Monday, October 1, 2018

New Issue: Asian International Arbitration Journal

The latest issue of the Asian International Arbitration Journal (Vol. 14, no. 1, 2018) is out. Contents include:
  • Christine Sim, Will Artificial Intelligence Take Over Arbitration?
  • Elizabeth Wu & Lawrence Boo, Of Moving Frontiers and Notes Verbales: Ascertaining the Intentions of State Parties in BITs (Sanum Investments Ltd v. Government of the Lao People’s Democratic Republic [2016] SGCA 57)
  • V. K. Rajah, The Case for Singapore to Take the Lead in International Arbitration Ethics
  • Gracious Timothy Dunna, Supreme Court in Centrotrade 2016: Too Quick to Nod at the Validity of the Two-Tier Arbitration Clause?
  • Sai Anukaran, ‘Scope of Arbitrability of Disputes’ from the Indian Perspective
  • Mohamed H. Negm & Huthaifa Bustanji, Particularity of Arbitration in International Intellectual Property Disputes: Fitting Square Peg into Round Hole

Sunday, September 30, 2018

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 53, 2018) is out. Contents include:
  • May third states directly and/or indirectly intervene in the Syrian armed conflict?
    • Introduced by Micaela Frulli, Marco Roscini, & Chiara Vitucci
    • Olivier Corten, L’intervention de la Russie en Syrie: que reste-t-il du principe de non-intervention dans les guerres civiles
    • Pietro Pustorino, The principle of non-intervention in recent non-international armed conflicts

New Issue: Criminal Law Forum

The latest issue of Criminal Law Forum (Vol. 29, no. 3, September 2018) is out. Contents include:
  • Neil Boister, Global Simplification of Extradition: Interviews with Selected Extradition Experts in New Zealand, Canada, the US and EU
  • Andrew Britton, Pressing for Sentence? An Examination of the New Zealand Crown Prosecutor’s Role in Sentencing
  • Nurilign Mulugeta Gurmessa, The Right to Representation by Criminal Defense Counsel in Ethiopia: A Critical Analysis
  • Thomas Weigend, A Comprehensive View of International Criminal Law and Procedure

Saturday, September 29, 2018

Pehlivan: Confronting Cyberespionage Under International Law

Oğuz Kaan Pehlivan has published Confronting Cyberespionage Under International Law (Routledge 2018). Here's the abstract:

We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage.

Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 78, no. 3, 2018) is out. Contents include:
  • Reparation for Victims of Armed Conflict: Impulses from the Max Planck Trialogues
    • Christian Marxsen, Unpacking the International Law on Reparation for Victims of Armed Conflict
    • Michael Wood, The Rights of Victims to Reparation: The Importance of Clear Thinking
    • Anne Peters, Rights to Reparation as a Consequence of Direct Rights under International Humanitarian Law
    • Rainer Hofmann, The 2010 International Law Association Declaration of International Law Principles on Reparation for Victims of Armed Conflict
    • Letizia Lo Giacco, In the Midst of Reparation: On the Correlation between Individual Rights and State Obligations
    • Carla Ferstman, The Relationship Between Inter-State Reparations and Individual Entitlements to Reparation: Some Reflections
    • Clara Sandoval, The Legal Standing and Significance of the Basic Principles and Guidelines on the Right to a Remedy and Reparation
    • Fin-Jasper Langmack, The Normative Value of the Basic Principles and Guidelines on the Right to a Remedy and Reparation
    • Carolyn Moser, Bring Claims if You Can – On the Intricate Arrangements for Claims Arising from Extraterritorial EU Security and Defence Activities
    • Christian Marxsen, What Do Different Theories of Customary International Law Have to Say About the Individual Right to Reparation Under International Humanitarian Law?
    • Franziska Brachthäuser & Anton Haffner, Transformative Reparation: Should Reparation Change Societies?
    • Shuichi Furuya, Waiver or Limitation of Possible Reparation Claims of Victims
    • Norbert Wühler, Reparations and Legal Succession – What Happens When the Victims Are Gone?
    • Mojtaba Kazazi, United Nations Compensation Commission and Liability for Use of Force
    • Christoph Sperfeldt, Reparations for Victims of Mass Atrocities: Taking the Views of Victims into Account
    • Thore Neumann, The ICC’s Reparations Order in re Al Mahdi – Three Remarks on Its Relevance for the General Discussion on Reparations
    • Matthias Hartwig, Reparations to Be Paid to a Third State on Whose Territory Military Actions Are Taken Against Non-State Actors
    • Leander Beinlich, Access Granted, Access Barred? Exploring the Interplay of Human Rights and States’ Domestic Liability Regimes in the Context of Individual Reparation Claims
    • Larissa van den Herik, Reparation for Decolonisation Violence A Short Overview of Recent Dutch Litigation
  • Abhandlungen
    • Monika Polzin, Der verrechtlichte Ausnahmezustand
    • Judith Wyttenbach, Women’s Rights to Land and Land-Related Resources under the UN Convention on the Elimination of all Forms of Discrimination Against Women
  • Stellungnahmen und Berichte
    • Matthias Hartwig, Bericht zur völkerrechtlichen Praxis der Bundesrepublik Deutschland im Jahr 2016

Sadat: Seeking Accountability for the Unlawful Use of Force

Leila Nadya Sadat (Washington Univ., St Louis - Law) has published Seeking Accountability for the Unlawful Use of Force (Cambridge Univ. Press 2018). Contents include:
  • Geoffrey Robertson, Foreword
  • Leila Nadya Sadat, Preface
  • Donald M. Ferencz, Introduction
  • M. Cherif Bassiouni, The status of aggression in international law from Versailles to Kampala – and what the future might hold
  • William A. Schabas, Nuremberg and aggressive war
  • Robert Cryer, The Tokyo IMT and crimes against peace (aggression) – is there anything to learn?
  • Larry May, The just war in ancient legal thought
  • Kirsten E. Sellars, Definitions of aggression as harbingers of international change
  • David M. Crane, International humanitarian law in an age of extremes: unlawful uses of force by non-state actors
  • Larissa van den Herik & Catherine Harwood, Commissions of inquiry and the Jus ad Bellum
  • Douglas J. Pivnichny, The international court of justice and the use of force
  • Carrie McDougall, The other enemy: transnational terrorists, armed attacks and armed conflict
  • Robin Geiß, Towards the substantive convergence of international human rights law and the laws of armed conflict – the case of Hassan v. the United Kingdom
  • Sergey Sayapin, International law on the use of force: current challenges
  • Yoram Dinstein, The crime of aggression under customary international law
  • Jennifer Trahan, The crime of aggression and the international criminal court
  • Terje Einarsen, Prosecuting aggression through other universal core crimes at the International Criminal Court
  • Manuel J. Ventura, The illegal use of armed force (other inhumane act) as a crime against humanity: an assessment of the case for a new crime at the International Criminal Court
  • John Hagan & Anna Hanson, Aggression, atrocities, and accountability: building a case in Iraq
  • Federica D'Alessandra & Robert Heinsch, Rethinking the relationship between Jus in Bello and Jus ad Bellum: a dialogue between authors
  • David J. Scheffer & Angela Walker, Twenty-first-century paradigms on military force for humane purposes
  • Mary Ellen O'Connell, The presumption of peace: illegal war, human rights, and humanitarian law
  • Leila Nadya Sadat, The urgent imperative of peace
  • Benjamin B. Ferencz, Epilogue

Sparks: Protection of Animals through Human Rights. The Case-Law of the European Court of Human Rights

Tom Sparks (Max Planck Institute for Comparative Public Law and International Law) has posted Protection of Animals through Human Rights. The Case-Law of the European Court of Human Rights. Here's the abstract:
This paper discusses the potential of a human rights framework to contribute to the growth and development of global animal law. Parts one and two of the essay take as their example the jurisprudence of the European Court of Human Rights, and examine the major trends in the Court’s judgments and admissibility decisions that directly or indirectly concern the rights or welfare of animals. It is concluded that the Court is not indifferent to the welfare of animals, but that animal welfare is instrumentalised: it is understood not as a good in itself, but is instead valued for its implications for human welfare and rights. Part three of the essay then considers the obstacles that the anthropocentrism of the human rights idea and the instrumentalisation of animal concerns present to the use of human rights frameworks to further the development of global animal law, as well as the opportunities that exist in the meeting of these paradigms. It concludes that although the telos of human rights law is different from that of animal law, nevertheless there exist many overlapping concerns within which mutually beneficial interactions are possible.

New Volume: Polish Yearbook of International Law

The latest volume of the Polish Yearbook of International Law (Vol. 37, 2017) is out. Contents include:
  • General articles
    • Christian Tomuschat, Individual and collective identity: Factual givens and their legal reflection in international law: Words in commemoration of Krzysztof Skubiszewski
    • Alessandra La Vaccara, Past conflicts, present uncertainty. Legal answers to the quest for information on missing persons and victims of enforced disappearance: Three case studies from the European context
    • Maryna Rabinovych, The rule of law promotion through trade in the “associated” Eastern neighbourhood
    • Hanna Kuczyńska, Changing evidentiary rules to the detriment of the accused? The Ruto and Sang decision of the ICC Appeals Chamber
    • Maciej Szpunar, Is the Court of Justice afraid of international jurisdictions?
    • Marton Varju, Member State interests and EU law: filtering, moderating, and transforming?
    • Jakub Kociubiński, European “ghost airports”: EU law failure or policy failure? The need for economic analysis in State aid law
    • Justyna Maliszewska-Nienartowicz, A new chapter in the EU counterterrorism policy? The main changes introduced by the Directive 2017/541 on combating terrorism
    • Mirosława Myszke-Nowakowska, Insolvency forum shopping – What can be learned from the ECJ and US Supreme Court case law on international company law and insolvency procedures?
  • Minisymposium on general principles of international law
    • Artur Kozłowski, Systematicity of general principles of (international) law – an outline
    • Roman Kwiecień, General principles of law: The gentle guardians of systemic integration of international law
    • Przemysław Saganek, General principles of law in public international law
    • Izabela Skomerska-Muchowska, Some remarks on the role of general principles in interpretation and application of international customary and treaty law
  • Polish practice of international law
    • Karolina Wierczyńska, Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation as a ground for prosecution of the crimes against humanity, war crimes and crimes against peace
    • Patrycja Grzebyk, Amendments of 2018 to the Act on the Institute of National Remembrance – Commission for the Prosecution of Crimes the Polish Nation in light of international law
  • Book reviews
    • Andrzej Jakubowski, Book review: Alexandra Xanthaki, Sanna Valkonen, Leena Heinämäki and Piia Nuorgam (eds.), Indigenous Peoples’ Cultural Heritage. Rights, Debates, Challenges, Brill-Nijhoff, Leiden-Boston: 2017, pp. viii, 351
    • Marcin Kałduński, Book review: B. N. Patel, A. Kumar, W. Nunes (eds.), Indian Ocean and Maritime Security: Competition, Cooperation and Threat, Routledge, London and New York 2017, pp. 164
    • Agata Kleczkowska, Book review: Claus Kreß and Stefan Barriga (eds.), The Crime of Aggression: A Commentary, Cambridge University Press, Cambridge: 2017, pp. 1488
    • Kaja Kowalczewska, Book review: Noam Zamir, Classification of Conflicts in International Humanitarian Law. The Legal Impact of Foreign Intervention in Civil Wars, Edward Elgar Publishing, Cheltenham, UK; Northampton, MA: 2017, pp. 260
    • Karolina Wierczyńska, Book review: Cheryl Lawther, Luke Moffett, Dov Jacobs (eds.), Research Handbook on Transitional Justice, Edward Elgar Publishing, Cheltenham, UK, Northampton, USA: 2017, pp. 576

Steininger & von Bernstorff: Who Turned Multinational Corporations into Bearers of Human Rights? On the Creation of Corporate 'Human' Rights in International Law

Silvia Steininger (Max Planck Institute for Comparative Public Law and International Law) & Jochen von Bernstorff (Univ. of Tuebingen - Law) have posted Who Turned Multinational Corporations into Bearers of Human Rights? On the Creation of Corporate 'Human' Rights in International Law. Here's the abstract:

Who turned multinational corporations into bearers of human rights? This contribution analyzes the recognition and transformation of the idea of legal persons as rights holders from a rather isolated and restricted phenomenon in some domestic contexts, into a broader and fully-fledged recognition of corporations as human rights bearers in international law. Throughout the last decades, the highly contested and by no means obvious recognition of corporations as independent right holders has become a salient discursive element in two fields of international law; international human rights law and international investment law.

By inquiring into the role of historical contingency, we analyze the interplay between events and discursive structures that led to the creation of corporate human rights. We argue that this development can be traced back to three historical events post 1945: First, the inclusion of legal persons in the drafting process of the ECHR and its First Additional Protocol in the late 1940s. Secondly, the jurisprudence of the ECtHR, peaking in the 1980s, which effectively promoted and expanded corporate rights. Thirdly, the migration of corporate human rights into the realm of investment arbitration in the early 2000s. Ultimately, we situate this critical re-description of corporate human rights in the debate on counterfactual thinking and the problem of false contingency, asking the question whether an alternative course of events would have been possible.

Dahlbeck: Spinoza, Ecology and International Law: Radical Naturalism in the Face of the Anthropocene

Moa De Lucia Dahlbeck (Göteborgs Universitet - Law) has published Spinoza, Ecology and International Law: Radical Naturalism in the Face of the Anthropocene (Routledge 2018). Here's the abstract:
This book addresses the use of Benedict Spinoza’s philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has – as evidenced in the recent UN report series Harmony with Nature – come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza’s ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza’s philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza’s naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.

Friday, September 28, 2018

New Issue: Revue québécoise de droit international

The latest issue of the Revue Québécoise de Droit International (Hors-série septembre 2018) is out. Contents include:
  • Terre à terre : Environnement et approches critiques du droit
    • Hélène Mayrand & Sabrina Tremblay-Huet, Terre à terre : Environnement et approches critiques du droit
    • Aliènor Bertrand, A Colonial Factory of Property Rights: Contribution to an Archeology of Naturalism
    • Hélène Mayrand, Déconstruire et repenser les fondements du droit international de l’environnement
    • Julia Dehm, Reflections on Paris: Thoughts Towards a Critical Approach to Climate Law
    • Rabah Belaidi, Entre théories et pratiques : La nature, sujet de droit dans la constitution équatorienne, considérations critiques sur une vieille antienne
    • Sabrina Tremblay-Huet, Should Environmental Law Learn from Animal Law? Compassion as a Guiding Principle for International Environmental Law Instead of Sustainable Development

Faundez: The International Court of Justice in Maritime Disputes: The Case of Chile and Peru

Julio Faundez (Warwick Univ. - Law) has published The International Court of Justice in Maritime Disputes: The Case of Chile and Peru (Routledge 2018). Here's the abstract:

The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary.

This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.

Call for Submissions: Yearbook of International Disaster Law

A call for submissions has been issued for the inaugural volume of the Yearbook of International Disaster Law. Here's the call:

The Yearbook of International Disaster Law (YIDL) aims to foster the interest of academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made disasters, including rapid and slow onset events, but excluding events such as armed conflicts or political/financial crises per se. The YIDL is a double-blind peer review journal published by Brill/Nijhoff.

For its inaugural issue (vol. 1, 2018) the YIDL welcome submissions of abstracts for papers addressing topics pertaining to any issue of international disaster law. Abstracts shall be sent by 15th November 2018 at the e-mail address: info@yearbookidl.org The YIDL also welcomes suggestions for book reviews.

Abstracts should be between 700-1,000 words, including relevant citations. Authors are also kindly requested to attach a short curriculum vitae to their e-mail. Further details available in the attached call.

Thursday, September 27, 2018

Crossland: War, Law and Humanity: The Campaign to Control Warfare, 1853-1914

James Crossland (Liverpool John Moores Univ. - History) has published War, Law and Humanity: The Campaign to Control Warfare, 1853-1914 (Bloomsbury 2018). Here's the abstract:
War, Law and Humanity tells the story of the transatlantic campaign to either mitigate the destructive forces of the battlefield, or prevent wars from being waged altogether, in the decades prior to the disastrous summer of 1914. Starting with the Crimean War of the 1850s, James Crossland traces this campaign to control warfare from the scandalous barracks of Scutari to the shambolic hospitals of the American Civil War, from the bloody sieges of Paris and Erzurum to the combative conference halls of Geneva and The Hague, uncovering the intertwined histories of a generation of humanitarians, surgeons, pacifists and utopians who were shocked into action by the barbarism and depravities of war. By examining the fascinating personal accounts of these figures, Crossland illuminates the complex motivations and influential actions of those committed to the campaign to control war, demonstrating how their labours built the foundation for the ideas – enshrined in our own times as international norms – that soldiers need caring for, weapons need restricting and wars need rules.

New Volume: Australian Year Book of International Law

The latest volume of the Australian Year Book of International Law (Vol. 35, 2017) is out. Contents include:
  • Kirby Lecture in International Law 2017
    • Bill Campbell, International Dispute Resolution: Australian Perspectives and Approaches
  • The Sir Elihu Lauterpacht International Law Lecture 2017
    • James Crawford, International Law and the Public Service
  • Articles
    • Henry Burmester, Sir Elihu Lauterpacht QC and the Nuclear Tests Case
    • George Brandis, The Right of Self-Defence Against Imminent Armed Attack in International Law
    • Edmund Bao & Kath Hall, Peer Review and the Global Anti-Corruption Conventions: Context, Theory and Practice
    • Robert McLaughlin, Revisiting the Red Crusader Incident
    • Tanjina Sharmin, Should the MFN within Investment Treaties Exclude Dispute Resolution? An Evaluation of the Australian Approach
    • Paul Taylor, Academic Freedom in Universities: Between Indispensable Right and Scenic Accessory
    • Johannes Landbrecht, Advancing, Retreating or Stepping on Each Other’s Toes? The Role of Non-Governmental Organisations in United Nations Human Rights Treaty Body Reporting and the Universal Periodic Review

Call for Papers: The Theory and Philosophy of Customary International Law and Its Interpretation

The the ERC project on The Rules of Interpretation of Customary International Law (TRICI-Law project) and the ESIL Interest Group on the Theory and Philosophy of International Law have issued a call for papers for a conference on "The Theory and Philosophy of Customary International Law and Its Interpretation," which will take place May 24-25, 2019, at the University of Groningen. The call is here.

Wentker: Nichtteilnahme als Grenzphänomen zwischenstaatlicher Gerichts- und Schiedsverfahren – die Fälle South China Sea und Arctic Sunrise

Alexander Wentker (Max Planck Institute for Comparative Public Law and International Law) has posted Nichtteilnahme als Grenzphänomen zwischenstaatlicher Gerichts- und Schiedsverfahren – die Fälle South China Sea und Arctic Sunrise (Non-Participation in Inter-State Proceedings Before International Tribunals – the South China Sea and Arctic Sunrise Cases) (in Grenzen des Rechts, Marie-Claire Foblets, Dirk Hanschel & Armin Höland eds., forthcoming). Here's the abstract:

German Abstract: Dieser Beitrag untersucht die Antworten des Internationalen Seegerichtshofs und zweier Schiedsgerichte auf die Nichtteilnahme Chinas im Fall South China Sea und Russlands im Fall Arctic Sunrise. Dabei fragt er erstens nach Grenzen für die (Schieds-)Gerichte bei der Durchführung der Verfahren, zweitens nach Grenzen für das Verhalten der nicht teilnehmenden Staaten im Verfahren und drittens nach Grenzen für die Funktionsfähigkeit der intenationalen Seegerichtsbarkeit jenseits der beiden Verfahren. Er legt dar, dass die Nichtteilnahme der beklagten Staaten für die Durchführbarkeit und die Integrität der Verfahren keine insgesamt unüberwindbare Herausforderung darstellte. Das Verfahrensrecht erlaubte den (Schieds-)Gerichten nicht nur, die Prozesse überhaupt durchzuführen. Mit ihrem erheblichen Gestaltungsspielraum bei der Verfahrensregelung und der Beweiserhebung und -würdigung konnten sie außerdem praktischen Schwierigkeiten auf verschiedenen Ebenen weitgehend begegnen. Obwohl China und Russland sich ihrem Status als Parteien am Verfahren nicht entziehen konnten, waren sie zur Teilnahme als solcher nicht verpflichtet. Dennoch zogen die (Schieds-)Gerichte dem Verhalten Grenzen, das die Nichtteilnahme begleitete. Auch über die beiden Fälle hinaus sind eine nachhaltige Beeinträchtigung der effektiven Funktionswahrnehmung der Seegerichtsbarkeit, ihrer Entwicklung und des Vertrauens in ihre Mechanismen nicht unbedingt zu befürchten. Jedenfalls stünde das nicht ohne Weiteres in einem klaren Zusammenhang zum Phänomen der Nichtteilnahme.

English Abstract: This paper analyses the responses given by the International Tribunal for the Law of the Sea and two arbitral tribunals to China and Russia’s non-participation in the South China Sea and Arctic Sunrise cases respectively. It enquires, first, into the limits on these tribunals’ ability to conduct their proceedings, secondly, into the limits on the non-participating States’ behaviour during the proceedings, and thirdly, into the limits for international adjudication in the law of the sea as it extends beyond the two cases. I argue that the defendant States’ non-participation did not seriously undermine the good administration of justice and the integrity of the proceedings. The procedural law as applied by the tribunals provided them with considerable flexibility and broad competencies to regulate their own procedures and to admit evidence. This allowed them to meet the practical challenges that arose at various levels. While China and Russia could not evade their party status in the cases, they were under no duty to appear. Nevertheless, the tribunals were still able to set limits on the conduct of the two States. I conclude that following these two cases, neither the effectiveness, nor the development of law of sea adjudication and the trust in its mechanisms are necessarily impaired. At least, such an impairment should not automatically be attributed to the States' non-participation.

Abbenhuis: The Hague Conferences and International Politics, 1898-1915

Maartje Abbenhuis (Univ. of Auckland - History) has published The Hague Conferences and International Politics, 1898-1915 (Bloomsbury 2018). Here's the abstract:

Beginning with the extraordinary rescript by Tsar Nicholas II in August 1898 calling the world's governments to a disarmament conference, this book charts the history of the two Hague peace conferences of 1899 and 1907 – and the third conference of 1915 that was never held – using diplomatic correspondence, newspaper reports, contemporary publications and the papers of internationalist organizations and peace activists.

Focusing on the international media frenzy that developed around them, Maartje Abbenhuis provides a new angle on the conferences. Highlighting the conventions that they brought about, she demonstrates how The Hague set the tone for international politics in the years leading up to the First World War, permeating media reports and shaping the views and activities of key organizations such as the inter-parliamentary union, the international council of women and the Institut de droit international (Institute of International Law).

Based on extensive archival research in the Netherlands, Great Britain, Switzerland and the United States alongside contemporary publications in a range of languages, this book considers the history of the Hague conferences in a new way, and presents a powerful case for the importance of The Hague conferences in shaping twentieth century international politics.

Wednesday, September 26, 2018

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added new lectures to the UN Audiovisual Library of International Law. They were given by Anthea Roberts on “Is International Law International?” and Dire Tladi on “The African Peace and Security Architecture.”

Pisillo Mazzeschi & De Sena: Global Justice, Human Rights and the Modernization of International Law

Riccardo Pisillo Mazzeschi (Università degli Studi di Siena - International and Political Sciences) & Pasquale De Sena (Università Cattolica del Sacro Cuore - Law) have published Global Justice, Human Rights and the Modernization of International Law (Springer 2018). Contents include:
  • Emmanuel Decaux, The Impact of Individuals and Other Non-State Actors on Contemporary International Law
  • Antonello Tancredi, State Sovereignty: Balancing Effectiveness and Legality/Legitimacy
  • Giorgio Gaja, Claims Concerning Obligations Erga Omnes in the Jurisprudence of the International Court of Justice
  • Pierre-Marie Dupuy, From a Community of States Towards a Universal Community?
  • Hanna Bourgeois & Jan Wouters, Methods of Identification of International Custom: A New Role for Opinio Juris?
  • Riccardo Pisillo Mazzeschi & Alessandra Viviani, General Principles of International Law: From Rules to Values?
  • Jean d’Aspremont, What Was Not Meant to Be: General Principles of Law as a Source of International Law
  • Christian Tomuschat, General International Law: A New Source of International Law?
  • Massimo Iovane, Conflicts Between State-Centred and Human-Centred International Norms
  • Francesco Francioni, Global Justice, Equality and Social Inclusion: What Kind of “Modernization” of International Law?
  • Pasquale De Sena, Still Three Different Status for Aliens, Citizens and Human Persons?
  • Jorge E. Viñuales, The Influence of Environmental Protection on the Fabric of International Law

Marxsen & Peters: Reparation for Victims of Armed Conflict: Impulses from the Max Planck Trialogues

Christian Marxsen (Max Planck Institute for Comparative Public Law and International Law) & Anne Peters (Max Planck Institute for Comparative Public Law and International Law) have posted Reparation for Victims of Armed Conflict: Impulses from the Max Planck Trialogues. The table of contents is here. Here's the abstract:
The international law on reparation for victims of armed conflict is complex. Numerous subfields of international law are involved, among them international human rights law, international criminal law, international humanitarian law, and the law on State responsibility. In addition to this complexity, reparation-related questions are often highly politically charged. They are focal points of contestation about moral values, different conceptions of justice, and approaches to international law, including the status of the individual human being in this order. Against this backdrop, the collection of short essays explores whether and under which circumstances individuals have a right to reparation under international law. The introduction unpacks the legal dimensions and identifies the currently most controversial issues. One set of essays then analyses, from different angles, whether a right to reparation for individuals exists as a matter of law. Another set recounts experiences with the implementation of reparation mechanisms and discusses the challenges. A third group of essays addresses the role of domestic courts. The essays (‘impulses’) are one outcome of the Max Planck Trialogue workshop on reparation for victims of armed conflict, held in November 2017 in Berlin.

Sayapin & Tsybulenko: The Use of Force against Ukraine and International Law Jus Ad Bellum, Jus In Bello, Jus Post Bellum

Sergey Sayapin (KIMEP Univ. - Law) & Evhen Tsybulenko (Tallinn Univ. of Technology - Law) have published The Use of Force against Ukraine and International Law: Jus Ad Bellum, Jus In Bello, Jus Post Bellum (Asser Press 2018). Contents include:
  • Miras Daulenov, The Legal Nature of States’ Obligations Towards Ukraine in the Context of Jus Contra Bellum
  • Bill Bowring, Who Are the “Crimea People” or “People of Crimea”? The Fate of the Crimean Tatars, Russia’s Legal Justification for Annexation, and Pandora’s Box
  • Valentina Azarova, An Illegal Territorial Regime? On the Occupation and Annexation of Crimea as a Matter of International Law
  • Sabine Hassler & Noëlle Quénivet, Conferral of Nationality of the Kin State – Mission Creep?
  • Oleksandr Merezhko, International Legal Aspects of Russia’s War Against Ukraine in Eastern Ukraine
  • Evhen Tsybulenko and J’moul A. Francis, Separatists or Russian Troops and Local Collaborators? Russian Aggression in Ukraine: The Problem of Definitions
  • Tymur Korotkyi & Nataliia Hendel, The Legal Status of the Donetsk and Luhansk “Peoples’ Republics”
  • Gergely Tóth, Legal Challenges in Hybrid Warfare Theory and Practice: Is There a Place for Legal Norms at All?
  • Olga Butkevych, The Operation of International Treaties and Contracts in the Event of Armed Conflict: Problems Reopened by Russian Aggression Against Ukraine
  • Jozef Valuch & Ondrej Hamulak, Cyber Operations During the Conflict in Ukraine and the Role of International Law
  • Anastasia Frolova, Foreign Fighters in the Framework of International Armed Conflict Between Russia and Ukraine
  • Natalia Krestovska, Children and the Armed Conflict in Eastern Ukraine
  • Evhen Tsybulenko & Bogdan Kelichavyi, International Legal Dimensions of the Russian Occupation of Crimea
  • Sergii Pakhomenko, Kateryna Tryma & J’moul A. Francis, The Russian–Ukrainian War in Donbas: Historical Memory as an Instrument of Information Warfare
  • Sergey Sayapin, An Alleged “Genocide of Russian-Speaking Persons” in Eastern Ukraine: Some Observations on the “Hybrid” Application of International Criminal Law by the Investigative Committee of the Russian Federation
  • Gerhard Kemp & Igor Lyubashenko, The Conflict in Ukrainian Donbas: International, Regional and Comparative Perspectives on the Jus Post Bellum Options
  • Beatrice Onica Jarka, Triggering the International Criminal Court’s Jurisdiction for Alleged Crimes Committed Across Ukraine, Including in Crimea and Donbas
  • Rustam Atadjanov, War Crimes Committed During the Armed Conflict in Ukraine: What Should the ICC Focus On?
  • Ioannis P. Tzivaras, Sexual Violence in War-Torn Ukraine: A Challenge for International Criminal Justice
  • Katrin Nyman Metcalf, Post-conflict Reconstruction of Trust in the Media

Call for Papers: The League of Nations Decentred: Law, Crises and Legacies

The Laureate Program in International Law has issued a call for papers for a conference on "The League of Nations Decentred: Law, Crises and Legacies," to take place July 18-19, 2019, at the Melbourne Law School. Here's the call:

The League of Nations Decentred: Law, Crises and Legacies

Conveners: Luís Bogliolo, Kathryn Greenman, Anne Orford, and Ntina Tzouvala.

Confirmed Keynote Speaker: Professor Balakrishnan Rajagopal (Department of Urban Studies and Planning, Massachusetts Institute of Technology)

Almost a hundred years after the creation of the League of Nations, it is still commonly remembered as a failure in a period of chaos and disorder. Recently, however, a growing literature has begun a reappraisal of this historiography, looking at the role of the League of Nations beyond its frustrations and disillusionments in collective security. This new surge of critical studies has led to a more complex and multifaceted understanding of the League, exploring its legacies and impacts at a time of renewed economic crises and of deepening conflicting visions of international order. In the centenary of its foundation, we are taking this further by looking at the League of Nations with a view from the South. Our aim is to decentre the League and to explore competing visions of international order, law and institutions that resonate in our contemporary world.

This conference will bring together scholars working in law, history, international relations, and political theory to think critically about the League of Nations, law, institutions, practices, ideologies and technologies in relation to or with a view from the South. Paper proposals related to the conference theme are now invited. Possible topics for papers include:

  • The League of Nations and the regulation of international violence

  • Sovereignty, empires, and the shifting boundaries of international authority

  • Intervention (military, economic, political) in the context of the League

  • Anti-colonialism, the rise of transnational social movements (socialism, feminism, national liberation)

  • Competing internationalisms and visions of international order

  • The rise of fascism and Nazism

  • Petitioning, oversight, publicity and new arenas of international politics

  • Humanitarianism, humanitarian assistance and governance

  • Adjudication, arbitration, and the Permanent Court of International Justice

  • The relationship between the League of Nations and contemporary or succeeding international institutions

  • The Mandates system

  • Indigenous peoples and the League of Nations

  • Codification and the role of international law

  • Major crises of the League of Nations (eg Ethiopia, Manchuria)

  • Economic and social regulation and authority

Abstracts of no more than 350 words should be submitted to Dr Ntina Tzouvala (konstantina.tzouvala@unimelb.edu.au) by the 30th of November 2018.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 57, no. 4, August 2018) is out. Contents include:
  • Arctic Sunrise Arbitration (Netherlands/Russia) (Award on Compensation) (Perm. Ct. Arb.), with introductory note by Theodore Kill
  • Menci & Garlsson Real Estate SA and Others v. Commissione Nazionale per le Società e la Borsa (Consob) & Joined Cases Di Puma v. Consob and Consob v. Zecca (CJEU), with introductory note by Anita Clifford
  • Rubin v. Islamic Republic of Iran (U.S. Sup. Ct.), with introductory note by Gabrielle Goodwin
  • Jesner v. Arab Bank (U.S. Sup. Ct.), with introductory note by Laura Conn
  • R (on the application of Bancoult No 3) v. Secretary of State for Foreign and Commonwealth Affairs (U.K. Sup. Ct.), with introductory note by Stephen Allen

New Issue: Swiss Review of International and European Law

The latest issue of the Swiss Review of International and European Law (Vol. 28, no. 2, 2018) is out. Contents include:
  • SVIR-Tagung 2017
    • Markus Muller-Chen, Update zu den drei Revisionen des IPRG: Schiedsgerichts-Barkeit, Insolvenzrecht, Erbrecht
    • Andrea Bonomi, Die Geplante Revision des Schweizerischen Internationalen Erbrechts: Erweiterte Gestaltungsmoglichkeiten und Koordination mit der Europaischen Erbrechtsverordnung
    • Gian Paolo Romano, Successions Internationales et (Semi-) loi Federale sur le Droit International Prive: Quelques Defis
    • Marco Stacher & Christian Oetiker, Kernpunkte der Revision des 12: Kapitels des IPRG