New Issue: Human Rights Law Review

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

• Vladislava Stoyanova, Framing Positive Obligations under the European Convention on Human Rights Law: Mediating between the Abstract and the Concrete
• Antonio Di Marco, Minimum Wages Directive and Beyond: Workers’ Dignity Taken (Almost) Seriously
• Jan Essink, Alberto Quintavalla, & Jeroen Temperman, The Indivisibility of Human Rights: An Empirical Analysis
• Jeremy Letwin, Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights
• Marko Bošnjak & Kacper Zajac, Judicial Activism and Judge-Made Law at the ECtHR
• Jayson S Lamchek, Ensuring Data Science and Its Applications Benefit Humanity: Data Monetization and the Right to Science
• Julie Ada Tchoukou, The Silences of International Human Rights Law: The Need for a UN Treaty on Violence Against Women
• Ulrike Davy, Decolonizing Equality—The Legacies of Anti-Colonial Struggles at International Labour Conferences, 1920–1940
• Tetyana (Tanya) Krupiy & Martin Scheinin, Disability Discrimination in the Digital Realm: How the ICRPD Applies to Artificial Intelligence Decision-Making Processes and Helps in Determining the State of International Human Rights Law
• Lisa Mardikian & Sofia Galani, Protecting the Arctic Indigenous Peoples’ Livelihoods in the Face of Climate Change: The Potential of Regional Human Rights Law and the Law of the Sea
• Winona Kang, Whose Voice?: Female Genital Cutting and the Obscuring Effects of Top-Down Criminalisation

AJIL Unbound Symposium: 150 Years of the Institut de Droit International and the International Law Association

AJIL Unbound has posted a symposium on “150 Years of the Institut de Droit International and the International Law Association.” The symposium includes an introduction by Jeffrey L. Dunoff and contributions by Xiaohang Chen, Sara Dezalay, Georges Abi-Saab, Julia Emtseva, Juan Pablo Scarfi, and Dire Tladi.

Symposium: The Statutory Foreign Affairs Presidency

On October 13, 2023, the University of Pennsylvania Law Review will hold symposium on "The Statutory Foreign Affairs Presidency." Details are here.

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 67, no. 9, October 2023) is out. Contents include:

• Articles
• Glen Biglaiser, Lance Y Hunter, & Ronald J McGauvran, The Double-Edged Sword of Foreign Direct Investment on Domestic Terrorism
• Ana Carolina Garriga & Brian J. Phillipsm, Organized Crime and Foreign Direct Investment: Evidence From Criminal Groups in Mexico
• Meixi Zhuang, Zhengxu Wang, & Xiaoyuan Li, Social Embeddedness and Protest Avoidance: Evidence from China
• Samson Yuen, Tolerant Solidarity With Violent Protesters: Evidence From a Survey Experiment
• Julian Paffrath & Bernd Simon, Dis-Embedded Identity of Majority Members: The Case of Catholics in Poland
• Andreas Juon, Inclusion, Recognition, and Inter-Group Comparisons: The Effects of Power-Sharing Institutions on Grievances
• Data Set Feature
• Michael J. Soules, Recruiting Rebels: Introducing the Rebel Appeals and Incentives Dataset

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 38, no. 3, 2023) is out. Contents include:

• Special Issue: Ocean-based Climate Action and Human Rights
• Elisa Morgera & Mitchell Lennan, Introduction: Applying a Human Rights Lens to the Ocean-Climate Nexus
• Elisa Morgera, Mitchell Lennan, Kati Kulovesi, Giulia La Bianca, Holly J. Niner, Ellycia Harrould-Kolieb, Eugenia Recio Piva, Jeremy Hills, Mara Ntona, Alana Malinde SN Lancaster, Mia Strand, Bernadette Snow, Kira Erwin, Lynne Shannon, Sian Rees, Kieran Hyder, Georg Engelhard, & Kerry Howell, Ocean-based Climate Action and Human Rights Implications under the International Climate Change Regime
• Elisa Morgera, Kirsty McQuaid, Giulia La Bianca, Holly Niner, Lynne Shannon, Mia Strand, Sian Rees, Kerry Howell, Bernadette Snow, Alana Malinde SN Lancaster, & Warwick Sauer, Addressing the Ocean-Climate Nexus in the BBNJ Agreement: Strategic Environmental Assessments, Human Rights and Equity in Ocean Science
• Noreen O’Meara, Human Rights and the Global Plastics Treaty to Protect Health, Ocean Ecosystems and Our Climate
• Julia Nakamura, Julia Cirne Lima Weston, and Mitchell Lennan, International Legal Responses for Protecting Fishers’ Fundamental Rights Impacted by a Changing Ocean
• Sophie Shields, Andrea Longo, Mia Strand, & Elisa Morgera, Children’s Human Right to Be Heard at the Ocean-climate Nexus
• Lianne P. Baars, The Salience of Salt Water: An ITLOS Advisory Opinion at the Ocean-Climate Nexus

Gandhi Research Seminar Series 2023/24

Global Law at Reading has announced the speakers for the Gandhi Research Seminar Series 2023/24. The schedule is here. Two of the seminars in the Autumn term will take place in-person, and one will take place online (there will be no hybrid option). Here's the autumn schedule:

• October 10, 2023: Pål Wrange (Univ. of Stockholm), "Why we need sovereignty in ‘cyberspace’, and what is problematic about it"
• November 9, 2023: Christine Schwobel-Patel (Univ. of Warwick), "Legal Pipelines of the Green Transition: Frontiers of Extractivism"
• November 29, 2023: Aoife O’Donoghue (Queen’s Univ. Belfast), "Tyrannicide: What's Love got to do with it?" (link to join)

Call for Papers: Workshop on Race and International Relations

The International Race and Rights Lab at the University of Notre Dame has issued a call for papers for its second workshop on "Race and International Relations," to take place May 24, 2024. The call is here.

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 22, nos. 3-4, October 2023) is out. Contents include:

• Special Issue: Trade Policy, Openness, and Development in Honour of L. Alan Winters
• Ingo Borchert & Bernard Hoekman, Trade Policy, Openness, and Development: Essays in Honour of L. Alan Winters
• Richard Baldwin & Rikard Forslid, Globotics and Development: When Manufacturing Is Jobless and Services Are Tradeable
• Adrian Wood, Land Abundance, Openness, and Industrialization
• Alasdair Smith & Adrian Wood, Theoretical Underpinnings of ‘Land Abundance, Openness, and Industrialization’: How Openness Affects Output Elasticities in a 2 × 2 HOS Model with Product Differentiation
• Xavier Cirera, Diego Comin, Marcio Cruz, Kyung Min Lee, & Antonio Martins-Neto, Exporting and Technology Adoption in Brazil
• Maurice Schiff & Yanling Wang, North–South Trade-Related Technology Diffusion and the East Asia–Latin America Productivity Gap
• Pierre Jacquet, Revisiting Knowledge-for-Development
• Douglas A. Irwin, The Bank, the Fund, and the GATT: Which Institution Most Supported Developing-Country Trade Reform?
• Kym Anderson, Erwin Corong, Anna Strutt, & Ernesto Valenzuela, The Relative Importance of Global Agricultural Subsidies and Tariffs, Revisited
• Will Martin, Border Carbon Adjustments: Should Production or Consumption be Taxed?
• Ilona Elzbieta Serwicka, Geoffrey Chapman, & Bradley Tyler, The Economic Interest Test in UK Trade Remedy Investigations
• Julien Gourdon, Karin Gourdon, & Jaime de Melo, A (More) Systematic Exploration of the Trade Effect of Product-Specific Rules of Origin
• Yohannes Ayele, Michael Gasiorek, & Manuel Tong Koecklin, Trade Preference Utilization Post-Brexit: The Role of Rules of Origin
• Pierluigi Montalbano, Silvia Nenci, & Ilaria Fusacchia, The Indirect Effects of Brexit on African, Caribbean, and Pacific Trade with the UK and EU
• Joseph F. François, Bernard Hoekman, & Douglas R. Nelson, Trade and Sustainable Development: Non-Economic Objectives in the Theory of Economic Policy
• Robert Wolfe, Is Using Trade Policy for Foreign Policy a ‘SNO Job’? On Linkage, Friend-Shoring, and the Challenges for Multilateralism
• Emily Lydgate, Climate Equivalence and International Trade
• Jacques Pelkmans, Lowering Regulatory Trade Costs

Conference: Resort to international advisory proceedings

On October 20, 2023, the Lauterpacht Centre for International Law will hold a conference on "Resort to international advisory proceedings." Details are here.

Special Issue: Transboundary Waters: The Río Silala & the International Court of Justice

The current issue of the Wyoming Law Review (Vol. 23, no. 2, 2023) is a special issue on "Transboundary Waters: The Río Silala & the International Court of Justice." The table of contents is here. All contributions are open access.

Call for Papers: Common Interests and Common Spaces: Institutional Approaches to Dispute Settlement

The Grotius Centre for International Legal Studies has issued a call for papers for a workshop on "Common Interests and Common Spaces: Institutional Approaches to Dispute Settlement," to take place December 13, 2023, in The Hague. The call is here.

van den Boogaard: Proportionality in International Humanitarian Law: Refocusing the Balance in Practice

Jeroen van den Boogaard has published Proportionality in International Humanitarian Law: Refocusing the Balance in Practice (Cambridge Univ. Press 2023). Here's the abstract:

This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict. It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.

Meyer: Copernican Revolution or Green Protectionism?

Timothy Meyer (Duke Univ. - Law) has posted Copernican Revolution or Green Protectionism? (in The Sustainability Revolution in International Trade Agreements, Kathleen Claussen & Geraldo Vidigal eds, forthcoming). Here's the abstract:

Contemporary trade agreements include an ever-expanding set of environmental and sustainability commitments which, if violated, can lead to the imposition of trade barriers. Likewise, the world’s leading developed economies have begun rolling out green trade barriers in the form of product bans, border adjustments, and discriminatory subsidies. This chapter argues that the growth of sustainable trade policies reflects two phenomenon. First, it reflects the ordinary historical ebb and flow of unilateralism and multilateralism. While at some points in history multilateral institutions have taken the lead in shaping trade policy, at other times unilateralism has played a more important role. We are in the latter moment, but that does not mean that the former’s time has passed. Second, like all policies, green trade policies usually pursue multiple objectives. The fact that green trade policies often have mixed motives means that assessing their effects through a Puritan lens is a fool’s errand. The quest nations are on today is not for trade policies that promote sustainability in the least trade restrictive way possible. Instead, they are looking for policies that can generate the political support to address urgent environmental crises while still promoting economic growth.

Part I describes the growth of environmental provisions within trade agreements themselves, and compares that trend to the growth of domestic trade measures designed to address environmental problems in ways that arguably violate international trade agreements. Part II argues that, at least in the short term, this second kind of measures is likely to be more influential than trade and sustainability (TSD) provisions in trade agreements. This influence occurs in large part by shaping subsequent multilateral negotiations, as well as the implementation and interpretation of existing multilateral provisions. Part III argues that trade agreements and unilateral measures that raise (or authorize raising) trade barriers to tackle environmental problems are a key ingredient of addressing environmental problems and ultimately of preserving the system of liberalized trade.

Conference: Development of the Law of the Sea and the Emerging Challenges: A Tribute to Harry N. Scheiber

On Sepember 13-14, 2023, the University of California Berkeley School of Law will host a conference, with Zoom availability, on "Development of the Law of the Sea and the Emerging Challenges: A Tribute to Harry N. Scheiber." Details are here.

Bradlow: The Law of International Financial Institutions

Daniel D. Bradlow (Pretoria Univ.) has published The Law of International Financial Institutions (Oxford Univ. Press 2023). Here's the abstract:

In this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens.

The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.

Gascoigne: Causation in the Law of the World Trade Organization: An Econometric Approach

Catherine Gascoigne (Macquarie Univ. - Law) has published Causation in the Law of the World Trade Organization: An Econometric Approach (Cambridge Univ. Press 2023). Here's the abstract:

Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 106, no. 3, 2023) is out. Contents include:

• Articoli
• Natalino Ronzitti, La pretesa rilevanza dell'eccezione umanitaria alla norma sull'esenzione dei beni degli Stati esteri dalla giurisdizione esecutica
• Roger O'Keefe, State Immunity from Measures of Constraint: The State Interests Protected
• Raffaella Nigro, If fondo ristori italiano alla luce dei "rimedi alternativi" all'immunità degli Stati esteri dalla giurisdizione esecutiva
• Antonio Leandrom State Immunity from Execution of Foreign Judgments: Making Sense of Jurisdictional Issues in the Requested State
• Note e Commenti
• Aurora Rasi, L'adozione da parte di un'organizzazione internazionale della condotta dei suoi Stati membri: il caso dell'assistenza militare fornita dall'Unione Europea all'Ucraina
• Gabriele Della Morte, I mandati di arresto della Corte penale internazionale nei confronti del Presidente della Federazione russa e del Commissario per i diritti dei fanciulli

Call for Papers: Current Research on the Human Right to Science

The Chair for Public International and European Law at the University of Fribourg has issued a call for papers for a doctoral colloquium on “Current Research on the Human Right to Science,” to be held September 6-7, 2024, in Fribourg. The call is here.

New Issue: International Environmental Agreements: Politics, Law and Economics

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 23, no. 3, September 2023) is out. Contents include:

• Katharina Rietig, Christine Peringer, Sarina Theys & Jecel Censoro, Unanimity or standing aside? Reinterpreting consensus in United Nations Framework Convention on Climate Change negotiations
• Thomas Gehring & Linda Spielmann, The treaty management organization established under the UNFCCC and the Paris Agreement: an international actor in its own right?
• Deborah Barros Leal Farias, Country differentiation in the global environmental context: Who is ‘developing’ and according to what?
• Ceecee HolzGuy Cunliffe & Harald Winkler, Tempering and enabling ambition: how equity is considered in domestic processes preparing NDCs
• Benoit Mayer, Progression requirements applicable to state action on climate change mitigation under Nationally Determined Contributions
• Xiaobin Pan & Bowen Yang, Reality and perfection of China’s addressing climate change legislation in post-Paris Agreement era
• Imad Antoine Ibrahim & Jonathan Lautze, How best to incorporate conjunctive water management into international water law: legal amendment, instrument coupling, or new protocol adoption?
• Hao Shen, A critical assessment of the International Seabed Authority’s implementation of the Common Heritage of Mankind principle from the perspective of benefit-sharing regime
• Wenting Cheng, The green investment principles: from a nodal governance perspective

New Issue: Journal du Droit International

The latest issue of the Journal du Droit International ("Clunet") (Vol. 150, no. 3, Juillet-Août-Septembre 2023) is out. Contents include:

• Doctrine
• Sylvette Guillemard, Regard québécois sur le projet de Code de droit international privé français
• Djoleen Moya, Vers une redéfinition de l'office du juge en matière de règles de conflit de lois ?
• Variétés
• Sara Tonolo, Les actes de naissance étrangers devant la Cour européenne des droits de l’homme (à propos de l’affaire Valdís Fjölnisdóttir et autres c/ Islande)

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 14, no. 3, September 2023) is out. Contents include:

• Editorial
• Jean d’Aspremont, Affects, Emotions, and the Cartesian Epistemology of International Law
• Articles
• Fuad Zarbiyev, Cutting off the King’s Head: Rethinking Authority in International Law
• Kyra Wigard, Ori Pomson, & Juliette McIntyre, Keeping score: an empirical analysis of the interventions in Ukraine v Russia
• Georgia Antonopoulou, The ‘Arbitralization’ of Courts: The Role of International Commercial Arbitration in the Establishment and the Procedural Design of International Commercial Courts
• Tensin Studer, Environmental accountability: a case for international conciliation?
• Current Developments
• Pranav Ganesan & Laia Roxane Guardiola, The ICJ judgment on Nicaragua v Colombia (2022): applying an established jurisdictional test or a problematic invention?
• Monica Feria-Tinta, On the request for an advisory opinion on climate change under UNCLOS before the International Tribunal for the Law of the Sea
• Julia Richter, The two problem pillars of multiple proceedings in investment arbitration: why the abuse of process doctrine is a necessary remedy and requires focus in UNCITRAL’s ISDS reform

Call for Papers: The Borderlands of Criminal Law Conference

The Transnational Criminal Law Review and the University of Windsor Faculty of Law have issued a call for papers for the first Transnational Criminal Law Review Conference, to take place June 20-21, 2024. The topic is: "The Borderlands of Criminal Law Conference." The call is here.

Call for Submissions: The evolving role of international judicial advisory opinions

The International Community Law Review has issued a call for submissions for a special issue on "The evolving role of international judicial advisory opinions." The call is here.

Besson: Due Diligence in International Law

Samantha Besson (Collège de France) has published Due Diligence in International Law (Brill | Nijhoff 2023). Here's the abstract:

Since the concept of due diligence first appeared in arbitral decisions at the end of the nineteenth century, its success in international law has been growing steadily. Yet its nature, sources and regime remain indeterminate in many ways. In response to the objections currently raised against it, this book provides a critical analysis of the practice of due diligence in international law. Its aim is to determine whether a principle, standard and/or obligation of due diligence does indeed exist under general international law; to identify what could constitute its normative structure, foundation and general regime; to establish the conditions, content and modalities of implementation of international responsibility for negligence; and, finally, to examine the specificities of due diligence in special regimes of international law, such as international environmental law, international cybersecurity law and international human rights law. More generally, the book also examines the reasons for due diligence’s “renaissance” in international law’s recent history and explains what this revival says about the state of the international legal and institutional order and the possibilities for its reform.

Conference: 2023 ILA-ASIL Asia-Pacific Research Forum

The 2023 ILA-ASIL Asia-Pacific Research Forum will be held December 3-4 in Taipei and hosted by the Research Center for International Legal Studies of National Chengchi University and the Chinese (Taiwan) Society of International Law. The theme is: "Indo-Pacific Strategies and International Law." The program is here. Registration is here.