Sunday, December 1, 2024
Call for Nominations: ASIL International Criminal Law Scholarship Prize
Morosini, Tasquetto, & Maciel: Navigating the Digital Divide: Challenges and Strategies for Latin American Countries in E-commerce and Data Governance Regulation
In recent years, there has been a growing concern that only a few countries and players have been accruing the benefits and wealth stemming from the digital economy, widening the gap between developed and developing countries. The development gap related to digital trade is particularly acute in Latin American countries. Despite structural difficulties and its low performance in the digital economy, Latin America has been one of the most active regions in terms of treaty-making on digital trade. However, Latin American countries lack their own model of digital trade regulation and tend to replicate existing ones, not only when negotiating agreements with third parties, but also within the region. So far, the US regulatory approach, as exemplified by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), has had the most significant influence on Latin America. A number of countries in Latin America are already embroiled in negotiations or bound by agreements from which it would be too hard or costly to defect. In this scenario, it is advisable to consider the inclusion of binding provisions within the ongoing and future digital trade negotiations, which would contribute to development. That could happen by a) incorporating provisions aimed at promoting digital inclusion and tackling inequality, and b) incorporating specific horizontal and vertical development- oriented provisions. Latin American countries can find inspiration in agreements celebrated outside the region, as they seek to mainstream development in their digital trade negotiations. This policy paper concludes with a number of recommendations, both institutional and substantive.
Fedele, Lesaffer, & Savy: Avant l'État. Droit international et pluralisme politico-juridique en Europe, XIIIe-XVIIe siècle
Saturday, November 30, 2024
Wood & Sender: Identification of Customary International Law
Customary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward.
This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence at issue. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings.
Identification of Customary International Law provides an overview of the Commission's work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.
Friday, November 29, 2024
New Issue: Asia-Pacific Journal of Ocean Law and Policy
- JVDI KIOST Conference Papers
- Keiko Woo Wilkins, Living in a Plastic Ocean: Addressing Plastic Pollution Threats to Corals in the Pacific
- Victoria W. Keener & Chelsey Bryson, A Summary of Climate Risks to the Pacific Islands Region: Climate Boundary Organizations Can Accelerate Regional Adaptation, Scientific Research & Policy Networks
- Chelsey Bryson & Victoria W. Keener, Climate Finance in the Pacific: Opportunities and Challenges for Increasing Coordination and Collaboration in Green Climate Fund Projects
- Christopher Sabine & Melissa Meléndez, Grounding Marine Stations in a Strong Foundation of Observations for Effective Management and Policy Relevance
- Carole J. Petersen, Gender Equality and Sustainable Oceans
- Articles
- Eon Kyung Park & Seokwoo Lee, Developing International Norms Addressing the Disposal of Nuclear Waste and Nuclear Governance at the International and Domestic Levels: South Korea’s Nuclear Radioactive Waste Management
- Lowell Bautista & Pornomo Rovan Astri Yoga, The Legal, Political, and Strategic Implications of the 2018 Timor Sea Compulsory Conciliation on Australia-Indonesia Relations
- Yen-Chiang Chang, The Impact of General International Law in Settling Maritime Disputes—Some Commentaries on Current Practice
- Lowell Bautista & Clive Schofield, The Philippines’ Submission for an Extended Continental Shelf in the West Palawan Region: Legal Analysis, Implications and Reactions
New Issue: Europa Ethnica
- Otto Luchterhandt, Die KSZE und der Schutz nationaler Minderheiten. Rückblick und Würdigung
- Wilfried Jousten, Volksbefragung, nicht Volksabstimmung: Die Nuancen des Versailler Vertrags für Eupen-Malmedy
- Oskar Peterlini, Italia, quo vadis? Die geplanten Verfassungsreformen in Italien
- Peter Hilpold, Die internationale Verankerung der Südtirol-Autonomie und die Notwendigkeit der „Wiederherstellung“ der seit 1992 „entzogenen“ Kompetenzen
- Raoul Blindenbacher, Little Changes in Minority Politics with Great Impact
- Leonie Cosima Schwart, Der Umgang mit Mehrsprachigkeit in den Bildungseinrichtungen der deutschen und dänischen Minderheit im deutschdänischen Grenzland
- Greg Taylor, The Defeat of the Proposed Aboriginal Voice to Parliament in Australia
- Cornelia Koch & Anne Hewitt, The Failure of the Voice Referendum: Evidence of Australia’s Limited Capacity to Enable Self-Determination for Indigenous Minorities
Thursday, November 28, 2024
Call for Papers: Transnational Criminal Law in the Asia/Pacific
New Issue: World Trade Review
The latest issue of the World Trade Review (Vol. 23, no. 4, October 2024) is out. Contents include:- Original Articles
- Michele Mancini, Francesco Paolo Conteduca, & Alessandro Borin, The Real-Time Impact of the War on Russian Imports: A Synthetic Control Method Approach
- Linda Fernandez & Monica Das, Does the World Trade Organization Enable Biosecurity and Trade for Importers and Exporters?
- Wenyi Lian, The Definition of ‘Covered Entities’ under the GPA: The General Scope and Escape Conditions
- Research Notes
- J. Robert Basedow, Alienated Twins – The Overlooked Private Law Dimension of Global Trade and Investment Governance
- Andrew D. Mitchell, The Geography of Health: Onshoring Pharmaceutical Manufacturing to Address Supply Chain Challenges
- From the Trenches
- Bryan Lohmar, China's Antidumping Investigations against US Feed Products: Lessons from the Trenches
Wednesday, November 27, 2024
New Issue: Journal of World Investment & Trade
- Roberto Castro de Figueiredo, An Analysis of the Interpretation of the Territorial Requirement in Investment Treaties by Arbitral Tribunals and the Vienna Convention on the Law of Treaties
- Qiu Xu Martin Liao, The WTO of the Future: Keeping the WTO Digitally Relevant through the JSI on E-Commerce
- Akinwumi Ogunranti, Dispute Resolution in the AfCFTA Investment Protocol: a Preliminary Assessment and Proposal for Business and Human Rights Arbitration
- Alberto Pecoraro, Hannah Lily, & Pradeep Singh, The International Seabed Authority and the Push for Exploitation of Deep Seabed Minerals: Does the Doctrine of Legitimate Expectations Apply?
- Claudia Wortmann, Conflicts between International Climate Law and Investment Arbitration: A Proposed Exception to the Full Reparation Standard without Moving the Goalposts
Tuesday, November 26, 2024
New Volume: Italian Yearbook of International Law
- Current Issues of International Environmental and Climate Law
- André Nollkaemper, Causation Puzzles in International Climate Litigation
- Patrícia Galvão Teles, The Legal Protection of Persons Affected by Sea-Level Rise
- Sol Meckievi & Jorge E. Viñuales, The Search for Clarity: Resort to Advisory Opinions as a Strategy for the Implementation of International Environmental Law
- Mariangela La Manna, Environmental Protection in Armed Conflict: Will the “Silent Victim” Have a Voice at Last?
- Gemma Andreone, The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction: A Critical Assessment
- Carlo de Stefano, The Scrutiny of States’ Climate Change Action under WTO Law and International Investment Agreements
- Francesca Ippolito, Unweaving the Tangled Web of Environmental Rights of Children and Future Generations
- Saverio Di Benedetto, Restitution and Compensation for Environmental Damage in International Law: Towards an Ecological Approach?
- The Scientific Legacy of Benedetto Conforti
- Mario Gervasi, State Practice and Opinio Juris at the Intersection of Customary International Law and General Principles of Law
- Andrea Caligiuri, The Law of the Sea and the Relevance of Benedetto Conforti’s Teachings
- Pierfrancesco Rossi, Obey or Disobey: National Courts and International Law in the Thought of Conforti
- Diego Mauri, Indifferent Wars in International Law? A Hypothesis on Benedetto Conforti’s Legacy Twenty Years Later
- The Case of Giulio Regeni and the Nazi Crimes Reparations Fund before the Italian Constitutional Court
- Piergiuseppe Parisi & Mattia Pinto, In Pursuit of Greater Accountability for Torture: The Case of Giulio Regeni after Judgment no. 192/2023 of the Italian Constitutional Court
- Pierfrancesco Rossi, Truce or Settlement? The Dispute over Germany’s Immunity from Wartime Reparations claims after Judgment no. 159/2023 of the Italian Constitutional Court
- Alessandro Bufalini, The Italian Nazi Crimes Reparations Fund and Judicial Protection: Navigating the Drawbacks of Judicial Responses to Mass Crimes
- Notes and Comments
- Alice Ollino & Marco Pertile, Restorative Justice as a Tool to Address Violence Against Women? An Assessment of the Italian Case in Light of the Practice of International Monitoring Bodies
- Francesca Mussi, The Recent Italian Response to Migration: Everything must Change so that Everything can Stay the Same?
- Fiammetta Borgia, The Agreement Between Italy and Croatia on the Delimitation of their Exclusive Economic Zones
Monday, November 25, 2024
Workshop: International Humanitarian Law: Expanding its History(ies), Prospects and Challenges
Saturday, November 23, 2024
New Issue: Asian Journal of International Law
The latest issue of the Asian Journal of International Law (Vol. 14, no. 2, July 2024) is out. Contents include:- José Duke Bagulaya & Romel Regalado Bagares, Hidden in Plain Sight: International Law and Marxist Praxis in the Life and Works of Merlin M. Magallona
- Massimo Fabio Lando, The Limits of Deduction in the Identification of Customary International Law
- Kazuki Hagiwara, Enhanced De Facto Constraints Imposed by Non-legally Binding Instruments and Interactions with Normative Environment: An Analysis of the Joint Statements for the Conservation and Management of Japanese Eel Stock
- Jamieson Kirkwood, Characterization (and Registration) of a “BRI Dispute”
- Anam Soomro, People, Paper and Power: The Birth of the Passport in International Law
- Khorsed Zaman, Decolonizing Human Rights Law in Global Health - the Impacts of Intellectual Property Law on Access to Essential Medicines: A Perspective from the COVID-19 Pandemic
- I Dewa Gede Palguna & Agung Wardana, Pragmatic Monism: The Practice of the Indonesian Constitutional Court in Engaging with International Law
Friday, November 22, 2024
New Issue: International Community Law Review
The latest issue of the International Community Law Review (Vol. 26, no. 6, 2024) is out. Contents include:- Hojjat Salimi Turkamani, The Trend of Changes in the Differentiation in Climate Change Law: Towards Intensifying, Not Weakening
- Giorgia Pane, Litigating the Climate between National and International Human Rights Regimes Judicial Complementarity?
- Antal Berkes, The Obligation to Cooperate to Protect Against Serious Breaches of the European and American Conventions on Human Rights
- Edyta Lis, Gender Perspective in the Recent Case Law of the Inter-American Court of Human Rights
Thursday, November 21, 2024
New Issue: American Journal of International Law
- Article
- Evan J. Criddle, Extraterritoriality's Empire: How Self-Determination Limits Extraterritorial Lawmaking
- Current Develoopments
- Tom Dannenbaum & Janina Dill, International Law in Gaza: Belligerent Intent and Provisional Measures
- Alex Green & Douglas Guilfoyle, The Australia-Tuvalu Falepili Union Treaty: Statehood and Security in the Face of Anthropogenic Climate Change
- International Decisions
- Lucas Carlos Lima, Declaratory Action of Constitutionality N. 39 of Brazilian Supreme Court
- Yusra Suedi & Marie Fall, Ligue Ivorienne des Droits de L’Homme and Others v. Cote D’Ivoire. App. No. 041/2016
- Contemporary Practice of the United States Relating to International Law
- New Memorandum Elaborates U.S. Engagement in the Antarctic Treaty System, with Eye on Climate Change and Strategic Competitors
- The United States Endorses Amendments to the International Health Regulations
- President Biden Adds, Increases, and Maintains Tariffs on Chinese Goods Levied by President Trump
- Julian Assange Pleads Guilty to One Charge of Espionage and Returns to Australia, Ending U.S. Attempts to Extradite Him
- The United States and Twenty-Three Other Countries Enter into Bilateral Security Agreements with Ukraine
- President Biden Further Restricts Asylum Claims by Migrants at the U.S.-Mexico Border
- Recent Books on International Law
- Sivan Shlomo Agon & Michal Saliternik, Just About Time: International Law's Temporalities and Our Moment in History
- W.G. Werner, reviewing Natural Perception: Environmental Images and Aesthetics in International Law, by Alice Palmer
- Mira Burri, reviewing Cultural Heritage in International Economic Law, by Valentina Vadi
- Rossana Deplano, reviewing Who Owns Outer Space? International Law, Astrophysics, and the Sustainable Development of Space, by Michael Byers and Aaron Boley
Book Launch: Alex Wentker's "Party Status to Armed Conflict in International Law"
Call for Papers: History of International Law Colloquium
Call for Papers: International Law's Local Encounters: Experiences and Imaginaries of (de-)Coloniality
Wednesday, November 20, 2024
Call for Papers: The Politics of International Dispute Settlement
Lecture: Vergerio on “War, States, and International Order: Alberico Gentili and the Foundational Myth of the Laws of War”
Call for Papers: Cambridge International Law Journal 14th Annual Conference
Tuesday, November 19, 2024
New Issue: Trade, Law and Development
The latest issue of Trade, Law and Development (Vol. 15, no. 2, Winter 2023) is out. Contents include:- Aditya Suresh, Re-Calibrating the Standard of Review of Scientific Evidence in WTO Dispute Settlement
- Lorenzo Cotula, Critical Minerals: International Economic Law in a Global Resource Rush
- Marc D. Froese, Negative Reciprocity: Retaliation in WTO Dispute Settlement and the Extrajudicial Response to the Trump Tariffs of 2018
- Yasmin Salama, Eco Oro v. Colombia: Delving into the Misalignment between New-Generation IIAs and their Intended Outcomes
- Victoria Trifonchovska, European Legal Transplants in China? Legal Transposition and Reception of Rulres on Geographical Indications in China
Monday, November 18, 2024
Report: The legal arguments on the Climate Emergency Advisory Proceedings before the Inter-American Court of Human Rights
Sunday, November 17, 2024
New Issue: International Legal Materials
- Application of the Int'l Conv. for the Suppression of the Financing of Terrorism & of the Int'l Conv. on the Elimination of All Forms of Racial Discr. (Ukr. v. Russ.) (Merits) (I.C.J.), with introductory note by Iryna Marchuk
- Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukr. v. Russ.) (Judgment on Preliminary Objections) (I.C.J.), with introductory note by Catherine Drummond
- Case C-634/21, OQ v. Land Hessen (C.J.E.U.), with introductory note by Angela Maria Noguera









