This paper discusses the obligation of States to cooperate as a duty that stems from two different areas of international law. First, States are obliged to cooperate under the law of State responsibility, the aim of cooperation within this framework being to bring to an end serious breaches of peremptory norms. The second area is international human rights law and, in particular, the European (ECHR) and the American Conventions on Human Rights (ACHR), as these instruments have been interpreted by the respective regional human rights courts to encompass a procedural obligation for States to cooperate with a view to protect human rights. The paper asks whether the obligation to cooperate, as constructed by the two regional human rights courts, has any overlap with the obligation to cooperate under the law of State responsibility, and, if yes, whether it can and does cross-fertilise the interpretation of the latter. The analysis of the relevant case law provides two affirmative answers. First, there is common space between the obligations to cooperate under the law of State responsibility, the ECHR, and the ACHR. Second, analysis also identifies certain features in the relevant human rights case law that enrich the obligation to cooperate under the law of State responsibility. These features are the effectiveness in the protection of the most fundamental norms and interpretation of the duty to cooperate through systemic integration. Systemic integration is necessary to concretise the conduct States are expected to develop as the obligation to cooperate refers to a rather open list of relevant rules of international law applicable to that State.
Wednesday, October 23, 2024
Berkes: The obligation to cooperate to protect against serious breaches of the European and American Conventions on Human Rights
Antal Berkes (Univ. of Liverpool - Law) has posted The obligation to cooperate to protect against serious breaches of the European and American Conventions on Human Rights (International Community Law Review, forthcoming)). Here's the abstract:
Longobardo & Violi: Access to justice for atrocities in the comparison of land-mark cases on state immunity in Brazil and Italy
Marco Longobardo (Univ. of Westminster - Law) & Federica Violi (Erasmus Univ. of Rotterdam - Law) have posted Access to justice for atrocities in the comparison of land-mark cases on state immunity in Brazil and Italy (Internaitonal Journal of Human Rights, forthcoming). Here's the abstract:
This article investigates differences and similarities in the approach of Italian and Brazilian domestic courts to the topic of access to justice for atrocities and the role of state immunity, taking particular note of the limited and select dialogue between the two judiciaries and reflecting on the potential for further developments of the customary international law rule on state immunity. To do so, the article first outlines the rule on state immunity and offers an overview of the articulated Italian case law on why state immunity cannot bar access to justice for atrocities, considering the judicial developments occurred after 2004. The paper moves on to describe the recent 2021 decision of the Brazilian Supremo Tribunal Federal, in which the Brazil judiciary seemingly joined the Italian trend against state immunity when atrocities are committed. The two different judicial trends are then compared and analysed, with a discussion on the limited explicit reference to Italian decisions by the Supremo Tribunal Federal. The article concludes the research by describing the likely impact of these judicial trends on future developments on the relationship between access to justice for atrocities and state immunity.
Call for Expressions of Interest: (De-/re-)constructions of International Law over Time and Space
The ESIL Interest Group on the History of International Law has issued a call for expressions of interest for an agora panel proposal on "(De-/re-)constructions of International Law over Time and Space" for the 2025 European Society of International Law Annual Conference. The call is here.
Abel, Beham, Dederer, & Herrmann: Völkerrechtliche Perspektiven auf die internationale Streitbeilegung
Tuesday, October 22, 2024
O'Hara & Paige: Queer Encounters with International Law: Lives, Communities, Subjectivities / Queer Engagements with International Law: Times, Spaces, Imaginings
These sibling edited books apply insights from queer theory to a range of new issues and topics in international law. Queer Encounters explores new issues relating to gender, sexuality and LGBTIQ communities in international law, such as recent contestation over the definition of 'gender' in international criminal and human rights law and the possibility of building an international queer abolitionist movement. In contrast, Queer Engagements moves beyond queer theory's site of origin by applying queer theory to a range of new topics international law not directly related to gender and sexuality, including international environmental law, international space law, international heritage law and travaux préparatoires. These collections will be invaluable to scholars of international law and international relations with an interest in critical approaches in these areas.
Berkes, Collins, & Deplano: Reassessing the Articles on the Responsibility of International Organizations: From Theory to Practice
This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.
The editors have brought together a diverse group of legal experts to analyse various fields in the law of responsibility for international organizations (IOs), including questions of attribution, shared responsibility, the implementation of responsibility and the progressive development of ARIO rules. The book argues that, despite its rare application, the ARIO are a useful resource for ascertaining the responsibility of IOs in the form of judicial, non-judicial, internal or external control mechanisms. Ultimately, the book demonstrates that the ARIO constitute an authoritative legal source, capable of guiding IOs in reforming their internal law.
New Issue: Chinese Journal of International Law
The latest issue of the Chinese Journal of International Law (Vol. 23, no. 3, September 2024) is out. Contents include:- Articles
- Marten Zwanenburg, The Use of OSINT for Military Operations Abroad under International Humanitarian Law and International Human Rights Law
- Yue Zhang & Yuqi Zhou, Reviewing the Necessity Test in a PHEIC: “Least Intrusiveness” or “Reasonable Necessity”
- Comments
- Yury Rovnov, Judicialization of Global Climate Governance: In Defence of the Paris Agreement
- Güneş Ünüvar & Xueji Su, International Legal Governance of Space Resources and the Role of National Frameworks: The Case of China
- Current Developments
- Ignacio de la Rasilla, The Rise in the Participation of Asia Pacific States in the Proceedings of the International Court of Justice (2010-2023)
- Barbara Stępień, Navigating New Waters: IMO’s Efforts to Regulate Autonomous Shipping
New Issue: La Comunità Internazionale
- Articoli e Saggi
- Francesca Romanin Jacur, L’evoluzione del diritto internazionale dell’ambiente tra prassi successiva e interpretazione giudiziale degli accordi
- Andrea Mensi, The Identification of International Non-Binding Agreements Through the Lens of Subjective and Objective Indicators: Fiction or Reality?
- Luca Martelli, I “paradisi ambientali”: prima che economico, un fenomeno giuridico di diritto internazionale
- Mario Pasquale Amoroso, Convergence and Divergence Between International Humanitarian Law and the Law of Neutrality in Inter-State Military Assistance: Lessons from Recent State Practice in the Russia-Ukraine Conflict
- Rosa Stella de Fazio, Alcune considerazioni sul Trattato a tutela della biosostenibilità marina
- Osservatorio Diritti Umani
- Antonio Alì, Encryption Backdoors on Trial: The Telegram Case Before the European Court of Human Rights
- Grazia Eleonara Vita, Cambiamento climatico e diritti umani. Note alla sentenza della Corte europea dei diritti umani Verein KlimaSeniorinnen e altri c. Svizzera
- Osservatorio Europeo
- Fabiola Massa, La tutela brevettuale del farmaco nell’ordinamento multilivello tra passato e futuro
New Issue: Journal of International Economic Law
The latest issue of the Journal of International Economic Law (Vol. 27, no. 3, September 2024) is out. Contents include:- Mira Burri & Kholofelo Kugler, Regulatory autonomy in digital trade agreements
- Alan O Sykes, The utility of appellate review at the WTO and its optimal structure
- Giulia Claudia Leonelli & Francesco Clora, Retooling the regulation of net-zero subsidies: lessons from the US Inflation Reduction Act
- Jie (Jeanne) Huang, The rise of data property rights in China: how does it compare with the EU data act and what does it mean for digital trade with China?
- Jaemin Lee, The automatic termination clause in the Fisheries Subsidies Agreement—brinkmanship for future negotiation or a time bomb for self-destruction?
- Yawen Zheng, Rethinking the ‘Full Reparation’ standard in energy investment arbitration: how to take climate change into account
- Noam Noked & Jingyi Wang, Chinese companies in tax havens
- Anu Bradford, Adam Chilton, & Katerina Linos, Dynamic diffusion
- Marios Tokas, The concept of the level playing field in International Economic Law
New Issue: Ocean Development & International Law
The latest issue of Ocean Development & International Law (Vol. 55, no. 3, 2024) is out. Contents include:- Hui Wu, International Law Challenges for Underwater Cultural Heritage Protection in the South China Sea
- Andrey Todorov, Potential Contributions of IMO Area-Based Shipping Management and Port State Jurisdiction to the Regulation of Ship-Borne Tourism in Antarctica
- Rob McLaughlin, Different Pacta or Different Servanda? Grey-Zone Lawfare and Law of the Sea-Based Passage and Operational Rights
- Alexandre Pereira da Silva, The Case of the Martin Vaz Rocks and Other Brazilian Offshore Archipelagos: A Further Step Toward the “Territorialization” of the South Atlantic
- Mutaz M. Qafisheh, Eastern Mediterranean Maritime Boundary Delimitation: The Claims of the State of Palestine under UNCLOS
- Suk Kyoon Kim, Challenges to the Capacity-Building of Maritime Domain Awareness (MDA) in East Asia: What Is at Stake?
Monday, October 21, 2024
Mack & Cogan: In Between and Across: Legal History Without Boundaries
- Kenneth W. Mack & Jacob Katz Cogan, Introduction: Rewriting the Boundaries of Legal History
- Part I: The Political Economy of Time
- Matthew Axtell, Views from Rathole Mountain: A Lawscape Journey through Old Virginia
- Donna Dennis, The Rise of Retail Stockholder Litigation and the Creation of the Plaintiff's Bar in American Business Law, 1930-1950
- Felicia Kornbluh, Private Law, Public Welfare, Marital Ideals, and The Gender Binary . . . or, What I Learned at the Socio-Legal Revolution
- Maribel Morey, Power of the Purse: How “the Philanthropic North” Has Helped Determine Which Individuals, Groups, and Ideas in the Black Freedom Struggle Will Thrive Nationally
- Sarah Seo, “Kindred to Treason”: Conspiracy Laws in the United States
- Part II: Law, Space, and Place in History
- Catherine L. Evans, The Case as Episode: Murder and Migration in Colonial Australia
- Maeve Glass, The Chain and the Rope: Illuminating Constitutional Traditions
- Mitra Sharafi, South Asians at the Inns of Court: Empire, Expulsion, and Redemption circa 1900
- Part III: Rethinking Method: Law and Everything Else
- Jessica K. Lowe, “Our Experiences Make Us Who We Are”: Lessons from Thomas Ruffin and Dirk Hartog
- Farah Peterson, Debtor Constitutionalism
- Christina D. Ponsa-Kraus, Roosters and Resistance
- Laura Weinrib, Law, History, and the Interwar ACLU's Jewish Lawyers
Saturday, October 19, 2024
Fach Gómez & Titi: The Award in International Investment Arbitration
The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting.
By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.
New Issue: Global Responsibility to Protect
The latest issue of Global Responsibility to Protect (Vol. 16, no. 4, 2024) is out. Contents include:- Adrian Gallagher, Charles T. Hunt, & Cecilia Jacob, The Responsibility to Protect at an Inflection Point
- Gareth Evans, Atrocity Prevention and Response: Challenges for R2P
- Special Section: Cyberspace and the Responsibility to Protect
- Rhiannon Neilsen, Cyberspace and the Responsibility to Protect Populations from Atrocity Crimes
- Federica D’Alessandra & Ross James Gildea, Technology, R2P, and the UN Framework of Analysis for Atrocity Crimes
- Talita Dias, Finding Common Ground: the Right to Be Free from Incitement to Discrimination, Hostility, and Violence in the Digital Age
- Savita Pawnday, Digital Technologies and Atrocity Risks
Friday, October 18, 2024
Moremen: Perceptions of State: The US State Department and International Law
Why, and to what extent, are states more or less likely to comply with international law? No overarching state compels compliance, and the international institutional context is thin, yet states seem largely to comply. How do we explain this behaviour? Developed through interviews with eighty State Department senior officials from across five recent administrations, Philip Moremen provides a qualitatively and quantitatively rich study of the extent to which and under what conditions the United States and other countries comply with international law. US policymakers consider legal issues, national interest, and other factors together when making decisions-law is not always dispositive. Nevertheless, international law constrains states. In State Department policymaking there is a strong culture of respect for international law, and lawyers play a highly influential role. In this context, the book concludes by investigating the effect of the Trump Administration on the culture and processes of the State Department.
Conversation on "Feminist Theory and International Law: Posthuman Perspectives"
On November 4, 2024, Birmingham Law School will host a conversation with Emily Jones (Newcastle Univ. - Law) and Máiréad Enright (Univ. of Birmingham - Law) on Feminist Theory and International Law: Posthuman Perspectives. Details are here.
Lecture: Dill on “International Law in Gaza: Belligerent Intent & Provisional Measures”
On October 22, 2024, Janina Dill (Univ. of Oxford - Government) will give the next lecture of the TwoLaW Lecture Series on the Laws of War. The topic is: “International Law in Gaza: Belligerent Intent & Provisional Measures.” Details are here.
Kulamadayil: Global Starvation Governance and International Law
Lys Kulamadayil (Geneva Graduate Institute) has posted Global Starvation Governance and International Law (TWAILR: Reflections, 70/2024). Here's the abstract:
Lys Kulamadayil reflects on the concept of starvation in international law, and argues that contemporary understandings have been distorted by the classification of “famine” in purely technical terms, obscuring the intentional use of starvation as a tactic of war, erasure and genocide.
New Issue: International & Comparative Law Quarterly
- Articles
- Richard L. Kilpatrick, Jr, Revisiting the Five-Powers War Risk Exclusion
- Kathryn Greenman, Of War and International Investment Law
- Harry Hobbs & Donald Rothwell, Towards a Legal Era of Islands: The International and Constitutional Legal Status of Island Territories
- Douglas Guilfoyle & Joanna Mossop, The Extent and Legitimacy of the Judicial Function in UNCLOS Dispute Settlement
- Delia Ferri, Iryna Tekuchova, & Eva Krolla, Between Disability and Culture: The Search for a Legal Taxonomy of Sign Languages in the European Union
- Kanstantsin Dzehtsiarou & Niccolò Ridi, The Use of Scholarship by the European Court of Human Rights
- Shorter Articles
- Mauro Arturo Rivera León, Voting Protocols as Informal Judicial Institutions: The Politics of Enforceability and Strategic Breaching
- Christian Henderson, US and UK Military Strikes in Yemen and the Jus Ad Bellum
- Yingfeng Shao, Laura Carballo Piñeiro, Maximo Q Mejia, Jr, A Newcomer to Maritime Law: The Beijing Convention on the International Effects of Judicial Sales of Ships
New Issue: Nordic Journal of Human Rights
The latest issue of the Nordic Journal of Human Rights (Vol. 42, no. 3, 2024) is out. Contents include:- Yulia Dergacheva, A Critical Engagement with the Conceptualization of Sexual Harassment in International Human Rights Law
- Klaus D. Beiter, Open Access ‘Unaccomplished’ – Reforming Copyright or Reconceptualizing Science? Access to Scholarly Publications under a (Reinterpreted) Right to Science
- Tomas Wedin & Carl Wilén, Historicizing the Historical Turn in Human Rights Studies: Origins, Inequality, and Neoliberalism in the Modern Epoch
- Elin Skaar & Aaron John Spitzer, Conceptualizing the Legitimacy of Non-Transitional Truth Commissions: Norway and Canada Compared
- Muyiwa Adigun, Companies’ Human Rights: The Implications for a Human Rights Approach to Climate Change Litigation in South Africa
- Kateryna Zakomorna, Oleksandr Poproshaiev, Olena Poproshaieva, Viktor Muntian & Anna Prikhodko, Legal Guarantees of Physical Activity as Determinants of the Human Right to Health: The Ukrainian Experience in the European Integration Context
- Puskar R. Joshi, Zohreh R. Eslami & Hector H. Rivera, New Constitution in Nepal: Fundamental Freedoms and Educational Rights Provisions, and Implications for Dalits’ Schooling
Call for Papers: 2025 ILA-ASIL Asia-Pacific Research Forum
A call for papers has been issued for the 2025 ILA-ASIL Asia-Pacific Research Forum, which will be held July 7-8 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: "Sustainable International Law." The call is here.
Thursday, October 17, 2024
New Issue: American Journal of International Law
- Articles
- Ingrid Brunk & Monica Hakimi, The Prohibition of Annexations and the Foundations of Modern International Law
- Joanna Jarose, A Sleeping Giant? The ENMOD Convention as a Limit on Intentional Environmental Harm in Armed Conflict and Beyond
- International Decisions
- Ibrahim A. Alturki, R (on the Application of PACCAR Inc. and Others) v. Competition Appeal Tribunal and Others, [2023] UKSC 28
- Lauri Mälksoo, Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), Judgment
- Tomasz Jaroszyński, European Parliament v. European Commission, Case C-137/21, Judgment
- Contemporary Practice of the United States Relating to International Law
- The Department of State Announces Initiatives to Counter Foreign State Information Manipulation
- The United States Designates the Overthrow of Niger's Government a “Coup d'Etat”
- New Compact of Free Association Agreements with Micronesia, the Marshall Islands, and Palau Approved by Congress
- President Biden Issues Memorandum Requiring Assurances from Recipients of U.S. Military Aid and the State and Defense Departments Certify Israel's Compliance
- The UN General Assembly Adopts U.S.-Led Resolution on Safe, Secure, and Trustworthy Artificial Intelligence
- The United States Comments on Matters Pending at the International Court of Justice and the International Criminal Court Pertaining to the Israeli-Palestinian Conflict
- Recent Books on International Law
- J. Benton Heath, Neutrality and Governance in a Weaponized World
- Natsu Taylor Saito, reviewing Race and National Security, edited by Matiangai V. S. Sirleaf
- Kal Raustiala, reviewing Digital Empires: The Global Battle to Regulate Technology, by Anu Bradford
- Annyssa Bellal, reviewing Rebel Courts: The Administration of Justice by Armed Insurgents, by René Provost
Conference: Forty-Second Investment Treaty Forum Public Conference
New Issue: International Theory
- Scott Wolford & Toby J. Rider, Weak sovereignty and interstate war
- Patrick J. McDonald & Kevin Galambos, Trilateral politics in hierarchy, war, and state formation
- Kate Yoon, The many faces of sovereignty
- David Lefkowitz, A new philosophy for international legal skepticism?
- Tim Beaumont, John Stuart Mill on the Suez Canal and the limits of self-defence
Von Bernstorff: L’essor et la chute du droit international humanitaire
Les règles de protection des civils ont toujours été au cœur du droit de la guerre (ius in bello). La codification de ces règles a commencé dans la seconde moitié du 19e siècle, à l'apogée de l'impérialisme européen, et s'est poursuivie après les deux guerres mondiales et pendant la guerre froide. Malgré cela, le nombre de civils tués à la guerre n'a cessé d'augmenter jusqu'à aujourd'hui.
L'expert en droit international Jochen VON BERNSTORFF décrit l'essor et la chute des règles de protection des civils en temps de guerre.
Wednesday, October 16, 2024
Seminar Series: Thinking Gender, History and International Law
The University of Warwick School of Law's Gender and the Law Cluster will host a seminar series in 2024-2025 on "Thinking Gender, History and International Law." The schedule is here. The first seminar, on "How to Write Feminist Histories of International Law," will take place on October 21, 2024.
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