Kendall & Nouwen: International Criminal Justice and Humanitarianism

Sara Kendall (Univ. of Kent - Law) & Sarah Nouwen (Univ. of Cambridge - Law) have posted International Criminal Justice and Humanitarianism (in The Oxford Handbook of International Criminal Law, Kevin Jon Heller, Frédéric Mégret, Sarah Nouwen, Jens David Ohlin & Darryl Robinson eds., forthcoming). Here's the abstract:

This chapter explores the relationship between international criminal justice and the field of humanitarianism. From some perspectives within these fields, humanitarianism and international criminal justice are diametrically opposed (international criminal justice against humanitarianism). Whilst recognising the differences in mandates and operational practices, this chapter argues that the fields nevertheless share certain attributes and challenges. Building on these parallels, the chapter illustrates two central issues faced by both fields: their relationship to and enactment of politics and their accountability to various constituencies (international criminal justice and humanitarianism). In addition to facing analogous challenges, the fields may in fact overlap when international criminal justice addresses humanitarian concerns by undertaking relief provision, or when lawyers use international criminal justice as a practice to alleviate suffering (international criminal justice as a form of humanitarianism). The chapter concludes with a call for further reflexivity in the field of international criminal justice, inspired by developments in humanitarian scholarship and practice.

Berman: Authority in International Law

Franklin Berman (Essex Court Chambers) has posted Authority in International Law. Here's the abstract:

The author discusses the question of authority when determining the content of an international legal rule. Taking Article 38(1)(d) of the ICJ Statute as a point of departure, he determines through meticolous analysis what ranks as judicial decisions as well as teachings within the meaning of the norm. The author then proceeds to a number of factors to determine authoritativeness: objectivity, knowledgeability, depth of analysis, and the presence or otherwise of reasoning and, in particular, the persuasiveness of an opinion. In the case of judicial pronouncements, the author points out that the paradox between Article 59 and Article 38(1)(d) of the ICJ Statute is only an apparent one. While judgments of the Court are binding only between the parties, it is merely the underlying reasoning that can be taken into account in the context of Article 38(1)(d) if considered persuasive. Without central authority, authoritativenes in international law must always be earned which is also the reason for the lack of an hierarchical order between as well as within judicial pronouncements and learned writings though the former are usually more likely to fulfil the criteria of authoritativeness. In both cases, however, previously acquired reputation of a court or even an individual judge as well as of a learned writer can create a presumption of authoritativeness. On a more general level, the author concludes with a call for a more careful differentiation between the determination of law and its application. Putting the issue discussed into perspective, the author argues that situations of law determination arise, contrary to common understanding, in fact far less often than situations of law application.

Cohen: What is International Trade Law for?

Harlan Grant Cohen (Univ. of Georgia - Law) has posted What is International Trade Law for? Here's the abstract:

Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.

But what if the problem isn’t policy, but principle? The major international economic institutions of the last few decades have been based on and around a normative principle of “growing the pie” and “raising all boats.” Most policy tweaks that have been suggested assume this neoliberal principle, even while trying to soften it harder edges. But it’s not clear that those voting against trade agreements agree.

This essay reconsiders the normative basis of international economic law, searching for a new narrative that can reopen and reinvigorate trade politics while justifying and directing the regime going forward. Surveying various normative narratives put forward in the past, it asks what an embedded liberalism might look like in an era of complex transnational supply chains. It suggests that an international economic order built around a state’s obligations to provide for the welfare of its people might need to reorient around other policy issues like tax and regulations, shifting trade from the driver to passenger in international negotiations.

New Issue: Cambridge International Law Journal

The latest issue of the Cambridge International Law Journal (Vol. 7, no. 2, December 2018) is out. Contents include:

• Andrea Broderick, The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?
• Agustín Ruiz Robledo, The construction of the right to free elections by the European Court of Human Rights
• Tania Penovic & Ronli Sifris, Expanding the feminisation dimension of international law: targeted anti-abortion protest as violence against women
• Róisín A Costello, International criminal law and the role of non-state actors in preserving open source evidence
• Tsvetelina van Benthem, Social media actors in the fight against terrorism: technology and its impact on human rights
• Eva Kassoti, Doing business right? Private actors and the international legality of economic activities in occupied territories
• Johanna Aleria P Lorenzo, International law-making in the field of sustainable development and an emerging droit commun among international financial institutions

Donaldson: The League of Nations, Ethiopia and the Making of States

Megan Donaldson (Lauterpacht Centre for International Law) has posted The League of Nations, Ethiopia and the Making of States (Humanity, forthcoming). Here's the abstract:

This article takes the Ethiopian case as a lens on how the existence of the League refracted approaches to statehood and belonging for polities on the margins of the “family of nations.” Unlike many other doctrinal or historical treatments, this article does not focus on any one juridical concept or doctrine, such as sovereignty, statehood, or recognition. Rather, it traces the flux within concepts, and the uneasy relation between them, which come to light when public statements in the League are read alongside deliberations within European foreign ministries, and projects of reform pursued in Ethiopia itself. Refocusing on the complexity of contemporary discussions reveals how juridical approaches have shifted over time in their relation to concrete factors such as military force, bureaucratic organization and political structures, and bridges a distinction entrenched by disciplinary demarcations in the secondary literature on statehood and state-making.

New Issue: International Peacekeeping

The latest issue of International Peacekeeping (Vol. 26, no. 1, 2019) is out. Contents include:

• John Karlsrud, From Liberal Peacebuilding to Stabilization and Counterterrorism
• Rachel Julian & Russell Gasser, Soldiers, Civilians and Peacekeeping – Evidence and False Assumptions
• Georgina Holmes, Situating Agency, Embodied Practices and Norm Implementation in Peacekeeping Training
• Oliver P. Richmond, Peace and the Formation of Political Order
• Steffi Raes, Cind Du Bois & Caroline Buts, Supplying UN Peacekeepers: An Assessment of the Body Bag Syndrome among OECD Nations

Call for Papers: Backwards and Forwards: Law in a Time of Crisis

The Stanford Program in Law and Society has issued a call for papers for its Sixth Conference for Junior Researchers, to take place May 10-11, 2019. The theme is: "Backwards and Forwards: Law in a Time of Crisis." The call is here.

Call for Papers: The Plurality of Law and Development

A call for papers has been issued for the fourth annual conference of the Law and Development Research Network, to be held on September 25-27, 2019 at the Humboldt-Universität zu Berlin. The theme is: "The Plurality of Law and Development." The call is here.

New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 23, no. 3, Winter 2018) is out. Contents include:

• Special Issue: The Relationship between International Humanitarian Law and General International Law
• Michael N Schmitt, Foreword
• Lawrence Hill-Cawthorne & Kubo Mačák, Editorial: The Relationship between International Humanitarian Law and General International Law
• Katharine Fortin, How to Cope with Diversity While Preserving Unity in Customary International Law? Some Insights from International Humanitarian Law
• Vito Todeschini, The Impact of International Humanitarian Law on the Principle of Systemic Integration
• Marco Longobardo, The Contribution of International Humanitarian Law to the Development of the Law of International Responsibility Regarding Obligations Erga Omnes and Erga Omnes Partes
• Remy Jorritsma, Where General International Law meets International Humanitarian Law: Attribution of Conduct and the Classification of Armed Conflicts
• Antal Berkes, The Standard of ‘Due Diligence’ as a Result of Interchange between the Law of Armed Conflict and General International Law
• Rogier Bartels, The Relationship between International Humanitarian Law and the Notion of State Sovereignty

New Issue: Europa Ethnica

The latest issue of Europa Ethnica (Vol. 75, nos. 3/4, 2018). Contents include:

• Christoph Gusy, Minderheitenrecht vor neuer Bewährungsprobe
• Gaetano Pentassuglia, Group Identities and Human Rights: How Do We Square the Circle in International Law?
• Lauri Hannikainen, National Minorities in Finland
• Guiu Sobiela-Caanitz, Que signife «Europa Ethnica»?
• Klaus-Jürgen Nagel, Der katalanische Unabhängigkeitsprozess: Mit der roadmap in die Sackgasse?

New Issue: ICSID Review: Foreign Investment Law Journal

The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 33, no. 2, Spring 2018) is out. Contents include:

• Case Comments
• Guled Yusuf & Olga Owczarek, Fábrica de Vidrios Los Andes, CA and Owens-Illinois de Venezuela, CA v Bolivarian Republic of Venezuela: Removing the Sword of Damocles: ICSID Denunciation under Articles 71 and 72 
• Joshua Paine, Bear Creek Mining Corporation v Republic of Peru: Judging the Social License of Foreign Investments and Applying New Style Investment Treaties 
• Note
• Hamid G Gharavi, Discord Over Judicial Expropriation 
• Articles
• Catharine Titi, Res Iudicata and Interlocutory Decisions under the ICSID Convention: Antinomies over the Power of Tribunals to Review
• Ioannis Glinavos, Brexit, the City and Options for ISDS 
• Prabhash Ranjan & Pushkar Anand, How ‘Healthy’ are the Investment Treaties of South Asian Countries: An Empirical Study of Public Health Provisions in South Asian Countries’ BITs and FTA Investment Chapters 
• Yulia S Selivanova, Changes in Renewables Support Policy and Investment Protection under the Energy Charter Treaty: Analysis of Jurisprudence and Outlook for the Current Arbitration Cases 
• Paul-Jean Le Cannu, Foundation and Innovation: The Participation of African States in the ICSID Dispute Resolution System 
• Julien Chaisse & Shintaro Hamanaka, The ‘Noodle Bowl Effect’ of Investment Treaties in Asia: The Phenomenon, the Problems, the Practical Solutions 
• Christer Söderlund & Elena Burova, Is There Such a Thing as Admissibility in Investment Arbitration? 
• Gloria M Alvarez, Redefining the Relationship Between the Energy Charter Treaty and the Treaty of Functioning of the European Union: From a Normative Conflict to Policy Tension 
• Guido Carducci, A State's Capacity and the EU's Competence to Conclude a Treaty, Invalidate, Terminate – and “Preclude” in Achmea – a Treaty or BIT of Member States, a State's Consent to be Bound by a Treaty or to Arbitration, under the Law of Treaties and EU Law, and the CJEU's Decisions on EUSFTA and Achmea. : Their Roles and Interactions in Treaty and Investment Arbitration 

Symposium: International Trade in the Trump Era

The Yale Journal of International Law Online has begun to post a symposium on "International Trade in the Trump Era." Contents include:

• Kathleen Claussen & David Singh Grewal, Introduction
• Rachel Brewster, The Trump Administration and the Future of the WTO
• Timothy Meyer, Trade, Redistribution, and the Imperial Presidency
• Joel P. Trachtman, A World Trade Organization for Workers?
• Gregory Shaffer, A Tragedy in the Making? The Decline of Law and the Return of Power in International Trade Relations
• Andrew Lang, Protectionism’s Many Faces
• David Singh Grewal, A Research Agenda for Trade Policy in the Trump Era
• Padideh Ala’I, The Trump Administration vs. the WTO Appellate Body: How the Appellate Body Can Help Maintain Global Economic Relations and Peace
• Chantal Thomas, Trade and Development in an Era of Multipolarity and Reterritorialization
• Kathleen Claussen, Old Wine in New Bottles? The Trade Rule of Law
• Harold Hongju Koh, Epilogue

AJIL Unbound Symposium: The Declaration of Human Rights at Seventy

AJIL Unbound has posted a symposium on “The Declaration of Human Rights at Seventy.” The symposium includes an introduction by Alexandra Huneeus and contributions by Molly K. Land, Ellen Hey, Catherine Powell, Helmut Philipp Aust, Anne Peters, and R. Alta Charo.

New Issue: Zeitschrift für Internationale Beziehungen

The latest issue of Zeitschrift für Internationale Beziehungen (Vol. 25, no. 2, 2018) is out. Contents include:

• Aufsätze
• Johanna Speyer, Das Gegenteil von gut ist gut gemeint. Wie ein Weltmenschenrechtsgerichtshof die Menschenrechte schwächt
• Joscha Wullweber, Zentralbanken als marktmachende Akteure. Die global governance des Finanzsystems, das Schattenbankensystem und unkonventionelle Zentralbankpolitik seit der globalen Finanzkrise
• Manuel Iretzberger & Bernhard Stahl, Politikrelevanz und Handlungsempfehlungen in den Internationalen Beziehungen
• Markus Kornprobst & Martin Senn, Ordnung, Kommunikation und Wandel in der Weltpolitik. Entwurf einer Theorie rhetorischer Felder
• FORUM - Strukturwandel der Globalisierung?
• Kai Koddenbrock, Strukturwandel der Globalisierung? Brexit, Trump(ismus), Strategien Chinas und die politische Ökonomie der internationalen Beziehungen Einleitung zum Forum
• Jenny Simon, Die Rolle Chinas in den aktuellen Auseinandersetzungen um den Operationsmodus der Globalisierung
• Hans-Jürgen Bieling, Jenseits der (neo-)liberal-kosmopolitischen Hegemonie? Die »Doppelkrise« der transatlantischen Globalisierungspolitik
• Andreas Nölke, Vom liberalen zum organisierten Kapitalismus
• Ingar Solty, Rechtsautoritärer Nationalismus oder autoritär-imperialer Neoliberalismus? Die USA unter Donald Trump im globalen Beggar-thy-neighbor- Kapitalismus

New Issue: Asian Journal of WTO & International Health Law and Policy

The latest issue of the Asian Journal of WTO & International Health Law and Policy (Vol. 13, no. 2, 2018) is out. Contents include:

• Revisiting ‘Exceptions’ under International Economic Law
• Jaemin Lee, Commercializing National Security? National Security Exceptions’ Outer Parameter under GATT Article XXI
• R.V. Anuradha, Petrificus Totalus: The Spell of National Security!
• R. Rajesh Babu, WTO and the Protection of Public Morals
• Haniff Ahamat & Nasarudin Abdul Rahman, Halal Food, Market Access and Exception to WTO Law: New Aspects Learned from Indonesia — Chicken Products
• Rolf H. Weber & Rainer Baisch, Revisiting the Public Moral/Order and the Security Exceptions under the GATS
• Yueh-Ping (Alex) Yang, The Evolving Prudential Exceptions in Regional Trade Agreements
• Ma. Joy V. Abrenica, Balancing Consumer Welfare and Public Interest in Competition Law
• Other General Articles
• Julien Chaisse & Xueliang Ji, “Soft Law” in International Law-Making ⸻ How Soft International Taxation
• Haifeng Deng & Jie (Jeanne) Huang, What Should China Learn from the CPTPP Environmental Provisions?
• Chih-yuan Lo, Subsidy Extinction and the Distinction Between Company and Shareholders under the SCM Agreement: Proposing a Control-Centered Approach

Kleinlein: Matters of Interpretation: How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order

Thomas Kleinlein (Friedrich-Schiller-Universität Jena - Law) has posted Matters of Interpretation: How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order. Here's the abstract:

This article analyses, from a methodological and theoretical perspective, how international legal method deals with change. Section 2 sets the stage, develops a legal perspective on change of norms and values in the international legal order and distinguishes between structural change and norm change. This is followed in sections 3 and 4 by an examination of doctrinal categories that provide techniques to process change in international legal practice. International legal method is equipped with several techniques to process—and to conceptualize and evaluate—change: ‘Formal’ norm change is a matter of the doctrine of sources. International law can also change ‘informally’ through the shifting meaning of norm texts. Both formal and informal change is a matter of interpretation. Therefore, section 5 aims at theorizing interpretive change. It examines the relationship between the sources of law and legal interpretation as categories of change and analyses theoretical perceptions of interpretive change.

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 32, no. 4, Winter 2018) is out. Contents include:

• Essay
• Ş. İlgü Özler, The Universal Declaration of Human Rights at Seventy: Progress and Challenges
• Roundtable: Competing Visions for Cyberspace
• Duncan B. Hollis & Tim Maurer, Introduction
• Ronald J. Deibert, Toward a Human-Centric Approach to Cybersecurity
• Daniel J. Weitzner, Promoting Economic Prosperity in Cyberspace
• Duncan B. Hollis & Jens David Ohlin, What if Cyberspace Were for Fighting?
• Martha Finnemore, Ethical Dilemmas in Cyberspace
• Feature
• Bolarinwa Adediran, Reforming the Security Council through a Code of Conduct: A Sisyphean Task?
• Review Essays
• Anne Peters, How Not to Do Things with International Law
• Micheline Ishay, Human Rights Under Attack: What Comes Next?

Call for Submissions: Maritime Law Arbitration: Procedural and Substantive Issues

Transnational Dispute Management has issued a call for submissions for a special issue on "Maritime Law Arbitration: Procedural and Substantive Issues." The call is here.

Symposium: Utopien im Wandel: Zur Geschichte der Menschenrechte und des Humanitarismus im 20. Jahrhundert

Zeitgeschichte has posted a special issue on "Utopien im Wandel: Zur Geschichte der Menschenrechte und des Humanitarismus im 20. Jahrhundert." Contents include:

• Eric D. Weitz, The Soviet Union and the Creation of the International Human Rights System
• Peter Ridder, Die UN-Menschenrechtspakte - Ein langer und steiniger Pfad zur Einigkeit
• Ned Richardson-Little, The Universal Declaration of Human Rights in East Germany: Socialist Appropriation and Dissident Contestation, 1948-1989
• Janne Mende, Indigene Menschenrechte: Universalismus oder Indigenität?
• Daniel Stahl, Zur Genese des Rechts auf Wahrheit
• Michael Homberg, Technologie, die verbindet? Informationstechnik und Menschenrechte im digitalen Zeitalter
• Samuel Moyn, Theses on Humanitarianism and Human Rights
• Bill Sharman, Refugee Refusals: Human Rights and Humanitarianism since 1948
• Jakob Schönhagen, Ein vergessenes Jubiläum: Das „New York Protocol“ von 1967 jährte sich im Jahr 2017 zum 50sten Mal
• Ryan Heyden, For the Formation of a Peaceful Future: Humanitarianism, Occupation, and a defeated Germany, 1945-1949
• Jiayi Tao, Uncovering International Aid in China from UNRRA, 1943-1947

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 35, no. 6, 2018) is out. Contents include:

• Gordon Blanke, Free Zone Arbitration in the United Arab Emirates: DIFC v. ADGM (Part II)
• Heiko A. Haller & Annette Keilmann, In Claimant’s Hands? Admissibility and Consequences of a Withdrawal of Claim in International Arbitration
• Joachim Drude, Fiat iustitia, ne pereat mundus: A Novel Approach to Corruption and Investment Arbitration
• Shaun Pereira, Deferred Challenges to Jurisdiction Under the Model Law

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 9, no. 4, December 2018) is out. Contents include:

• Articles
• Georgios Dimitropoulos, Investor–State Dispute Settlement Reform and Theory of Institutional Design
• William Thomas Worster, The Frailties of Maps as Evidence in International Law
• Jonathan Hill, Is an Interim Measure of Protection Ordered by an Arbitral Tribunal an Arbitral Award?
• María Asunción Cebrián Salvat, Jurisdiction in Franchising Agreements: In Search of Efficiency
• Jorge E Viñuales, Too Many Butterflies? The Micro-Drivers of the International Investment Law System
• Daniel Peat, International Investment Law and the Public Law Analogy: The Fallacies of the General Principles Method
• Current Developments
• Joost Pauwelyn & Rebecca J Hamilton, Exit from International Tribunals
• Practicing Article
• Sergio Ugalde & Juan José Quintana, Managing Litigation before the International Court of Justice

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.