Hovell & Malagodi: Universal Jurisdiction: Law out of Context

Devika Hovell (London School of Economics - Law) & Mara Malagodi (Univ. of Warwick - Law) have published Universal Jurisdiction: Law out of Context (Modern Law Review, Vol. 87, no. 6, November 2024). Here's the abstract:

Universal jurisdiction enables the prosecution of international crimes by domestic courts in the absence of any nexus between the prosecuting state and the crime charged. While the temptation is for domestic judges to proceed with ‘business as usual’ in the conduct of such trials, difficulties in the practice of universal jurisdiction reflect the importance of developing a better understanding of the distinctive communities, interests, crimes and cultures these trials are intended to serve. The exercise of universal jurisdiction is commonly regarded as a form of domestic jurisdiction exercised pursuant to a sovereign right under international law. This article invites a re-conceptualisation of the concept of universal jurisdiction, explaining that it is not a form of domestic jurisdiction acquired based on sovereign nexus between the crime charged and the prosecuting state. Instead, it should be recognised as a form of decentralised ‘international jurisdiction’, exercised as part of a state's contribution to the enforcement of international criminal law. This re-conceptualisation has implications for the way in which domestic courts engage with many of the challenges facing universal jurisdiction trials, including problems of community, case selection, proof and translation.

Conference: The Gaza War and International Law: Norms and Institutions

On December 17-18, 2024, the 19th Annual Minerva Conference on International Humanitarian Law will take place at the Hebrew University of Jerusalem. The theme is: "The Gaza War and International Law: Norms and Institutions." The program is here.

New Issue: Journal of International Wildlife Law & Policy

The latest issue of the Journal of International Wildlife Law & Policy (Vol. 27, no. 2, 2024) is out. Contents include:

• Werner Scholtz, International (Wild) Animal Rights and Biodiversity: Resolving Conflicts Between Holism And Individualism
• Arie Trouwborst, The Serengeti Rules and the Untold Value of Fellow Earthlings: Wildlife Law in an Era of Ecological Emergency, Eye-Opening Science, and Maturing Morality

New Issue: Journal of International Humanitarian Legal Studies

The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 15, no. 2, 2024) is out. Contents include:

• Symposium: The MONUSCO Intervention Brigade at Ten
• Marco Longobardo, Introduction to the Symposium “The MONUSCO Intervention Brigade at Ten” – Ten Years of the MONUSCO Intervention Brigade: International Law Concerns on the Future of Peacekeeping and the Protection of Civilians
• Jennifer Giblin, The Force Intervention Brigade: A Conscious Departure
• Marco Longobardo, The MONUSCO Force Intervention Brigade at 10 and the Quest for Fair UN Peacekeeping Involvement in Non-International Armed Conflicts
• Gina Heathcote & Lucia Kula, The Force Intervention Brigade in the DRC, Civilian Security and Women Peace and Security
• Articles
• Yvonne Breitwieser-Faria, Environmental Protections During Armed Conflict as Supportive Mechanisms for the Prevention of Atrocity Crimes
• Surbhi Soni, Proportionality in Bello: A Case Against Indirect Military Advantage in War
• Camilla G. Cooper, Ensuring Lawful Use of Autonomous Weapons: An Operational Perspective
• Elliot Winter, Lessons from the Russian Invasion of Ukraine: The Plight of Diaspora Fighters in Levées en Masse
• Lindsay Moir, Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law
• Kasim Balarabe, Safeguarding the Vulnerable: A Comprehensive Approach to Protecting Detainees in Contemporary Non-International Armed Conflicts and Counterterrorism Operations

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 24, nos. 5-6, 2024) is out. Contents include:

• Special Issue: Global Atrocity Justice Constellations
• Andy Aydın-Aitchison, Mirza Buljubašić, Kjersti Lohne, Vasilka Sancin, and Camilo Tamayo Gomez, Global Atrocity Justice Constellations
• Valeria Vegh Weis & Sebastian Rey, Argentina’s Commitment to International Criminal Justice to Address the Crimes of the Last Dictatorship (1976–1983)
• Elisenda Calvet-Martínez, Gretel Mejía, & Luis De León Agosto, Assessing International Criminal Justice in Guatemala: Evolutions and Ongoing Challenges
• Camilo Tamayo Gomez, Between Positive Complementarity and Magical Legalism: Colombia and International Criminal Justice
• Emma Brandon, The United States of America and International Criminal Justice
• Mirza Buljubašić, Atrocity Crime Responses in Bosnia and Herzegovina: Navigating Tensions in Multifaceted Approaches
• Iuliia Anosova, Karolina Aksamitowska, & Vasilka Sancin, Positive Complementarity in Action: International Criminal Justice and the Ongoing Armed Conflict in Ukraine
• Alba Gerdeci & Islam Jusufi, An Analysis of Albania’s Encounter with International Criminal Justice
• Tamás Hoffmann, Between Politics and Justice: International Criminal Law in Hungary
• Gintaras Švedas & Andželika Vosyliūtė, International Criminal Justice and Lithuanian Experience
• Kjersti Lohne, Frictions and Logics of ‘Good State’ Support to International Criminal Justice: The Case of Norway
• Marina Mancini, Italy and International Criminal Justice: Mapping the Present and Charting the Path Ahead
• Tonny Raymond Kirabira, International Criminal Law, Complementarity and Amnesty Within the Context of Transitional Justice: Lessons from Uganda
• Mohammad Pizuar Hossain, International Criminal Justice Data in Bangladesh: A Scoping Review

Call for Submissions: The Common Heritage of Mankind in International: Law: past, present and future

The Brazilian Journal of International Law/Revista de Direito Internacional has issued a call for submissions for a special issue on "The Common Heritage of Mankind in International: Law: past, present and future." The call is here.

Webinar: Litigating the Energy Charter Treaty

On December 9, 2024, the International Law Association Irish Branch will host a webinar on "Litigating the Energy Charter Treaty." The discussion will be on climate change policies and investor-state dispute settlement under the Energy Charter Treaty, legal options for states to exit the treaty, and compensating fossil fuel investors. Details are here. Registration is also possible here.

Webinar: Ungoverned Solar Engineering Can Lead to Catastrophic Outcomes: Managing the Regime Complex for Climate Change

On December 3, 2024, the American Society of International Law Interest Group on International Law and Social Science and the European Society of International Law Interest Group on Social Science and International Law will host a talk by Barbara Koremenos (Univ. of Michigan) on "Ungoverned Solar Engineering Can Lead to Catastrophic Outcomes: Managing the Regime Complex for Climate Change." The discussants will be Daniel Bodansky (Arizona State Univ.) and Sikina Jinnah (Univ. of California, Santa Cruz). The moderator will be Mark Pollack (Temple Univ.). Details are here.

Call for Papers: ASIL International Criminal Law Interest Group Works-in-Progress Conference

The American Society of International Law's International Criminal Law Interest Group will hold its annual Works-in-Progress Conference in person on May 30, 2025, at Boston University School of Law. Submissions at various stages of development on any topic related to international criminal law broadly construed (including transnational criminal law) are welcome. Indications of interest from potential commentators is also welcome. Prospective participants should fill out this form by March 15, 2025, indicating whether they hope to present a paper and/or comment on papers, or whether they would like to attend without presenting or commenting. Applicants hoping to present a paper should provide a title and abstract. Decisions will be made by early April. Drafts will due approximately two weeks before the conference. Questions can be directed to the interest group co-chairs: Ryan Liss (rliss@uwo.ca) and Steve Koh (koh@bu.edu).

Call for Nominations: ASIL International Criminal Law Scholarship Prize

Submissions are now being accepted for the 2024 American Society of International Law International Criminal Law IG Scholarship Prize. Details are here.

Morosini, Tasquetto, & Maciel: Navigating the Digital Divide: Challenges and Strategies for Latin American Countries in E-commerce and Data Governance Regulation

Fábio Morosini (Universidade Federal do Rio Grande do Sul), Lucas Tasquetto (Universidade Federal do ABC), & Marília Maciel (DiploFoundation) have published Navigating the Digital Divide: Challenges and Strategies for Latin American Countries in E-commerce and Data Governance Regulation (Georgetown Univ. Latin American Political Economy and Globalization Program). Here's the abstract:

In recent years, there has been a growing concern that only a few countries and players have been accruing the benefits and wealth stemming from the digital economy, widening the gap between developed and developing countries. The development gap related to digital trade is particularly acute in Latin American countries. Despite structural difficulties and its low performance in the digital economy, Latin America has been one of the most active regions in terms of treaty-making on digital trade. However, Latin American countries lack their own model of digital trade regulation and tend to replicate existing ones, not only when negotiating agreements with third parties, but also within the region. So far, the US regulatory approach, as exemplified by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), has had the most significant influence on Latin America. A number of countries in Latin America are already embroiled in negotiations or bound by agreements from which it would be too hard or costly to defect. In this scenario, it is advisable to consider the inclusion of binding provisions within the ongoing and future digital trade negotiations, which would contribute to development. That could happen by a) incorporating provisions aimed at promoting digital inclusion and tackling inequality, and b) incorporating specific horizontal and vertical development- oriented provisions. Latin American countries can find inspiration in agreements celebrated outside the region, as they seek to mainstream development in their digital trade negotiations. This policy paper concludes with a number of recommendations, both institutional and substantive.

Fedele, Lesaffer, & Savy: Avant l'État. Droit international et pluralisme politico-juridique en Europe, XIIIe-XVIIe siècle

Dante Fedele (CNRS-Université de Lille), Randall Lesaffer (KU Leuven & Tilburg Univ.), & Pierre Savy (Université Gustave Eiffel) have published Avant l'État. Droit international et pluralisme politico-juridique en Europe, XIIIe-XVIIe siècle (Historia et ius 2024). The book is available open access here.

Wood & Sender: Identification of Customary International Law

Michael Wood (20 Essex Street Chambers) & Omri Sender (S. Horowitz & Co.) have published Identification of Customary International Law (Oxford Univ. Press 2024). Here's the abstract:

Customary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward.

This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence at issue. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings.

Identification of Customary International Law provides an overview of the Commission's work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.

New Issue: Asia-Pacific Journal of Ocean Law and Policy

The latest issue of the Asia-Pacific Journal of Ocean Law and Policy (Vol. 9, no. 2, 2024) is out. Contents include:

• JVDI KIOST Conference Papers
• Keiko Woo Wilkins, Living in a Plastic Ocean: Addressing Plastic Pollution Threats to Corals in the Pacific
• Victoria W. Keener & Chelsey Bryson, A Summary of Climate Risks to the Pacific Islands Region: Climate Boundary Organizations Can Accelerate Regional Adaptation, Scientific Research & Policy Networks
• Chelsey Bryson & Victoria W. Keener, Climate Finance in the Pacific: Opportunities and Challenges for Increasing Coordination and Collaboration in Green Climate Fund Projects
• Christopher Sabine & Melissa Meléndez, Grounding Marine Stations in a Strong Foundation of Observations for Effective Management and Policy Relevance
• Carole J. Petersen, Gender Equality and Sustainable Oceans
• Articles
• Eon Kyung Park & Seokwoo Lee, Developing International Norms Addressing the Disposal of Nuclear Waste and Nuclear Governance at the International and Domestic Levels: South Korea’s Nuclear Radioactive Waste Management
• Lowell Bautista & Pornomo Rovan Astri Yoga, The Legal, Political, and Strategic Implications of the 2018 Timor Sea Compulsory Conciliation on Australia-Indonesia Relations
• Yen-Chiang Chang, The Impact of General International Law in Settling Maritime Disputes—Some Commentaries on Current Practice
• Lowell Bautista & Clive Schofield, The Philippines’ Submission for an Extended Continental Shelf in the West Palawan Region: Legal Analysis, Implications and Reactions

New Issue: Europa Ethnica

The latest issue of Europa Ethnica (Vol. 81, nos. 3/4, 2024). Contents include:

• Otto Luchterhandt, Die KSZE und der Schutz nationaler Minderheiten. Rückblick und Würdigung
• Wilfried Jousten, Volksbefragung, nicht Volksabstimmung: Die Nuancen des Versailler Vertrags für Eupen-Malmedy
• Oskar Peterlini, Italia, quo vadis? Die geplanten Verfassungsreformen in Italien
• Peter Hilpold, Die internationale Verankerung der Südtirol-Autonomie und die Notwendigkeit der „Wiederherstellung“ der seit 1992 „entzogenen“ Kompetenzen
• Raoul Blindenbacher, Little Changes in Minority Politics with Great Impact
• Leonie Cosima Schwart, Der Umgang mit Mehrsprachigkeit in den Bildungseinrichtungen der deutschen und dänischen Minderheit im deutschdänischen Grenzland
• Greg Taylor, The Defeat of the Proposed Aboriginal Voice to Parliament in Australia
• Cornelia Koch & Anne Hewitt, The Failure of the Voice Referendum: Evidence of Australia’s Limited Capacity to Enable Self-Determination for Indigenous Minorities

Call for Papers: Transnational Criminal Law in the Asia/Pacific

The Transnational Criminal Law Review, the Ho Chi Minh City University of Law, and the University of Canterbury Faculty of Law have issued a call for papers for the second TCLR Conference, to be held November 27-28, 2025, at Ho Chi Minh University of Law. The topic is: "Transnational Criminal Law in the Asia/Pacific." The call is here.

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 23, no. 4, October 2024) is out. Contents include:

• Original Articles
• Michele Mancini, Francesco Paolo Conteduca, & Alessandro Borin, The Real-Time Impact of the War on Russian Imports: A Synthetic Control Method Approach
• Linda Fernandez & Monica Das, Does the World Trade Organization Enable Biosecurity and Trade for Importers and Exporters?
• Wenyi Lian, The Definition of ‘Covered Entities’ under the GPA: The General Scope and Escape Conditions
• Research Notes
• J. Robert Basedow, Alienated Twins – The Overlooked Private Law Dimension of Global Trade and Investment Governance
• Andrew D. Mitchell, The Geography of Health: Onshoring Pharmaceutical Manufacturing to Address Supply Chain Challenges
• From the Trenches
• Bryan Lohmar, China's Antidumping Investigations against US Feed Products: Lessons from the Trenches

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 25, nos. 5-6, 2024) is out. Contents include:

• Roberto Castro de Figueiredo, An Analysis of the Interpretation of the Territorial Requirement in Investment Treaties by Arbitral Tribunals and the Vienna Convention on the Law of Treaties
• Qiu Xu Martin Liao, The WTO of the Future: Keeping the WTO Digitally Relevant through the JSI on E-Commerce
• Akinwumi Ogunranti, Dispute Resolution in the AfCFTA Investment Protocol: a Preliminary Assessment and Proposal for Business and Human Rights Arbitration
• Alberto Pecoraro, Hannah Lily, & Pradeep Singh, The International Seabed Authority and the Push for Exploitation of Deep Seabed Minerals: Does the Doctrine of Legitimate Expectations Apply?
• Claudia Wortmann, Conflicts between International Climate Law and Investment Arbitration: A Proposed Exception to the Full Reparation Standard without Moving the Goalposts

New Volume: Italian Yearbook of International Law

The latest volume of the Italian Yearbook of International Law (Vol. 33, 2023) is out. Contents include:

• Current Issues of International Environmental and Climate Law
• André Nollkaemper, Causation Puzzles in International Climate Litigation
• Patrícia Galvão Teles, The Legal Protection of Persons Affected by Sea-Level Rise
• Sol Meckievi & Jorge E. Viñuales, The Search for Clarity: Resort to Advisory Opinions as a Strategy for the Implementation of International Environmental Law
• Mariangela La Manna, Environmental Protection in Armed Conflict: Will the “Silent Victim” Have a Voice at Last?
• Gemma Andreone, The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction: A Critical Assessment
• Carlo de Stefano, The Scrutiny of States’ Climate Change Action under WTO Law and International Investment Agreements
• Francesca Ippolito, Unweaving the Tangled Web of Environmental Rights of Children and Future Generations
• Saverio Di Benedetto, Restitution and Compensation for Environmental Damage in International Law: Towards an Ecological Approach?
• The Scientific Legacy of Benedetto Conforti
• Mario Gervasi, State Practice and Opinio Juris at the Intersection of Customary International Law and General Principles of Law
• Andrea Caligiuri, The Law of the Sea and the Relevance of Benedetto Conforti’s Teachings
• Pierfrancesco Rossi, Obey or Disobey: National Courts and International Law in the Thought of Conforti
• Diego Mauri, Indifferent Wars in International Law? A Hypothesis on Benedetto Conforti’s Legacy Twenty Years Later
• The Case of Giulio Regeni and the Nazi Crimes Reparations Fund before the Italian Constitutional Court
• Piergiuseppe Parisi & Mattia Pinto, In Pursuit of Greater Accountability for Torture: The Case of Giulio Regeni after Judgment no. 192/2023 of the Italian Constitutional Court
• Pierfrancesco Rossi, Truce or Settlement? The Dispute over Germany’s Immunity from Wartime Reparations claims after Judgment no. 159/2023 of the Italian Constitutional Court
• Alessandro Bufalini, The Italian Nazi Crimes Reparations Fund and Judicial Protection: Navigating the Drawbacks of Judicial Responses to Mass Crimes
• Notes and Comments
• Alice Ollino & Marco Pertile, Restorative Justice as a Tool to Address Violence Against Women? An Assessment of the Italian Case in Light of the Practice of International Monitoring Bodies
• Francesca Mussi, The Recent Italian Response to Migration: Everything must Change so that Everything can Stay the Same?
• Fiammetta Borgia, The Agreement Between Italy and Croatia on the Delimitation of their Exclusive Economic Zones

Workshop: International Humanitarian Law: Expanding its History(ies), Prospects and Challenges

On November 28-29, 2024, a workshop on "International Humanitarian Law: Expanding its History (ies), Prospects and Challenges" will be held at the University of Zurich and online. Details are here.

New Issue: Asian Journal of International Law

The latest issue of the Asian Journal of International Law (Vol. 14, no. 2, July 2024) is out. Contents include:

• José Duke Bagulaya & Romel Regalado Bagares, Hidden in Plain Sight: International Law and Marxist Praxis in the Life and Works of Merlin M. Magallona
• Massimo Fabio Lando, The Limits of Deduction in the Identification of Customary International Law
• Kazuki Hagiwara, Enhanced De Facto Constraints Imposed by Non-legally Binding Instruments and Interactions with Normative Environment: An Analysis of the Joint Statements for the Conservation and Management of Japanese Eel Stock
• Jamieson Kirkwood, Characterization (and Registration) of a “BRI Dispute”
• Anam Soomro, People, Paper and Power: The Birth of the Passport in International Law
• Khorsed Zaman, Decolonizing Human Rights Law in Global Health - the Impacts of Intellectual Property Law on Access to Essential Medicines: A Perspective from the COVID-19 Pandemic
• I Dewa Gede Palguna & Agung Wardana, Pragmatic Monism: The Practice of the Indonesian Constitutional Court in Engaging with International Law

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 26, no. 6, 2024) is out. Contents include:

• Hojjat Salimi Turkamani, The Trend of Changes in the Differentiation in Climate Change Law: Towards Intensifying, Not Weakening
• Giorgia Pane, Litigating the Climate between National and International Human Rights Regimes Judicial Complementarity?
• Antal Berkes, The Obligation to Cooperate to Protect Against Serious Breaches of the European and American Conventions on Human Rights
• Edyta Lis, Gender Perspective in the Recent Case Law of the Inter-American Court of Human Rights

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 118, no. 4, October 2024) is out. Contents include:

• Article
• Evan J. Criddle, Extraterritoriality's Empire: How Self-Determination Limits Extraterritorial Lawmaking
• Current Develoopments
• Tom Dannenbaum & Janina Dill, International Law in Gaza: Belligerent Intent and Provisional Measures
• Alex Green & Douglas Guilfoyle, The Australia-Tuvalu Falepili Union Treaty: Statehood and Security in the Face of Anthropogenic Climate Change
• International Decisions
• Lucas Carlos Lima, Declaratory Action of Constitutionality N. 39 of Brazilian Supreme Court
• Yusra Suedi & Marie Fall, Ligue Ivorienne des Droits de L’Homme and Others v. Cote D’Ivoire. App. No. 041/2016
• Contemporary Practice of the United States Relating to International Law
• New Memorandum Elaborates U.S. Engagement in the Antarctic Treaty System, with Eye on Climate Change and Strategic Competitors
• The United States Endorses Amendments to the International Health Regulations
• President Biden Adds, Increases, and Maintains Tariffs on Chinese Goods Levied by President Trump
• Julian Assange Pleads Guilty to One Charge of Espionage and Returns to Australia, Ending U.S. Attempts to Extradite Him
• The United States and Twenty-Three Other Countries Enter into Bilateral Security Agreements with Ukraine
• President Biden Further Restricts Asylum Claims by Migrants at the U.S.-Mexico Border
• Recent Books on International Law
• Sivan Shlomo Agon & Michal Saliternik, Just About Time: International Law's Temporalities and Our Moment in History
• W.G. Werner, reviewing Natural Perception: Environmental Images and Aesthetics in International Law, by Alice Palmer
• Mira Burri, reviewing Cultural Heritage in International Economic Law, by Valentina Vadi
• Rossana Deplano, reviewing Who Owns Outer Space? International Law, Astrophysics, and the Sustainable Development of Space, by Michael Byers and Aaron Boley

Book Launch: Alex Wentker's "Party Status to Armed Conflict in International Law"

On November 22, 2024, All Souls College, Oxford will host in person and online a book launch for Alex Wentker's Party Status to Armed Conflict in International Law. The launch will be chaired by Elizabeth Wilmshurst, with panellists Philippa Webb and Marko Milanovic. Details are here.

Call for Papers: History of International Law Colloquium

The organizers of the Boston-area colloquium on the history of international law have issued a call for papers to be presented during the Spring and Fall of 2025. The call is here.