Saturday, September 12, 2020
Call for Submissions: Yearbook of International Disaster Law
Friday, September 11, 2020
New Issue: International Affairs
- Special Section: Sexual Violence in the Wrong(ed) Bodies: Moving Beyond the Gender Binary in International Relations
- Paula Drumond, Elizabeth Mesok, & Marysia Zalewski, Sexual violence in the wrong(ed) bodies: moving beyond the gender binary in International Relations
- Chris Dolan, Maria Eriksson Baaz, & Maria Stern, What is sexual about conflict-related sexual violence? Stories from men and women survivors
- Philipp Schulz & Heleen Touquet, Queering explanatory frameworks for wartime sexual violence against men
- Billy Holzberg & Priya Raghavan, Securing the nation through the politics of sexual violence: tracing resonances between Delhi and Cologne
- Paul Kirby, Sexual violence in the border zone: the EU, the Women, Peace and Security agenda and carceral humanitarianism in Libya
- Articles
- Sara E Davies & Clare Wenham, Why the COVID-19 response needs International Relations
- Simon Reich & Peter Dombrowski, The consequence of COVID-19: how the United States moved from security provider to security consumer
- Carla Norrlöf, Is COVID-19 the end of US hegemony? Public bads, leadership failures and monetary hegemony
- Michael Chertoff, Patrick Bury, & Daniela Richterova, Bytes not waves: information communication technologies, global jihadism and counterterrorism
- Kai Liao, The future war studies community and the Chinese revolution in military affairs
- Marwa Daoudy, Water weaponization in the Syrian conflict: strategies of domination and cooperation
- Ann-Kathrin Rothermel, Global–local dynamics in anti-feminist discourses: an analysis of Indian, Russian and US online communities
- Kjølv Egeland, Who stole disarmament? History and nostalgia in nuclear abolition discourse
Appel à contribution : La crise sanitaire de la covid-19 (AFDI 2020)
New Issue: World Trade Review
The latest issue of the World Trade Review (Vol. 19, Supplement, July 2020) is out. Contents include:- The Trade Impacts of Fossil Fuel Subsidies
- Tom Moerenhout, Trade Impacts of Fossil Fuel Subsidies
- Elizabeth L. Roos & Philip D. Adams, The Economy-Wide Impact of Subsidy Reform: A CGE Analysis
- Manal Shehabi, Is Energy Subsidy Reform in an Oil-Exporting Small Economy Beneficial to Trade? Illustrations from Kuwait
- Joerg Beutel, Analysing Fuel Subsidy and Taxation Reform with Input–Output Data
- Habtamu Fuje, Transportation Cost, Fuel Subsidies, and Commodity Prices
- Ronald P. Steenblik & Mark Mateo, Western Europe's Long Retreat from Coal and Implications for Energy Trade
Thursday, September 10, 2020
Gray: First Indictment Announced at the Kosovo Specialist Chambers
Kevin W. Gray has posted an ASIL Insight on First Indictment Announced at the Kosovo Specialist Chambers.
Alter: Contracting v. Multilateralism in Global Economic Governance: Before, during and after the WTO
Karen J. Alter (Northwestern Univ. - Political Science; Univ. of Copenhagen - iCourts) has posted Contracting v. Multilateralism in Global Economic Governance: Before, during and after the WTO (in International Economic Dispute Settlement: Demise or Transformation?, Manfred Elsig, Rodrigo Polanco & Peter van den Bossche eds., forthcoming). Here's the abstract:
This chapter, for a book focused on the future of the World Trade Organization, discusses three ways that global economic law and corresponding transnational dispute settlement systems have been constructed across time: via private contracting, inter-state contracting, or through principled multilateralism. Offering a global capitalism and law perspective, the chapter compares the ideal type of each model to the historical practice, identifying what multilateralism provides that contracting does not. The larger argument is that all three modes of law-making should and will co-exist. We should therefore be thinking about which mode of law-making is best for a particular issue or context, and how we might use the other modes to address problems that arise in each approach. The chapter then considers how contracting can supplant the WTO, and the tradeoffs associated with such an outcome.
Ninth Annual Junior Faculty Forum for International Law
Wednesday, September 9, 2020
Conference: 49th Annual Conference of the Canadian Council on International Law
New Issue: ICSID Review: Foreign Investment Law Journal
The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 34, no. 3, Fall 2019) is out. Contents include:- Article
- Emmanuel Gaillard, 2018 Lalive Lecture: The Myth of Harmony in International Arbitration
- Case Comment
- Gabriel M Lentner, Bridgestone v Panama: When Are Trademarks Covered Investments?
- Jeffrey Cohen, Edi Grgeta, & Federico Temerlin, In All Probability: An Economic Reading of Damages Under Factory at Chorzów
- Constantinos Salonidis & Sudhanshu Roy, Union of India v Vodafone Group plc: One Step Closer to Reconciling the Jurisdictional Competence of Domestic Courts and Investment Treaty Tribunals?
- Articles
- Mark McLaughlin, Defining a State-Owned Enterprise in International Investment Agreements
- Gary Born & Stephanie Forrest, Amicus Curiae Participation in Investment Arbitration
- Kathryn Khamsi, Investments in Unsettled Maritime Boundary Contexts: The Role of Bilateral Investment Treaties in Delivering Certainty
- Asaf Niemoj, The Limitations on Article 43 ICSID Convention: An (Un)limited Instrument of the Tribunal?
- Ridhi Kabra, Return of the Inconsistent Application of the ‘Essential Security Interest’ Clause in Investment Treaty Arbitration: CC/Devas v India and Deutsche Telekom v India
Tuesday, September 8, 2020
New Issue: Diritti umani e diritto internazionale
- Studi
- Eduardo Savarese, ‘What Is Done, Is Done’: come non espugnare la filiazione internazionalprivatistica, ma armonizzarla con i diritti umani
- Gabriele Della Morte, Quanto Immuni? Luci, ombre e penombre dell’app selezionata dal Governo italiano
- Francesca Maoli, Giovanni Sciaccaluga, Sara Lembrechts, Tine Van Hof, Laura Carpaneto, Thalia Kruger, & Wouter Vandenhole, Understanding the Best Interests of the Child in EU Child Abduction Proceedings: Perspectives from the Case Law
- CRC and Its Friends: 30 Years of Outsourcing Interpretation of Children’s Rights
- Giacomo Biagioni, The Convention on the Rights of the Child and the EU Judicial Cooperation in Civil Matters
- Brigida Varesano, The Controversial Condition of Child-Soldiers: The Quest For Consistency Through the Lens of the Child’s Best Interests in the Light of the Convention on the Rights of the Child
- La riforma della prescrizione: diritto costituzionale, diritto penale e Convenzione europea dei diritti umani
- Margherita Cassano, Introduzione
- Marcello Cecchetti, Simone Pajno, Il problema della prescrizione penale alla prova del costituzionalismo ‘per principi’
- Gian Luigi Gatta, Prescrizione del reato, ragionevole durata del processo e tutela dei beni giuridici
- Maria Luisa Padelletti, La riforma della prescrizione tra diritti dell’imputato e della persona offesa: riflessioni dal punto di vista della Convenzione europea dei diritti dell’uomo
- Interventi
- Marcello Di Filippo, Walking the (Barbed) Wire of the Prohibition of Collective Expulsion: An Assessment of the Strasbourg Case Law
- Maria Ferrara, L’ordinanza cautelare della Corte internazionale di giustizia nel caso Gambia c. Myanmar: la prova dell’intento genocidario tra giurisdizione prima facie e test di plausibilità della pretesa
- Pasquale Pirrone, I primi pareri pregiudiziali della Corte europea dei diritti umani: aspetti procedurali
- Gianpaolo Maria Ruotolo, A Little Hate, Worldwide! Di libertà d’opinione e discorsi politici d’odio on-line nel diritto internazionale ed europeo
- Giovanni Zarra, Sulla compatibilità di misure restrittive, adottate in Italia e nella Regione Campania per contenere l’epidemia di COVID-19, con gli articoli 5 e 2 del Protocollo n. 4 CEDU
Monday, September 7, 2020
Stahn & Iverson: Just Peace After Conflict: Jus Post Bellum and the Justice of Peace
The interplay between peace and justice plays an important role in any contemporary conflict. Peace can be described in a variety ways, as being 'negative' or 'positive', 'liberal' or 'democratic'. But what is it that makes a peace just? This book draws together leading scholars to study this concept of a 'just peace', analysing different elements of the transition from conflict to peace.
The volume covers six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law, and economic reform and accountability. Contributions engage with understudied issues, such as the pros and cons of robust UN mandates, the link between environmental protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices, and the protection of labour rights in post-conflict economies. Overall, the book puts forward a case that just peace requires not only negotiation, agreement, and compromise, but contextual understandings of law, multiple dimensions of justice, and strategies of prevention.
New Volume: Recueil des Cours
Volume 407 of the
Recueil des Cours, Collected Courses of the Hague Academy of International
Law
is out. Contents include:
- Volume 407
- Jan Wouters, Le statut juridique des standards publics et privés dans les relations économiques internationales
- Sandrine Maljean-Dubois, Le droit international de la biodiversité
Fikfak: War, International Law and the Rise of Parliament - The Influence of International Law on UK Parliamentary Practice with Respect to the Use of Force
Veronika Fikfak (Univ. of Copenhagen - Law) has posted War, International Law and the Rise of Parliament - The Influence of International Law on UK Parliamentary Practice with Respect to the Use of Force. Here's the abstract:
In foreign relations law, the power to wage war is inherently an executive power. It is the government that declares war or sends the military forces into battle. Yet, increasingly, the prerogative to engage in military action has been open to scrutiny by domestic parliaments. These are more and more frequently asked to provide support for the Government in its decisions and to the military personnel on the ground. The votes in national parliaments provide legitimacy to the decision made and give the impression of the Government having been held to account by the people’s representatives. In some cases, ie when national parliaments had effectively vetoed the Government’s plans for military actions, there is even talk of a quasi-sharing of powers between the Executive and the Legislature. The paper tracks the decline of ‘government’ and the rise of the ‘house’ in the language used in the debates in the UK Parliament. It reveals how the terminology used in the debates has shifted from the power of the Government to the responsibility of the House. It maps out how this shift is mirrored in the increased relevance of international law and specifically the legality of the military intervention. It is this question – and particularly the experience of Iraq – that has reshaped the position of the UK Parliament vis-à-vis the Government. The investigation also reveals that as more and more MPs become involved and informed on issues of war, the deference shown to international institutions and their evaluation of the situation declines. MPs become more confident and more competent to make these decisions themselves.
ESIL Interest Group Workshops This Week
Call for Papers: Practising Reflexivity in International Law
The Law Department of the European University Institute, with the support of the European Society of International Law, has issued a call for papers for a Doctoral Forum on International Law, to be held in Florence, on November 23–24, 2020. The topic is "Practising Reflexivity in International Law." The call is here. The deadline is September 13, 2020.
Event: Covid-19 and international law: science and disinformation, exceptions and emergencies
On September 10, 2020, the European Society of International Law and the Stockholm Center for International Law and Justice will hold a joint event, consisting of two panels: "Covid-19 and International Law: Science, Tech, Trolls and the Role of Information" and "Covid-19 and International Law: Emergencies, Exceptions and Regime Contestation." Details, including registration information, can be found here.
Call for Submissions: Migration and Culture: Implementation of Cultural Rights of Migrants
A call for submissions has been issued for a volume on "Migration and Culture: Implementation of Cultural Rights of Migrants," to be edited by Giovanni Carlo Bruno (National Research Council of Italy), Fulvio Maria Palombino (Univ. of Naples “Federico II”), Adriana Di Stefano (Univ. of Catania), and Gianpaolo Maria Ruotolo (Univ. of Foggia). The call is here.
Longobardo: State Immunity and Judicial Countermeasures
Marco Longobardo (Univ. of Westminster - Law) has posted State Immunity and Judicial Countermeasures (European Journal of International Law, forthcoming). Here's the abstract:
This article explores whether domestic courts can deny jurisdictional immunity of a state as a countermeasure. The article offers a survey of state practice that, according to some scholars, would support this argument, demonstrating that the corresponding practice is scarce, and that relevant domestic legislation denying jurisdictional immunity is not adopted as a countermeasure. Typically, countermeasures are adopted by political organs, which are responsible for the state’s international relations and which can assess what is a lawful response to a violation of international law. Domestic courts are not entitled to adopt countermeasures without the involvement of the executive organs that are competent for the international relations of the state. This article demonstrates that a domestic court’s denial of sovereign immunity as a countermeasure is unlawful without a prior determination of the government, and it is highly impractical when that determination is provided.
Sunday, September 6, 2020
Webinars: International Disaster Law
The Yearbook of International Disaster Law and the American Society of International Law's Disaster Law Interest Group have organized a series of webinars. Participation is free of charge. The schedule is here.
Saturday, September 5, 2020
Conference: 2020 ASIL Midyear Meeting
On October 29-30, 2020, the American Society of International Law will hold its Midyear Meeting in a fully virtual format. Registration is now open. The program is here.
Celermajer & Lefebvre: The Subject of Human Rights
The Subject of Human Rights is the first book to systematically address the "human" part of "human rights." Drawing on the finest thinking in political theory, cultural studies, history, law, anthropology, and literary studies, this volume examines how human rights—as discourse, law, and practice—shape how we understand humanity and human beings. It asks how the humanness that the human rights idea seeks to protect and promote is experienced.
The essays in this volume consider how human rights norms and practices affect the way we relate to ourselves, to other people, and to the nonhuman world. They investigate what kinds of institutions and actors are subjected to human rights and are charged with respecting their demands and realizing their aspirations. And they explore how human rights shape and even create the very subjects they seek to protect. Through critical reflection on these issues, The Subject of Human Rights suggests ways in which we might reimagine the relationship between human rights and subjectivity with a view to benefiting human rights and subjects alike.
Friday, September 4, 2020
Cormier: The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
This book provides a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties. It is within the context of developments at the Court in recent years that this work addresses the overarching question: On what legal basis is the ICC authorised to exercise jurisdiction over nationals of non-States Parties? Engaging with ICC jurisprudence and building upon arguments developed in legal scholarship, this book explores the theory of delegated jurisdiction and critically examines the idea that the Court might alternatively be exercising jurisdiction inherent to the international community. It argues that delegation of territorial jurisdiction and implied consent by virtue of UN membership provide a legal basis to allow the ICC to exercise jurisdiction over nationals of non-States Parties in almost all situations envisaged by the Rome Statute.
New Issue: Review of International Studies
- Catherine Owen, Participatory authoritarianism: From bureaucratic transformation to civic participation in Russia and China
- Merisa S. Thompson, Alasdair Cochrane, & Justa Hopma, Democratising food: The case for a deliberative approach
- Yong Wook Lee, Performing civilisational narratives in East Asia: Asian values, multiple modernities, and the politics of economic development
- Sarah von Billerbeck, No action without talk? UN peacekeeping, discourse, and institutional self-legitimation
- Catherine Van Offelen & M. L. R. Smith, Agonising choices: Tragedy and International Relations – a tragic vision of humanitarian intervention in the Bosnian War
- Patrick Quinton-Brown, The South, the West, and the meanings of humanitarian intervention in history
- Alexander Beresford & Daniel Wand, Understanding bricolage in norm development: South Africa, the International Criminal Court, and the contested politics of transitional justice
- Tracy Adams & Zohar Kampf, ‘Solemn and just demands’: Seeking apologies in the international arena
Thursday, September 3, 2020
New Issue: Humanity
The latest issue of Humanity (Vol. 11, no. 2, Summer 2020) is out. Contents include:- Leslie Barnes, Live-Tweeting And Distant Suffering: Nicholas Kristof As Global Savior
- Kavita Ramakrishnan & Ludĕk Stavinoha, Beyond Humanitarian Logics: Volunteer-Refugee Encounters In Chios And Paris
- Dossier: Moral Economy
- Jeremy Adelman, Introduction: The Moral Economy, The Careers Of A Concept
- Francesca Trivellato, The Moral Economies Of Early Modern Europe
- Tim Rogan, R. H. Tawney
- Marion Fourcade, The Imperfect Promise Of The Gift
- Didier Fassin, Are The Two Approaches To Moral Economy Irreconcilable?
- Emilio Kourì, On The Mexican Ejido
- Margaret R. Somers, The Moral Economy Of The Capitalist Crowd: Utopianism, The Reality Of Society, And The Market As A Morally Instituted Process In Karl Polanyi’s The Great Transformation
- Samuel Moyn, T. H. Marshall, The Moral Economy, And Social Rights
- Timothy Shenk, “I Am No Longer Answerable For Its Actions”: E. P. Thompson After Moral Economy
- Joel Isaac, Moral Economy In Its Place: The Contribution Of James C. Scott
Atchabahian: Transterritorialidade: Uma Teoria de Responsabilização de Empresas por Violações aos Direitos Humanos
Segurança. A humanidade sempre empregou seus instintos e esforços na busca de circunstâncias que a colocasse em segurança. A garantia de conforto foi igualmente o ideal que permitiu o avanço social. Neste momento, a sociedade se depara com a promessa de garantir para si maior conforto e segurança por meio da aquisição de bens. Prosperidade econômica, investimentos, consumo de mercadorias, garantia de conforto e comodidade. Fortuna aparente de uma sociedade que condicionou sua identidade e felicidade à aquisição de produtos, esquecendo-se de avaliar os esforços humanos empregados para a construção desse imaginário. O resultado dessa equação é verificado na mesma proporção em que as mercadorias são produzidas: violações aos direitos humanos e ao meio ambiente, em uma sociedade que sobrevive às mazelas da natureza e aos seus semelhantes, mas continua a acreditar em um aparente conforto trazido pela atividade corporativa. É neste cenário que se situa a presente obra: diante da conivência estatal para com as empresas e da estrutura do Direito Internacional que ainda prioriza os Estados como os principais sujeitos de sua disciplina, a teoria da Transterritorialidade busca responsabilizar empresas e proteger as vítimas destas violações.
Safety. Humanity has always used its instincts and efforts in the search for circumstances that would make it safe. The guarantee of comfort was also the ideal that allowed social progress. At this moment, society is faced with the promise of guaranteeing greater comfort and security for itself through the acquisition of goods. Economic prosperity, investments, consumption of goods, guarantee of comfort and convenience. Apparent fortune of a society that conditioned its identity and happiness to the acquisition of products, forgetting to evaluate the human efforts used to build this imaginary. The result of this equation is verified in the same proportion in which the goods are produced: violations of human rights and the environment, in a society that survives the ailments of nature and its neighbors but continues to believe in an apparent comfort brought by the corporate activity. It is in this scenario that this book is published: in view of the state collusion with companies and the structure of international law that still prioritizes States as the main subjects of its discipline, the theory of Transterritoriality seeks to hold corporations accountable and protect the victims of the abovementioned violations . Based on multidisciplinary literature, deriving from Sociology, International Relations, International Law, International Law of Human Rights, Sociology of Law and from International Constitutional Law, it was built a theory with the objective of confirming the applicability of the rules of Private International Law, Public International Law and International Human Rights Law by the States and the national judges in a heterarchical and transversal manner, resulting in a true dialogue between the national jurisdictions and International Courts in holding corporations accountable for human rights violations.
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