International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations.
By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
The latest issue of the Nordic Journal of Human Rights (Vol. 41, no. 1, 2023) is out. Contents include:
The article deals with the applicability of apartheid in occupied territory. Rather than assessing whether in specific situation of an occupation an occupying power has established an apartheid regime, the article discusses whether there is anything in the law of occupation or in the international regulation of apartheid that makes them mutually exclusive. On the basis of international human rights law, international criminal law, and international humanitarian law considerations, it is argued that apartheid can be applied to occupied territory following the ordinary rules for the application of international human rights law and international criminal law in occupied territory. Accordingly, international law does not bar the application of apartheid in occupied territory, but rather, the law of occupation and apartheid coincide to strengthen the protection of civilians in occupied territories.
The latest issue of the European Journal of International Relations (Vol. 29, no. 2, June 2023) is out. Contents include:
The latest issue of the Chinese Journal of International Law (Vol. 22, no. 1, March 2023) is out. Contents include:
This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges.
Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law.
The latest issue of the International Journal of Transitional Justice (Vol. 17, no. 1, March 2023) is out. Contents include:
The latest issue of the International Journal of Marine and Coastal Law (Vol. 38, no. 2, 2023) is out. Contents include:
Presenting a thorough examination of intelligence activities in international law, Sophie Duroy provides theoretical and empirical justifications to support the cutting-edge claim that states’ compliance with international law in intelligence matters serves their national security interests. This book theorises the regulation of intelligence activities under international law, identifying three layers of regulation: a clear legal framework governing intelligence activities (legality); a capacity to enforce state responsibility (accountability); and the integration of legality and accountability into responsive regulation by the international legal order (compliance).
Die zweibändige Festschrift zu Ehren von Professor Gilbert Gornig feiert das Lebenswerk eines herausragenden Rechtswissenschaftlers und Menschen. Als Wissenschaftler hat er Beeindruckendes geleistet und wirkt nach wie vor beispielgebend, nicht zuletzt für den akademischen Nachwuchs. Als Mensch überzeugt er durch Humanität und seine Fähigkeit zur Empathie. Beide Bände der Festschrift spiegeln die Vielzahl an Rechtsgebieten wider, in welchen der Jubilar wirkte und wirkt. Dazu zählt vor allem das Minderheitenrecht, aber auch das Völkerrecht, das Europarecht sowie das deutsche Recht im Allgemeinen.
New technologies in warfare are met by new technologies in recording atrocities. As a result, a new kind of atrocity archive is created where analogue records of atrocity are joined by digital and open source records. These atrocity archives are found at international courts, human rights commissions and where digital records such as satellite imagery and social media data are used to evidence international crimes and human rights violations. They can also be found at older truth commissions and the legacy institutions for former international(ised) tribunals where analogue archives are digitised for the purpose of preservation and dissemination. We welcome papers that examine forms of archiving or archives in the context of international conflict or international justice. Submit abstracts for papers via this link by 4 September. Please also notify one of the stream convenors via email (Maria Elander: m.elander@latrobe.edu.au; and Valeria Vázquez Guevara: vvg1@hku.hk). More information about the conference can be found here.
The Newport Manual on the Law of Naval Warfare is the first effort to restate the law of naval warfare as a purely lex lata exercise since 1955. It is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual also factors in the developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea.
The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation.
Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea. It discusses the law of maritime delimitation and, through jurisprudence, the development of the three-stage methodology to describe and explain maritime delimitation agreements in Latin America and the Caribbean according to the method or methods of delimitation employed. It reviews maritime boundaries in Latin America and the Caribbean that were submitted to third-party adjudication as well as provisional arrangements, considering the role of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation.
The latest issue of the Journal of International Arbitration (Vol. 40, no. 3, 2023) is out. Contents include:
