Monday, December 16, 2024

New Issue: ICSID Review: Foreign Investment Law Journal

The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 39, no. 2, Spring 2024) is out. Contents include:
  • Agora on ISDS and Armed Conflicts
    • Meg Kinnear, Paul Jean Le Cannu & Pierre Nosewicz, ICSID Preface Alain Farhad, Investment Protection in Situations of Armed Conflict: Evolution, Relevance and Challenges
    • Dapo Akande, Armed Conflicts and Investor-State Disputes
    • Samaa Haridi & Vivasvat Dadwal, The Protection of Intangible Property during Armed Conflict
    • Borzu Sabahi & Farshad Rahimi Dizgovin, International Legal Framework Governing Assessment of Damages Caused to Foreign Investors in Armed Conflict
    • Mohamed Shelbaya, Security Exceptions
    • Zeynep Gunday Sakarya & Isabel Manfredonia, Extra-Treaty Defenses Available to States in Investment Disputes Arising from Armed Conflicts
    • Floriane Lavaud & Marta Canneri, Evidentiary Challenges in the Context of Armed Conflict
  • Case Comment
    • Joseph Dyke, Infrastructure Services Luxembourg Sàrl and Energia Termosolar BV v Kingdom of Spain: Spain Fails to Secure Set Aside of Registration of Intra-EU ICSID Award in the English Commercial Court
  • Articles
    • Luke Nottage, Australia’s Ambivalence Again Around Investor-State Arbitration: Comparisons with Europe and Implications for Asia
    • Nikos Braoudakis, Rosanne Craveia, & Clémentine Baldon, Neutralising the ECT Sunset Clause Inter Se
    • Margrit Trein, The Duty of Arbitrators to Raise Suspected Corruption or to Investigate Poorly Particularized Allegations of Corruption
    • Qianwen Zhang, What Can IIAs Contribute to Regulating Cross-border Data Transfer: A Threshold Analysis
    • Mevelyn Ong, From Aspiration to Public Policy: Imprinting UNGP-Aligned Footprints of Corporate Responsibility and Accountability into the Shifting Sands of International Arbitration Practice

Sunday, December 15, 2024

Bhuta & Vallejo: Global Rights? Human Rights in Complex Governance

Nehal Bhuta
(Univ. of Edinburgh - Law) & Rodrigo Vallejo (Univ. of Ambsterdam - Law) have published Global Rights? Human Rights in Complex Governance (Oxford Univ. Press 2024). The table of contents is here. Here's the abstract:

What is the place of human rights law within global governance? How can we safeguard human rights in various sites of global governance? What is the role of the state, non-state actors, and global governance institutions in all this? Global Rights?: Human Rights in Complex Governance interrogates how human rights and global governance interact with various sub-fields of international and transnational regulation to answer these foundational questions.

The volume offers a detailed exploration of the role of human rights in global governance contexts, such as the sovereign debt regime, global value chains, development assistance, international food governance, and the laws of war. Through an in-depth study of several global governance regimes based on diverse theoretical and methodological approaches, this volume challenges the mainstream discourse on the evolution of human rights law and its limits. As a result, issue areas that are rarely in conversation with each other--such as the World Bank's practices and the law on the use of force--are examined through a common analytical framework that is both rich and flexible enough to shed new light on individual areas of concern and simultaneously reflect on cross-cutting themes.

Bringing human rights experts together with leading scholars in the law of international organizations, public finance, corporations, and use of force, Global Rights? thus serves as a contemporary reflection and set of arguments on how to study and productively think about human rights in complex governance settings.

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 35, no. 3, August 2024) is out. Contents include:
  • Editorial
    • Editorial: In This Issue; In This Issue – Reviews; The Three Scholars behind ScholarOne: EJIL’s Associate Editors
  • Articles
    • Madelaine Chiam, Monique Cormier, and Anna Hood, Law, War and Letter Writing
    • Taylor St John, Malcolm Langford, Yuliya Chernykh, Øyvind Stiansen, Tarald Gulseth Berge, & Sergio Puig, Bargaining in the Shadow of Awards
    • Jason Webb Yackee, The First French BIT
    • Hedi Viterbo & Yulia Ioffe, No Refuge from Childhood: How Child Protection Harms Refugees
  • Critical Review of Governance
    • Diego Zannoni, Are We Opening Pandora’s Box? Clones, Human Spare Parts and International Law
    • Cecily Rose, The Progressive Development of International Law on the Return of Stolen Assets: Mapping the Paths Forward
  • Critical Review of Jurisprudence
    • Salvatore Caserta and Mikael Rask Madsen, When the Sun, the Moon and the Stars Align: Litigating LGBTQIA+ Rights and the Death Penalty in East Africa and the Caribbean
  • Roaming Charges
    • Things with a Soul: Low Tech
  • Review Essay
    • Thomas Bustamante, Taking Dworkin’s Legal Monism Seriously
  • Book Reviews
    • Tracy-Lynn Field & Michael Hennessy Picard, reviewing Gabrielle Hecht, Residual Governance: How South Africa Foretells Planetary Futures
    • Jelena Bäumler, reviewing Ivano Alogna, Christine Bakker, & Jean-Pierre Gauci (eds), Climate Change Litigation: Global Perspectives
    • Daniel Müller, reviewing Lukas Vanhonnaeker, Shareholders’ Claims for Reflective Loss in International Investment Law
    • Diego Mejía-Lemos, reviewing Imogen Saunders, General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice
  • Book Review Symposium: The Hague Academy (Part II)
    • Moritz Koenig, Turkey, the Hague Academy and International Law in the Interwar Period: The Transnational Thinking of Ahmed Reşid
    • Artur Simonyan, Russia’s Counter-revolutionary International Law in the Scholarship of Boris Mirkine-Guetzévitch
    • Karin van Leeuwen, The Hague Academy as a Space of Encounter: How Scelle’s 1933 Teachings on National Courts Landed in the Netherlands
    • Diane Marie Amann, A Nuremberg Woman and the Hague Academy
  • The Last Page
    • Adalbert Stifter, Müdigkeit (transl. Susan McClements Wyss)

Friday, December 13, 2024

Cassese: Experiencing Evil War, Torture, Genocide, Terrorism on the Dock: A conversation with Giorgio Acquaviva (English Translation)

Antonio Cassese
has published Experiencing Evil War, Torture, Genocide, Terrorism on the Dock: A conversation with Giorgio Acquaviva (2011; translation by Robert Bouygue 2023). Here's the abstract:

You find here the English edition of Antonio Cassese’s book-length interview with Italian journalist Giorgio Acquaviva, originally published in Italian in 2011 (L’esperienza del male – Guerra, tortura, genocidio, terrorismo alla sbarra, Il Mulino), a few months before his passing. The book was later translated into Spanish (Pensando en derechos humanos) and German (Nachdenken über Menschenrechte). This self-published English edition, released by the Initiative, marks the first time the work is available to an English-speaking audience.

This volume is a compelling invitation to reflect on the principles of justice, human rights, and the enduring power of law to transform societies. It addresses critical questions, such as what genocide is, how to combat terrorism lawfully, and the role of human rights as a cornerstone of our lives.

The book also delves into his reflections on Palestine, including a peace plan he co-authored in the 1980s that was ultimately shelved by the Italian government. It highlights examples of courageous judges and activists and rejects the passive mindset that disasters are inevitable or that one should “mind their own business.” The book also examines the shift in global ethos over recent decades, driven by public demands for justice that were unthinkable before the 1990s—and unprecedented before the Nuremberg post World War II trial.

This victim-centered approach has fostered a burgeoning global public opinion. Antonio Cassese discusses the challenges and prospects of the International Criminal Court (the ICC), an institution he passionately supported yet lamented for its shortcomings. Throughout the book, he advocates for a robust international rule of law that goes beyond the ICC, emphasizing the fundamental need for every individual to assert their rights and achieve justice, even when confronting the modern Leviathan.

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 15, no. 4, December 2024) is out. Contents include:
  • Articles
    • Costanza Margiotta Broglio & Federico Ortino, Treaty interpretation, multilinguism, and the WTO dispute settlement system: towards the comparative translation paradigm?
    • Vahid Rezadoost, Unveiling the ‘author’ of international law — The ‘legal effect’ of ICJ’s advisory opinions
    • Julien Chaisse, Arbitration in cross-border data protection disputes
    • Juan Miguel Alvarez Contreras, The ‘no greater rights’ principle: heading to a new Calvo Clause?
    • Yating Lin, ‘China’s Disequilibrium’ in ISDS: an interplay of China’s trade-offs and domestic institutions to investment treaty policy

Thursday, December 12, 2024

New Issue: The Law and Practice of International Courts and Tribunals

The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 23, no. 3, 2024) is out. Contents include:
  • Letizia Lo Giacco, When a Dispute Exists: the Emerging Evidentiary Practice of the ICJ in Common Interests Proceedings
  • Martina Buscemi, The Battle over Security Exceptions before the ICJ and WTO Panels: towards a Converging Posture?
  • Haris Huremagić, Article 63 of the ICJ Statute and the Legal Effects of Judgments on Intervening States – an Attempt for More Clarity
  • Julian Edwards, The Equal Interests of Injured and Non-Injured States for Communitarian Norms
  • Federico Bonito, A New Fish in the Sea? The Collocation of the New NATO Mission Appeals Tribunal among International Administrative Tribunals

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 55, no. 4, 2024) is out. Contents include:
  • Enduring and Emerging Issues of the Law of the Sea: A Special Issue in Honor of Professor Ted L. McDorman
    • Suzanne Lalonde, Clive Schofield & Kristin Bartenstein, Introduction to the Special Issue in Honor of Ted L. McDorman
    • Suzanne Lalonde & P. Whitney Lackenbauer, Moving Beyond Benign Neglect: The Beaufort Sea Dispute and the Benefits of Compromise Solutions between Salt Water Neighbors, An Essay in Honor of Ted L. McDorman
    • Elizabeth Elliot-Meisel, Resolution at the Intersection of Sovereignty and Security in the Northwest Passage Dispute: An Essay in Honor of Ted L. McDorman
    • Erik Franckx, Arctic Straight Baselines: Time for a Revisit?—An Essay in Honor of Ted L. McDorman
    • Elizabeth Riddell-Dixon, Complexities and Complications: Delineating and Delimiting Russia’s Arctic Continental Shelf as the Russian Federation Wages War on Ukraine, An Essay in Honor of Ted L. McDorman
    • Tore Henriksen, The Dispute over the Geographical Application of the Svalbard Treaty: Into a New Phase, An Essay in Honor of Ted L. McDorman
    • Young Kil Park, Evaluation of South Korea’s Growing Activities in the Changing Arctic: An Essay in Honor of Ted L. McDorman
    • Natalie Klein, The South China Sea Code of Conduct and the Freedom of Navigation: A Proposal in Honor of Ted L. McDorman
    • Seokwoo Lee, Evolution of the Law of the Sea and Ocean Policy in Northeast Asia
    • Donald McRae & Amanda Turnbull, The 1999 Pacific Salmon Agreement: An Essay in Honor of Ted L. McDorman
    • Donald R. Rothwell, Bilateral Law of the Sea Neighbors: Australia and New Zealand’s Partnership and McDorman’s North American Rivals
    • Joanna Mossop & Clive Schofield, Options for Cooperation and Joint Management in Disputed Areas of the Continental Shelf beyond 200 Nautical Miles: An Essay in Honor of Ted L. McDorman
    • Stuart Kaye, The Impact of Advisory Opinions from the International Tribunal of the Law of the Sea on the Work of the Commission on the Limits of the Continental Shelf: An Essay in Honor of Ted L. McDorman
    • Nigel Bankes, The Dispute Resolution and Advisory Opinion Provisions of the BBNJ Agreement: An Essay in Honor of Ted L. McDorman
    • Clive Schofield & David Freestone, The Legal Regime of Islands after the South China Sea Award—Orphaned or Influential? An Essay in Honor of Ted L. McDorman
    • Kuan-Hsiung Wang, From Fishery Resources Conservation to Labor Protection: RFMOs and the Development of Combating IUU, An Essay in Honor of Ted L. McDorman
    • Kristin Bartenstein, ‘Inconvenient Conveniences’: An Essay on Extraterritorial Port State Jurisdiction, in Honor of Ted L. McDorman
    • Aldo Chircop, Pollution Substitution? Scrubber Discharges and the Law of the Sea: An Essay in Honor of Ted L. McDorman
    • Yoshifumi Tanaka, The Concept of Adjacent Coastal States in the BBNJ Agreement: An Essay in Honor of Ted L. McDorman
    • David L. VanderZwaag & Abdul Hafez Mahamah, International Governance of Marine Geoengineering: Sketchy Seascape, Foggy Future—An Essay in Honor of Ted L. McDorman

Wednesday, December 11, 2024

New Issue: Journal on the Use of Force and International Law

The latest issue of the Journal on the Use of Force and International Law (Vol. 11, nos. 1-2, 2024) is out. Contents include:
  • Francis Grimal & Michael J. Pollard, A Blurring of Lines: The Jus ad Bellum Past, Present, and Future
  • Jasmin Johurun Nessa & Agata Kleczkowska, Jus ad bellum series: self-defence against armed non-state actors in the MENA region
  • Juliet Skingsley, ‘Cyber-rattling: can ‘pre-positioning’ in cyberspace amount to a threat of the use of force under Article 2(4) of the United Nations Charter?
  • Sava Jankovic & Volker Roeben, The threat of Russia's force in Ukraine
  • Toby Fenton, An analysis of pre-attack self-defence doctrines through a risk-based lens
  • Monique Cormier & Anna Hood, Breaking the impasse: the case for establishing a no first nuclear threat norm
  • Ka Lok Yip, To call a spade a spade: use of force depriving a people of their right to self-determination as violation of Jus Contra Bellum
  • Deyi Ma & Yanlin Zhou, Peacetime Maritime Law Enforcement by Warships
  • Alonso Gurmendi Dunkelberg, ‘Bombable geographies’ and the international Monroe: a global south history of the unwilling or unable standard
  • Francis Grimal & Michael J. Pollard, Concurrent application and artificially intelligent target selection
  • Jasmin Johurun Nessa, Agata Kleczkowska & Seyfullah Hasar, Digest of state practice: 1 July – 31 December 2023
  • Jasmin Johurun Nessa, Agata Kleczkowska & Seyfullah Hasar, Digest of state practice: 1 January – 30 June 2024

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 107, no. 4, 2024) is out. Contents include:
  • Articoli
    • Mario Odoni, Sul fondamento giuridico delle risoluzioni del Consiglio di sicurezza che autorizzano l'uso della forza
    • Ester Ferriello, Lo status delle isole Chagos dopo la risoluzione 73/295 dell'Assemblea generale
  • Note e Commenti
    • Matteo Sarzo, Il bombardamento della sede della missione diplomatica iraniana a Damasco e lo jus ad bellum
    • Alessandra Sardu, Intervention under Article 62 of the ICJ Statute for the Protection of Erga Omnes Partes Obligations
    • Tullio Scovazzi, Malibu, California: una destinazione molto improbabile per l'Atleta vittorioso

New Issue: Cambridge International Law Journal

The latest issue of the Cambridge International Law Journal (Vol. 13, no. 2, 2024) is out. Contents include:
  • Martins Paparinskis, The vocabulary and disputes of public international law: a reflection on tensions
  • David McKeever, Sustaining peace in the aftermath of armed conflicts: amnesties and the UN Security Council’s regime on terrorism – a critical analysis of how the rules interact
  • Claus Kreß, Sustainability in the prosecution of the crime of aggression: reflections in the wake of Russia’s initiation of a war of aggression against Ukraine*
  • Nicole Citeroni, International criminal law as a catalyst for environmental peacebuilding
  • Zuzanna Buszman, The pursuit of environmental justice: the adjudicative role of advisory opinions of creating obligations on States in respect of climate change
  • Annalisa Savaresi, Climate change litigation: the role of international law *
  • Chung-Han Yang & Maria-Augusta Paim, Evaluating China–Brazil bilateral engagements in climate change and energy: a true sustainability partnership or green appropriation? * , **
  • Magdalena Kowalczuk Asher, Peace and sustainability in reparations: an analysis of the debate on ‘capping reparations’ in relation to State responsibility due to a State’s level of wealth

Tuesday, December 10, 2024

Call for Submissions: Polish Yearbook of International Law

The Polish Yearbook of International Law has issued a call for submissions for its next volume (vol. 44, 2024). The deadline is January 31, 2025. The call is here.

Monday, December 9, 2024

New Volume: Asian Yearbook of International Law

The latest volume of the Asian Yearbook of International Law (Vol. 28, 2022) is out. Contents include:
  • Vahid Rezadoost, The Legal Policy of the International Court of Justice: A Conceptual Framework
  • Muhammad Ekramul Haque & Md. Abu Bakar Siddique, Protection of Refugees in the Non-Signatory States to the 1951 Refugee Convention: Bangladesh Case Study
  • R. Rajesh Babu & S. Pandiaraj, India’s Refugee Protection and Border Control: Some Reflections on State Practice
  • Arie Afriansyah & Muhammad Syahravi Hatta, Dilemmatic Border Protection: Indonesia’s International Obligation for Refugees vs National Interests
  • Kanami Ishibashi, Immigration Control in Japan: Can the Revised Immigration Control and Refugee Recognition Act of 2023 Justify Japan’s Policy?
  • Battogtokh Javzandolgor, International Refugee Law Protection: Practice in Mongolia
  • Rommel J. Casis, Refugee Protection and Border Control in the Philippines
  • Kitti Jayangakula, Refugee Protection in Thailand

Sunday, December 8, 2024

New Volume: Polish Yearbook of International Law

The latest volume of the Polish Yearbook of International Law (Vol. 43, 2023) is out. Contents include:
  • General Articles
    • J. Kranz, Supremacy Over Primacy...? Reflections on Legal Controversies Between Poland and the European Union (2015–2023)
    • E.-U. Petersmann, How to Respond to UN Governance Failures? Lessons from Europe’s Economic and Environmental Constitutionalism
    • M. Sobol, The European Commission and the Establishment of the European Neighbourhood Policy: A Case-Study for Institutionalist Analysis?
    • R. Cardoso, Navigating Troubled Waters: Evaluating the Function and Material Legitimacy of European Criminal Law
    • J. Kociubiński, State Aid for Green Technologies in the European Union: Limitations and Risks
    • N.A. Marin & B. Manova, Putin’s Russia Before the International Court of Justice
    • S. Poghosyan, Russia’s Discourse on Democracy in International Law
    • M. Lipovský, What is “A Certain International Criminal Court” and Does the Choice of a Fully International or Internationalized (Hybrid) Court/Chambers Matter for the Crime of Aggression Committed Against Ukraine?
    • L. Lumiste, There and Back Again? Russia’s Quest for Regulating War in Cyberspace
    • K. Gavrysh, Prosecuting Individuals for Environmental Harm in the Armed Conflict BetweenRussia and Ukraine: The Case of Destruction of the Kakhovka Dam
  • Seminar: Universal Jurisdiction and the Crime of Aggression: The Challenges and Opportunities for JIT Member States
    • D. Sagatienė, Championing Accountability: Lithuania’s Leadership in Investigating Russian Crimes in Ukraine
    • G. Grigaite-Daugirde, Crime of Aggression Against Ukraine: Legality and Legitimacy of Domestic Prosecutions in Third States
    • M. Biszczanik, The Inadmissibility of Jurisdictional Immunity of Persons Responsible for the Commission of International Crimes in Terms of Domestic Universal Jurisdiction Proceedings
    • H. Kuczyńska & Michał Nasiłowski, The Polish Investigation into Core Crimes Committed in Ukraine: Practical Aspects of the Functioning of the JIT
    • Ł. Kułaga, Domestic and International Criminal Jurisdiction in the Context of the Initiative for a Special Tribunal for the Crime of Aggression
    • A. Kosylo & A. Dmytriv, Implementation and Interpretation of the Definitions of International Crimes in the National Jurisdiction of Ukraine
    • A. Korynevych, O. Senatorova & M. Shepitko, Prosecution of the Crime of Aggression in International and Ukrainian Jurisdiction: Challenges and Prospects
    • K. Aksamitowska, International Centre for the Prosecution of Russia’s Crime of Aggression Against Ukraine and the Role of New Technologies and Justice Hubs in the Fight Against Impunity
  • Polish Practice
    • G. Wierczyński & K. Wierczyńska, Polish Practice on Promulgation of International Agreements Between Poland and the USSR, 1944-1960
  • Book Reviews
    • K. Sulyok, Lukasz Gruszczynski, Joanne Scott, The WTO Agreement on Sanitary and Phytosanitary Measures. A Commentary, 2nd ed., Oxford University Press, Oxford: 2023, pp. 384
    • M. Safta, Aleksandra Mężykowska, Anna Młynarska-Sobaczewska, Persuasion and Legal Reasoning in the ECtHR Rulings Balancing Impossible Demands, Routledge, Oxon and New York: 2023, pp. 230
    • A. Mężykowska, Jason Scott Palmer, Reparations in Domestic and International Mass Claims Processes: Justice and Money, Edward Elgar Publishing, Cheltenham: 2023, pp. 200
    • A. Jakubowski, Grega Pajnkihar, State Succession to Responsibility for Internationally Wrongful Acts, Brill- Nijhoff, Boston-Leiden: 2023, pp. xii + 389
    • S. Zaręba, Mateusz Błachucki, International Cooperation, Competition Authorities and Transnational Networks, Routledge, Oxford-New York: 2023, pp. 296

Saturday, December 7, 2024

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.

Friday, December 6, 2024

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.

Thursday, December 5, 2024

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

Wednesday, December 4, 2024

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

Tuesday, December 3, 2024

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.

Sunday, December 1, 2024

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.