This is a pivotal moment for trade affairs and a critical time to take stock and reflect on the future of global economic governance and connectivity. The conference will bring together leading academics and practitioners to explore emerging ideas and the most recent developments, at a critical time for international trade law. This year, amidst a global pandemic, the conference will take place virtually over two half days: 22 October 12.00-17.00 and 23 October 09.00-13.00 (BST) BIICL will host 6 virtual panels around the world to cover strategically important geographical areas where major developments, discussions and decisions impacting international trade are taking place.
The history of international criminal justice is often recounted as a series of institutional innovations. But international criminal justice is also the product of intellectual developments made in its infancy. This book examines the contributions of a dozen key figures in the early phase of international criminal justice, focusing principally on the inter-war years up to Nuremberg. Where did these figures come from, what did they have in common, and what is left of their legacy? What did they leave out? How was international criminal justice framed by the concerns of their epoch and what intuitions have passed the test of time? What does it mean to reimagine international criminal justice as emanating from individual intellectual narratives? In interrogating this past in all its complexity one does not only do justice to it; one can recover a sense of the manifold trajectories that international criminal justice could have taken.
Nauru is often figured as an anomaly in the international order. This book offers a new account of Nauru's imperial history and examines its significance to the histories of international law. Drawing on theories of jurisdiction and bureaucracy, it reconstructs four shifts in Nauru's status – from German protectorate, to League of Nations C Mandate, to UN Trust Territory, to sovereign state – as a means of redescribing the transition from the nineteenth century imperial order to the twentieth century state system. The book argues that as international status shifts, imperial form accretes: as Nauru's status shifted, what occurred at the local level was a gradual process of bureaucratisation. Two conclusions emerge from this argument. The first is that imperial administration in Nauru produced the Republic's post-independence 'failures'. The second is that international recognition of sovereign status is best understood as marking a beginning, not an end, of the process of decolonisation.
Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices.
International human rights law has been repeatedly shown to advance health and wellbeing - empowering communities and fostering accountability for realizing the highest attainable standard of health. This book provides a compelling examination of international human rights as essential for advancing public health. It demonstrates how human rights strengthens human autonomy and dignity, while placing clear responsibilities on government to safeguard the public's health and safety.
Bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.
The latest issue of the Journal of International Arbitration (Vol. 37, no. 5, 2020) is out. Contents include:
In United Nations Peace Operations and Human Rights: Normativity and Compliance Sylvia Maus offers a comprehensive account of the human rights obligations of United Nations peace operations with a dual focus on the applicability and the content of UN peace operations’ human rights obligations. Selected case studies show a triad of human rights gaps: a protection gap, an accountability gap and a remedy gap.
Going further than purely legal studies on the subject, Maus makes use of international relations theory and addresses considerations of reputation and legitimacy as reasons for (non-)compliance with human rights by the UN. Based on this interdisciplinary approach, she convincingly proposes ways for enhancing human rights compliance in UN peace operations.
Die Rechtsstaatlichkeitsmission der Europäischen Union im Kosovo, die sog. EULEX-Mission, ist ein Beispiel der Ausübung von Hoheitsgewalt durch die EU außerhalb ihrer Grenzen. Agnė Makris untersucht die Mission aus völker-, europa- und verwaltungsrechtlicher Perspektive, um im Wesentlichen zwei Legitimationsfragen nachzugehen: Erstens, ist die EU als Rechtsgemeinschaft sui generis und zugleich als Teil des Völkerrechtssystems dazu befugt, staatliche Aufgaben auf Drittgebieten zu übernehmen, und falls ja, unter welchen rechtlichen Bedingungen? Auf einer zweiten Ebene stellt sich dann die Frage nach den rechtlichen Rahmenbedingungen für das eigentliche Handeln der EU vor Ort. An welche rechtlichen Vorgaben ist eine EU-Verwaltungsmission im Einsatzgebiet gebunden bzw. welchen rechtlichen Standards muss sie genügen? Um diese Fragen beantworten zu können, erarbeitet die Autorin zunächst auf abstrakter Ebene rechtliche Vorgaben, die speziell auf hoheitlich tätige zivile Missionen bezogen sind. Diese können auch als Maßstab für künftige EU-Missionen dieser Art herangezogen werden.
The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage.
The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty.
The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.
Scholars in law and the social sciences are calling into question the conventional doctrinal account of how international law works. We join this chorus by extolling the virtues of a new method for studying the social life of international law: international legal ethnography. Ethnographic approaches advance the project of the New Legal Realism by explaining legal outcomes through a multidisciplinary study of concrete institutional practices and the subjectivity of legal actors in international justice institutions. A full understanding of why international courts produce influential legal precedent as well as incoherent law and failed prosecutions requires a grasp of both international legal doctrine as well as the organizational culture and quotidian practice of international organizations. International justice institutions are neither insulated from the vagaries of global politics, nor simply reducible to them. Because of their unique and structurally-fragile position betwixt and between national legal cultures, international criminal tribunals have of necessity created a socialization process that inculcates distinctive norms, practices and values among its staff, a process that has identifiable consequences for legal process and outcomes. Our ultimate goal is neither naive faith in the probity of international tribunals, nor a reflexively moral dystopian-ism, but a clear-eyed assessment of both the successes and shortcomings of international justice institutions.
This essay analyzes the outcome of the International Law Commission (ILC)’s seventy- first session, held from April 29 to June 7 and from July 8 to August 9, 2019 in Geneva, under the chairmanship of Pavel Šturma (Czech Republic). Notably, the Commission completed the first reading of its topic on peremptory norms of general international law (jus cogens). The Commission also completed the first reading of its topic on protection of the environment in relation to armed conflict and completed the second reading of its topic on crimes against humanity. Progress was also made in developing draft articles on succession of states with respect to state responsibility, draft articles on immunity of state officials from foreign criminal jurisdiction, and draft conclusions on general principles of law. Additionally, the Commission held informal consultations concerning model clauses for its topic on provisional application of treaties, the first reading of which was completed in the seventieth session and the second reading of which is expected during the seventy-second session in 2020.
The Commission added to its agenda a topic on sea-level rise in relation to international law, which is being addressed in the context of a study group rather than by use of a special rapporteur. It also added two new topics to its long-term work program: (1) reparation to individuals for gross violations of international human rights law and serious violations of international humanitarian law; and (2) prevention and repression of piracy and armed robbery at sea.
The latest issue of the Chinese Journal of International Law (Vol. 19, no. 2, June 2020) is out. Contents include:
The latest issue of Global Trade and Customs Journal (Vol. 15, no. 10, 2020) is out. Contents include:
The latest issue of the Nordic Journal of Human Rights (Vol. 38, no. 1, 2020) is out. Contents include:
Here's the schedule for the Lauterpacht Centre for International Law's Michaelmas Term 2020 Friday Lunchtime Lectures (all lectures will be online):
Call for Papers: International Organizations Workshop Friday, 19 February 2021
Virtual
The International Organizations Interest Group (IOIG) of the American Society of International Law (ASIL) welcomes abstract submissions for its biennial work-in-progress workshop, to be held on Friday, 19 February 2021 virtually.
Abstracts must relate to the study of international organizations (broadly defined). We particularly encourage submissions on one of the following topics: (1) international law and climate change; (2) global health governance.
To submit an abstract, please email the Co-Chairs and Vice-Chair Christie Edwards, Melinda Kuritzky and Ayelet Berman at IOIG@asil.org by midnight on 1 November 2020.
Authors whose abstracts have been selected will be notified by 1 December 2020. Papers are due no later than 5 February 2021 and will be pre-circulated. Papers should not yet be published.
Each paper will be assigned a commentator, who will introduce the paper followed by a discussion with workshop participants. The workshop will be conducted on the assumption that everyone has read all of the papers in advance. Attendance will be open.
The workshop will be held virtually and Zoom details will be provided in advance of the event.
