New Issue: Netherlands International Law Review

The latest issue of the Netherlands International Law Review (Vol. 65, no. 3, October 2018) is out. Contents include:

• Special Issue: Nationality and International Law
• Kristin Henrard, The Shifting Parameters of Nationality
• David Owen, On the Right to Have Nationality Rights: Statelessness, Citizenship and Human Rights
• Gerard-René de Groot & Olivier Vonk, Acquisition of Nationality by Birth on a Particular Territory or Establishment of Parentage: Global Trends Regarding Ius Sanguinis and Ius Soli
• Iseult Honohan & Nathalie Rougier, Global Birthright Citizenship Laws: How Inclusive?
• Anna Sabrina Wollmann, Recent Trends in Nationality Requirements in Olympic Sports
• Patrick Wautelet, The Next Frontier: Dual Nationality as a Multi-layered Concept
• Laura van Waas & Sangita Jaghai, All Citizens are Created Equal, but Some are More Equal Than Others
• Helen Oosterom-Staples, The Triangular Relationship Between Nationality, EU Citizenship and Migration in EU Law: A Tale of Competing Competences
• Eileen Denza, Nationality and Diplomatic Protection
• A. V. M. Struycken, State Nationality and Religious Family Law: Some Notes
• Rainer Bauböck, Epilogue: International Norms for Nationality: An Elusive Goal?

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 13, nos. 11/12, 2018) is out. Contents include:

• Eva Monard & Nicolaj Kuplewatzky, Guest Editor’s Introduction: Next Generation Trade Lawyers in Brussels
• Byron Maniatis, Class-Action in EU TDI Cases: Applications for Annulment Brought by Associations on Behalf of Their Members
• Bregt Natens, Some Thoughts on Unlocking the Potential of Existing Trade in Services Rules
• Dylan Geraets, The Continued Quest for a Single Set of Rules for Two Economic Systems: Addressing ‘Significant Distortions’ Arising from State Influence
• Charlotte Van Haute, Sara Nordin, & Genevra Forwood, The Reincarnation of the EU Blocking Regulation: Putting European Companies Between a Rock and a Hard Place
• Nicoleta Tuominen, Admissibility of Actions Brought by the Union Industry: Timex Revisited
• Lorenzo Di Masi, ‘Not Quite There Yet’: The Ongoing Quest for a Deep Procedural Reform of EU Trade Defence Instruments
• Hélène Juramy, Anti-Dumping in Europe: What About Us(ers)?
• Gabriele Coppo, The CAP Under Attack? Last Developments In Trade Defence Cases Targeting European Food Products
• Jérémie Charles, Filling the Gap: Are the EU Retaliatory Tariffs Consistent with EU Law?
• Joris Cornelis, The EU’s Modernization Regulation: Stronger and More Effective Trade Defence Instruments?
• Bartek Czyczerski, The European Union’s Trade Retaliation – Rebalancing the United States’ Steel and Aluminium Measures
• Anna Claudia C. Dias, Rebooting the WTO to Tackle Legitimate Concerns and Ensure Predictability for Businesses

Call for Papers: Michigan Law School Fifth Annual Junior Scholars Conference

A call for papers has been issued for the Michigan Law School Fifth Annual Junior Scholars Conference, which will take place April 26-27, 2019. The call is here.

Call for Papers: Culture As or Against Sovereignty

The International Law of Culture Interest Group of the European Society of International Law has issued a call for papers for an agora proposal for the 2019 ESIL Annual Conference, in Athens. The agora proposal title is: "Culture As or Against Sovereignty." The call is here.

Call for Papers: Sound Science-Based Regulation in the Post-Truth Era: Domestic and International Rule of Law Under Fire

The ESIL Interest Group on International Environmental Law and the ESIL Interest Group on International Bio Law have issued a call for papers for an event on "Sound Science-Based Regulation in the Post-Truth Era: Domestic and International Rule of Law Under Fire,” to take place on April 3, 2019, on the occasion of the ESIL Research Forum, in Göttingen. The call is here.

New Issue: GlobaLex

The latest issue of GlobaLex (Nov./Dec. 2018) contains the following articles:

• S M Atia Naznin, Researching the Right to Housing
• Catherine A. Deane, UPDATE: Researching Customary International Law, State Practice and the Pronouncement of States Regarding International Law

Call for Papers: Resistance to International Law and the Global Legal Order

A call for papers has been issued for the 12th Annual Toronto Group conference, to be held March 28-29, 2019, at the University of Toronto Faculty of Law. The theme is: "Resistance to International Law and the Global Legal Order." Here's the call:

12th Annual Toronto Group Conference

The Toronto Group Conference connects graduate students and emerging scholars from across the globe. This year’s 12th annual Toronto Group Conference will bring together researchers and scholars of international, transnational and comparative law to examine the modes and forms of resistance to international law and the global legal order from various perspectives and using a variety of different approaches. We invite submissions addressing the topic from a broad range of perspectives, looking for example at economic globalization, global/generic constitutionalism, resistance to the establishment of global legal standards and institutions, or contributions dealing with the rise of new transnational actors.

Questions the Conference might address include, but are not limited to, the following:

• Where and when is resistance to international law and the global legal order taking place? Who is resisting? How, why and in what forms does resistance occur?
• Is there a broader context framing expressions of resistance or is it an isolated phenomenon? In particular, how might the rise of neo-nationalist and populist movements shape broader global discussions about the ongoing role of
  international law?
• How do seemingly predominant narratives relate to alternative narratives emerging in particular from the Global South?
• How do domestic constitutional and sub-constitutional responses to transnational actors and the mutations of the global legal order differ?

The Conference aims at creating a space where early career scholars can receive feedback on their research, so each applicant selected to present will be assigned a faculty member discussant of the participating institutions.

Submission of Paper Proposals

The Organizing Committee welcomes abstract submissions that address the theme above or other related emerging issues. Interdisciplinary contributions integrating the insights of, for example, sociology, anthropology, economics or history are encouraged. Applicants are invited to send an abstract of 500 words outlining their main arguments and methodology and a short bio of 100 words by December 14, 2018.

Proposals will be evaluated based on their relevance to the theme, the interest they present in relation to other proposals, and their overall quality. Applicants will be notified of results by mid-January 2019. Selected applicants are expected to submit completed papers in early March 2019.

Questions and abstracts should be sent to: torontogroupconference@gmail.com.

Bordin: The Analogy between States and International Organizations

Fernando Lusa Bordin (Univ. of Cambridge) has published The Analogy between States and International Organizations (Cambridge Univ. Press 2018). Here's the abstract:

The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.

Fredman: Comparative Human Rights Law

Sandra Fredman (Univ. of Oxford - Law) has published Comparative Human Rights Law (Oxford Univ. Press 2018). Here's the abstract:

Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others.

Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.

New Volume: Asian Yearbook of International Law

The latest volume of the Asian Yearbook of International Law (Vol. 22, 2016) is out. Contents include:

• Maintaining Maritime Peace and the Law of the Sea
• Miyoshi Masahiro, Peaceful Use of the Sea and the Rule of Law
• Yann-huei Song, Peaceful Proposals and Maritime Cooperation between Mainland China, Japan, and Taiwan in the East China Sea: Progress Made and Challenges Ahead
• Yen-Chiang Chang, The South China Sea Disputes: An Opportunity for the Cross Taiwan Strait Relationship
• Peaceful Uses of Marine Resources
• Kuan-Hsiung Wang, Management of Fishery Resources: A Starting Point towards Cooperation in the East China Sea
• Robert Beckman & Leonardo Bernard, Framework for the Joint Development of Hydrocarbon Resources
• David M. Ong, The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Co-operative Arrangements in the East China Sea Region
• Jianwei Li & Pingping Chen, Joint Development in the South China Sea: Is the Time Ripe?
• Promotion of Marine Scientific Research for Peace
• Keyuan Zou, Peaceful Use of the Sea and Military Intelligence Gathering in the EEZ
• J Ashley Roach, Marine Data Collection: US Perspectives
• Hong Chang, Voluntary Observing Ship and Marine Scientific Research under the Law of the Sea
• Peaceful Means for Maritime Dispute Resolution
• Anne Hsiu-An Hsiao, Unilateral Actions and the Rule of Law in Maritime Boundary Disputes
• Erik Franckx, Search and Rescue as an Enabler to Stimulate Cooperation in Areas of Tension
• Yao Huang & Xuexia Liao, Natural Prolongation and Delimitation of the Continental Shelf beyond 200 nm: the Bangladesh/Myanmar Case
• Matthias Vanhullebusch, China’s Air Defence Identification Zone: Towards a Crystallization of a New International Custom
• Arie Afriansyah, Indonesia’s Practice in Combatting Illegal Fishing: 2015–2016

Shaffer: A Tragedy in the Making?: The Decline of Law and the Return of Power in International Trade Relations

Gregory Shaffer (Univ. of California, Irvine - Law) has posted A Tragedy in the Making?: The Decline of Law and the Return of Power in International Trade Relations (Yale Journal of International Law, forthcoming). Here's the abstract:

It is the end of an era—potentially the close of a semblance of the rule of law in international trade relations. This article assesses the U.S. challenge to the Appellate Body and binding dispute settlement system of the World Trade Organization. Part I examines the decline of law and return of power in international trade relations. Part II explains the rationales behind the U.S. challenge to the WTO judiciary in terms of domestic politics, the rise of China, and concerns over a fundamental imbalance between WTO political and judicial processes. Part III analyzes the potential and most likely future of WTO dispute settlement—either (1) the replacement of the Appellate Body with member agreement to binding dispute settlement, potentially with ad hoc appeals, on only a reciprocity basis, thus potentially excluding the United States; or (2) reversion to the former GATT system where parties can effectively veto the adoption of a panel report. For over two decades, the Appellate Body operated as an authoritative, quasi-constitutional, international court to resolve conflicts and develop jurisprudence. In retrospect, it was a remarkable experiment in international relations. The United States and the world may soon regret its demise.

Call for Papers: Philosophical Perspectives on International Law

A call for papers has been issued for Special Workshop No. 30 at the World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR), July 7-13, 2019, in Lucerne. The topic is: "Philosophical Perspectives on International Law." The call is here.

Call for Papers: Spatio-Temporal Dimensions of Sovereignty in International Law: A Critical Appraisal

The Interest Group on International Legal Theory and Philosophy of the European Society of International Law has issued a call for papers for a workshop to be held on the occasion of the 15th ESIL Annual Conference in Athens. The topic is: "Spatio-Temporal Dimensions of Sovereignty in International Law: A Critical Appraisal." The call is here.

Conference: Archives et juridictions internationales

On December 17, 2018, the Université Paris Nanterre will host a conference on "Archives et juridictions internationales." The program is here.

Conference: The Transnationalization of Anti-Corruption Law

On December 6-7, 2018, the Anti-Corruption Law Interest Group of the American Society of International Law, Sciences Po Law School, and the Zicklin Center for Business Ethics Research of the Wharton School of the University of Pennsylvania will hold a conference on “The Transnationalization of Anti-Corruption Law,” in Paris. The program is here.

Call for Papers: ASIL International Courts and Tribunals Interest Group Works-in-Progress Workshop

The International Courts and Tribunals Interest Group of the American Society of International Law has issued a call for papers for a works-in-progress workshop, to take place January 25, 2019, at the John Marshall Law School in Chicago. The call is here.

Call for Papers: The Protection of Cultural Heritage and Municipal Law

A call for papers has been issued for a works-in-progress workshop on "The Protection of Cultural Heritage and Municipal Law," to be held April 5, 2019, at Fordham University School of Law. The event is a collaboration between the Urban Law Center, the ASIL Cultural Heritage and the Arts Interest Group, and the Quebec Society of International Law. The call is here.

Call for Papers: Fourth African International Economic Law Network Biennial Conference (Updated)

The African International Economic Law Network has issued a call for papers for its Fourth Biennial Conference, which will take place July 18-20, 2019, at Strathmore University, Nairobi. The theme is: "Africa’s Participation in International Economic Law in the 21st Century." The deadline for the submission of abstracts has been extended to December 22, 2018. The revised call is here.

Ridi: 'Mirages of an intellectual dreamland’? Ratio, obiter, and the textualization of international precedent

Niccolò Ridi (King’s College London - Law) has posted 'Mirages of an intellectual dreamland’? Ratio, obiter, and the textualization of international precedent (Journal of International Dispute Settlement, forthcoming). Here's the abstract:

In recent years, various actors—states, judges, and commentators alike—have taken issue with the way international adjudicators have approached precedent. Criticism has been levelled, in particular, to the phenomenon of ‘obiter dicta’ (observations that, though not necessary for the decision, are nonetheless included in it), which have been found to amount to a symptom of bad decision-making or, from the perspective of the adjudicator using them, bad precedent-following. This article addresses this debate by resituating the issue within a more grounded discussion of the theory of precedent in international adjudication, providing an in-depth theoretical and empirical analysis of the practice, and seeks to frame it within in the broader phenomenon of ‘textualization’. By doing so, it strives to clarify the use, authority, and ultimate function of obiter dicta, as well as of precedent in general, in international adjudication.

Call for Submissions: The United States-Mexico-Canada Agreement (USMCA)

Transnational Dispute Management has issued a call for submissions for a special issue on "The United States-Mexico-Canada Agreement (USMCA)." The call is here.

Call for Papers: China International Business and Economic Law: Technological Change and the Future of International Economic Legal Order: China and beyond

The Herbert Smith Freehills China International Business and Economic Law Centre at the University of New South Wales Faculty of Law has issued a call for papers for the inaugural CIBEL Global Network Conference and PhD workshop, to take place May 1-2, 2019. The theme is: "China International Business and Economic Law: Technological Change and the Future of International Economic Legal Order: China and beyond." The call is here.

Rachovitsa: On New “Judicial Animals”: The Curious Case of an African Court with Material Jurisdiction of a Global Scope

Adamantia Rachovitsa (Univ. of Groningen - Law) has posted On New “Judicial Animals”: The Curious Case of an African Court with Material Jurisdiction of a Global Scope (Human Rights Law Review, forthcoming). Here's the abstract:

The paper aims to think anew about the jurisdiction ratione materiae of the African Court on Human and Peoples’ Rights (‘Court’). The Court, based in Arusha, enjoys a distinctive contentious jurisdiction which extends to the interpretation and application of any other relevant human rights instrument ratified by the States concerned. The Court’s striking features set it apart from human rights bodies and most international courts. The Court’s jurisdiction has been received with scepticism and fear arguing that, if the Court extends its jurisdiction over treaties other than the African Charter on Human and Peoples’ Rights, this will lead to jurisprudential chaos and will undermine the formation of the African corpus juris. The article discusses the case law of the Court since 2013, when the Court started functioning, and it argues that these concerns are over-emphasised. The analysis underlines the shifting authority of specialised and/or regional courts; the need not to overstress but to appreciate positively instances of divergence; and the consideration of new conceptual and geographical topoi, in which international law is to be found and produced.

Peleg: Illusion of inclusion: challenging universalistic conceptions in international children’s rights law

Noam Peleg (Univ. of New South Wales - Law) has posted Illusion of inclusion: challenging universalistic conceptions in international children’s rights law (Australian Journal of Human Rights, Vol. 24, no. 3, 2018). Here's the abstract:

This paper examines the nexus between two allegedly contesting objectives of international children’s rights law: protection and empowerment. It focuses on child labour movements as a case study to examine this tension. The paper shows that when children make demands that exceed imaginary boundaries of protection, their voices are dismissed on the basis of immaturity. Therefore, the paper argues that the failure of international children’s rights law to acknowledge the ways in which childhood can unfold in more than one way results in the dominance of paternalistic approaches to children’s agency. These approaches inherently limit this body of law from providing comprehensive rights protection for every child.

Conference: Cosmopolitan Pluralism and International Criminal Justice

On January 10-11, 2019, the University of Leeds School of Law will hold a conference on "Cosmopolitan Pluralism and International Criminal Justice."

Special Issue: Food, Alcohol, NCDs and International Economic Law

The latest issue of QUT Law Review (Vol. 18, no. 1, 2018) focuses on "Food, Alcohol, NCDs and International Economic Law." Contents include:

• Tania Voon, Christine Parker, & Paula O'Brien, Law and Non-Communicable Diseases: International and Domestic Regulation of Food and Alcohol Special Issue - Editorial
• Christine Parker & Hope Nadine Johnson, Sustainable Healthy Food Choices: The Promise of ‘Holistic’ Dietary Guidelines as a National and International Policy Springboard
• Tania Voon & Hope Nadine Johnson, Sustainable Healthy Food Choices: Dietary Guidelines and International Economic Law
• Belinda Reeve, Regulation of Alcohol Advertising in Australia: Does the Abac Scheme Adequately Protect Young People from Marketing of Alcoholic Beverages?
• Suzanne You Zhou, Managing Fragmentation between International Trade and Investment Law and Global Priorities for Noncommunicable Disease Prevention in Food and Alcohol
• Paula O'Brien & Andrew D Mitchell, On the Bottle: Health Information, Alcohol Labelling and the WTO Technical Barriers to Trade Agreement
• Jenny Claire Kaldor, Food Reformulation for NCD-Prevention: Regulatory Options and Potential Barriers
• Anita Anna George, An Unwelcome Seat at the Table: The Role of Big Food in Public and Private Standard-Setting and its Implications for NCD Regulation