Saturday, May 29, 2021

Cottier: The Prospects of Common Concern of Humankind in International Law

Thomas Cottier
(World Trade Institute) has published The Prospects of Common Concern of Humankind in International Law (Cambridge Univ. Press 2021). The table of contents is here. Here's the abstract:
The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.

Job Opening: NUS Centre for International Law (Research Associate/Research Assistant)

The Centre for International Law, National University of Singapore is accepting applications for a Research Associate/Research Assistant in its Investment Law and Policy Programme. The advertisement is here.

Call for Papers: The Law and Practice of EU Diplomacy in Regional and Global Organisations

A call for papers has been issued for the 7th Geneva Jean Monnet Doctoral Workshop on "The Law and Practice of EU Diplomacy in Regional and Global Organisations." The call is here.

Special Issue: Fondo Monetario Internacional y derechos humanos (Update)

The latest issue of Revista Derechos en Acción (No. 18, Verano 2020-2021) focuses on "Fondo Monetario Internacional y derechos humanos." This issue is available open access here. The table of contents is here. The foreword and interviews from this special issues are now available in English here.

Conference: Law and Policy in European Integration (1960s-1990s)

On June 1-2, 2021, the Max Planck Institute for Legal History and Legal Theory will host a online conference on "Law and Policy in European Integration (1960s-1990s)." Details are here.

Conference: Minor’s Right to information in EU civil cases: Improving children’s right to information in cross-border civil cases

On June 17-18, 2021, the European Association for Family and Succession Law, together with the University of Genoa, will host an online conference on children's rights and private international law. The topic is: "Minor’s Right to information in EU civil cases: Improving children’s right to information in cross-border civil cases." Program and registration are here.

Dinstein: Legal Advisers in the Field During Armed Conflict

Yoram Dinstein (Tel Aviv Univ.) has posted Legal Advisers in the Field During Armed Conflict (International Law Studies, forthcoming). Here's the abstract:
Additional Protocol I to the Geneva Conventions of 1949 requires that legal advisers be made available to military commanders, particularly during hostilities. This treaty stipulation was quite innovative in 1977, but it has achieved widespread implementation, even among non-Contracting Parties. It is noteworthy that the United States—which objects to numerous provisions of Additional Protocol I—does not dissent from the article requiring legal advisers. A study of the practice of States, made by the International Committee of the Red Cross, confirms that the norm requiring that legal advisers be made available to advise military commanders in time of armed conflict currently reflects customary international law. This essay examines how the requirement is implemented by States and how States view the specific role of the legal adviser, their relationship to the military commander, their training (as well the commander’s training), and responsibility for faulty advice.

Caba: Obstruction of Justice at the International Criminal Court

Jan Caba
has published Obstruction of Justice at the International Criminal Court: A Comparison with the United States, Germany and the International Criminal Tribunal for the Former Yugoslavia (Duncker & Humblot 2021). Here's the abstract:
Criminal proceedings are at constant risk of being disrupted, be it by witness interference, false testimonies or other forms of obstruction of justice. National legal systems extensively penalize such obstructive acts in order to protect their criminal trials, and even US Presidents could face consequences for obstruction of justice, as was exemplified by Richard Nixon and Donald Trump. The problem of obstruction of justice is particularly acute in international criminal trials, many of which are affected by witness interference and other obstructive acts. Yet the penalization of obstruction of international criminal justice is hardly an issue in practice or in the academic world. This study analyses the criminal law on obstruction of justice at the International Criminal Court and compares it with the respective legal regimes of Germany, the United States federal system, and the International Criminal Tribunal for the former Yugoslavia. Does the obstruction law of the International Criminal Court protect its proceedings in equal measure?

Eccleston-Turner & Rourke: The TRIPS Waiver is Necessary, but it Alone is not Enough to Solve Equitable Access to COVID-19 Vaccines

Mark Eccleston-Turner (Keele Univ.) & Michelle Rourke (Griffith Univ.) have posted an ASIL Insight on The TRIPS Waiver is Necessary, but it Alone is not Enough to Solve Equitable Access to COVID-19 Vaccines.

Friday, May 28, 2021

New Volume: Recueil des Cours

Volume 415 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 415
    • Peter Trooboff, Globalization, Personal Jurisdiction and the Internet

Thursday, May 27, 2021

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 25, no. 5, 2021) is out. Contents include:
  • Fulfilling the Cultural and Language Rights of Minorities and Indigenous Peoples
    • Katerina Hatzikidi, Corinne Lennox & Alexandra Xanthaki, Cultural and language rights of minorities and indigenous peoples
    • Katerina Hatzikidi, Cultural mediators and the protection of ethnic minority cultural rights: reflecting on successes and challenges around quilombo heritage in Brazil
    • Ross Holder, On the interrelatedness of human rights, culture and religion: considering the significance of cultural rights in protecting the religious identity of China’s Uyghur minority
    • Jessika Eichler, Intangible cultural heritage, inequalities and participation: who decides on heritage?
    • Rehnuma Sazzad, Language movements in Sri Lanka and Pakistan: exploring global conflicts of language and cultural rights with other human rights
    • Ekaterina Arutyunova & Konstantin Zamyatin, An Ethnolinguistic conflict on the compulsory learning of the state languages in the republics of Russia: policies and discourses
    • Siu Lang Carrillo Yap, The role of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (ICH Convention) in the protection of traditional forest-related knowledge (TFRK) of Amazonian indigenous peoples

New Volume: Recueil des Cours

Volume 414 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 414
    • Alain Pellet, Le droit international à la lumière de la pratique: l’introuvable théorie de la réalité. Cours général de droit international public

New Issue: International Environmental Agreements: Politics, Law and Economics

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 21, no. 2, June 2021) is out. Contents include:
  • Tobias Nielsen, Nicolai Baumert, Astrid Kander, Magnus Jiborn & Viktoras Kulionis, The risk of carbon leakage in global climate agreements
  • Takahiro Oki, European fuel economy policy for new passenger cars: a historical comparative analysis of discourses and change factors
  • Yayun Shen & Michael Faure, Green building in China
  • Nicholas Chan, Beyond delegation size: developing country negotiating capacity and NGO ‘support’ in international climate negotiations
  • Aigul Nukusheva, Gulzhazira Ilyassova, Dinara Rustembekova, Roza Zhamiyeva & Leila Arenova, Global warming problem faced by the international community: international legal aspect
  • Carl Middleton & David J. Devlaeminck, Reciprocity in practice: the hydropolitics of equitable and reasonable utilization in the Lancang-Mekong basin
  • Tobias Renner, Sander Meijerink, Pieter van der Zaag & Toine Smits, Assessment framework of actor strategies in international river basin management, the case of Deltarhine
  • Alexandra-Maria Bocse, Hybrid transnational advocacy networks in environmental protection: banning the use of cyanide in European gold mining
  • Osman Devrim Elvan, Üstüner Birben, & Hasan Emre Ünal, The effectiveness of the Bern Convention on wildlife legislation and judicial decisions in Turkey
  • Andreas Kokkvoll Tveit, Does capacity increase compliance? Examining evidence from European cooperation against air pollution

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 52, no. 2, 2021) is out. Contents include:
  • Wenlan Yang, Protecting Submarine Cables From Physical Damage Under Investment Law
  • Hayley Roberts, Identifying “Exclusionary Agreements”: Agreement Type as a Procedural Limitation in UNCLOS Dispute Settlement
  • Ethan Beringen, Nengye Liu & Michelle Lim, Australia as a Middle Power: Challenging the Narrative of Developed/Developing States in International Negotiations Surrounding Marine Genetic Resources
  • Robin Churchill, Just a Harmless Fishing Fad—or Does the Use of FADs Contravene International Marine Pollution Law?
  • Pierre Thévenin, A Liberal Maritime Power as Any Other? The Soviet Union during the Negotiations of the Law of the Sea Convention

Wednesday, May 26, 2021

Call for Submissions: The Future of Human Rights

The Nordic Journal of Human Rights has issued a call for submissions for a special issue to mark its fortieth anniversary. The theme is: "The Future of Human Rights." The call is here.

AJIL Unbound Symposium: Interstate Disputes Over Water Rights

AJIL Unbound has posted a symposium on "Interstate Disputes Over Water Rights." The symposium includes an introduction by Gabriel Eckstein and James Salzmane and contributions by Susanne Schmeier, Francesco Sindico, Salman M.A. Salman, Mara Tignino, Dinara R. Ziganshina, and Gabriel Eckstein.

Hossain: Russia’s Proposed Extended Continental Shelf in the Arctic Ocean: Science Setting the Stage for Law

Kamrul Hossain (Univ. of Lapland - Northern Institute for Environmental and Minority Law) has posted an ASIL Insight on Russia’s Proposed Extended Continental Shelf in the Arctic Ocean: Science Setting the Stage for Law.

Workshop: Interpretation in International Law: Rules, Content, and Evolution

On June 11, 2021, the TRICI-Law project and the Department of Transboundary Legal Studies of the University of Groningen will hold an online workshop on "Interpretation in International Law: Rules, Content, and Evolution." Program and registration are here.

Call for Submissions: Trade, Law and Development

The journal Trade, Law and Development has issued a call for submissions for its Winter 2021 issue (Vol. 13, no. 2). The call is here. The deadline is August 1, 2021.

Webinar: The Rohingya, Justice and International Law

On May 31, 2021, the Oxford Transitional Justice Research Group, the Bonavero Institute of Human Rights, and the Oxford Institute for Ethics, Law and Armed Conflict’s Programme for International Peace and Security will host a discussion of Kriangsak Kittichaisaree’s (Judge, International Tribunal for the Law of the Sea) forthcoming book The Rohingya, Justice and International Law. Details and registration are here.

New Issue: Asian Journal of International Law

The latest issue of the Asian Journal of International Law (Vol. 11, no. 1, January 2021) is out. Contents include:
  • Notes and Comments
    • Raghavi Viswanath, Elevating Cultural Rights Using International Criminal Law—The Asian Story
    • Abhishek Trivedi, The ICJ's Jadhav Judgment and Its Implications for Pakistan and India under International Law
    • Christian Schultheiss, “One of the First Matters to be Addressed but Distinct” or “Distinct but Inseparable”? The Distinction Between Maritime Entitlement and Sea Boundary Delimitation in the Philippines v. China Arbitration
    • Mohammad Belayet Hossain, Asmah Laili Bt Yeon, Ahmad Shamsul Bin Abd. Aziz, FDI and Dispute Settlement Arrangements in Bangladesh: Issues and Challenges
  • Articles
    • Marco Longobardo, The Legality of Closure on Land and Safe Passage Between the Gaza Strip and the West Bank
    • Vid Prislan, Challenging Domestic Judgments Through Investment Arbitration: Implications for the Forced Labour Litigation in Korea?
    • Andrew Serdy, Seabed Boundaries in the Northern Bay of Bengal: The Unclear Role of the Commission on the Limits of the Continental Shelf in Paving the Way to Resource Exploitation
    • Simon McKenzie, Autonomous Technology and Dynamic Obligations: Uncrewed Maritime Vehicles and the Regulation of Maritime Military Surveillance in the Exclusive Economic Zone
    • Mohsen Al Attar, Must International Legal Pedagogy Remain Eurocentric?

Tuesday, May 25, 2021

New Issue: European Convention on Human Rights Law Review

The latest issue of the European Convention on Human Rights Law Review (Vol. 2, no. 1, 2021) is out. Contents include:
  • Kanstantsin Dzehtsiarou & Vassilis P Tzevelekos, Interim Measures: Are Some Opportunities Worth Missing?
  • Başak Çali, Autocratic Strategies and the European Court of Human Rights
  • Armen Harutyunyan, The Future of the European Court of Human Rights in the Era of Radical Democracy
  • Philip Leach, On Inter-State Litigation and Armed Conflict Cases in Strasbourg
  • Eva Hauksdóttir, Restricting Freedom of Expression for Religious Peace: On the echr’s Approach to Blasphemy
  • Jeremy Letwin, Why Completeness and Coherence Matter for the European Court of Human Rights

Webinar: Questions of Evidence in Law of the Sea Adjudication

On May 27, 2021, the ESIL Interest Group on the Law of the Sea will host the second session of its webinar series on “Current Issues in the Law of the Sea.” The topic is “Questions of Evidence in Law of the Sea Adjudication” and will be delivered by Marco Benatar (International Tribunal for the Law of the Sea). Details are here.

Webinar: The Protection of Cultural Heritage by the International Criminal Court

Tomorrow, May 26, 2021, Bedford Row will host a webinar on "The Protection of Cultural Heritage by the International Criminal Court." Details are here.

Conference: Bilateral Labor Agreements

On June 6-8, 2021, Tel Aviv University will host an online conference on "Bilateral Labor Agreements." Program and registration are here.