New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 28, no. 2, Summer 2023) is out. Contents include:

• Carrie McDougall, The Imperative of Prosecuting Crimes of Aggression Committed against Ukraine
• Raphaël van Steenberghe, Military Assistance to Ukraine: Enquiring the Need for Any Legal Justification under International Law
• Zelalem Mogessie Teferra, Regulating a ‘state of exception’ in Times of War: The Legal Regime Applicable to Derogation in Situations of Armed Conflict
• Damian Copeland, Rain Liivoja, & Lauren Sanders, The Utility of Weapons Reviews in Addressing Concerns Raised by Autonomous Weapon Systems
• Alexander Gilder, The UN and the Protection of Civilians: Sustaining the Momentum
• Ori Pomson, ‘Objects’? The Legal Status of Computer Data under International Humanitarian Law
• Daniele Musmeci, Taking Stock: Assessing the Current Status and Evolution of the United Nations Security Council’s Legislative Resolutions

Živković: Fair and Equitable Treatment and the Rule of Law

Velimir Živković (Univ. of Warwick - Law) has published Fair and Equitable Treatment and the Rule of Law (Edward Elgar Publishing 2023). Here's the abstract:

By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.

Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development.

Strecker & Powderly: Heritage Destruction, Human Rights and International Law

Amy Strecker (Univ. College Dublin - Law) & Joseph Powderly (Leiden Univ. - Law) have published Heritage Destruction, Human Rights and International Law (Brill | Nijhoff 2023). The table of contents is here. Here’s the abstract:

This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.

New Volume: Hague Yearbook of International Law

The latest volume of the Hague Yearbook of International Law (Vol. 34, 2021) is out. Contents include:

• Neil Nucup, Reviving the Doctrine of International Legal Personality: International Courts and Tribunals as De Jure and De Facto Legal Persons in International Law
• Aniruddha Rajput, Investment Arbitration as a Forum for Enforcement of Commercial Arbitration Awards
• Bethany Gamble, Margin of Appreciation: A Model for Immigration Reform in the United States during COVID-19
• Maeve Claffey, Procedural Safeguards in the ILC Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction: A Pathway to Better Outcomes
• Alejandro Ortega Navarro, The Role of Domestic Courts in the Prosecution of International Crimes: Why Functional Immunity of Foreign State Officials Is Not an Obstacle to the Jurisdiction of National Courts
• Jana Kreulach, Closing the Preliminary Examination in Colombia Should Not Mean Closing the Eyes: Why the Jurisdicción Especial para la Paz Still Faces Challenges in Interpreting ‘Command Responsibility’ in Accordance with the Rome Statute
• Jure Vidmar, The CJEU’s Reasoning in Slovenia v Croatia: A Dispute Ancillary to Another Dispute, but Which One?
• Andrés H. Cáceres-Solari, The Gambia vs The Union of Myanmar under the Genocide Convention: A Case Doomed to Fail

New Issue: Journal of World Trade

The latest issue of the Journal of World Trade (Vol. 57, no. 3, 2023) is out. Contents include:

• Qiang Ren & Jing Du, The UK Ban of TikTok: Legality and Interplay With International Trade Law
• Collins C. Ajibo, AfCFTA and Regional Value Chain Development: Confronting the Barriers and Changing the Orthodoxy
• Ariel Reich & Guy Harpaz, Israeli-Palestinian Trade Relations Before the Israeli Supreme Court: The Case for an FTA
• Salman Kimiagari & Nikoo Ghaffari, The Paradoxical Roles of State-Ownership in EMNE Internationalization: OFDI Case
• Jayems Dhingra, Remedy for Trademark Infringing Domain Names and Counterfeits
• Madina Abaidullayeva, Gulzhakhan Khajiyeva, Madina Karimova, Akimzhan Arupov, & Dilnara Zakirova, Trade and Economic ‘Wars’ Between the USA and Russia, the Consequences for the Economy of Kazakhstan
• Vít Hinčica, Hana Řezanková, & Kristián Keder, Trade Facilitation Agreement’s Impact on the Business Sector After Five Years of Its Validity: Evidence from Czech Companies

Yu: Dispute Settlement and the Reform of International Investment Law: Legalization through Adjudication

Chen Yu (National Univ. of Singapore) has published Dispute Settlement and the Reform of International Investment Law: Legalization through Adjudication (Edward Elgar Publishing 2023). Here's the abstract:

The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime.

Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both “institutional” and “internal” limitations. Chapters investigate the notion of legalization in the context of international investment law, the limitations of adjudicative bodies in advancing the legitimacy of international law, and the relationship between the level of shared understandings and choices of institutionalization. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court.

Eichensehr & Hathaway: Major Questions about International Agreements

Kristen Eichensehr (Univ. of Virginia - Law) & Oona A. Hathaway (Yale Univ. - Law) have posted Major Questions about International Agreements (University of Pennsylvania Law Review, forthcoming). Here's the abstract:

The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory authority for numerous regulations. Some justices have suggested that they want to go further and reinvigorate the non-delegation doctrine as a constitutional limit on Congress’s authority to delegate power to the executive branch. This Article is the first to consider how these developments might put at risk the United States’ international commitments.

The Article first identifies the role of congressional delegations to the executive branch with respect to the formation and implementation of ex ante congressional-executive agreements, executive agreements pursuant to treaties, sole executive agreements, and non-binding agreements, and it explains how the Supreme Court’s recent decisions might spark challenges to the agreements themselves or to the executive’s authority to implement them.

Turning from the diagnostic to the prescriptive, the Article takes the Supreme Court’s recent cases as a given (problematic though they are) and argues that delegations involving international agreements differ from purely domestically focused delegations in material ways that counsel against applying the major questions doctrine or non-delegation doctrines to them. In particular, the existence of foreign state counterparties with whom the executive must negotiate means that Congress cannot simply direct the executive branch on international agreements with the same specificity that it can in domestically focused legislation. Moreover, declaring an existing international agreement or its implementing legislation invalid based on a domestic statutory interpretation doctrine risks causing the United States to violate international law, as well as suffer harm to its reputation as a reliable agreement partner. Treating international agreement-related delegations identically to domestically focused ones would also run counter to long-standing historical gloss from the Supreme Court itself that treats foreign relations-related issues in exceptional ways.

After arguing against using the major questions and non-delegation doctrines to police delegations related to international agreements, the Article proposes steps that the courts, Congress, and the executive branch can each take to ensure that existing and future international agreements are well-grounded in constitutional and statutory law.

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 29, no. 3, September 2023) is out. Contents include:

• Italo Brandimarte, Breathless war: martial bodies, aerial experiences and the atmospheres of empire
• Meera Sabaratnam, Bring up the bodies: international order, empire, and re-thinking the Great War (1914–1918) from below
• Ty Solomon, Up in the air: Ritualized atmospheres and the global Black Lives Matter movement
• Hyeran Jo & Joowon Yi, When do rebels sign agreements with the United Nations? An investigation into the politics of international humanitarian engagement
• Anna Finiguerra, A boat’s afterlife: multiple translations of migratory debris
• Alexandria Innes, Accounting for inequalities: divided selves and divided states in International Relations
• Jonna Nyman, Towards a global security studies: what can looking at China tell us about the concept of security?
• Kira Huju, The cosmopolitan standard of civilization: a reflexive sociology of elite belonging among Indian diplomats
• Deepak Nair, Populists in the shadow of great power competition: Duterte, Sukarno, and Sihanouk in comparative perspective
• Caroline Fehl, Protect and punish: norm linkage and international responses to mass atrocities
• Stefano Palestini & Erica Martinelli, Enforcing peoples’ right to democracy: transnational activism and regional powers in contemporary Inter-American relations

Cordonier Segger, Wardell, & Harrington: CITES as a Tool for Sustainable Development

Marie-Claire Cordonier Segger (Univ. of Cambridge; Univ. of Waterloo), David Andrew Wardell (Center for International Forestry Research), & Alexandra Harrington (Albany Law School) have published CITES as a Tool for Sustainable Development (Cambridge Univ. Press 2023). The table of contents is here. Here's the abstract:

Saving endangered species presents a critical and increasingly pressing challenge for conservation and sustainability movements, and is also matter of survival and livelihoods for the world's poorest and vulnerable communities. In 1973, a global Convention on International Trade in Endangered Species (CITES) was adopted to stem the extinction of many species. In 2015, as part of the Sustainable Development Goals (SDG 15) the United Nations called for urgent action to protect endangered species and their natural habitats. This volume focuses on the legal implementation of CITES to achieve the global SDGs. Activating interdisciplinary analysis and case studies across jurisdictions, the contributors analyse the potential for CITES to promote more sustainable development, proposing international and national regulatory innovations for implementing CITES. They consider recent innovations and key intervention points along flora and fauna value chains, advancing coherent recommendations to strengthen CITES implementation, including through the regulation of trade in endangered species globally and locally.

Damjanovic: The European Union and International Investment Law Reform: Between Aspirations and Reality

Ivana Damjanovic has published The European Union and International Investment Law Reform: Between Aspirations and Reality (Cambridge Univ. Press 2023). Here's the abstract:

In order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.

New Issue: Michigan Journal of International Law

The latest issue of the Michigan Journal of International Law (Vol. 44, no. 3, 2023) is out. Contents include:

• Matthew Gillett, Fact-Finding without Rules: Habermas's Communicative Rationality as a Framework for Judicial Assessments of Digital Open-Source Information
• Susan Franck, Reforming World Bank Dispute Resolution: ICSID in Context

New Issue: International Peacekeeping

The latest issue of International Peacekeeping (Vol. 30, no. 3, 2023) is out. Contents include:

• Angela Muvumba Sellström, At the Watchtower: Africa and the UN Security Council’s Elected Ten (E10)
• Suzanne Graham, A Review of South Africa’s Terms in the United Nations Security Council
• Malte Brosig, More Than Just Productive? Evaluating Germany’s Term at the UN Security Council 2019–2020
• Issaka K. Souaré, Overcoming ‘Smallness’: Niger as an Elected Member of the UN Security Council, 2020–2022
• Kjell Engelbrekt, Sweden’s 2017–18 UNSC Formula: Mobilizing the MFA’s Competitive Advantages, Highlighting Africa, and Boosting the E10
• Mohammed D. Cherkaoui, Small States’ Pursuit of Impact at the UN Security Council: The Case of Tunisia 2020–2021

Chinen: The International Governance of Artificial Intelligence

Mark Chinen (Seattle Univ. - Law) has published The International Governance of Artificial Intelligence (Edward Elgar Publishing 2023). Here's the abstract:

This timely book investigates emerging efforts to govern artificial intelligence (AI) at an international level. It emphasizes the complex interactions involved when creating international norms related to potential and current developments in AI regulation.

Organized into four parts, The International Governance of Artificial Intelligence demonstrates how formal and informal standards for AI are emerging from stakeholder interactions. With the objective of describing a nascent transnational law on AI use, chapters survey the various global realities that affect AI governance, concluding that AI law should ultimately be evaluated against the measure of international human rights.

New Issue: Journal of International Wildlife Law & Policy

The latest issue of the Journal of International Wildlife Law & Policy (Vol. 26, no. 1, 2023) is out. Contents include:

• Willem D Lubbe, Reece C Alberts, JA Robinson, Ian Rushworth, SA Jeanetta Selier, Li Tanneback & Sam M Ferreira, ‘Could Culling of Elephants be Considered Inhumane and Illegal in South African Law?’: A Response and Further Thoughts
• Caroline Cox & Luke Hauser, Ice Ivory to White Gold: Links Between the Illegal Ivory Trade and the Trade in Geocultural Artifacts
• Christopher Serenari & Elena C. Rubino, Legitimacy and Wildlife Disease: Should Chronic Wasting Disease be Managed without Government?

Conference: Legally Undeniable: Criminalising Genocide Denial

On October 19-21, 2023, the International Nuremberg Principles Academy will hold Nuremberg Forum 2023 on the topic "Legally Undeniable: Criminalising Genocide Denial." Details are here.

Focarelli: Human Society and International Law: Reflections on the Present and Future of International Law

Carlo Focarelli has published Human Society and International Law: Reflections on the Present and Future of International Law (Wolters Kluwer 2023). The table of contents is here. Here's the abstract:

Where is international law headed for? Should it rather head elsewhere, and why? These are the questions that the ten contributors to this first Special Volume in the Series Convivenza umana e diritto internazionale – Human Society and International Law have been asked to address, each one within their main area of expertise. The ten topics elected by the authors – all members of the Editorial Board of the new Series – make the three parts of this Volume, respectively on the making of international law (with chapters on the sources of international law; the principle of acquiescence; the codification of the right to development; and the legal status and transformative potential of the SDGs); the implementation of international law (with chapters on international custom and the traditionality of international law; the localising of international law; and the constitutional im- port of the SDGs); and the analysis of international law (with chapters on populism and the integrity of international law; the past, present and future of international law’s teaching; and the demands placed on legal analysis by the present climate crisis). As the questions posed to the contributors and the Volume’s subtitle suggest, this work was designed to encourage a reflection, by prominent scholars, on the dynamics of international law across a sample of key topics, mindful of the legal framework as a whole, and its trajectories over time.

New Issue: Asian Journal of International Law

The latest issue of the Asian Journal of International Law (Vol. 13, no. 2, July 2023) is out. Contents include:

• Notes and Comments
• Ramona Vijeyarasa, Flamer-Caldera v Sri Lanka: Asia-Wide Implications of an Essential Evolution in CEDAW's Jurisprudence
• Articles
• Natasha Emma Yacoub, A New History of Refugee Protection in Post-World War Two Southeast Asia: Lessons from the Global South
• Andrea Marilyn Pragashini Immanuel, The Customary Obligation to Avoid, Reduce, or Prevent Statelessness in South Asia
• Stephen Young, Contesting Subjects: International Legal Discourses on Terrorism and Indigenous Peoples’ Human Rights
• Pavel Doubek, Implementation of the Convention against Torture in Taiwan: Filling the Gap in the International Struggle against Torture?
• Yilin Wang, Locating TWAIL Scholarship in China
• Select Data as Assets in Foreign Direct Investment: Is China's National Data Governance Compatible with its International Investment Agreements? Cheng Bian, Data as Assets in Foreign Direct Investment: Is China's National Data Governance Compatible with its International Investment Agreements?
• Christopher P. Evans, Examining the Scope of Nuclear Weapons-Related Activities Covered under the Environmental Remediation Obligation of the Treaty on the Prohibition of Nuclear Weapons

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 45, no. 3, August 2023) is out. Contents include:

• Chidi Anselm Odinkalu, Advice without Consent?: Assessing the Advisory Jurisdiction of the African Court on Human and Peoples’ Rights
• Jamie J. Hagen & Catherine O’Rourke, Forum-Shifting and Human Rights: Prospects for Queering the Women, Peace and Security Agenda
• Nsongurua Udombana, Much Ado about Something: Re-thinking the Right to Development
• Kathryn L. Overton & Sally Sharif, Agents with Principles? Preventing Conflict-Related Sexual Violence with Human Rights Laws and Norms
• Richard P. Hiskes, The Image of a Lesser God: Imago Dei and the Human Rights of Children

AJIL Unbound Symposium: UN Recognition of the Human Right to a Healthy Environment

AJIL Unbound has posted a symposium on “UN Recognition of the Human Right to a Healthy Environment.” The symposium includes an introduction by John H. Knox and contributions by Philip Alston, Carmen G. Gonzalez, Hélène Tigroudja, Maria Antonia Tigre, Rosemary Mwanza, and Louis J. Kotzé.

New Issue: International & Comparative Law Quarterly

The latest issue of the International & Comparative Law Quarterly (Vol. 72, no. 3, July 2023) is out. Contents include:

• Articles
• Catherine Redgwell & Antonios Tzanakopoulos, The Interaction of Treaty and Custom in the Concept of Offshore Archipelagos
• Victor Crochet & Weihuan Zhou, Preventing The Anti-Circumvention Instrument From Undermining Development Through Investment
• Samvel Varvastian, The Role of Courts in Plastic Pollution Governance
• Rossana Deplano, Inclusive Space Law: The Concept of Benefit Sharing in the Outer Space Treaty
• Laura Kaschny & Saskia Lavrijssen, The Independence of National Regulatory Authorities and the European Union Energy Transition
• Uta Kohl, The Right to Be Forgotten in Data Protection Law and Two Western Cultures of Privacy
• Shorter Articles
• Kaisa Huhta & Leonie Reins, Solidarity in European Union Law and Its Application in the Energy Sector
• Nikolas Feith Tan & Meltem Ineli-Ciger, Group-Based Protection of Afghan Women and Girls Under the 1951 Refugee Convention
• Daniel Franchini, State Immunity and Third-Party Limits on the Jurisdiction of Domestic Courts

New Issue: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre

The latest issue of the Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre (Vol. 61, no. 1, 2023) is out. Contents include:

• Yunus Emre Gül, The application of the principle of precautions to cyber operations
• Martin Fink, Challenges of applying the law of naval warfare in non-international armed conflict at sea
• Brendan Walker-Munro, Autonomous systems, superior orders and manifest unlawfulness: is there a duty to disobey?
• Giulia Pinzauti, Belligerent occupation or creeping annexation? Identifying the red flags

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 100, 2023) is out. Contents include:

• Third-party participation in international adjudication: recent trends and ongoing issues
• Introduced by Gian Maria Farnelli and Alessandra Sardu
• Brian McGarry, A Rush to Judgment? The Wobbly Bridge from Judicial Standing to Intervention in ICJ Proceedings
• Caterina Milo, What is Good for the Administration of Justice? Considerations in Light of the Practice on Third-Party Participation
• Niccolò Ridi, What are amicus interventions for? Some provocations on non-disputing party submissions in international investment arbitration
• Ludovica Chiussi Curzi, Third parties before the European Court of Human Rights: Addressing Limits, Unfolding Potentials

New Issue: Archiv des Völkerrechts

The latest issue of Archiv des Völkerrechts (Vol. 61, no. 1, 2023) is out. Contents include:

• Essay
• Christine Schwöbel-Patel, Zwanzig Jahre Völkerstrafgesetzbuch Deutsches Völkerstrafrecht und (dessen) Kolonialität
• Jerzy Kranz, Reparationen: Inwieweit ist die Vergangenheit reparierbar?
• Abhandlungen
• Romy Klimke, Ist das EU-Außenwirtschaftsrecht gender-blind?
• Andrea Cocchini, The Second Additional Protocol to the Convention on Cybercrime: Strengthening international cooperation or endangering fundamental rights?
• Beiträge und Berichte
• Manuel Brunner Die Guten Dienste des Generalsekretärs der Vereinten Nationen in Konflikten im Nahen Osten

New Issue: The Law and Practice of International Courts and Tribunals

The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 22, no. 2, 2023) is out. Contents include:

• Symposium: Public Interest Litigation at the International Court of Justice
• Cecily Rose, Introduction
• Jane A. Hofbauer, Not Just a Participation Trophy? Advancing Public Interests through Advisory Opinions at the International Court of Justice
• Brian McGarry, Obligations Erga Omnes (Partes) and the Participation of Third States in Inter-State Litigation
• Nataša Nedeski, Tom Sparks, & Gleider Hernández, The World Is Burning, Urgently and Irreparably – a Plea for Interim Protection against Climatic Change at the ICJ
• Articles
• Ivo Tarik de Vries-Zou, An Innovation in the Test for Material Jurisdiction under Certain Compromissory Clauses
• Janneke Gerards, Moving Away from Open Judicial Balancing Review: The European Court of Human Rights’ Approach as Illustrated by Its Case Law Relevant to the Covid-19 Pandemic
• Patrick Dumberry, “Cross Treaty Interpretation” en bloc or How CAFTA-DR Tribunals Are Systematically Interpreting the FET Standard Based on NAFTA Case Law
• Giorgio Sacerdoti, Adjudication of International Trade Disputes: From Success to Crisis. What’s Next?

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 23, no. 3, 2023) is out. Contents include:

• Special Issue: Power and Brokerage in International Criminal Justice
• Mikkel Jarle Christensen & Nabil M. Orina, Power and Brokerage in International Criminal Justice
• Kyra Wigard, Matter of Opinion: Assessing the Role of Individual Judicial Opinions at the International Criminal Court
• Nicola Palmer & Tomas Hamilton, Legal Humility and Perceptions of Power in International Criminal Justice
• Zuzanna Godzimirska & Nabil M. Orina, Scapegoats and Underdogs: Narrative Control and Defence Positioning within and Beyond the International Criminal Court
• Mikkel Jarle Christensen, Capital and Brokerage in International Criminal Justice: Elite Power in and at the Border of the Field