Saturday, March 1, 2025

Murphy: The Human Right to Resist in International and Constitutional Law

Shannonbrooke Murphy
(St Thomas Univ.) has published The Human Right to Resist in International and Constitutional Law (Cambridge Univ. Press 2025). Here's the abstract:
The human right to resist is a contemporary legal concept with an ancient pedigree. Although it has received recognition in constitutions, customary international law and human rights treaties, and acknowledgment by leading publicists of international law, it remains obscure compared to other human rights. In this innovative and comprehensive book, Shannonbrooke Murphy addresses the perennial question of who has a 'right' to resist – and what, when, why, and how, from a legal perspective. Using a systematic and comparative approach to analyzing both the theoretical concept and the provisions in positive law, this study aims to establish that a 'right to resist' can be recognized and codified as an enforceable 'human right', proposing a common conceptual language and an analytical framework for evaluating the legal basis of claims. Murphy makes a strong and detailed case for a firmer place for the 'right to resist' in the human rights lexicon.

Friday, February 28, 2025

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 84, no. 4, 2024) is out. Contents include:
  • Comment
    • Luke Dimitrios Spieker, Trust the Treaties! Protecting EU Values Does Not Require Treaty Change
  • Re-Reading Historic Articles in the ZaöRV: Anniversary Series
    • Armin von Bogdandy, Die Befreiung: Moslers europaföderale Sprengung des staatsrechtlichen Denkens
  • Abhandlungen
    • Júlia Miklasová, Sara Wissmann, Paula Rhein-Fischer, Alexander Holzer, Rebecca Kruse, Lisa Kujus, Jasper Mührel, & Lorenz Wielenga, Editorial: Progress and International Law: A Cursed Relationship?
    • Hilary Charlesworth, Progress and International Law: A Cursed Relation- ship? Working Group of Young Scholars in PIL and German Society of International Law (Cologne, 23 September 2023), Searching for Progress in International Law
    • Giulia Raimondo, Beyond Progress: Interrogating the Limits of Jurisdic- tion and Migrant Rights Through Negative Dialectics
    • Julian Hettihewa, Constructing Youth as Progress: Tracing Shared Efforts of the League of Nations and the United Nations
    • Eliana Cusato, Progress and Linear Time: International Environmental Law and the Uneven Distribution of Futurity
    • Tania Atilano, Visions of International Law in the Nineteenth Century: The Experience of the French Intervention in Mexico
    • Janina Barkholdt, Progress Through Preservation of the Legal Status Quo: Paradox or Prerequisite?
    • Spyridoula (Sissy) Katsoni, A Feminist Reinterpretation of Access to Abortion Under the European Convention on Human Rights
    • Martin Schwamborn, The Responsibility to and for Progress in Inter- national Law
    • Angelika Nußberg, Progress Renegotiated – Closing Remarks on a Remarkable Conference

New Issue: Global Governance: A Review of Multilateralism and International Institutions

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 31, no. 1, 2025) is out. Contents include:
  • Tana Johnson, Revolutionary Aspects of Formal Inter-governmental Organizations
  • Patrik Johansson, The UN Security Council and the Rejection of Draft Resolutions
  • Andrew Harmer, Sustainably Financing the World Health Organization: A Narrative Literature Review
  • Ali Kaif & Ubaid Sidique, Transnational Climate Change Governance in South Asia: Analyzing Effectiveness of Post-Paris Initiatives

Thursday, February 27, 2025

Yip: Demystifying the Right to Life during the Conduct of Hostilities: Theories, Methods, Practices

Ka Lok Yip (Hamad Bin Khalifa Univ. - Law) has posted Demystifying the Right to Life during the Conduct of Hostilities: Theories, Methods, Practices (European Journal of International Law, forthcoming). Here's the abstract:
In determining the right to life under international human rights law (IHRL) during the conduct of hostilities, the traditional approach defers to the relevant rules of international humanitarian law (IHL) as ‘lex specialis’, while the ‘normative’ approach adopts an open-ended ‘contextual application’ of ‘systemic integration’. Neither approach provides a theoretical account that speaks to the heart of the matter – the just assignment of legal responsibility for the deprivation of life in war-fighting, where ‘responsibility’ implies the correct location of a ‘cause’ that is answerable, or ‘able’ to provide a ‘response’, for such deprivation. The invocation of causality in the social world in turn requires an account of social ontology, the study of what exists in society to cause anything at all. This article outlines a social ontological approach that reconnects the relevant norms under IHL and IHRL with different types of causes of deprivation of life in war-fighting in order to demystify the right to life in hostilities theoretically. It then demonstrates the proper use of systemic integration together with the legally prescribed ‘context’ and analyses concrete scenarios of deprivation of life in war-fighting in order to demystify the right to life in hostilities methodologically and practically.

Wednesday, February 26, 2025

New Issue: International Journal of Transitional Justice

The latest issue of the International Journal of Transitional Justice (Vol. 19, no. 1, March 2025) is out. Contents include:
  • Editorial
    • Kelebogile Zvobgo & Francesca Parente, The Afterlives of Transitional Justice
  • Special Issue: The Afterlives of Transitional Justice
    • Onur Bakiner, ‘The Strength Even to Comprehend the Incomprehensible’: Rereading Adorno in the Age of Authoritarian Resurgence
    • Geoff Dancy & Oskar Timo Thoms, Transitional Justice and the Problem of Democratic Decline
    • Cynthia M Horne, Public Attitudes toward On-Going Transitional Justice in Latvia: Sometimes More Isn’t Better
    • Sofie Budhoo, Divisive Documents: Exploring the Local Impact of Legal Documents in Transitional Justice Contexts
    • Michal Ben-Josef Hirsch & Jennifer M Dixon, The State of Repair: The International Norm of Reparations between Aspirations and Expectations
    • Ulrike Lühe & Erin Baines, Difficult Stories that Haunt: Towards Research Otherwise in Transitional Justice
    • Noha Aboueldahab, Breaking the Echo Chambers of Transitional Justice and TWAIL: An Intellectual and Policy Exchange
    • Tine Destrooper & Elke Evrard, The (Many) Afterlives of Transitional Justice: Practice-based Insights on Continuity, Impact and Evolving Justice Struggles
  • Notes from the Field
    • María Paula Prada Ramírez & Leslie Wingender, Listening and Preparing the Society to Engage: The Case of the Colombian Truth Commission and Its Legacy Strategy
  • Review Essay
    • Cath Collins & Selbi Durdiyeva, ‘Too Long a Sacrifice?’: Post-Transitional Justice and the Afterlives of Authoritarianism

Monday, February 24, 2025

Call for Papers: International Law Workshop in Honour of Sir Frank Berman KCMG KC

The University of Oxford has issued a call for papers for an "International Law Workshop in Honour of Sir Frank Berman KCMG KC," to be held June 17, 2025. The theme is: "Treaty Regimes in International Law." The call is here.

Sunday, February 23, 2025

Call for Papers: SLADI/LASIL 7th Biennial Conference

The Sociedad Latinoamericana de Derecho Internacional/Latin American Society of International Law has issued a call for papers for its seventh biennial conference, to be held July 31-August 2, 2025, at the Universidad de la República, in Montevideo, Uruguay. The theme is: “América Latina en un mundo en vertiginosa transformación/América Latina em um mundo em vertiginosa transformação/Latin America in a Rapidly Changing World.” The call is here (English/Español/Português).

Friday, February 21, 2025

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 94, no. 1, 2025) is out. Contents include:
  • Special Issue: Security and the formation and application of international law
    • Michael Wood, Confidential Practice and International Law
    • Britta Sjöstedt, Protecting War’s Unseen Environmental Damage
    • Marja Lehto, The Right of Self-defence and Third State Provision of Arms: Reflections on the Current Debate
    • Rolf Einar Fife, Indispensability of International Law for National Security. Advice to a Prince
    • Marie Jacobsson, Reflections at the Symposium “Security and the Formation and Application of International Law”

Thursday, February 20, 2025

New Issue: Michigan Journal of International Law

The latest issue of the Michigan Journal of International Law (Vol. 46, no. 1, 2025) is out. Contents include:
  • Oona A. Hathaway, Maggie M. Mills, & Heather Zimmerman, Crisis and Change at the United Nations: Non-Amendment Reform and Institutional Evolution
  • Veronika Fikfak & Laurence R. Helfer, Automating International Human Rights Adjudication
  • Jarrod Wong & Jason Yackee, Transparency, Accountability, and Influence in the International Investment Law System

New Issue: Business and Human Rights Journal

The latest issue of the Business and Human Rights Journal (Vol. 9, no. 3, October 2024) is out. Contents include:
  • Articles
    • Marianna Capasso, Payal Arora, Deepshikha Sharma, & Celeste Tacconi, On the Right to Work in the Age of Artificial Intelligence: Ethical Safeguards in Algorithmic Human Resource Management
    • Brian Berkey, Exploitation, Human Rights and Corporate Obligations
    • Akinwumi Ogunranti, Norm Contestation in the BHR Field—The Role of Corporate Actors as Entrepreneurs, Antipreneurs, and Saboteurs
    • Fanny Holm, Reparations for Corporate Involvement in War Crimes: The Lundin Trial and Prospects for Victims’ Justice

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 24, no. 1, February 2025) is out. Contents include:
  • Camille Van der Vorst, An Economic Assessment of the EU–Japan Economic Partnership Agreement with Realistic Preference Utilization Rates
  • Kathleen Auld, Linda Del Savio, & Loretta Feris, An Environmental Agreement in a Trade Court – Is the WTO's Agreement on Fisheries Subsidies Enforceable?
  • Jaemin Lee, Long-Term Relationship over Litigation: Mediation in WTO Dispute Settlement Proceedings
  • Alexandr Svetlicinii & Xueji Su, The Unsettled Governance of the Dual-Use Items under Article XXI(b)(ii) GATT: A New Battleground for WTO Security Exceptions
  • Chen Yu, Disentangling Legal Stability from Legitimate Expectations: Towards Greater Deference to Regulatory Changes in Renewable Energy Transition Policies in Investment Arbitration

New Volume: The Global Community: Yearbook of International Law and Jurisprudence

The latest volume of The Global Community: Yearbook of International Law and Jurisprudence (Vol. 2023) is out. Contents include:
  • Editorial
    • Giuliana Ziccardi Capaldo, The Growth Path of the GCYILJ: The “Global Communitarian Paradigm” and Its Developmental Phases
  • Articles
    • Jean d'Aspremont, A Phenomenology of the Law of International Organizations
    • Rebecca Mignot-Mahdavi, The Legal Fabrique of Global Security Governance
    • Ulrich Petersmann, European Economic and Environmental Constitutionalism as Driver for UN and WTO Sustainable Development Reforms
    • Giuliana Ziccardi Capaldo, Constitutionalizing Global Health: The Security Council as a “Constitutional Legislator”
  • Notes and Comments
    • Afia A. Amponsah-Mensah, ECOWAS Intervention in Niger
    • Louis René Beres, Russian Crimes Against Humanity in Ukraine: Intersecting Backgrounds of Aggression and Genocide Under International Law
    • Robert Kolb, Détermination du domaine d'application du principe dit de l'Or monétaire dans le droit de la Cour internationale de Justice
  • Reparaions in International Law
    • Otto Spijkers, Introduction to the Collection of Papers on Reparations
    • Judith Hackmack & Sarah Imani, Reparations for European Colonialism: From the Movement to the Law and Back?
    • Carola Lingaas, Reparations for Internationally Wrongful Acts Against the Sámi Indigenous People: Challenging Statehood and International Law
    • Stephen Neff, Guilty Consciences and Making Good: Historical Perspectives on Reparation
    • Robert G. Volterra & Florentine Vos, How (not) to Compensate for State Responsibility in Armed Conflict - the DRC v Uganda Reparations Judgment and the International Law of Reparations
    • Marcela Zúñiga Reyes, Interstate Cooperation Regarding Reparations for Victims: Analysis of the Julien Grisonas v Argentina Case in the Inter-American Court of Human Rights
  • Global Policies and Law
    • Peter Hough, What's Your Poison? The Global Regulation of the Trade in Hazardous Chemicals
  • Ethics and Global Governance
    • Anja Matwijkiw, Let There Be Light! Regime Hybridity as a Reinvention of (Different Dimensions of) the Democratic Paradox
  • Global Justice and the Development of International/Global Law and Governance
  • Recent Lines of Internationalist Thought
    • Richard Falk, Remembering Edward Said at a Time of Palestinian Tragedy

Kwiecień & Fitzmaurice: The Legacy of the Wimbledon Case: Centenary of the First Judgment of the Permanent Court of International Justice

Roman Kwiecień
(Jagiellonian Univ. - Law) & Malgosia Fitzmaurice (Queen Mary Univ. of London - Law) have published The Legacy of the Wimbledon Case: Centenary of the First Judgment of the Permanent Court of International Justice (Brill | Nijhoff 2025). The table of contents is here. Here's the abstract:
The book addresses the impact of the first judgment of the 'World Court' on the development of international law and its continuing relevance. The contributions to this book discuss the legal issues decided by the PCIJ in the Wimbledon case. In the Wimbledon judgment, the Court referred to the problems that are still important both for procedural and substantive international law, and which attract the attention of states, courts and the academia today. These include: state sovereignty, sources of international law, interpretation of legal rights and obligations following from treaties and custom, ‘objective regimes’, ‘self-contained regimes’, neutrality in armed conflicts, the status of international waterways, as well as the issues of jurisdiction such as third-party participation in international adjudication, or locus standi for the protection of community interests.

Wednesday, February 19, 2025

Call for Papers: The Law Applicable to the Use of Biometrics by Armed Forces

The NATO Cyber Cooperative Cyber Defence Centre of Excellence, the War Studies Research Centre of the Netherlands Defence Academy, and the Amsterdam Centre for International Law have issued a call for papers for a conference on "The Law Applicable to the Use of Biometrics by Armed Forces," to take place October 23-24, 2025, in Tallinn. The call is here.

Call for Papers: Nottingham International Criminal Justice Conference

A call fror papers has been issued for the Nottingham International Criminal Justice Conference, to be held July 14-15, 2025, at the University of Nottingham. The call is here.

Call for Contributions: Genocide and the Ocean: Law, History, and Genocidal Realities Beyond Border and Beneath Waves

A call for contributions has been issued by Vicky Kapogianni (Univ. of Reading - Law) and Eric Loefflad (Univ. of Kent - Law) for an edited collection on "Genocide and the Ocean: Law, History, and Genocidal Realities Beyond Border and Beneath Waves." The call is here.

Tuesday, February 18, 2025

Call for Submissions: German Yearbook of International Law

The German Yearbook of International Law has issued a call for submissions for its forthcoming volume 68 (2025). The deadline is September 30, 2025. The call is here.

Monday, February 17, 2025

Hakimi & Cogan: The End of the U.S.-Backed International Order and the Future of International Law

Monica Hakimi (Columbia Univ. - Law) & Jacob Katz Cogan (Univ. of Cincinnati - Law) have posted The End of the U.S.-Backed International Order and the Future of International Law (American Journal of International Law, forthcoming). Here's the abstract:
The international order that the United States has for decades led and maintained is undergoing dramatic change. In this essay, we explain how international law was constituted with, and dependent on, U.S. power during this period, how the two became (in an odd couple fashion) entwined together, and how, as the international order changes, the international legal system, its content and its architecture, will also inevitably change.

Sunday, February 16, 2025

Call for Submissions: Strategic Litigation in International Law – Concepts, Actors, and Impact

The Italian Yearbook of International Law has issued a call for submissions for a special issue on "Strategic Litigation in International Law – Concepts, Actors, and Impact." The call is here.

Friday, February 14, 2025

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 47, no. 1, February 2025) is out. Contents include:
  • Simon Greathead & Timothy McKeon, Liberating Human Rights from Group Narcissism
  • Colin Luoma, Strengthening the Rights to Culture and Mental Health in the Face of Environmental Violence
  • Nora Salem, Awakening of Inter-State Communications Mechanism Before the CERD & Its Potential to Enhance the Justiciability of Racial Discrimination
  • Dustin N. Sharp, Comparative Frameworks for a Human Rights-Based Approach to Psychedelics
  • Mengia Tschalär, Alexandra Xanthaki, & Ermioni Xanthopoulou, Human Rights Risks of Migration Flow Predictions and Policy Implications Within the EU
  • Ben T C Warwick, Concepts of Non-Retrogression in Economic and Social Rights

Event: Gendered Peace through International Law

On February 19, 2025, International Law at Westminster will host a talk with Louise Arimatsu and Christine Chinkin about their book Gendered Peace through International Law. Details are here.

Thursday, February 13, 2025

Sellars: A ‘Constitution for the Oceans': The Long Hard Road to the UN Convention on the Law of the Sea

Kirsten Sellars
has published A ‘Constitution for the Oceans': The Long Hard Road to the UN Convention on the Law of the Sea (Cambridge Univ. Press 2025). Here's the abstract:
The UN Convention on the Law of the Sea, signed in 1982, was the culmination of half a century of legal endeavour. Earlier attempts to create a treaty regime governing the ocean — at League of Nations and United Nations conferences in 1930, 1958 and 1960 — had all failed to settle the breadth of the territorial sea, and in two cases failed to settle anything at all. During the negotiations, legal concepts were formulated and reformulated: straight baselines inspired archipelagic baselines; fishing conservation zones became exclusive economic zones; innocent passage through straits metamorphosed into transit passage through straits; and the seabed common heritage was replaced by the parallel system of seabed exploitation. Many of the issues that animated the delegates during the negotiations — ocean pollution, over-fishing, naval mobility, continental shelf claims and the impact of seabed mining — continue to exercise policymakers and lawyers to this day.

Wu, Lin, & Liu: Economic Cooperation in the Shadow of Contested Sovereignty

Chien-Huei Wu
(Academia Sinica), Ching-Fu Lin (National Tsing Hua Univ​.), & Han-Wei Liu (Singapore Management Univ.) have published Economic Cooperation in the Shadow of Contested Sovereignty (Hart Publishing 2025). Here's the abstract:

This open access book is the first of its kind to address a question of both theoretical and practical significance: how do countries or entities approach economic cooperation in the face of vexing political concerns and overlapping sovereignty claims?

Built upon three contemporary case studies on North-South Korea, China-Taiwan, and North-South Cyprus – representative pairs of 'divided nations', broadly defined – the book explores from both an empirical and a conceptual perspective the underlying factors, approaches and patterns that influence the economic relationship between the two sides.

The book examines complex dynamics and identifies critical factors across the case studies, making a timely contribution to debates surrounding sovereignty, democracy and legitimacy in the context of international economic laws given the shifting geopolitical landscape. It further informs countries that do not share the same features of divided nations but nonetheless experience diplomatic crises or military conflicts, which render their economic cooperation sensitive and strenuous.

Wednesday, February 12, 2025

New Issue: International Theory

The latest issue of International Theory (Vol. 17, no. 1, March 2025) is out. Contents include:
  • Sinja Graf, Law, time, and (in)justice after empire: Germany's objection to colonial reparations and the chronopolitics of deflection
  • Zeger Verleye, Failing the state self: on the politics of state shame
  • Liam Moore, Contesting clusters: a study of norm weaving in Pacific climate mobilities policies
  • Valentin Clavé-Mercier, Indigenous political theory, metaphysical revolt, and the decolonial rearticulation of political ordering
  • C. Nicolai L. Gellwitzki, The positions of ontological (in)security in international relations: object relations, unconscious phantasies, and anxiety management