New Volume: Indian Journal of International Economic Law

The latest volume of the Indian Journal of International Economic Law (Vol. 4, 2011) is out. Contents include:

• Fabio Leonardi, The Sky is Not the Limit: A Review of U.S. Space Transportation Law from a WTO Perspective
• Pierre-Emmanuel Dupont, The Legality of Economic Sanctions under International Law and EU Law: The Case of Iran
• Francesco Seatzu, Towards a Mediterranean Development Bank?
• Amrita, Making WTO Dispute Settlement Mechanisms Work for Developing Countries: Designing the Strategy of Public-Private Partnership
• R. Trequattrini, S. Manfredi & Dott. F. Nappo, The Administration of Big Companies in State of Insolvency: The Italian Framework
• Navajyoti Samanta, Did GATS Cause the Financial Crisis of 2007?
• Neeti Shikha, The Changing Trend of Schemes of Arrangement and Approaches towards its Efficacy

New Issue: Chinese Journal of International Law

The latest issue of the Chinese Journal of International Law (Vol. 10, no. 4, December 2011) is out. Contents include:

• Articles
• Roda Mushkat, State Reputation and Compliance with International Law: Looking through a Chinese Lens
• Sienho Yee, The Presidency of the International Tribunal for the Law of the Sea and the "National State Extension" Concern
• Comments
• Dire Tladi & Gillian Taylor, On the Al Qaida/Taliban Sanctions Regime: Due Process and Sunsetting
• Nils Goeteyn & Frank Maes, Compliance Mechanisms in Multilateral Environmental Agreements: An Effective Way to Improve Compliance?
• Juan He, Developing Countries' Pursuit of an Intellectual Property Law Balance under the WTO TRIPS Agreement
• Notes on Courts and Tribunals
• Philippe Gautier, The International Tribunal for the Law of the Sea: Activities in 2010

New Issue: Les Cahiers de l'Arbitrage

The latest issue of Les Cahiers de l'Arbitrage (2011, no. 3) is out. Contents include:

• Luca G. Radicati di Brozolo, The Impact of National Law and Courts on International Commercial Arbitration: Mythology, Physiology, Pathology, Remedies and Trends
• Stéphanie Bellier, À propos de juridictions internationales statuant à titre arbitral
• Luiz Olavo Baptista & Sílvia Julio Bueno de Miranda, Arbitration Agreement and Choice-of-Law Clause: A Brazilian Law Perspective

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 2, no. 2, July 2011) is out. This is a special issue on "Conflicts Law as Constitutional Form in the Postnational Constellation." Contents include:

• Christian Joerges, Poul F. Kjaer, & Tommi Ralli, A New Type of Conflicts Law as Constitutional Form in the Postnational Constellation
• Agustín José Menéndez, United They Diverge? From Conflicts of Law to Constitutional Theory
• Florian Rödl, Democratic Juridification Without Statisation: Law of Conflict of Laws Instead of a World State
• Marc Amstutz, The Opium of Democracy: A Comment on Florian Rödl's Theory of Democratic Juridification without Statisation
• Poul F. Kjaer, The Political Foundations of Conflicts Law
• Martin Herberg, Global Governance and Conflict of Laws from a Foucauldian Perspective: The Power/Knowledge Nexus Revisited
• Michelle Everson, The Limits of the 'Conflicts Approach': Law in Times of Political Turmoil

Scheffer: All the Missing Souls: A Personal History of the War Crimes Tribunals

David Scheffer (Northwestern Univ. - Law) has published All the Missing Souls: A Personal History of the War Crimes Tribunals (Princeton Univ. Press 2012). Here's the abstract:

Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court. All the Missing Souls is Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.

Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel "Sandy" Berger, Richard Holbrooke, and Wesley Clark, among others.

New Volume: Recueil des Cours

Volume 350 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:

• Volume 350
• W. van Gerven, Plaidoirie pour une nouvelle branche du droit: le «droit des conflits d’ordres juridiques» dans le prolongement du «droit des conflits de règles» (conférence inaugurale)
• A. Bonomi, Successions internationales: conflits de lois et de juridictions
• B.H. Oxman, Idealism and the Study of International Law (Inaugural Lecture)

von Bogdandy: The European Lesson for International Democracy: The Significance of Articles 9 to 12 EU Treaty for International Organizations

Armin von Bogdandy (Max Planck Institute for Comparative Public Law and International Law & Goethe-Universität Frankfurt am Main - Law) has posted The European Lesson for International Democracy: The Significance of Articles 9 to 12 EU Treaty for International Organizations. Here's the abstract:

This text argues that Articles 9 to 12 of the EU Treaty provide a promising way to conceptualize and develop the democratic legitimation of international organizations. To be sure, the current European Union is not a democratic showcase. However, an innovative concept of democracy, neither utopian nor apologetic, has found its way into its founding treaty. It can point the way in conceiving and developing the democratic credentials not just of the EU, but of public authority beyond the state in general. Since comparison is a main avenue to insight, this piece will present those articles and show what lessons can be learnt for international organizations.

New Volume: Israel Yearbook on Human Rights

The latest volume of the Israel Yearbook on Human Rights (Vol. 41, 2011) is out. Contents include:

• Changing Patterns of War
• John F. Murphy, Mission Impossible? International Law and the Changing Character of War
• Wolff Heintschel von Heinegg, Asymmetric Warfare – How to Respond?
• Dale Stephens, The Age of Lawfare
• Cyber Operations
• Sean Watts, Low-Intensity Computer Network Attack and Self-Defense Sean Watts
• Michael N. Schmitt, Cyber Operations and the Jus in Bello: Key Issues
• Warnings and Detentions
• Pnina Sharvit Baruch & Noam Newman, Warning Civilians Prior to Attack under International Law – Theory and Practice
• Robert M. Chesney, Who May be Held? Military Detention Through the Habeas Lens
• Special Supplement
• Yoram Dinstein, Autonomy Regimes and International Law

von Staden: Democratic Legitimacy of Judicial Review Beyond the State: Normative Subsidiarity and Judicial Standards of Review

Andreas von Staden (Univ. of St. Gallen - Political Science) has posted Democratic Legitimacy of Judicial Review Beyond the State: Normative Subsidiarity and Judicial Standards of Review. Here's the abstract:

Judicial review of the acts of national governments by courts beyond the state raises the question of the democratic legitimacy of such review. In this paper, I outline a position that identifies the ideal of self-government as the core of democracy and argue that in order to be democratically legitimate, judicial review by international courts must be guided by the principle of “normative subsidiarity.” Normative subsidiarity recognizes the legitimate exercise of decision-making authority by national governments in specific contexts as an appropriate instantiation of self-government at that level and, as a result, requires international courts to exercise some deference through appropriately defined judicial standards of review. While a number of international courts have already adopted appropriately deferential standards, I argue that all courts and tribunals engaged in judicial review beyond the state need to address the demands of normative subsidiarity if they want to enhance their specifically democratic legitimacy.

Letschert et al.: Victimological Approaches to International Crimes: Africa

Rianne Letschert, Roelof Haveman, Anne-Marie de Brouwer, & Antony Pemberton have published Victimological Approaches to International Crimes: Africa (Intersentia 2011). The table of contents is here. Here's the abstract:

The last decade of the twentieth century saw the revival of global efforts aimed at attacking some of the most atrocious crimes to mankind. Legal initiatives to prevent genocide, war crimes and crimes against humanity (international crimes)and to punish those most responsible for them took shape at international, regional and national levels.

These commendable legal developments had considerable shortcomings in dealing with victims of international crimes. Victims’ suffering and needs were hardly considered a priority. The establishment of the International Criminal Court changed this to some extent, providing a more comprehensive framework towards addressing victims’ needs through a criminal justice approach.

The peculiar situation of victims of international crimes calls for a holistic approach that links various relevant fields like traumatic stress, the social psychology of group conflict and resolution and the psychology and sociology of legal processes. The latter is important in its own right, but also for the ongoing efforts in transitional and international criminal justice, as it can provide the empirical underpinning of the choices and developments in these fields.

Transcending the disciplinary divisions in the study of victims of international crimes is the main focus of this first volume of essays contributing to developing victimological approaches to international crimes. Focusing on the African continent, scholars from different disciplines review the similarities and differences between victims of ordinary crimes and those of genocide, war crimes and crimes against humanity. As victimological research has mainly focused on the former crimes, the volume provides a much-needed and comprehensive overview of the intricacies of victimisation by international crimes. This endeavour transcends academic interest, as an approach of this kind is essential to mend societies ravaged by genocide, war crimes and/or crimes against humanity.

von Braun: The Domestic Politics of Negotiating International Trade

Johanna von Braun has published The Domestic Politics of Negotiating International Trade: Intellectual Property Rights in US-Colombia and US-Peru Free Trade Agreements (Routledge 2011). Here's the abstract:

The Domestic Politics of International Trade considers the issues surrounding intellectual property rights in international trade negotiations in order to examine the challenges posed to domestic policy-makers by the increasingly broad nature of Free Trade Agreements (FTAs). Throughout the book the author demonstrates the importance of domestic politics in understanding the nature and outcome of international negotiations, particularly as they relate to international economic diplomacy.

The book looks in detail at the intellectual property negotiations which formed part of the US-Peru and US-Colombia Free Trade Agreements and analyses the extent to which public health authorities and other parties affected by the increased levels of intellectual property protection were integrated into the negotiation process. The book then juxtaposes these findings with an analysis of the domestic origins of US negotiation objectives in the field of intellectual property, paying particular attention to the role of the private sector in the development of these objectives. Based on a substantial amount of empirical research, including approximately 100 interviews with negotiators, capital based policy-makers, private sector representatives, and civil society organisations in Lima, Bogotá and Washington, DC, this book offers a rare account of different stakeholders’ perceptions of the FTA negotiation process. Ultimately, the book succeeds in integrating the study of domestic politics with that of international negotiations.

Yackee: The Effects of Democracy on the Foreign Direct Investment Policy Environment

Jason W. Yackee (Univ. of Wisconsin - Law) has posted The Effects of Democracy on the Foreign Direct Investment Policy Environment. Here's the abstract:

In recent years social scientists have begun exploring the links between democracy and inflows of foreign direct investment (FDI). Researchers have spent somewhat less time examining the relationship between democracy and the kinds of FDI policies that may be thought to more directly drive investment decisions. In this Research Note I present a semiparametric statistical analysis of the relationship between democracy and a variety of subjective indicators of the FDI policy environment, including expert perceptions of expropriation risk. My analysis suggests a relationship that is both weaker and more nuanced than might be implied by the existing literature. Marginal increases in democracy appear to be a relatively poor predictor of FDI policy.

Hafner-Burton & Ron: Seeing Double: Human Rights Impact Through Qualitative and Quantitative Eyes

Emilie Marie Hafner-Burton (Univ. of California, San Diego - Graduate School of International Relations and Pacific Studies) & James Ron (Carleton Univ. - School of International Affairs) have posted Seeing Double: Human Rights Impact Through Qualitative and Quantitative Eyes. Here's the abstract:

Over the past two decades, human rights language has spread like wildfire across international policy arenas. The activists who sparked this fire are engaged in two different campaigns. The first is comparatively modest, involving the persuasion of tens of thousands of global elites such as journalists, UN officials, donors, and national political leaders. The second is broader and more complex: to make real impact on the behavior of tens of millions of state agents worldwide. While most international relations scholars agree that the first campaign has made real gains, opinions are split on the success - past, present and future - of the second. In part, these divisions fall along methodological lines. With some exceptions, qualitative scholars working in the empirical international relations tradition express more optimism than their quantitative counterparts, whose contributions to the sub-field are relatively new. This article reviews several new books on human rights and shows how their insights engage with these ongoing methodological debates. We argue that both qualitative and quantitative approaches offer important strengths, and that neither has a monopoly on truth. Still, the human rights discourse may be thriving, at least in part, for reasons unrelated to impact. We conclude with suggestions for more systematic and multi-method research, along with a plea for scholarly attention to the potential downsides of international human rights promotion.

Howse & Langille: Permitting Pluralism: The Seal Products Dispute and Why the WTO Should Permit Trade Restrictions Justified by Non-Instrumental Moral Values

Robert L. Howse (New York Univ. - Law) & Joanna Langille have posted Permitting Pluralism: The Seal Products Dispute and Why the WTO Should Permit Trade Restrictions Justified by Non-Instrumental Moral Values (Yale Journal of International Law, forthcoming). Here's the abstract:

This Article examines the extent to which countries can use animal welfare concerns to justify placing restrictions on international trade, under the law of the World Trade Organization (WTO). We argue that non-instrumental moral and religious concerns should be a legitimate source of trade policy. To make this claim, we examine a current WTO dispute between the European Union (EU), Canada, and Norway. The EU has banned seal products from being sold in the EU, because of animal welfare concerns regarding how the animals are hunted and skinned. Canada and Norway have challenged this regulation at the WTO, arguing that animal welfare is not a legitimate rationale for restricting trade under the law of the WTO. First, we show that animal welfare has long been a motivation for legislation, both in Europe and elsewhere. Second, we demonstrate that the EU measure was taken because of the moral belief that animal welfare should be protected, a belief related both to avoidance of actual suffering of animals and about the appropriate human attitude toward their treatment. Third, we argue that the EU measure does not violate any WTO provisions and, even if it did, it could be justified under the General Exceptions clause (Article XX) of the General Agreement on Tariffs and Trade (the primary source of WTO law). Finally, we argue that the WTO should not deny countries the ability to regulate for moral reasons. If the WTO were to do this, it would risk imposing a secular, materialist, instrumentally rational worldview on its member states. Instead, the WTO should permit pluralism – competing notions of righteousness. – and allow countries to regulate for moral reasons. The EU’s seal products ban should be upheld by the WTO. The WTO legal framework, moreover, must be able to accommodate and accept that animal welfare measures may have at the same time both a utilitarian or instrumental aspect (improving animal welfare outcomes) as well as an expressive aspect, indicating moral opprobrium at the inhumane treatment of animals.

Brewster: The Remedy Gap: Institutional Design, Retaliation, and Trade Law Enforcement

Rachel Brewster (Harvard Univ. - Law) has published The Remedy Gap: Institutional Design, Retaliation, and Trade Law Enforcement (George Washington Law Review, Vol. 80, no. 1, November 2011). Here's the abstract:

One of the major innovations of the World Trade Organization’s (“WTO”) Dispute Settlement Understanding (“DSU”) is the regulation of sanctions in response to violations of trade law. The DSU requires governments to receive multilateral approval before suspending trade concessions and limits the extent of retaliation to prospective damages. In addition, the DSU permits governments to impose only conditional sanctions: sanctions for violations that continue after the dispute resolution process is complete. This enforcement regime creates a remedy gap: governments cannot respond, even to obvious breaches, until the end of the dispute resolution process (and then only to the extent of prospective damages). This gap might not be particularly important if the dispute resolution process were short. In practice, however, the WTO dispute resolution process has proven increasingly time consuming. This Article explores the growth of delays in the WTO dispute resolution process and the increasing significance of the remedy gap. It highlights how the DSU system essentially provides respondent states with an option to violate trade rules for several years without facing trade retaliation. The remedy gap also has counterproductive effects on settlement negotiations: the system gives respondent states few reasons to settle before the end of dispute resolution unless the states are compensated for doing so. Finally, this system may lead frustrated complaining states to subvert the DSU regime by acting outside of the legal framework. This Article discusses several solutions to the remedy gap, most notably creating a procedure where WTO panels can issue preliminary injunctions.

New Volume: Spanish Yearbook of International Law

The latest volume of the Spanish Yearbook of International Law (Vol. 15, 2009) is out. Contents include:

• Björn Arp, Lessons Learned from Spain's Practice bofore the United Nations Human Rights Reporting Mechanisms: Treaty Bodies and Universal Periodic Review
• Carmen Azcárraga Monzonís, International Successions in Spain: The Impact of a New EU Regulation
• Pilar Rodríguez Mateos & Angel Espiniella Menéndez, The Principle of Universal Jurisdiction in Spanish Criminal Practice (2003-2009)
• Jaume Ferrer Lloret, Spanish Practice in Respect of Intercountry Adoption
• Carlos Villán Durán, The Human Right to Peace: A Legislative Initiative from the Spanish Civil Society

Banks: New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare

William C. Banks (Syracuse Univ. - Maxwell School & Law) has published New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare (Columbia Univ. Press 2011). Contents include:

• William C. Banks, Toward an Adaptive International Humanitarian Law: New Norms for New Battlefields
• Geoffrey S. Corn, Extraterritorial Law Enforcement or Transnational Counterterrorist Military Operations: The Stakes of Two Legal Models
• Gregory Rose, Preventive Detention of Individuals Engaged in Transnational Hostilities: Do We Need a Fourth Protocol Additional to the 1949 Geneva Conventions?
• David M. Crane & Daniel Reisner, "Jousting at Windmills": The Laws of Armed Conflict in an Age of Terror - State Actors and Nonstate Elements
• Eric Talbot Jensen, Direct Participation in Hostilities: A Concept Broad Enough for Today's Targeting Decisions
• Daphné Richemond-Barak, Nonstate in Armed Conflicts: Issues of Distinction and Reciprocity
• Hilly Moodrick-Even Khen, Children as Direct Participants in Hostilities: New Challenges for International Humanitarian Law and International Criminal Law
• Renée de Nevers, Private Military Contractors and Changing Norms for the Laws of Armed Conflict
• Robert P. Barnidge Jr., The Principle of Proportionality Under International Humanitarian Law and Operation Cast Lead
• Corri Zoli, Humanizing Irregular Warfare: Framing Compliance for Nonstate Armed Groups at the Intersection of Security and Legal Analyses

Symposium: Our Courts and the World: Transnational Litigation and Civil Procedure

The Southwestern Journal of International Law will host a symposium on "Our Courts and the World: Transnational Litigation and Civil Procedure," on February 3, 2012. The program is here. Here's the idea:

Transnational litigation and procedure is an important and timely topic - it is now taught as a first-year course in several law schools, prominent law firms have established transnational litigation practices and national courts have emerged to play a significant role in responding to cross-border challenges. Several recent high-profile cases have involved international elements, and just last term, the U.S. Supreme Court decided its first personal jurisdiction case involving international elements in over 25 years. From personal jurisdiction, forum non coveniens and conflicts of laws to interjurisdictional preclusion and enforcement of foreign judgments, a number of important procedural issues now commonly arise in transnational civil litigation cases.

New Issue: Journal of International Wildlife Law & Policy

The latest issue of the Journal of International Wildlife Law & Policy (Vol. 14, nos. 3-4, July-December 2011) is out. Contents include:

• Special Issue: The Fortieth Anniversary of the Ramsar Convention on Wetlands
• Anada Tiéga, Ramsar Convention on Wetlands: 40 Years of Biodiversity Conservation and Wise Use
• C. Max Finlayson, Nick Davidson, Dave Pritchard, G. Randy Milton & Heather MacKay, The Ramsar Convention and Ecosystem-Based Approaches to the Wise Use and Sustainable Development of Wetlands
• Nick Davidson & David Coates, The Ramsar Convention and Synergies for Operationalizing the Convention on Biological Diversity's Ecosystem Approach for Wetland Conservation and Wise Use
• Ruth Cromie, Nick Davidson, Colin Galbraith, Ward Hagemeijer, Pierre Horwitz, Rebecca Lee, Taej Mundkur & David A. Stroud, Responding to Emerging Challenges: Multilateral Environmental Agreements and Highly Pathogenic Avian Influenza H5N1
• Ornella Ferrajolo, State Obligations and Non-Compliance in the Ramsar System
• Marcela Bonells & Monica Zavagli, National Ramsar/Wetlands Committees Across the Six Ramsar Regions: Diversity and Benefits
• Matthew McCartney, Lisa-Maria Rebelo, Everisto Mapedza, Sanjiv de Silva & C. Max Finlayson, The Lukanga Swamps: Use, Conflicts, and Management

Townsend: Epilogue to Hotel Rwanda

Gregory Townsend (Office of the Prosecutor, Special Tribunal for Lebanon) has posted an ASIL Insight on Epilogue to Hotel Rwanda.

Feichtner: The Law and Politics of WTO Waivers: Stability and Flexibility in Public International Law

Isabel Feichtner (Johann Wolfgang Goethe-Universität Frankfurt) has published The Law and Politics of WTO Waivers: Stability and Flexibility in Public International Law (Cambridge Univ. Press 2011). Here's the abstract:

Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international law.

Scalia: Le droit international pénal à l'épreuve de la légalité des peines

Damien Scalia (l’Université de Grenoble) has published Le droit international pénal à l'épreuve de la légalité des peines (Bruylant 2011). Here's the abstract:

Le principe de légalité des peines, formulé par les Philosophes des Lumières en référence à des critères formels, est un principe fondamental du droit pénal. Aujourd’hui défini en fonction de critères matériels (prévisibilité, accessibilité et qualité du droit), il a toujours pour objectif de garantir les libertés individuelles et la sécurité juridique. Le droit international pénal tel qu’appliqué par les juridictions internationales pénales (Tribunaux pénaux internationaux pour l’ex-Yougoslavie et pour le Rwanda et Cour pénale internationale) n’échappe pas à l’obligation de respecter la légalité des peines ; et ce d’autant plus que la seule sanction prononçable au niveau international (l’emprisonnement) atteint un bien juridique protégé des plus essentiels : la liberté. Le présent ouvrage démontre, dans une première partie, le non-respect de la légalité des peines par ces juridictions internationales. L’auteur explique dans une seconde partie que ce manquement est dû à plusieurs causes, notamment au silence des sources du droit international pénal sur les peines, à l’incohérence jurisprudentielle, mais aussi aux objectifs inadéquats attribués à l’heure actuelle à ce droit. Dès lors, s’impose une nécessaire redéfinition des objectifs et finalités que le droit international pénal entend atteindre et la mise en place d’un code international pénal énonçant les peines encourues pour chacune des infractions. Ces aménagements essentiels découlent du fait que l’outil pénal appliqué en droit international a parfois servi non pas les buts qui devaient être les siens, mais ceux que certains voulaient lui donner.

Subramanian & Mattoo: China and the World Trading System

Arvind Subramanian (International Monetary Fund) & Aaditya Mattoo (World Bank) have posted China and the World Trading System. Here's the abstract:

Until recently, the World Trade Organization (WTO) has been an effective framework for cooperation because it has continually adapted to changing economic realities. The current Doha Agenda is an aberration because it does not reflect one of the biggest shifts in the international economic and trading system: the rise of China. Even though China will have a stake in maintaining trade openness, an initiative that builds on but redefines the Doha Agenda would anchor China more fully in the multilateral trading system. Such an initiative would have two pillars. First, a new negotiating agenda that would include the major issues of interest to China and its trading partners, and thus unleash the powerful reciprocal liberalization mechanism that has driven the WTO process to previous successes. Second, new restraints on bilateralism and regionalism that would help preserve incentives for maintaining the current broad non-discriminatory trading order.

New Issue: International Arbitration Law Review

The latest issue of the International Arbitration Law Review (Vol. 14, no. 5, 2011) is out. Contents include:

• Thierry Berger & Mark Robertson, The new ICC Rules of Arbitration: a brief overview of the main changes
• Hong-Lin Yu, How far can party autonomy be stretched in setting the grounds for the refusal of arbitral awards?
• Charles Kotuby Jr, ‘Other international obligations’ as the applicable law in investment arbitration
• Sanja Djajic, Contractual claims in treaty-based arbitration – with or without umbrella and forum selection clauses
• Judy Zhu, China’s CIETAC Arbitration – New Rules under review
• Richard Smith, Angeline Welsh & Manish Aggarwal, Jivraj v Hashwani – the UK Supreme Court overturns a controversial Court of Appeal ruling on arbitration
• Luis Fernando Bermejo, Mandatory ICC provision in Guatemala’s Arbitration Law is declared unconstitutional by the Constitutional Court of Guatemala

New Issue: Journal of International Humanitarian Legal Studies

The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 2, no. 1, 2011) is out. Contents include:

• Christina M. Cerna, The History of the Inter-American System's Jurisprudence as Regards Situations of Armed Conflict
• Justine N. Stefanelli & Sarah Williams, Disaster Strikes: Regulatory Barriers to the Effective Delivery of International Disaster Assistance within the EU
• Allison Anderson, Jennifer Hofmann, & Peter Hyll-Larsen, The Right to Education for Children in Emergencies
• Valerie Oosterveld, Forced Marriage and the Special Court for Sierra Leone: Legal Advances and Conceptual Difficulties