Iverson: Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace

Jens Iverson (Leiden Univ. - Law) has published Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace (Brill | Nijhoff 2021). Here's the abstract:

In Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of jus post bellum avant la letter, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.

Maia & Collin: Nuclear Weapons and International Law: Visions of a Plural World

Catherine Maia (Universidade Lusófona do Porto - Law) & Jean-Marie Collin (GRIP – Groupe de recherche et d’information sur la paix et la sécurité) have published Nuclear Weapons and International Law: Visions of a Plural World (Edições Universitárias Lusófonas 2021). The table of contents is here. Here's the abstract:

In a world affected by the Covid-19 global pandemic, where more financial resources would be needed for medicines instead of weapons, all nuclear States – whether parties to the Nuclear Non-Proliferation Treaty or not, whether democratic or authoritarian regimes – keep modernising their nuclear arsenal. Despite this attitude, which highlights the crisis of the nuclear non-proliferation regime, since the launch of the “Humanitarian Initiative” in 2010, nuclear disarmament has been at the centre of the action of an increasing number of countries, with the strong support of NGOs. This phenomenon gave unprecedented visibility and significance to the topic, and allowed the entry into force in 2021 of the 2017 Treaty on the Prohibition of Nuclear Weapons, the first legally binding international agreement to comprehensively prohibit nuclear weapons, in order to achieve their total elimination. These recent developments show that there are hopes and challenges in a pluralistic world where nuclear and non-nuclear weapons States continue to confront each other in this highly sensitive area. It is against this background that readers are offered a set of different perspectives on these weapons of mass destruction, authored by a multidisciplinary team of contributors from a wide array of geographical areas.

Special Issue: Derecho Internacional Económico: Temas actuales en comercio, inversión y derecho transnacional

The latest issue of Derecho PUCP (no. 86, 2021) focuses on "Derecho Internacional Económico: Temas actuales en comercio, inversión y derecho transnacional." Contents include:

• Derecho Internacional Económico: Temas actuales en comercio, inversión y derecho transnacional
• Luciano Pezzano, El artículo XXI del GATT y la agresión: hacia una interpretación compatible con la unidad del orden jurídico internacional
• Natalia Gallardo-Salazar & Jaime Tijmes-IHL, La Alianza del Pacífico y el CPTPP: ¿alternativas para la solución de diferencias ante la OMC?
• Pablo Guillermo Peña Alegría, María Ángela Sasaki Otani, & Carlos Trinidad Alvarado, ¿Cómo enverdecer el derecho comunitario andino?: propuestas para insertar políticas de precios al carbono en un contexto de recuperación verde de la Comunidad Andina
• Christian Carbajal Valenzuela & Yolanda Mendoza Neyra, El arbitraje internacional de inversiones y la lucha internacional contra la corrupción
• Juan-Felipe Toro-Fernandez & Jaime Tijmes-IHL, Los capítulos de inversiones en la Alianza del Pacífico, el CPTPP y el T-MEC: convergencia sustantiva, divergencia procesal
• José Antonio Pejovés Macedo, Ventas marítimas y confluencia contractual
• Adriana Mae Molina Rivas, La necesidad de actualización y perfeccionamiento de la regulación de la insolvencia transfronteriza en Cuba

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 36, no. 2, 2021) is out. Contents include:

• Klaas Willaert & Pradeep A Singh, Deep Sea Mining Partnerships with Developing States: Favourable Collaborations or Opportunistic Endeavours?
• Michael Sheng-ti Gau & Gang Tang, The Operation of the CLCS Facing Disputes: An Examination of the Rules and Practices
• Alexander Lott, The (In)applicability of the Right of Innocent Passage in the Gulf of Finland – Russia’s Return to a Mare Clausum?
• Lena Schøning, The Contribution of Integrated Marine Policies to Marine Environmental Protection: The Case of Norway
• Sandrine W. De Herdt, In the Name of Equality: The ‘Bengal Rule’
• Ekaterina Antsygina, Prohibition of Bottom Trawling on Extended Continental Shelves: Creeping Jurisdiction or Enforcement of Sovereign Rights?
• Talitha Ramphal, The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup
• Gabriela A. Oanta, Resolving the United Kingdom and European Union Membership of Regional Fisheries Management Organisations Post Brexit

Vasconcelos Vilaça & Varaki: Ethical Leadership in International Organizations: Concepts, Narratives, Judgment, and Assessment

Guilherme Vasconcelos Vilaça (Instituto Tecnológico Autónomo de México) & Maria Varaki (King's College London) have published Ethical Leadership in International Organizations: Concepts, Narratives, Judgment, and Assessment (Cambridge Univ. Press 2021). The table of contents is here. Here's the abstract:

This book offers an innovative interdisciplinary approach that elucidates the importance of virtue ethics to help better understand the role of leadership in international organisations. The authors use a combination of theoretical and conceptual narratives as well as case studies to highlight both the advantages and weaknesses that the angle of virtue ethics offers. A particularly important step in times of uncertainty or crisis when the demand for leadership becomes more urgent yet more daunting. In this sense, this volume oscillates between critique and hope, since it provides a plausible, rather than a purely abstract, approach to the conceptualization and concretization of ethical leadership.

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 16, no. 6, 2021) is out. Contents include:

• Martijn L. Schippers, Software and Customs Valuation
• Manya Gupta, James J. Nedumpara, Special Economic Zones and Free Trade Enclaves: A Troubled Existence After India: Export Related Measures (Panel) Ruling?
• Michael Lux, Christopher Matt, Classification of Goods: What are the Hurdles and Pitfalls in the Use of Automation or IT Support?
• Duy K. Dinh, Rules of Origin in RCEP Agreement: Advancement and Convergence
• Laura Fraedrich & Andrew Bisbas, US Customs Rulings Highlight Importance of Arm’s Length Valuation Requirement
• Nada Morsy Elzahar, Alejandro Matsuno Remigio, & Sadia Sultan, Systemic Issues in the Panel Report in Indonesia – Chicken (Article 21.5: Brazil)

New Issue: Review of International Studies

The latest issue of the Review of International Studies (Vol. 47, no. 3, July 2021) is out. Contents include:

• Jean-François Drolet & Michael C. Williams, The radical Right, realism, and the politics of conservatism in postwar international thought
• Rens van Munster & Casper Sylvest, Nuclear weapons, extinction, and the Anthropocene: Reappraising Jonathan Schell
• Yih-Jye Hwang, Reappraising the Chinese School of International Relations: A postcolonial perspective
• Hortense Jongen, Peer review and compliance with international anti-corruption norms: Insights from the OECD Working Group on Bribery
• Andrea Liese, Jana Herold, Hauke Feil, & Per-Olof Busch, The heart of bureaucratic power: Explaining international bureaucracies’ expert authority
• Naghmeh Nasiritousi & Hugo Faber, Legitimacy under institutional complexity: Mapping stakeholder perceptions of legitimate institutions and their sources of legitimacy in global renewable energy governance

Webinar: Operationalising Customary International Human Rights Law

On June 16, 2021, the University of Westminster will host a webinar on "Operationalising Customary International Human Rights Law." Details are here.

Streinz: International Economic Law's Regulation of Data as a Resource for the Artificial Intelligence Economy

Thomas Streinz (New York Univ. - Guarini Global Law & Tech) has posted International Economic Law's Regulation of Data as a Resource for the Artificial Intelligence Economy (in Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration, Shin-yi Peng, Ching-Fu Lin, Thomas Streinz eds., forthcoming). Here's the abstract:

This chapter for a forthcoming volume on artificial intelligence and international economic law surveys regulatory interventions through which governments seek to enhance domestic companies’ access to data: Mandatory data sharing requirements (as under the EU’s new financial services regulations), data transfer restrictions (as under India’s draft ecommerce policy), and open data initiatives (as under Singapore’s ‘smart nation’ initiative)— all seek to make more data available with the aim of spurring innovation and growth in the artificial intelligence economy. Such measures are indirectly affected by existing and newly emerging rules of international economic law. International investment law is likely to be mobilized in defense against governments that seek to mandate data sharing from private data holders, while new rules on “digital trade” are meant to ensure transnational data mobility. In sum, international economic law regulates data in favor of data-holders’ ability to retain control over data location and use and constrains states’ ability to confront asymmetric control over data.

Bismuth, Dunin-Wasowicz, & Nichols: The Transnationalization of Anti-Corruption Law

Régis Bismuth (Sciences Po - Law), Jan Dunin-Wasowicz (Hughes Hubbard & Reed LLP), & Philip M. Nichols (Univ. of Pennsylvania - Wharton School) have published The Transnationalization of Anti-Corruption Law (Routledge 2021). The table of contents is here. Here's the abstract:

The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime.

The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law.

The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

Aloni: The League of Nations and the Protection of the Environment

Omer Aloni (Bar-Ilan Univ.) has published The League of Nations and the Protection of the Environment (Cambridge Univ. Press 2021). Here's the abstract:

In the history of how the law has dealt with environmental issues over the last century or so, the 1920s and 30s and the key role of the League of Nations in particular remain underexplored by scholars. By delving into the League's archives, Omer Aloni uncovers the story of how the interwar world expressed similar concerns to those of our own time in relation to nature, environmental challenges and human development, and reveals a missing link in understanding the roots of our ecological crisis. Charting the environmental regime of the League, he sheds new light on its role as a centre of surprising environmental dilemmas, initiatives, and solutions. Through a number of fascinating case studies, the hidden interests, perceptions, motivations, hopes, agendas and concerns of the League are revealed for the first time. Combining legal thought, historical archival research and environmental studies, a fascinating period in legal-environmental history is brought to life.

New Issue: International Peacekeeping

The latest issue of International Peacekeeping (Vol. 28, no. 3, 2021) is out. Contents include:

• Understanding Ceasefires
• Corinne Bara, Govinda Clayton & Siri Aas Rustad, Understanding Ceasefires
• Govinda Clayton, Laurie Nathan & Claudia Wiehler, Ceasefire Success: A Conceptual Framework
• Malin Åkebo, Ceasefire Rationales: A Comparative Study of Ceasefires in the Moro and Communist Conflicts in the Philippines
• Kolby Hanson, Live and Let Live: Explaining Long-term Truces in Separatist Conflicts
• Claudia Wiehler, Deciding on the Tit for the Tat: Decision-Making in the Wake of Ceasefire Violations
• Júlia Palik, Watchdogs of Pause: The Challenges of Ceasefire Monitoring in Yemen
• Margaux Pinaud, Home-Grown Peace: Civil Society Roles in Ceasefire Monitoring
• Alex Waterman, Ceasefires and State Order-Making in Naga Northeast India

Paddeu & Waibel: Necessity 20 Years On: The Limits of Article 25 ARSIWA

Federica Paddeu (Univ. of Cambridge) & Michael Waibel (Univ. of Vienna - Law) have posted Necessity 20 Years On: The Limits of Article 25 ARSIWA (ICSID Review, forthcoming). Here's the abstract:

Investment tribunals have fleshed out the requirements of the defence of necessity in Article 25 of the Articles on State Responsibility. This article considers the impact of necessity in international investment law and in general international law. The decided cases of the early 21st century have revealed three difficulties in Article 25 and in the defence of necessity. First, rather than assessing necessity from the vantage point of the State invoking necessity, they assess it ex post with hindsight bias. Second, the standard of proof required to demonstrate the existence of a grave and imminent peril is infeasible for many situations of risk and uncertainty. Third, the ‘only way’ criterion is not only unduly strict and virtually impossible to prove, but is wholly unrealistic for macro-level crises, such as pandemics or financial crises. To account for these difficulties, tribunals should avoid hindsight bias, especially with respect to ‘grave and imminent peril’ and the ‘only way’ criterion. The defence of necessity is a blunt instrument and has not afforded States a significant ‘safety valve’. As a result, States have begun to reconsider the substantive standards in investment treaties and to include internal exceptions in their investment treaties.

Hirsch: Social Cognitive Studies, Sociological Theory, and International Law

Moshe Hirsch (Hebrew Univ. of Jerusalem - Law) has posted Social Cognitive Studies, Sociological Theory, and International Law (in International Law’s Invisible Frames – Social Cognition and Knowledge Production in International Legal Processes, Andrea Bianchi & Moshe Hirsch eds., forthcoming). Here's the abstract:

The image of international legal decision-makers emerging from socio-cognitive studies is significantly different from the prevalent view among diverse actors operating in this field. The socio-cognitive perspective of international law underlines that sensory objects are not 'objectives' or self-evident, and that their internalization in legal decision-makers' minds always involves intermediating mental processes (such as perception, categorization, and interpretation). Limited cognitive resources available to such decision-makers (including military commanders, national decision-makers, and international adjudicators) often lead them to utilize heuristic shortcuts (though occasionally involving some well-known biases). These cognitive processes and heuristics are frequently influenced by socio-cultural patterns (such as norms of attention, stereotypes, or languages) prevailing in the decision-makers' social groups, and often below their conscious level. The increasing awareness to the constraining influence of default socio-cognitive systems on individuals tends to diminish the significance of human agency in real life social situations. On the theoretical level, the latter tendency in socio-cognitive literature supports a shift towards the structural pole of the agency–structure continuum. The formation, interpretation, and implementation of international law interact with diverse socio-cognitive processes. Equipped with insights drawn from socio-cognitive and sociological theoretical literatures, the last section of this chapter focuses on international criminal law, emphasizing its intensified multi-cognitive character and the significant effects of socio-mental patterns on defendants and additional actors (such as adjudicators and prosecutorial staff). This discussion suggests that where it is credibly proven that the particular crime directly involves a distinctive socio-cognitive pattern predominant in the defendant's community, it is desirable that the tribunal considers the defendant's socio-cognitive background as a mitigating or aggravating factor at the sentencing stage.

New Issue: Korean Journal of International and Comparative Law

The latest issue of the Korean Journal of International and Comparative Law (Vol. 9, no. 1, 2021) is out. Contents include:

• Chie Kojima, Modern Slavery and the Law of the Sea: Proposal for a Functional Approach
• Anastasia Telesetsky, Keeping UNCLOS Relevant: Revising UNCLOS to Address 21st Century Fishing, Labor Practices, Pollution, and Climate Change
• Helmut Tuerk, Some Developments and Issues after the Adoption of UNCLOS
• Dustin Kuan-Hsiung Wang, Fill the Gap between Law and Governance: An Observation on SDG 14
• Chris Whomersley, How to Amend UNCLOS and Why It Has Never Been Done
• Karen N. Scott, MPAs in the Southern Ocean under CCAMLR: Implementing SDG 14.5
• Vasco Becker-Weinberg, The Interpretation and Application of the Freedom of Navigation and Flag State Jurisdiction in the M/V “Norstar” and the M/T “San Padre Pio” Cases
• Anthony Carty, What Use Is Customary International Law?
• Hua Zhang, The Development of International Law of the Sea by International Courts and Tribunals: A Case Study of Due Diligence Obligation

Conference: Investment Law Reform: The View from Asia

On June 14-17, 2021, the Centre for International Law at the National University of Singapore and the U.S. Asia Law Institute at New York University School of Law will host an online conference on "Investment Law Reform: The View from Asia." Program and details are here.

Workshop: The Influence, Legacy and Future of the European Court of Human Rights in the International Legal Order

On June 8, 2021,the ESIL Interest Group on International Courts and Tribunals, in collaboration with the ESIL Interest Group on International Human Rights, will hold an online workshop on "The Influence, Legacy and Future of the European Court of Human Rights in the International Legal Order." The program is here. Registration is here.

Conference: Whither Eastern Asian Liberals? The Aspirations and Anxieties of International Law in Taiwan, Korea, and Japan

On July 4, 2021, the Japan Chapter of the Asian Society of International Law will hold its 12th Annual Conference online on the theme "Whither Eastern Asian Liberals? The Aspirations and Anxieties of International Law in Taiwan, Korea, and Japan." Program and registration are here.

Call for Submissions: Special Issue on "Water Law as Environmental Law" (Chinese Journal of Environmental Law)

The Chinese Journal of Environmental Law has issued a call for submissions for a special issue on "Water Law as Environmental Law." The call is here.

Webinar: SOEs in multilateral trade regulation

On June 11, 2021, the Collegio Carlo Alberto and the Phd school of the University of Turin will host a webinar on "SOEs in multilateral trade regulation." Details are here.

Conference: Legal (Un)Certainty of Occupation: Crimea and Donbas

On June 9-11, 2021, Global Rights Compliance will host a conference on “Legal (Un)Certainty of Occupation: Crimea and Donbas.” Program and details are here.

New Volume: Austrian Review of International and European Law

The latest volume of the Austrian Review of International and European Law (Vol. 24, 2019) is out. Contents include:

• 50 Years Vienna Convention on the Law of Treaties
  • Christina Binder & August Reinisch, 50 Years Vienna Convention on the Law of Treaties’
  • Helmut Tichy, Introductory Remarks
  • Axel Marschik, The Vienna Convention of the Law of Treaties and Karl Zemanek – A Preamble of Sorts
  • Hanspeter Neuhold, The Vienna Convention of the Law of Treaties at 50: Issues at the Vienna Codification Conference
  • Veronika Bílková, Worlds Apart? Interpretation of International Criminal Law and International Human Rights Law Treaties and the VCLT
  • Georg Nolte, Still Setting the Frame: The Vienna Convention’s Rules on Treaty Interpretation in the Light of the ILC Conclusions on Subsequent Agreements and Subsequent Practice
  • Gerhard Hafner, Provisional Application of Treaties
  • Christina Binder, The VCLT over the Last 50 Years: Developments in the Law of Treaties with a Special Focus on the VCLT’s Rules on Treaty Termination
  • Dire Tladi, The ILC’s Draft Conclusions on Peremptory Norms of General International Law: Personal Reflections of the Special Rapporteur
  • Hélène Ruiz Fabri, The Eternal Question of Ius Cogens Running Into Procedural Hurdles

Fontanelli: GATS the way / I like it: WTO Law, Review of EU Legality and Fundamental Rights

Filippo Fontanelli (Univ. of Edinburgh; LUISS) has posted an ESIL Reflection on GATS the way / I like it: WTO Law, Review of EU Legality and Fundamental Rights.

Chehtman: The Use of Force at the International Court of Justice

Alejandro Chehtman (Universidad Torcuato Di Tella - Law) has posted The Use of Force at the International Court of Justice (in The Cambridge Companion to the International Court of Justice, forthcoming). Here's the abstract:

This chapter presents a succinct overview of the main contributions of the International Court of Justice (ICJ) to the use of force. It centrally addresses the opinions on the Court on a number of key issues, such as the prohibition to use force and its potential exceptions, most notably the law on individual and collective self-defence. It further presents some descriptive statistics about how the Court has decided cases in this area, it seeks to identify the main conceptualizations, inconsistencies, disagreements, and limitations of the Court’s opinions, as well as their evolution. It ultimately argues that although the initial influence of the Court was substantial, it has faded significantly over the years as a result of what seems a conscious, even strategic decision of its judges.

Online Discussion: Analyzing Military Necessity

On June 14, 2021, the Institute for International Affairs of the University of Hamburg Faculty of Law will host the third of its "Hamburg Summer Talk Series in International Law." The topic is: "Analyzing Military Necessity." Details are here.