Ali, Balcerzak, Colombo, & Karton: Diversity in International Arbitration: Why it Matters and How to Sustain It

Shahla F. Ali (Univ. of Hong Kong), Filip Balcerzak (Adam Mickiewicz Univ.), Giorgio Fabio Colombo (Nagoya Univ.) & Joshua Karton (Queen’s Univ.) have published Diversity in International Arbitration: Why it Matters and How to Sustain It (Edward Elgar Publishing 2022). The table of contents is here. Here's the abstract:

After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 25, no. 1, 2023) is out. Contents include:

• Nathanael Tilahun, The EU Global Human Rights Sanctions Regime: between Self Help and Global Governance
• Jamal Barafi & Ali Hadi Al-Obeidi, Legal Protection of the Right to be Forgotten on the Internet in European and Arab Legislation
• Joseph Orangias, The Nexus between International Law and Science: An Analysis of Scientific Expert Bodies in Multilateral Treaty-Making
• James R. Brakebill, Mugemangango v. Belgium: No Exceptions for “Old Democracies”

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 24, no. 1, 2023) is out. Contents include:

• Freya Baetens, World Trade Organization Rules Before Investment Tribunals: Facilitating Cross-Fertilisation While Appreciating Particularities
• Henner Gött, Rules of the Organization: Article 5 of the Vienna Convention on the Law of Treaties and the Relevance of European Union Law in
• Tania Voon & Dean Merriman, Incoming: How International Investment Law Constrains Foreign Investment Screening
• Pacôme Ziegler & Cristian Gallorini, The Case for the Ex-Post Valuation of Damages Under International Investment Law

Call for Submissions: Transnational Criminal Law Review

The Transnational Criminal Law Review has issued a call for submissions for its Volume 2, number 2. The call is here.

Sloss: Is the International Legal Order Unraveling?

David L. Sloss (Santa Clara Univ. - Law) has published Is the International Legal Order Unraveling? (Oxford Univ. Press 2022). The table of contents is here. Here's the abstract:

This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison.

Ishikawa: Corporate Environmental Responsibility in Investor-State Dispute Settlement: The Unexhausted Potential of Current Mechanisms

Tomoko Ishikawa (Nagoya Univ.) has published Corporate Environmental Responsibility in Investor-State Dispute Settlement: The Unexhausted Potential of Current Mechanisms (Cambridge Univ. Press 2022). Here's the abstract:

This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.

Murray & Long: Research Handbook on Implementation of Human Rights in Practice

Rachel Murray (Univ. of Bristol) & Debra Long (Univ. of Bristol) have pubilshed Research Handbook on Implementation of Human Rights in Practice (Edward Elgar Publishing 2022). The table of contents is here. Here's the abstract:

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make and the tools they use to facilitate human rights implementation.

Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings and the use of IT for compliance.

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 20, no. 5, November 2022) is out. Contents include:

• Articles
• Giulia Pinzauti & Alessandro Pizzuti, Prosecuting Aggression against Ukraine as an ‘Other Inhumane Act’ before the ICC
• Manuel J Ventura, Accessory After the Fact at the International Criminal Court? Reconciling Article 25(3)(c) in Spanish of the Polylingual ICC Statute
• Symposium: The Protection of the Environment during Warfare: An International Environmental Law Perspective
• Jérôme de Hemptinne & Raphaël van Steenberghe, Foreword
• Raphaël van Steenberghe, The Interplay between International Humanitarian Law and International Environmental Law: Towards a Comprehensive Framework for a Better Protection of the Environment in Armed Conflict
• Karen Hulme, Using International Environmental Law to Enhance Biodiversity and Nature Conservation During Armed Conflict
• Mara Tignino & Tadesse Kebebew, The Legal Protection of Freshwater Resources and Related Installations during Warfare
• Andrew Norris, The Intersection of International Environmental Law and International Humanitarian Law at Sea
• Jérôme de Hemptinne, The Regulation of Hazardous Substances and Activities During Warfare
• Jérôme de Hemptinne, Concluding Observations on the Influence of International Environmental Law over International Criminal Law

Workshop: Beauty and Power: Aesthetics, History, and International Law

On October 19-20, 2023, the Graduate Institute will host a workshop on "Beauty and Power: Aesthetics, History, and International Law." Details are here.

New Issue: Journal of Human Rights

The latest issue of the Journal of Human Rights (Vol. 22, no. 1, 2023) is out. Contents include:

• Special Issue: The International Criminal Court at 25: Reassessing Processes and Outcomes
• M. P. Broache, Kate Cronin-Furman, David Mendeloff & Jacqueline R. McAllister, The International Criminal Court at 25
• Oumar Ba, Constructing an international legal order under the shadow of colonial domination
• Lucrecia García Iommi, Nothing changed after Rome: Continuity in state support for the International Criminal Court
• Eric Wiebelhaus-Brahm & Kirsten Ainley, The evolution of funding for the International Criminal Court: Budgets, donors and gender justice
• Genevieve Bates & Shauna N. Gillooly, Between negotiation and legitimation: The international criminal court and the political use of sovereignty challenges
• Courtney Hillebrecht & Hannah Roesch Read, The ICC beyond the courtroom: Activities, warnings, and impact
• M. P. Broache & Juhi Kore, Can the International Criminal Court prevent sexual violence in armed conflict?
• Jacqueline R. McAllister, Casting a shadow over war zones? Hard truths about the ICC’s efforts to deter wartime atrocities

Knox & Tronolone: Environmental Justice as Environmental Human Rights

John H. Knox (Wake Forest Univ. - Law) & Nicole Tronolone have posted Environmental Justice as Environmental Human Rights. Here's the abstract:

The movement for environmental justice in the United States, which has fought against environmental racism for forty years, is also a quest to bring the United States into compliance with international human rights law concerning the environment. This article seeks to clarify the relationship between the two, by assessing the U.S. environmental record in light of its obligations under international human rights law.

After setting out the most detailed restatement of environmental human rights law yet published in the scholarly literature, it conducts the first systematic evaluation of U.S. compliance with those norms. The article finds that while the United States does comply in some important ways, its record has some grave shortcomings and one gigantic gap: the failure to effectively address the disproportionate environmental burdens placed on African Americans, Native Americans, and other minorities. Human rights bodies have already characterized that failure as violating the United States' obligation to prevent racial discrimination.

The article concludes by observing how stronger bridges between the U.S. environmental justice movement and the international environmental human rights regime would benefit both sides. As a recent example, it highlights the U.S. decision in July 2022 to reverse its long-standing opposition to UN recognition of the human right to a healthy environment, which resulted at least in part from the increasing recognition by U.S. politicians that the language of environmental justice at home is the language of environmental human rights internationally.

Milanovic: Britain’s Contributions to Human Rights Law

Marko Milanovic (Univ. of Reading - Law) has posted Britain’s Contributions to Human Rights Law (British Yearbook of International Law, forthcoming). Here's the abstract:

This article, written for the centennial edition of the British Yearbook, assesses the various contributions made by the United Kingdom to the development of international human rights law (IHRL) in the last century and it focuses specifically on Britain’s contribution to the law and institutions of human rights as opposed to their enjoyment in practice. The initial focus of the article is on the political branches of the British State – its government and Parliament – in building the normative and institutional foundations of IHRL and in helping and promoting the work of these institutions. The article then looks at the contributions of the British judiciary and legal practitioners, which have been especially notable since the entry into force of the Human Rights Act 1998 (HRA). Finally, the article looks at the contributions of British academics, who have played an outsized role in the scholarly study of IHRL when compared to those from most other States.

d'Aspremont: Consenting to International Law in Five Moves

Jean d'Aspremont (Univ. of Manchester - School of Law; Sciences Po Law School) has posted Consenting to International Law in Five Moves (in Consenting to International Law, Samantha Besson ed., forthcoming). Here's the abstract:

This chapter seeks to unpack 5 of the main discursive moves witnessed in the literature and case-law pertaining to the question of consent to international law. This chapter argues that these 5 specific discursive moves are performed by almost anyone engaging with the question of consent to international law, be such engagement on the more orthodox side or the more critical side of the argumentative spectrum. These five discursive moves correspond to the reproduction of a very modernist understanding of authority, the constitution of the very subject that is consenting, the anonymization of the author of consent, the reversal of the temporality of the legal discourse on consent and the adoption of very binary patterns of thought. This chapter shows that discursive moves made by international lawyers around the idea of consent bears heavily upon the type of political legitimacy, the type of geography, the type of responsibility, the type of temporality, and the type of hermeneutics, that international law is serving.

Conference: International Law and the SAARC Region in Times of Crisis

On March 1, 2023, the Faculty of Legal Studies of South Asian University will host a conference on "International Law and the SAARC Region in Times of Crisis," in New Delhi and online (hybrid). Program and details are here.

Jovanovic: State Responsibility for ʻModern Slaveryʼ in Human Rights Law: A Right Not to Be Trafficked

Marija Jovanovic (Univ. of Essex - Law) has published State Responsibility for ʻModern Slaveryʼ in Human Rights Law: A Right Not to Be Trafficked (Oxford Univ. Press 2023). Here's the abstract:

What is ‘modern slavery’ and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book.

Marija Jovanovich analyses the role and responsibility of states for addressing ‘modern slavery’ – a diverse set of practices usually perpetrated by non-state actors – against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. The book considers the ‘absolute’ nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery, and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, Jovanovich glues together diverse practices of modern slavery, including servitude, forced labour, and human trafficking, into a coherent concept. The book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, this book offers a roadmap for the future development of law on this subject emphasizing the limits of human rights law as a tool for addressing modern slavery.

Stephan: The World Crisis and International Law: The Knowledge Economy and the Battle for the Future

Paul B. Stephan (Univ. of Virginia - Law) has published The World Crisis and International Law: The Knowledge Economy and the Battle for the Future (Cambridge Univ. Press 2023). Here's the abstract:

The knowledge economy, a seeming wonder for the world, has caused unintended harms that threaten peace and prosperity and undo international cooperation and the international rule of law. The world faces threats of war, pandemics, growing domestic political discord, climate change, disruption of international trade and investment, immigration, and the pollution of cyberspace, just as international law increasingly falls short as a tool for managing these challenges. Prosperity dependent on meritocracy, open borders, international economic freedom, and a wide-open Internet has met its limits, with international law one of the first casualties. Any effective response to these threats must reflect the pathway by which these perils arrive. Part of the answer to these challenges, Paul B. Stephan argues, must include a re-conception of international law as arising out of pragmatic and limited experiments by states, rather than as grand projects to remake and redeem the world.

Conference: Il controllo internazionale/Le contrôle international

On February 20-21, 2023, the Università degli Studi di Messina, the Società italiana di Diritto internazionale, and the Société française pour le droit international will hold a conference on "Il controllo internazionale/Le contrôle international" in Messina. Program and registration are here.

New Issue: Journal of International Wildlife Law & Policy

The latest issue of the Journal of International Wildlife Law & Policy (Vol. 25, no. 4, 2022) is out. Contents include:

• Vijay Kumar, Varun Attri, D. S. Rana & S. K. Chauhan, ‘Crop Raiding’: Farmers’ Perspectives in Shiwalik Hills of North-Western Himalayas, India
• Mahmood Kolnegari, Mandana Hazrati, Ali Akbar Basiri, Etezad Moghimi, Bahram Mohammadi, Iraj Valizadeh, Reza Jafari, Javad Behaaein, Hamid Reza Izadi, Ali Turk Qashqaei, Behrad Farkhondeh & Ebrahim Sharifipour, Development of a National Guideline: An Authorized Step Toward Coexistence Between Avian Populations and Power Companies in Iran
• Andrey Shytov & Alexander Shytov, ‘The Calf Fighting The Oak’: A Fight Against Illegal Logging In Russia
• Meharu Fekadu, Zerihun Girma, Girma Mengesha & Edilu Shona, A Comparative Study of Wildlife Law Awareness and Enforcement in Two Districts Administered under Two Distinct Regional States, Southern Ethiopia
• Nikolas Sellheim & Jochen Schumacher, Increasing the Effectiveness of the Bonn Convention on the Conservation of Migratory Species

New Issue: Italian Review of International and Comparative Law

The latest issue of the Italian Review of International and Comparative Law (Vol. 2, no. 2, 2022) is out. Contents include:

• Essays on Judicial Precedent
• Fulvio M. Palombino, Foreword 
• Andrea Pin, The (In)evitability of Precedent
• Gian Maria Farnelli, Federico Ferri, Mauro Gatti & Susanna Villani, Introduction: Judicial Precedent in International and European Law 
• Khrystyna Gavrysh, Establishing Judicial Precedents Through Advisory Opinions of the European Court of Human Rights 
• Niccolò Lanzoni, The Authority of ICJ Advisory Opinions as Precedents: The Mauritius/ Maldives Case 
• Caterina Milo, Tackling Lacunae in International Courts and Tribunals’ Procedure: The Role of External Precedent 
• Roberto Ruoppo, Common Features of the Right to Property and International Investments: Evidence from the use of ECtHR Case law in Investment Tribunals’ Decisions 
• Niccolò Zugliani, A Role for Precedent in the Determination of the Standard of Review Applicable by Investment Arbitral Tribunals? A Case Study of ect-based Energy Disputes Against Spain 
• Martina Di Gaetano, The Use of Judicial Precedent as a Form of Activism by the Court of Justice: Strengthening the Union’s Powers to Protect the Rule of Law 
• Case Notes
• Francesca Maoli, Medically Assisted Procreation and Same-Sex Couples: The Italian Corte di Cassazione Stands its Ground: Note to: Corte di Cassazione (Sezioni Unite Civili), 4 April 2022, No. 10844 
• Pietro Pustorino & Marta Sabino, Passive Extradition: The Corte di Cassazione Rules on the Need to Verify whether, Especially in Time of War, Detention Conditions and Punishments in the Requesting State May Violate Fundamental Human Rights, also Taking into Consideration the Health Status of the Individual: Note to Corte di Cassazione (Sezione vi penale), Criminal proceedings Against A.S., 1 March 2022, No. 10656
• Recent Developments
• Andrea Spagnolo, The Armed Attack Against Ukraine and the Italian Reaction From a Ius ad Bellum Perspective

Lecture: Paige on "The Importance of Storytelling to International Law"

On February 13, 2023, Tamsin Phillipa Paige (Deakin Law School) will deliver a lecture as part of the 2022-2023 Essex Public International Law Lecture Series. The topic is: "The Importance of Storytelling to International Law." Details are here.

Call for Papers: Forests at the Crossroads of International Law

The University of Copenhagen Centre for International Law and Governance has issued a call for papers for a workshop on “Forests at the Crossroads of International Law,” which will take place September 4-5, 2023, in Copenhagen. The call is here.

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 45, no. 1, February 2023) is out. Contents include:

• Gary M. English, Theatre and Human Rights: The Politics of Dramatic Form
• Berkay Alıca, External Monitoring of Coercive Agents and the Murders of Journalists: A Cross-National Study of Journalist Killings, 1992–2018
• Ilias Bantekas, Aligning the Right to Education with the Sustainable Development Goals: Is it Just About Finance?
• Joel R. Pruce, The Ferguson Uprising, Shadow Reporting, and Human Rights Experimentalism
• Kathryn McNeilly, Milestone Anniversaries: Marking Time in International Human Rights Law
• Lena Khor, Open Love, Religion, and Human Rights

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 36, no. 1, March 2023) is out. Contents include:

• Editorial
• Paula Baldini Miranda da Cruz, Gender at the LJIL
• International Legal Theory
• Moshe Hirsch & Milad A. Said Barguil, Social memory and the impact of commemorative remedies ordered by the Inter-American Court of Human Rights
• Rafael Lima Sakr, Regionalism as development: The Lomé Conventions I and II (1975–1985)
• International Law and Practice
• Niamh Keady-Tabbal & Itamar Mann, Weaponizing rescue: Law and the materiality of migration management in the Aegean
• Helga Molbæk-Steensig, Subsidiarity does not win cases: A mixed methods study of the relationship between margin of appreciation language and deference at the European Court of Human Rights
• Anton Moiseienko, Does international law prohibit the facilitation of money laundering?
• Bérénice Boutin, State responsibility in relation to military applications of artificial intelligence
• International Court of Justice: Tribunte to Judge Shi Jiuyong
• Li Chen, The formative international law studies of Judge Shi Jiuyong
• Hague International Tribunals: International Court of Justice
• Yusra Suedi, Self-determination in territorial disputes before the International Court of Justice: From rhetoric to reality?

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 23, no. 1, 2023) is out. Contents include:

• Special Issue: Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches
• Anja Matwijkiw & Bronik Matwijkiw, Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches
• Sergio Dellavalle, Some Considerations on Why (and How) Criminal Law Should Turn International
• Karol Nowak, National Criminal Procedure Shoehorned into a Global Procedure Shoe When Trying Crimes Against Humanity
• Emiliano J. Buis, Athena’s Vote: Imperial Proceedings and the Hegemonic Origins of International Criminal Law in Aeschylus’ Eumenides
• Jill Marshall, International Criminal Law, Everyday Spaces and Feminist Legal Theory
• Philipp Kastner, The International Prosecutor: Reconsidering an Almighty Saviour? On International Criminal Law’s Obsession with Individuals
• Kerstin Bree Carlson, Punishment, Legality, and Other Challenges of International Criminal Law
• Stefania Negri, On Meteors and Comets: Is the Crime of Ecocide Back to Stay? Environmental Crimes at the Interface of Philosophy, the Law of State Responsibility and International Criminal Law

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 38, no. 1, 2023) is out. Contents include:

• Richard Barnes, Reflections on the Waters: Law of the Sea Scholarship and Practice
• Penelope Jane Ridings, The Influence of Scholarship on the Shaping and Making of the Law of the Sea
• Yoshifumi Tanaka, Reflections on Georges Scelle’s Theory of the Law of dédoublement fonctionnel in the Law of the Sea: Two Models for the Protection of Community Interests
• Dita Liliansa, Sea Turtles Protection in Southeast Asia: Linkages and Role of Soft Law Instruments in the Implementation of the Law of the Sea Convention
• Bastiaan Ewoud Klerk, From Undermining to Strengthening: Implications of the Forthcoming Agreement on Biodiversity beyond National Jurisdiction for MPA Governance in the North-East Atlantic
• Yun-Cheng Deng & Xia Jiang, Wetland Protection Law of the People’s Republic of China: New Efforts in Wetland Conservation
• Mitchell Lennan & Stephanie Switzer, Agreement on Fisheries Subsidies