University of Hull
Law School
MCCOUBREY CENTRE FOR INTERNATIONAL LAW
2nd Conference for Research Students and Early Career Researchers:
‘Making International Custom More Tangible’
2 & 3 July 2015
Keynote Speaker:
Sir Michael Wood
Special Rapporteur of the International Law Commission on the
Formation and Evidence of Customary International Law
The McCoubrey Centre for International Law is hosting its second conference for research students and early career scholars. The conference will address questions surrounding the enduring, and yet topical issue of customary international law.
The role and function of custom has provided fertile ground for academic debate for as long as States have existed – and for even longer if one considers that this is a concept inherent in all societies. Every student of international law must come quickly to terms with the complexities of how customary international law is made, understand the meaning and significance of authoritative decisions of international tribunals, and become familiar with the vast and varied literature on the subject. Equally, commentators and practitioners must become adept at turning such understanding to their advantage when applying it to concrete questions about the substance of international law. Although custom is absolutely necessary, it remains a problematic source of international law, and one which offers little legal certainty.
In 2012, the International Law Commission placed the topic of ‘Formation and Evidence of Customary International Law’ on its agenda, with the aim of addressing the ‘methodological question of the identification of existence and content of the rules of customary international law’. In 2014, the ILC examined 11 draft conclusions produced by its Special Rapporteur, Sir Michael Wood. Whilst there was general agreement about the two-element approach to custom, a number of other important questions were raised for consideration:
- How should practice from different parts of the world be treated?
- How much reliance should be placed upon the jurisprudence of the ICJ?
- When a rule of custom is disputed, who has the burden of proof?
- What meaning attaches to the constituent elements of custom?
- What role do international organisations play in the process?
- What does opinio juris mean?
- How do we account for ‘deviant’ State practice?
Beyond these specific questions, more general and, perhaps, fundamental questions about the function of customary international law persist. For example, what is the appropriate methodology for the study and identification of custom? Is it truly a source of positive international law? How does it relate to and/or interact with other sources of international law? From where does the normative power of custom stem? Is the theory of persistent objection a valid international law rule – and, if so, what is its practical effect? What does sive necessitatis mean with regard to opinio juris? What are the roles of judges and courts/tribunals in custom making? Is regional custom a source of fragmentation in the international legal order? Is the process of custom-making common to all regimes of international law? In what way do human rights have an impact on the development of custom? Is custom one of the ingredients of the constitutionalisation of international law? Does custom still exert a universalising force? To what extent can custom generate the carefully calibrated or differentiated rules of law required by the international community? Can rules of custom originating in behavioural patterns secure compliance during their formative (and summative) stages? How can other disciplines contribute to our understanding of custom in international law?
The principal aims of the McCoubrey Centre Conference are to promote wider debate on the issues being addressed by the ILC, to stimulate research on the topic by younger academics, and to contribute to a wider understanding of the foundations and function of customary international law in the 21st century.
In light of the above, the conference themes are:
- What role can and should custom play in the making of international law?
- The normative foundations of custom (i.e. what makes custom law)
- Evidential requirements for customary international law (e.g. constituent elements, context, and burden of proof)
- The role of national and international courts in the creation of customary rules
- The role of non-State actors in the development of customary international law
- Regional variations in the process/content of customary international law
- Variations in the ‘method’ of customary international law in different fields/regimes of international law
- Interdisciplinary approaches to custom
In addition to considering these themes, proposals are welcomed on other topics, including: the scope of the ILC’s programme; the changing function of custom; the relationship between custom and other sources of international law, and the place of custom in the theories of international law.
All panels will be chaired by leading academics, who will be invited to comment on the papers.
Submissions:
Interested participants should provide an abstract of no more than 500 words by 15 February 2015. Abstracts shall be uploaded on the conference’s webpage at [www.hull.ac.uk/mccoubrey2015]. If you wish to discuss topics or ideas informally please contact Dr. Vassilis P. Tzevelekos at [v.tzevelekos@hull.ac.uk].
Speakers will be informed of acceptance of their papers by 6 March 2015, and will be expected to submit either a full or outline paper by 1 June. Presentations should be no longer than 20 minutes in duration.
Speakers will be required to pay a £20 conference participation fee, and will also be required to meet the cost of travel and accommodation.
Selected papers will appear in a volume edited by the McCoubrey Centre for International Law.
Timeline:
Abstract submission by: 15 February 2015
Selection of papers by: 6 March 2015
Submission of conference papers by: 1 June 2015
Organising Committee:
Professor Richard Barnes, Professor Lindsay Moir, Dr. Vassilis P. Tzevelekos, Dr Carmino Massarella, Ms Mercedes Rosello.
Wednesday, December 10, 2014
Call for Papers: Making International Custom More Tangible
2015 Lauterpacht Memorial Lectures
Tuesday, December 9, 2014
Special Issue: The International Criminal Court – A Site of Gender Justice
- Special Issue: The International Criminal Court – A Site of Gender Justice
- Louise Chappell & Andrea Durbach, Introduction: The International Criminal Court: A Site of Gender Justice?
- Fatou Bensouda, Foreword: Gender Justice and the ICC: Progress and Reflections
- Andrea Durbach & Louise Chappell, Leaving Behind the Age of Impunity: Victims of Gender Violence and the Promise of Reparations
- Valerie Oosterveld, Constructive Ambiguity and the Meaning of “Gender” for the International Criminal Court
- Jonneke Koomen, Language Work at International Criminal Courts
- Rosemary Grey, Sexual Violence against Child Soldiers: The Limits and Potential of International Criminal Law
- Fionnuala Ní Aoláin, Gendered Harms and their Interface with International Criminal Law: Norms, Challenges and Domestication
- Louise Chappell, Andrea Durbach & Judge Elizabeth Odio Benito, Judge Odio Benito: A View of Gender Justice From the Bench
- Louise Chappell & Brigid Inder, Advocating for International Gender Justice: A Conversation with Brigid Inder
- Sari Kouvo, Review Essay: Feminism, Gender and International (Criminal) Law: From Asking the “Woman Question” in Law to Moving Beyond Law
Ikenberry: Power, Order, and Change in World Politics
- G. John Ikenberry, Introduction
- Charles A. Kupchan, Unpacking hegemony: the social foundations of hierarchical order
- David A. Lake, Dominance and subordination in world politics: authority, liberalism, and stability in the modern international order
- G. John Ikenberry, The logic of order: Westphalia, liberalism, and the evolution of international order in the modern era
- William C. Wohlforth, Hegemonic decline and hegemonic war revisited
- Jonathan Kirshner, Gilpin approaches War and Change: a classical realist in structural drag
- Michael Mastanduno, Order and change in world politics: the financial crisis and the breakdown of the US-China grand bargain
- Daniel Deudney, Hegemony, nuclear weapons, and liberal hegemony
- Barry Buzan, Brilliant but now wrong: a sociological and historical sociological assessment of Gilpin's War and Change in World Politics
- John A. Hall, Nations, states, and empires
Ramcharan: International Peace Conferences
This book has emerged out of the author's experience as Director of an innovative peacemaking, peacekeeping and humanitarian initiative, the International Conference on the Former Yugoslavia, between 1992 and 1996. What was striking about this conference was the experiment of two full-time Co-Chairmen, one from the United Nations and one from the European Union, who laboured tirelessly for peace in different parts of the former Yugoslavia for three and a half years. The strategies and organization of the conference had to be pieced together from the start by the Co-Chairmen and their colleagues; only in retrospect could the question whether there might have been experiences of international peace conferences that might have been useful at the beginning of this process be reviewed. This research is contained in Part One of this book, which offers a review of the role of international peace conferences in history. Part Two contains a case study of the strategies and experiences of the International Conference on the Former Yugoslavia.
Hobér & Sussman: Cross-Examination in International Arbitration
Opportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners.
An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, need to know what will happen and how it will differ in order to adapt their conduct. Hober and Sussman explore the challenges practitioners face when conducting a cross-examination in such an environment and provide practical learning aids to help overcome them. Cross Examination in International Arbitration addresses the common issues that can occur in cross-examination in arbitrations such as adjusting the level of English to consider the competency of the panel's least competent member or how to cross-examine a witness with only the use of a written statement rather than by means of oral direct testimony. By highlighting the common challenges which might arise, the authors present a guide which will benefit those practicing or looking to practice in this field.
Fakhri: Sugar and the Making of International Trade Law
This book traces the changing meanings of free trade over the past century through three sugar treaties and their concomitant institutions. The 1902 Brussels Convention is an example of how free trade buttressed the British Empire. The 1937 International Sugar Agreement is a story of how a group of Cubans renegotiated their state's colonial relationship with the US through free trade doctrine and the League of Nations. And the study of the 1977 International Sugar Agreement maps the world of international trade law through a plethora of institutions such as the ITO, UNCTAD, GATT and international commodity agreements – all against the backdrop of competing Third World agendas. Through a legal study of free trade ideas, interests and institutions, this book highlights how the line between the state and market, domestic and international, and public and private is always a matter of contest.
Monday, December 8, 2014
Shan & Su: China and International Investment Law: Twenty Years of ICSID Membership
- Meg Kinnear, ICSID and International Investment Treaty Arbitration: Progress and Prospects
- M Sornarajah, The Past, Present and Future of the International Law on Foreign Investment
- Ernst-Ulrich Petersmann, Judicial Administration of Justice in Multilevel Commercial, Trade and Investment Adjudication?
- Chester Brown, The Development by States of Model Bilateral Investment Treaties
- Hamamoto Shotaro, Protection of the Investor’s Legitimate Expectations: Intersection of a treaty obligation and a general principle of law
- Yongjie Li, Factors to be Considered for China’s Future Investment Treaties
- Norah Gallagher, China’s BIT’s and Arbitration Practice: Progress and Problems
- Martin Endicott, China and International Investment Law: An Evolving Relationship
- Nils Eliasson, The Chinese Investment Treaty Programme, Jurisdictional Challenges and Investment Planning: The Example of Chinese Outbound Investments in the Natural Resources Sector
- Eric Pekar, The Chinese Investment Regime and the US-China BIT Negotiations
- Marc Bungenberg & Catharine Titi, The Evolution of EU Investment Law and Future of EU-China Investment Relations
- Leon E Trakman, Instituting Investment Claims under the Trans-Pacific Partnership Agreement
- Mark Feldman, Joint Interpretations under a Divided TPP Investment Chapter
New Additions to the UN Audiovisual Library of International Law
Shackelford: Managing Cyber Attacks in International Law, Business, and Relations: In Search of Cyber Peace
This book presents a framework to reconceptualize internet governance and better manage cyber attacks. It examines the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of cyber attacks to light and comparing and contrasting the threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering issues in law, science, economics and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.
New Issue: International Relations
The latest issue of International Relations (Vol. 28, no. 4, December 2014) is out. Contents include:- Richard Ned Lebow, What can International Relations Theory learn from the origins of World War I?
- Nazya Fiaz, Manufacturing a ‘Muted Public Reaction’: Pakistani political discourse in the wake of 9/11
- Adrian Gallagher, What constitutes a ‘Manifest Failing’? Ambiguous and inconsistent terminology and the Responsibility to Protect
- Forum: The expansion of international society after 30 years: Views from the European periphery
- Filip Ejdus, Introduction
- Filip Ejdus, Entry into international society: Central and South East European experiences
- Alexandra Gheciu, Remembering the Roman past, building a European future
- Jozef Bátora, Lost in translatio imperii: Slovakia’s layered entry into international society
- Filip Ejdus, The long shadow of Byzantium over Serbia’s entry into international society
- Einar Wigen, Go West! Turkey’s entry into international society
Call for Papers: Taming Power in Times of Globalization: What Role for Human Rights?
Call for Papers
Conference-workshop
Taming Power in Times of Globalization:
What Role for Human Rights?
Monday, 30 November 2015, and Tuesday, 01 December 2015.
Irish Centre for Human Rights
National University of Ireland Galway
Galway, Ireland
The ways power is exercised today at the global level seems to be qualitatively different, demanding new responses from international law and other relvant disciplines. In particular, it seems that today the exercise of power at the global level is less controllable, less subject to restraints and checks than some decades ago. Global governance, international or global constitutionalism, legal pluralism are terms indicating some of the ways developed in the scholarship to comprehend, analyse and respond to challenges posed by the contemporary forms of exercise of power at the global level.
Human rights are featured prominently in the Western thought as hallmarks of protection of individuals against the arbitrary exercise of power.
Human rights form today a core of any Western constitutional order. However, the role of international human rights as mechanisms for controlling exercise of power at the global level is articulated only rudimentarily. The conference aims at providing a forum for discussion about the place of human rights in current discourses on globalization. Instead of assuming that human rights are a proof of the possibility to control power at the global level, the conference aims at examining this premise from a variety of perspectives.
The following are some of the questions the organizers would like to see addressed.
- What human rights are part of international constitutional order?
- How legal pluralism/global governance/various theories of constitutionalism conceive the role of human rights as a mechanism for limiting exercise of power at the global level?
- What are the consequences of different answers?
- How precisely human rights as guarantees against arbitrary exercise of power function within different visions?
- Are there any alternatives available to the human rights language?
- Can other mechanism of control over arbitrary exercise of power at the international/global level be imagined?
Contributions can address these and other related issues from a variety of perspectives, both theoretical and empirical. Critical and interdisciplinary approaches are particularly encouraged. Contributions examining relavant issues from a historical perspective, or integrating experience of non western legal traditions are also welcome.
Contributions will be selected following a peer-review process. The selection will be based on the following criteria: relevance to the conference theme, originality, overall coherence of selected papers with a view of producing engaging discussion. The organizers have publication plans for the presented papers. The precise format of publication will be discussed during the conference. Therefore, all selected contributions must be original and not published elsewhere. All presenters will be required to submit full papers in advance.
Accommodation for presenters will be provided. There are limited funds available to cover travel expenses. Please indicate while applying whether you would like to be considered for reimboursment of travel expenses and indicate if possible the approximate amount.
Submission guidelines:
Abstracts should be no more than 500 words long; contain the name, institutional affiliation and contact details of the author; indicate a title of the presentation, questions to be addressed, methodology and overal approach. Abstracts should be sent by 15 March 2015 in Word format to Ekaterina Yahyaoui ekaterina.yahyaoui@nuigalway.ie and Zoi Aliozi zoi.aliozi@nuigalway.ie
For inqueries, please contact Dr Zoi Aliozi at zoi.aliozi@nuigalway.ie
Important dates:
Abstract submission: 15 March 2015
Communication of decisions: 10 April 2015
Submission of draft papers: 1 November 2015
*****
The conference is part of the project led by Dr Ekaterina Yahyaoui Krivenko entitled ‘International Protection of Human Rights as a Constitutional Issue: Problems, Prospects and Promises’ finacially supported by the People Programme (Marie Curie Actions) of the EU’s 7th Framework Programme (FP7/2007-2013) under REA grant agreement No PCIG13-GA-2013-618183
*****
Nouwen & Werner: Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity
Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present five examples of alternative conceptions of justice that in fact have been side-lined: the restoration of relationships, putting an end to on-going violence, redistribution, non-criminal law forms of punishment and equality. However, international criminal law’s monopolization of discourses of justice threatens not only alternative conceptions of justice, but also international criminal law itself. It frustrates one of its main aims: the protection of diversity.
Sunday, December 7, 2014
Sobel-Read: Global Value Chains: A Framework for Analysis
The paradigm of the world political economy has shifted dramatically over the past twenty years. Legal scholarship, however, lags significantly behind. Existing legal scholarship is calibrated to an outdated model that suggests that multinational corporations – either individually or through one-to-one supplier relationships – create, manufacture, and sell a given product. But in today’s world, in what have been termed “global value chains,” the research, design, production, and retail of most products take place through coordinated chain components that stretch systemically across multiple – from a few to a few thousand – firms. This reconfiguration of the global political economy poses challenges to conventional legal disciplinary boundaries, from Contract Law to Corporate Law to International Law as well as to, among others, Antitrust Law and Intellectual Property Law: none is able to explain or guide these complex new relationships inherent in contemporary global production.
This article is the first to integrate into U.S. legal scholarship the fundamental insights of the robust and multidisciplinary body of academic literature on global value chains. Through these insights, the article stakes new ground that is essential for advancing legal scholarship, including: (1) uncovering novel forms of legal relationships that are emerging between firms in global value chains; (2) showing how Contract Law and Corporate Law are necessarily mutually constitutive in global value chain systems; (3) revealing how the linkages – subject to different legal regimes – within global value chains have become the primary conduit for a multitude of commercially critical transfers, encompassing not only capital but also, importantly, knowledge and technology, including intellectual property; and (4) demonstrating the need to reframe existing legal debates which have remained focused on narrower questions regarding transnational corporate conduct and as such have been limited to determining, for instance, the types of rules that affect corporate behavior (e.g., public regulation versus private governance) or the most pertinent location of the relevant rule-maker and/or dispute-resolver (i.e., jurisdictional questions of domestic law versus international law).
Beginning with global value chains as the unit of analysis and drawing on each of the many applicable legal disciplines as appropriate, this article is seminal in setting forth the ongoing paradigm shifts taking place in the global political economy together with their relevant legal phenomena; at the same time, it is significant for opening opportunities for legal scholars to gauge and engage in normative interventions across multiple legal disciplines impacting both national and international law.
Hilpold: The Responsibility to Protect (R2P): A New Paradigm of International Law?
- Peter Hilpold, From Humanitarian Intervention to the Responsibility to Protect
- Alex J. Bellamy, The Responsibility to Protect: A Wide or Narrow Conception?
- Peter Hilpold, R2P and Humanitarian Intervention in a Historical Perspective
- Krista Nakavukaren Schefer & Thomas Cottier, Responsibility to Protect (R2P) and the Emerging Principle of Common Concern
- Peter-Tobias Stoll, The Responsibility to Protect: One-time Incentive or Lasting Advancement for International law?
- Hans-Georg Dederer, ‘Responsibilty to Protect’ and ‘Functional Sovereignty’
- Karin Oellers-Frahm, Responsibility to Protect: Any New Obligations for the Security Council and Its Members?
- Enzo Cannizzaro, Responsibility to Protect and the Competence of the un Organs
- Andrea Gattini, Responsibility to Protect and the Responsibility of International Organizations
- Stefan Kadelbach, The European Union’s Responsibility to Protect
- Martina Caroni & Corinna Seiberth, From Gender-Blind to Gender-Sensitive: The Relevance of the UN Women, Peace, and Security Agenda for Operationalizing Responsibility to Protect
- Fernand de Varennes, R2P and the Protection of Minorities
- Manfred Nowak, Karolina Miriam Januszewski &Jane Alice Hofbauer, R2P and the Prohibition of Torture
- Hans-Joachim Heintze, Responsibility to Protect and the Protection of Persons in the Event of Disasters
- Federico Lenzerini, R2P and the ‘Protection’ of Indigenous Peoples
- Lotta Viikari, Responsibility to Protect and the Environmental Considerations A Fundamental Mismatch or the Way Forward?
- Oliver Diggelmann, Ethical Dilemmas Connected with the “Responsibility to Protect”
- Carlo Focarelli, The Responsibility to Protect in the Global System
Saturday, December 6, 2014
New Volume: British Yearbook of International Law
- Eliav Lieblich & Yoram Shachar, Cosmopolitanism at a Crossroads: Hersch Lauterpacht and the Israeli Declaration of Independence
- Asif Hameed, Unravelling the Mystery of Jus Cogens in International Law
- Jean d’Aspremont, The Idea of ‘Rules’ in the Sources of International Law
- Robert Kolb, The Jurisprudence of the Yugoslav and Rwandan Criminal Tribunals on their Jurisdiction and on International Crimes (2004-2013)
- Alex Mills, Rethinking Jurisdiction in International Law
- Helen Quane, Silence in International Law
- Daniel Peat, The Use of Court-Appointed Experts by the International Court of Justice
- Sahib Singh, Narrative and Theory: Formalism’s Recurrent Return
Friday, December 5, 2014
New Issue: Kokusaihō gaikō zasshi / Journal of International Law and Diplomacy
- Ryo Yamamoto, The Function of Soft Law in International Legal Process
- Shin Hae Bong, Procedural Obligations as Positive Obligations to Protect Human Rights: Development of Jurisprudence Concerning Effective Investigation into Human Rights Violations
- Satoshi Yamamoto, The Multi-Stage Structure and the Character of Decision in Refugee Status Determination: The Placement and the Function of Benefit of the Doubt Element
New Volume: Italian Yearbook of International Law
- Symposium: International Investment Regulation: Trends and Challenges
- Francesco Francioni, Foreign Investments, Sovereignty and the Public Good
- Jorge E. Viñuales, Customary Law in Investment Regulation
- Ernst-Ulrich Petersmann, “Fragmentation” of International Law as a Strategy for Reforming International Investment Law
- Pia Acconci, The “Unexpected” Development-Friendly Definition of Investment in the 2013 Resolution of the Institut de Droit International
- Eduardo Savarese, The Coherence of EU Law: The Promotion of Investments vs. The Protection of Human Rights
- Anna De Luca, Transfer Provisions of BITs in Times of Financial Crisis
- Alfredo Rizzo, Legal Foundations of the Competence of the European Union on Foreign Direct Investments
- Ferdinando Franceschelli, Protecting Italian Investments In Libya’s Changing Environment
- Articles
- Alessandra Annoni, International Action Against Piracy and Armed Robbery at Sea Off the Coast of Somalia
- Alessandro Chechi, The Gurlitt Hoard: An Appraisal of the Role of International Law with Respect to Nazi-Looted Art
- Federico Casolari, Respect for the Rule of Law in a Time of Economic and Financial Crisis: The Role of Regional International Organizations in the Hungarian Affaire
- Notes and Comments
- Marco Gestri, The Shalabayeva Case: Issues of International and EU Law
- Valentina Spiga, Effective Limitations and Illusory Rights: A Comment on the Mothers of Srebrenica Decision of the European Court of Human Rights
- Christine Bakker, Dual Attribution of Acts Committed by a UN Peacekeeping Force: An Emerging Norm of Customary International Law? The Dutch Supreme Court’s Judgments in Nuhanoviç and Mustafić
- Benedetta Ubertazzi, Non-Governmental Organizations and the 2013 Session of the UNESCO Intangible Cultural Heritage Committee
Call for Papers: In Whose Name? On the Legitimacy of International Adjudication
Call for Papers
In Whose Name?
On the Legitimacy of International Adjudication
Agora Proposal for the ESIL Annual Conference
“The Judicialization of International Law - A Mixed Blessing?”
Oslo, 10–12 September 2015
In whose name do courts decide? Many domestic courts provide an answer in the opening words of their decisions. They routinely evoke the source of their legitimacy right at the start. When it comes to international courts and tribunals, we find nothing comparable. International courts and tribunals do not say in whose name they speak the law. What is the source of their legitimacy?
Answers may vary: Understood as instruments in the hands of disputing states, international courts and tribunals speak “In the Name of the Parties”. As organs of the value-based international community, they decide in “In the Name of the Community”. As regime institutions in an interdependent world, they tend to decide “In the Name of the Regime”. Besides, there may also be compromise formulas, such as “In the Name of the International Community of States”. Understood, finally, as multifunctional actors who exercise public authority, international courts and tribunals might speak “In the Name of Peoples and Citizens”. Which answer is compelling? Which other formulas are plausible and possibly preferable?
The normative assessment of the judicialization of international law, we submit, may find profound guidance from the question in whose name international courts and tribunals decide. The question cuts to the core of inquiries into legitimacy. We invite paper proposals that set out to fill the void at the beginning of international judicial decisions. What is the source of legitimacy of international adjudication? We invite any critique or comparison of different answers, or even a critique of the question itself.
With the help of this CfP, we wish to form a proposal for an agora at the ESIL Annual Conference in Oslo. Hélène Ruiz Fabri (MPI Luxembourg & Université de la Sorbonne) would act as the agora’s Chair. For more information about the ESIL Annual Conference 2015, see here. Proposals for papers can be submitted either in English or French.
Please submit your paper proposal of less than 800 words and a CV (including your affiliation and contact information) to esilpanel2015@mpil.de. The deadline is 15 January 2015. The Max Planck Institute for Comparative Public Law and International Law will cover participants’ customary expenses for travel and accommodation. Submissions will receive a response by 22 January.
Armin von Bogdandy & Ingo Venzke
New Issue: Revista Española de Derecho Internacional
The latest issue of the Revista Española de Derecho Internacional (Vol. 66, no. 2, 2014) is out. Contents include:- Estudios
- Rosa María Riquelme Cortado, Entrada en vigor de los Protocolos Facultativos del Pacto Internacional de derechos económicos, sociales y culturales y de la Convención sobre los Derechos del Niño relativos a un procedimiento de comunicaciones
- María del Pilar Diago Diago, El matrimonio y su crisis ante los nuevos retos de la autonomía de la voluntad conflictual
- Margarita Robles Carrillo, El principio de jurisdicción universal: estado actual y perspectivas de evolución
- Francisco José Pascual Vives, Consenso e interpretación evolutiva de los tratados regionales de derechos humanos
- Notas
- Ana Manero Salvador ¿Gobernanza o desgobierno en las relaciones económicas internacionales?
Thursday, December 4, 2014
New Volume: Inter-American and European Human Rights Journal
The latest volume of the Inter-American and European Human Rights Journal (Vol. 7, 2014) is out. Contents include:
- J. Davis, Resuscitating Justice: The Inter-American Court Confronts the Entrenched Impunity of National Amnesty Laws
- N. Kyriakou, An Affront to the Conscience of Humanity: Enforced Disappearances in the Case Law of the Inter-American Court of Human Rights
- G. De León, Contributions and Challenges for the Inter American Court of Human Rights for the Protection of Migrants’ Rights: The Case of Vélez Loor v. Panama
- Á. Paúl, Examining Atala-Riffo and Daughters v. Chile, the First Inter-American Case on Sexual Orientation, and Some of its Implications :
- R.I. Sijniensky & N.A. Aizenstatd, Towards a Uniform Basis for the Right to Identity in the Normative Framework of the American Convention on Human Rights
- L. Lavrysen, Positive Obligations in the Jurisprudence of the Inter-American Court of Human Rights
- G. D’avino, D. Fanciullo, A. Iermano, A. Martone, & R. Palladino, The Independence and Impartiality in the Inter-American Court’s Jurisprudence: The Specific Case of Judges’ Arbitral Removal
- L. Ayres França, The Inter-American Court of Human Rights’ Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil Judgment and the Brazilian Federal Supreme Court Judgment on the Constitutionality and Conventionality of the 1979 Amnesty Law
- N. Pons & D. Đukić, Perspectives on the Interplay between the Inter-American Court of Human Rights and the International Criminal Court
- D. Contreras-garduno & J. Fraser, The Identification of Victims before the Inter-American Court of Human Rights and the International Criminal Court and its Impact on Participation and Reparation: A Domino Effect?
- H. De Vylder, The Territorial Scope of the American Convention on Human Rights
- S. Vannuccini, Member States’ Compliance with the Inter-American Court of Human Rights’ Judgments and Orders Requiring Non-Pecuniary Reparations
- V. David, The Inauguration of the Inter-American Defenders’ Era: Reflections after the Furlan Case
New Issue: Journal of World Investment & Trade
- Stephan W. Schill, Editorial: Towards a Normative Framework for Investment Law Reform
- Special Issue: Towards Better Bits? - Making International Investment Law Responsive to Sustainable Development Objectives
- Andreas R. Ziegler, An Introduction
- Anne-Juliette Bonzon, Balance Between Investment Protection and Sustainable Development in BITs
- Anne van Aaken, Smart Flexibility Clauses in International Investment Treaties and Sustainable Development
- Laurence Boisson de Chazournes & Brian McGarry, What Roles Can Constitutional Law Play in Investment Arbitration?
- Faraz Rojid & Maria del Carmen Vasquez, Investment Law and Poverty: Continuing the Debate through UNCTAD’s Investment Policy Framework for Sustainable Development
- Krista Nadakavukaren Schefer, Poverty and Investment Law: Starting the Discussion
- Tarcisio Gazzini, Bilateral Investment Treaties and Sustainable Development
- Jonathan Bonnitcha, Investment Treaties and Transition from Authoritarian Rule
New Issue: The Law and Practice of International Courts and Tribunals
The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 13, no. 3, 2014) is out. Contents include:- Abel S. Knottnerus, Extraordinary Exceptions at the International Criminal Court: The (New) Rules and Jurisprudence on Presence at Trial
- Gabriela A. Oanta, The International Tribunal for the Law of the Sea and the Polar Regions
- Simone Vezzani, icann’s New Generic Top-Level Domain Names Dispute Resolution Procedure Viewed Against the Protection of the Public Interest of the Internet Community: Litigation Regarding Health-Related Strings
Wednesday, December 3, 2014
Inaugural Issue: Revista Latinoamericana de Derecho Internacional
- Analía Banfi Vique & Sofía Galván Puente, Los derechos de las personas con discapacidad y la Comisión Interamericana de Derechos Humanos
- Christine Gray, Asesinatos selectivos: intentos recientes de los Estados Unidos de crear un marco jurídico (traducción)
- Martti Koskenniemi, La política del Derecho internacional (traducción)
- Martti Koskenniemi, La política del Derecho internacional, 20 años después (traducción)
- Máximo Langer, La diplomacia de la jurisdicción universal: los poderes políticos y la persecución transnacional de los crímenes internacionales (traducción)
- Fabián Raimondo, En busca de un método apropiado para solucionar la controversia sobre las Islas Malvinas
- Entrevista a Luis Moreno Ocampo
Workshop: International Investment Law and History
