The outcome of a dispute may greatly depend on the rules determined to be applicable. International investment arbitration does not differ from other arbitral procedures: the principle of party autonomy is the primary rule governing the arbitration. Only in the absence of a choice of law, arbitrators are entitled to exercise a certain degree of discretion in the determination of the applicable law. But, what are the solutions adopted in the absence of such choice? What are the interactions between the different legal systems involved (i.e., domestic and international law)? Moreover, given the new European Union competence over foreign investments, can EU law be deemed applicable to the resolution of a dispute?
Saturday, April 15, 2017
Conference: The Law Applicable to International Investment Disputes
New Volume: Japanese Yearbook of International Law
- Half a Century with the International Covenants on Human Rights: Long-Term Impacts on the World: Part One
- Kaoru Obata, Overview of a Half-Century of International Covenants on Human Rights; Inter-State Cooperation as the Original Infrastructure and Autonomous Institutionalization
- Andrew Byrnes, Whose International Law Is It? Some Reflections on the Contributions of Non-State Actors to the Development and Implementation of International Human Rights Law
- Shin Hae-Bong, Toward a Holistic Understanding and Implementation of Human Rights: Development of Norms and Practice under the International Covenant on Economic, Social and Cultural Rights
- Antoine Buyse, Echoes of Strasbourg in Geneva — The Influence of ECHR Anti-Torture Jurisprudence on the United Nations Human Rights Committee —
- Yasuzo Kitamura, The Influence of the International Covenant on Civil and Political Rights on Prisoners’ Rights and Criminal Justice in Contemporary Japan
- Teraya Koji, The Impact of the International Covenants on Human Rights on the Rights of Foreigners in Japan
- Unilateralism and Multilateralism in Regulating Cross-Border Business Transactions: Part One
- Ralf Michaels, Towards a Private International Law for Regulatory Conflicts?
- Tadashi Shiraishi, Customer Location and the International Reach of National Competition Laws
- Keigo Fuchi, Unilateralism, Bilateralism, and Multilateralism in International Taxation
- Note
- Takashi Kubota, Financial Stability Concern of the Extraterritorial Impacts Caused by the Recent US Financial Sanctions on Foreign Banks
- Party Autonomy in Contemporary Private International Law: Part Two
- Stéphanie Francq, Party Autonomy and Regulation — Public Interests in Private International Law —
- Yuko Nishitani, Party Autonomy in Contemporary Private International Law — The Hague Principles on Choice of Law and East Asia —
- ICJ Judgment on Whaling in the Antarctic: Its Significance and Implications: Part Two
- Shotaro Hamamoto, Paradoxical Role of Experts in the Whaling in the Antarctic Case
- Japanese Digest of International Law
- Tomohiro Mikanagi & Hirohito Ogi, The Japanese Views on Legal Issues Related to Security
- Masahiko Asada, The Destruction of Japanese Abandoned Chemical Weapons in China under the Chemical Weapons Convention
- Cases and Issues in Japanese Private International Law
- Béligh Elbalti, The Jurisdiction of Foreign Courts and the Recognition of Foreign Judgments Ordering Injunction: The Supreme Court Judgment of April 24, 2014
Messenger: The Practice of Litigation at the ICJ: The Role of Counsel in the Development of International Law
International law is the law of States. They are the principal actors in international law, and it is primarily upon their consent that the international legal system is built. This is the customary starting point, upon which additional complexities are added: the role of international organizations (‘IOs’), multinational corporations or other non-state actors, and the importance of transnational networks of regulators.
This contribution seeks to identify the role of another set of actors involved in international law-making – international legal counsel – those individuals involved in providing legal advice and litigating at international tribunals. In particular, the focus will be on the most traditional of international law’s judicial institutions: the International Court of Justice (‘ICJ’). The argument is the following: beyond the orthodox accounts of law-making as dominated by States or IOs and guided by international tribunals such as the ICJ, there exists a cooperative process of law-making exercised by international legal counsel, technical assistants, and diplomats in concert with judges and secretariats of international tribunals. Together, they form a social space in which their competition is based on (implicitly) agreed rules, most of which are non-legal in nature. Such a process is to the benefit of a number of actors involved, though States are not necessarily principal among these.
New Issue: Revue trimestrielle des droits de l'homme
The latest issue of the Revue trimestrielle des droits de l'homme (No. 110, Avril 2017) is out. Contents include:- Christian Charrière-Bournazel, Libres propos sur la Turquie et l’Europe
- Béatrice Pastre-Belda, La femme dans la jurisprudence de la Cour européenne des droits de l’homme
- Charlotte Crucifix & Alice Gilot, Grève dans les prisons : pour l’instauration d’un service minimum en Belgique
- Mihaela Ailincai, Julie Arroyo, Stéphane Gerry-Vernières, Sabine Lavorel, Delphine Mardon, & Sandrine Turgis, La soft law dans le domaine des droits fondamentaux (juin 2015 – octobre 2016)
- Aurélia Schahmaneche & Mustapha Afroukh, Les demandes d’asile fondées sur la religion devant la Cour européenne des droits de l’homme : une protection à éclipses (obs/s. Cour eur. dr. h., Gde Ch., F.G. c. Suède, 23 mars 2016)
- Antoine Chopplet, Une nouvelle contribution au concept de « journalisme responsable » par la Cour européenne des droits de l’homme (obs/s. Cour eur. dr. h., Gde Ch., Bédat c. Suisse, 29 mars 2016)
- Florence Benoît-Rohmer, Les cours européennes face au défi de la confiance mutuelle (obs/s. Cour eur. dr. h., Gde Ch., Avotinš c. Lettonie, 23 mai 2016)
- Stéphanie Wattier, Le Conseil d’État français suspend l’interdiction du port du « burkini » (obs/s. Cons. Etat (fr.), Ligue des droits de l’homme e.a., 26 août 2016)
- Christelle Macq, Accès différé à l’assistance d’un avocat : la Cour confirme et précise sa jurisprudence (obs/s. Cour eur. dr. h., Gde Ch., Ibrahim e.a. c. Royaume-Uni, 13 septembre 2016)
- Frédéric Krenc, À propos de la radiation de la requête V.M. par la Grande Chambre et de l’autorité du précédent arrêt de chambre constatant la violation de la Convention (obs/s. Cour eur. dr. h., Gde Ch., V.M. e.a. c. Belgique, 17 novembre 2016)
Friday, April 14, 2017
Murphy: Third Report on Crimes Against Humanity
In July 2014, the U.N. International Law Commission placed the topic “Crimes against humanity” on its current program of work and appointed a Special Rapporteur. According to the topic proposal, the objective of the Commission is to draft articles for what could become a Convention on the Prevention and Punishment of Crimes against Humanity.
In 2015, based on the Special Rapporteur’s First Report, the Commission provisionally adopted the first four draft articles with commentary. In 2016, based on the Special Rapporteur’s Second Report, the Commission provisionally adopted an addition six draft articles with commentary. In this Third Report, which will be debated by the Commission during the summer of 2017, the Special Rapporteur proposes a draft preamble and seven additional draft articles, which are focused on various obligations of States with respect to the prosecution of crimes against humanity within national law. Specifically, the seven proposed draft articles address: extradition (draft article 11); non-refoulement (draft article 12); mutual legal assistance (draft article 13); treatment of victims, witnesses and others (draft article 14); relationship to competent international criminal tribunals (draft article 15); federal State obligations (draft article 16); and inter-State dispute resolution in the event of non-compliance (draft article 17).
Annex I to the report contains the ten draft articles provisionally adopted by the Commission to date. Annex II contains the draft preamble and seven draft articles proposed in this report.
Conference: 26th Annual SLS-BIICL Conference on Theory and International Law (Update)
The 2017 Conference on Theory and International Law seeks to understand better the behaviour of those who shape international law - international and domestic judges, arbitrators, and state officials. Inspired by ground-breaking research that opens the "black box" of international decision-making, this Conference invites participants to theorise, experiment and speculate.
Some of the questions we will explore are: Do decision-makers behave rationally? Do they behave predictably?What factors may influence their decision-making? What are the roles of cognitive skills, intuition, and background, including education and political persuasion? What are the implications of these insights for choosing a method of dispute settlement for a particular case or designing a dispute settlement mechanism for future disputes? What are the implications for the conduct and procedures of international negotiations?
Mitchell & Munro: Someone Else's Deal: Interpreting International Investment Agreements in the Light of Third-Party Agreements
This article considers whether an international investment agreement (IIA) between two States parties can be interpreted in the light of a ‘third-party IIA’ (defined as a party’s IIA with a third State, a party’s model IIA, or an IIA between other States parties). A significant number of tribunals have been willing to interpret the IIA before them with reference to third-party IIAs, drawing inferences from differences or similarities in their texts. However, the use of third-party IIAs in this manner often reflects an erroneous application of the customary rules of treaty interpretation set out in Articles 31-33 of the Vienna Convention on the Law of Treaties. These conclusions have significant implications for international investment law and State practice. If investment tribunals continue to look to third-party IIAs beyond the parameters of the Vienna Convention, beyond consent of the disputing parties, and beyond the common intention of treaty parties, contemporary developments in treaty drafting may have unintended or even perverse consequences.
New Issue: International Journal of Human Rights
The latest issue of the International Journal of Human Rights (Vol. 21, no. 4, 2017) is out. Contents include:- Social-Environmental Conflicts, Extractivism and Human Rights in Latin America
- Malayna Raftopoulos, Contemporary debates on social-environmental conflicts, extractivism and human rights in Latin America
- Joanna Morley, ‘ … Beggars sitting on a sack of gold’: Oil exploration in the Ecuadorian Amazon as buen vivir and sustainable development
- Radosław Powęska, State-led extractivism and the frustration of indigenous self-determined development: lessons from Bolivia
- Rickard Lalander, Ethnic rights and the dilemma of extractive development in plurinational Bolivia
- Marieke Riethof, The international human rights discourse as a strategic focus in socio-environmental conflicts: the case of hydro-electric dams in Brazil
- John-Andrew McNeish, Extracting justice? Colombia’s commitment to mining and energy as a foundation for peace
Nouwen: The International Criminal Court and Conflict Prevention in Africa
This chapter examines the role of the International Criminal Court in conflict prevention. To that end, it explores three sub-questions. First, what does the ICC have to do with prevention? Second, what does the Court have to do with the prevention of conflict in particular? And finally, even more specifically, what does it have to do with the prevention of conflict in Africa? In reflecting upon these questions, the chapter highlights some of the most frequent assumptions underpinning claims about the ICC and conflict prevention on the continent.
Call for Papers: Business and Human Rights Workshop
Thursday, April 13, 2017
New Issue: Global Trade and Customs Journal
The latest issue of Global Trade and Customs Journal (Vol. 12, no. 4, 2017) is out. Contents include:- Fengan Jiang, Should the WTO Allow China to Impose Export Duties Designed to Combat Climate Change?
- Hao Wu, A Commentary on the Article on Expedited Shipments in the WTO Trade Facilitation Agreement
- Talat Kaya & Tolga Tuncer, The Legal Status of Pre-shipment Inspection Before and After: The WTO Trade Facilitation Agreement
- Iyan I.H. Offor & Jan Walter, GATT Article XX(a) Permits Otherwise Trade-Restrictive Animal Welfare Measures
- Ian Laird & Flip Petillion, Comprehensive Economic and Trade Agreement, ISDS and the Belgian Veto: A Warning of Failure for Future Trade Agreements with the EU?
Bado: Der Gerichtshof der Westafrikanischen Wirtschaftsgemeinschaft (ECOWAS) als Verfassungsgericht
Der Gerichtshof der Westafrikanischen Wirtschaftsgemeinschaft (ECOWAS) ist befugt, menschenrechtswidrige Urteile innerstaatlicher Gerichte zu überprüfen. Bürgerinnen und Bürger der ECOWAS-Mitgliedstaaten können den Gerichtshof anrufen und genießen dadurch Individualrechtsschutz, auch wenn nach den innerstaatlichen Rechtsordnungen mancher Mitgliedstaaten Individualbeschwerden vor den Verfassungsgerichten unzulässig sind. Kangnikoé Bado setzt sich mit den hieraus resultierenden Konflikten zwischen regionaler und nationaler Ebene auseinander.
Although originally established to address matters of regional integration only, the Court of the Economic Community of West African States has been tasked to rule on human rights violations since 2005. This has led to jurisdictional conflicts between national (constitutional) courts of ECOWAS member states and the court itself. The author analyses the relationship between the national and regional level, and develops proposals on how to overcome such legal variances.
New Issue: Journal of Conflict Resolution
The latest issue of the Journal of Conflict Resolution (Vol. 61, no. 5, May 2017) is out. Contents include:- Austin M. Strange, Axel Dreher, Andreas Fuchs, Bradley Parks, & Michael J. Tierney, Tracking Underreported Financial Flows: China’s Development Finance and the Aid–Conflict Nexus Revisited
- Brett A. Casper, IMF Programs and the Risk of a Coup d’état
- Gustavo A. Flores-Macías & Sarah E. Kreps, Borrowing Support for War: The Effect of War Finance on Public Attitudes toward Conflict
- Eric Keels, Oil Wealth, Post-conflict Elections, and Postwar Peace Failure
- Ulrich Petersohn, Private Military and Security Companies (PMSCs), Military Effectiveness, and Conflict Severity in Weak States, 1990–2007
- Amy Pond, Economic Sanctions and Demand for Protection
- Bradley E. Holland & Viridiana Rios, Informally Governing Information: How Criminal Rivalry Leads to Violence against the Press in Mexico
- Kristian S. Gleditsch & Mauricio Rivera, The Diffusion of Nonviolent Campaigns
New Issue: Review of European, Comparative & International Environmental Law
- Articles
- Renske A. Giljam, Better BAT to Bolster Ecosystem Resilience: Operationalizing Ecological Governance through the Concept of Best Available Techniques
- Yaffa Epstein, Killing Wolves to Save Them? Legal Responses to ‘Tolerance Hunting’ in the European Union and United States
- Elena Fasoli, The Possibilities for Nongovernmental Organizations Promoting Environmental Protection to Claim Damages in Relation to the Environment in France, Italy, the Netherlands and Portugal
- Juliana Zuluaga Madrid, Access to Environmental Information from Private Entities: A Rights-Based Approach
- Amy Maguire & Jeffrey McGee, A Universal Human Right to Shape Responses to a Global Problem? The Role of Self-Determination in Guiding the International Legal Response to Climate Change
- Thoko Kaime, Countering Abuse in EU Environmental Markets: The Case for Integrated Operational Safeguards
- Nicolas Bremer, Post-environmental Impact Assessment Monitoring of Measures or Activities with Significant Transboundary Impact: An Assessment of Customary International Law
- Case Note
- Yoshifumi Tanaka, Costa Rica v. Nicaragua and Nicaragua v. Costa Rica: Some Reflections on the Obligation to Conduct an Environmental Impact Assessment
Conference: 6th Conference of the Postgraduate and Early Professionals/Academics Network of SIEL
Conference: Business and Human Rights: International Law Challenges, European Responses
Wednesday, April 12, 2017
Call for Papers: Cyber Challenges to International Human Rights
Call For Papers
Cyber Challenges to International Human Rights
December 11-12, 2017, Jerusalem and Haifa
The CyberLaw Program, International Cybersecurity Research Center, Hebrew University and The Cyber, Law and Policy Center Haifa University
In recent years, the digital ecosystem has become an arena for hostile cyber activities on the part of states, terror organizations and independent or semi-independent hackers, affecting the interests of individuals, organizations and states. At the same, powerful public and private entities are able to exercise broad powers of surveillance, information collection and manipulation of software and hardware, and can utilize such powers for nefarious ends. This emerging scene, which is under-regulated, creates new threats to civil liberties and human rights. Can existing international law and domestic law instruments and institutions sufficiently address the new threats to civil liberties and human rights?
This conference aims to bring together an international group of established and young scholars who are studying cybersecurity and its ramifications for civil liberties and human rights. The conference will offer an opportunity to present cutting-edge research addressing these issues, to introduce new projects and thought-provoking initiatives, and to promote exchange among participants that will inform their ongoing research.
PAPER SUBMISSIONS: Scholars and researchers from all disciplines are invited to propose papers in the formats detailed below. We welcome submissions from various disciplines, using a variety of theoretical and methodological approaches. Proposals may be submitted for individual presentations, full sessions, round tables and posters related to the conference theme. We also invite proposals for art exhibitions.
SINGLE SESSION PROPOSALS should include title, presenter's name, institutional affiliation, keywords (ideally drawn from the list of topics below), and an abstract of up to 200 words. Abstracts should include a general description of the topic, as well as a description of methodology and research findings, if relevant at the present stage.
PANEL PROPOSALS should include the title, participants' names and institutional affiliations, keywords, a brief description of the panel, and a separate abstract for each presentation (up to 200 words each).
ROUND TABLE PROPOSALS are suitable for informal presentations of research in progress and ongoing collaborative projects. Proposals should include title, participants' names and institutional affiliations, keywords, and an abstract not exceeding 200 words describing the research, the research methodology, findings where applicable, and questions that are emerging from the research.
ARTISTIC EXHIBITION PROPOSALS should include the title, presenters' names and institutional affiliations, keywords, and an abstract not exceeding 200 words. The Committee will consider artistic projects that are related to the conference theme.
POSTER PROPOSALS should include title, presenter's name, institutional affiliation, keywords and an abstract not exceeding 200 words. Posters should present work in progress or initial findings.
TOPICS: Suggested topics (other topics are welcome):
SUBMISSION PROCEDURE: Selected papers will be offered publication in a symposium issue of the Israel Law Review. Proposals should be submitted to the Academic Committee at hcsrcl@gmail.com, with the applicant's name, affiliation, phone, and email information.
- Application of international law norms included in the Tallinn Manual to cyber operations
- Cyber-specific treaties
- Cybersecurity in the Middle East region
- E-rights
- Predictive policing
- Surveillance, profiling and the use of data analytics in law enforcement
- Cyber terrorism and cyber-counter-terrorism
- The role of states and international organizations in cyber security crises
- Securing rights by design
- The role of non-state actors and corporations in shaping online enforcement
The deadline for submitting proposals is 1.5.2017.
THE ACADEMIC COMMITTEE: Badi Hasisi, Deborah Housen-Couriel, Eldar Haber, Guy Harpaz, Guy Pessach, Itamar Mann, Michal Shur Ofry, Niva Elkin-Koren, Oren Gross, Simon Perry, Tal Zarsky, Tamar Berenblum and Yuval Shany
New Issue: Jus Gentium: Journal of International Legal History
- Articles
- V. G.Butkevych, The International-Legal Ideology Pre-Slavic Chiefdoms of the Ukrainian Ethnos (Part Two)
- Douglas Howland, The Limits of International Agreement: Belligerent Rights vs. Submarine Cable Security in the Nineteenth Century
- Miriam McKenna, The Means to the End and the End of the Means: Self-Determination, Decolonization, and International Law
- Notes and Comments
- V. Vasquez, Piracy in the United States Supreme Court: United States v. Palmer
- J. G. Gorman, III, United States v. Smith: The Influence of Commodore John Daniel Danels
- B.J. Forgue, The Malek Adhel and Shipowner Liability for Piracy
- R. L. Armezzani, Worcester v. Georgia and Native American Tribal Sovereignty
- W. E. Butler & V. S. Ivanenko, On the Russian Society of International Law (1880)
- Taylor J. Wolf, Samuel Crandall and Treaty-Making in the United States
New Issue: International Legal Materials
- Philip Morris v. Uruguay (ICSID), with introductory note by Alejandro A. Escobar
- Case C-182/15, Proceedings Relating to the Extradition of Aleksei Petruhhin (C.J.E.U.), with introductory note by Filippo Fontanelli
- United Nations Security Council Resolution 2261, with introductory note by Christine Bell
- African Union Convention on Cyber Security and Personal Data Protection, with introductory note by Kaitlin M. Ball
- Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (Kigali Amendment), with introductory note by Eric A. Heath
Call for Panel Proposals: International Law Weekend 2017
The American Branch of the International Law Association and the International Law Students Association have issued a call for panel proposals for International Law Weekend 2017, which will take place October 19-21, 2017, in New York City. The theme is "International Law in Challenging Times." Here's the call:International Law Weekend 2017: Call for Panel Proposals
Deadline: April 30, 2017
International Law Weekend 2017 (ILW 2017) – the premier international law event of the fall season – is scheduled for October 19-21, 2017 in New York City. The conference will be held at the New York City Bar Association (42 West 44th Street) on October 19, 2017 and at Fordham Law School (150 West 62nd Street) on October 20-21, 2017.
ILW 2017 is sponsored and organized by the American Branch of the International Law Association (ABILA) – which welcomes new members from academia, the practicing bar, and the diplomatic world – and the International Law Students Association (ILSA). This annual conference attracts an audience of more than one thousand academics, practitioners, diplomats, members of governmental and nongovernmental organizations, and law students.
The unifying theme for ILW 2017 is International Law in Challenging Times
Can international law rise to the challenge? For decades, international law has provided legal solutions to global problems through the development of substantive areas of law, court systems, and a framework for modern international relations. Now we must ask, is this post-WWII regime still relevant? Can it meet the needs of the global community? The rapidly changing global landscape will test the adaptability and dynamism of international law. Unprecedented health crises, massive refugee outflows, climate change, gender inequality and other global challenges require innovative solutions. This is an opportunity for international law to reestablish its strong connection with the global community it serves. Panels at ILW 2017 will examine current global challenges, potential solutions, and a broad range of dynamic issues in both public and private international law.
We expect the audience to include practitioners, academics, U.N. diplomats, business leaders, federal and state government officials, NGO leaders, journalists, students, and interested citizens. We plan to have a broad array of both public international law and private international law topics in each program time slot.
The ILW Organizing Committee invites proposals to be submitted online by April 30, 2017. Panels will only be accepted through the online ILW Panel Proposal Submission Form, which is located here.
When submitting your proposal, please consider the following points.
For questions regarding ILW 2017, please contact conferences@ilsa.org.
- Panel proposals may concern any aspect of contemporary international law and practice including, but not limited to, international arbitration, international environmental law, national security, cyber law, use of force, human rights, international humanitarian law, international organizations, international criminal law, international intellectual property, the law of the sea and outer space, and trade law. When submitting your proposal, please identify the primary area(s) of international law that your proposed panel will address.
- Provide the names, titles, and affiliations of the chair and likely speakers. One of the objectives of ILW 2017 is to promote dialogue among scholars and practitioners. Panels should include presenters with diverse experiences and perspectives.
- Please identify what format you are proposing for your panel. We welcome various formats, such as debates, roundtables, lectures, and break-out groups, as well as the usual practice of panel presentations.
- Please indicate whether you are an ABILA member and whether or not your panel is sponsored by an ABILA committee. Panel organizers are encouraged to include at least one ASIL member on the panel.
- We hope to offer several CLE panels at ILW 2017. The CLE accreditation is very easy. More information will be provided once panels have been selected for the conference. If asked, we encourage you to consider taking the necessary steps to qualify your panel for CLE credit.
ILW 2017 Program Committee Members:
David Attanasio
Leila Sadat
Jessica Simonoff
Bart Smit Duijzentkunst
Milena Sterio (Chair)
David Stewart
Tessa Walker
New Issue: International Criminal Law Review
The latest issue of the International Criminal Law Review (Vol. 17, no. 2, 2017) is out. Contents include:- Special Issue: Embracing Interdisciplinarity
- Michelle Leanne Burgis-Kasthala, Introduction: How Should We Study International Criminal Law? Reflections on the Potentialities and Pitfalls of Interdisciplinary Scholarship
- Mikkel Jarle Christensen, Preaching, Practicing and Publishing International Criminal Justice: Academic Expertise and the Development of an International Field of Law
- Immi Tallgren, Come and See? The Power of Images and International Criminal Justice
- Sara Dezalay, Weakness as Routine in the Operations of the Intentional Criminal Court
- Peerce McManus, Enemy of Mankind or Just No Powerful Friends Left? Insights from International Relations about the Efficacy of the ICC
- Rosemary Grey, Interpreting International Crimes from a ‘Female Perspective’: Opportunities and Challenges for the International Criminal Court
- Christoph Sperfeldt, Rome’s Legacy: Negotiating the Reparations Mandate of the International Criminal Court
- Cynthia Banham, Alternative Sites of Accountability for Torture: The Publication of War on Terror Books as ‘Memory-Justice’
- Michelle Jarvis, The Practice of International Criminal Law. Some Reflections from an ICTY Prosecutor
Conference: 111th ASIL Annual Meeting (Reminder)
Well into the second decade of the 21st century, international law continues to expand on numerous fronts. Yet seemingly intractable global problems persist, raising vital questions about the field. We often ask whether international law is achieving its goals. In this Annual Meeting, we seek to consider the normative basis of international law and how those goals are realized in practice. Does international law reflect the values of the international community? How do these values affect the practice and theory of international law? For that matter, should international law reflect the international community's values, and what constituencies ought to be considered in determining what those values are? If international law should not reflect values, why not, and what interests are served or harmed by treating this body of law as a value-neutral set of rules? What role should international lawyers play in the shaping of those values and how can the core values of our profession – in all its heterogeneity, contestation, and dynamism – be brought to bear? Through the panels and events of the 2017 Annual Meeting of the American Society of International Law, leading and emerging voices in international legal scholarship, policy, and practice will attempt to answer these urgent questions.
AJIL Unbound Symposium: Framing Global Migration Law
New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht
The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 77, no. 1, 2017) is out. Contents include:- Self-Defence Against Non-State Actors: Impulses from the Max Planck Trialogues on the Law of Peace and War
- A. Peters & C. Marxsen, Editors’ Introduction: Self-Defence in Times of Transition
- O. Corten, Has Practice Led to an “Agreement Between the Parties” Regarding the Interpretation of Article 51 of the UN Charter?
- T. Christakis, Challenging the “Unwilling or Unable” Test
- I. Österdahl, Scarcely Reconcilable with the UN Charter
- S. Kawagishi, Clearing Uncertainties of the Jurisprudence of the ICJ on Self-Defence Against Non-State Actors
- P. Urs, Effective Territorial Control by Non-State Armed Groups and the Right of Self-Defence
- L. Lo Giacco, Reconsidering the Legal Basis for Military Actions Against Non-State Actors
- B. Sjöstedt, Applying the Unable/Unwilling State Doctrine – Can a State Be Unable to Take Action?
- M. Hartwig, Which State’s Territory May Be Used for Self-Defence Against Non-State Actors?
- J.A. Frowein, Article 51 and the Realities of the Present Day World
- K. Oellers-Frahm, Article 51 – What Matters Is the Armed Attack, not the Attacker
- I. Couzigou, The Right to Self-Defence Against Non-State Actors – Criteria of the “Unwilling or Unable” Test
- G. Keinan, Humanising the Right of Self-Defence
- C.J. Tams, Embracing the Uncertainty of Old: Armed Attacks by Non-State Actors Prior to 9/11
- L. van den Herik, “Proceduralising” Article 51
- A. Tancredi, Doctrinal Alternatives to Self-Defence Against Non-State Actors
- M. Wood, Self-Defence Against Non-State Actors – A Practitioner’s View
- L. Grover, Intertemporality and Self-Defence Against Non-State Actors
- C.-P. Sassenrath, Diverging Interpretations of Individual State Practice on Self-Defence Against Non-State Actors – Considerations for a Methodological Approach
- P. Starski, A Call for a Turn to the Meta-Level of International Law: Silence, the “Interregnum”, and the Conundrum of Ius Cogens
- C. Marxsen, A Note on Indeterminacy of the Law on Self-Defence Against Non-State Actors
- Abhandlungen
- B. Kempen & B. Schiffbauer, Die vorläufige Anwendung völkerrechtlicher Verträge im internationalen Mehrebenensystem
- F. Capone, From the Justice and Peace Law to the Revised Peace Agreement Between the Colombian Government and the FARC: Will Victims’ Rights Be Satisfied at Last?
- B. Gogarty & P. Lawrence, The ICJ Whaling Case: Missed Opportunity to Advance the Rule of Law in Resolving Science-Related Disputes in Global Commons?
- S. Dellavalle, Law as a Linguistic Instrument Without Truth Content? On the Epistemology of Koskenniemi’s Understanding of Law
- A. Vincze, Europäisierung des nationalen Verwaltungsrechts – eine rechtsvergleichende Annäherung





