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Friday, May 1, 2020

De Pooter: The Civil Protection Mechanism of the European Union: A Solidarity Tool at Test by the COVID-19 Pandemic

Hélène De Pooter (Université Bourgogne Franche-Comté - Law) has posted an ASIL Insight on The Civil Protection Mechanism of the European Union: A Solidarity Tool at Test by the COVID-19 Pandemic.

Hathaway, Bradley, & Goldsmith: The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis

Oona A. Hathaway (Yale Univ. - Law), Curtis Bradley (Duke Univ. - Law), Jack Landman Goldsmith (Harvard Univ. - Law) have posted The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis (Harvard Law Review, forthcoming). Here's the abstract:

The Constitution specifies only one process for making international agreements. Article II states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” The treaty process has long been on a path to obsolescence, however, with fewer and fewer treaties being made in each presidential administration. Nevertheless, the United States has not stopped making international agreements. Even as Article II treaties have come to a near halt, the United States has concluded hundreds of binding international agreements each year. These agreements, known as “executive agreements,” are made by the President without submitting them to the Senate, or to Congress, at all. Congress has responded to the rise of executive agreements by imposing a transparency regime—requiring that all the binding executive agreements be reported to Congress and that important agreements be published for the public to see.

Until now, however, there has been no systematic assessment of how well the transparency regime has been working. This Article seeks to fill that gap. Through a Freedom of Information Act lawsuit, we obtained thousands of documents relating to the agreements reported to Congress and the legal authority on which the Executive Branch has relied for these agreements. Together with a series of interviews with lawyers directly involved in the process, this new information has given us an unprecedented look inside the system of concluding, publicizing, and reporting executive agreements. For the first time, we can describe how the system for making and scrutinizing executive agreements actually works—and when and how it fails to work. The overall picture that emerges is one of dysfunction and non-accountability. In brief: the Executive Branch does not come close to meeting its reporting duties; the entire process is opaque to everyone involved, including Executive Branch officials and congressional staffers; and Congress is failing in its oversight role. The “system” is badly in need of repair if we are going to preserve the integrity and legality of the United States’ primary means of making international law. This Article proposes a number of reforms, most of which should be normatively uncontroversial.

Williams, Woolaver, & Palmer: The Amicus Curiae in International Criminal Justice

Sarah Williams (Univ. of New South Wales - Law), Hannah Woolaver (Univ. of Cape Town - Law), & Emma Palmer (Griffith Univ. - Law) have published The Amicus Curiae in International Criminal Justice (Hart Publishing 2020). Here's the abstract:

The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions.

This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.

New Issue: Cooperation and Conflict

The latest issue of Cooperation and Conflict (Vol. 55, no. 2, June 2020) is out. Contents include:
  • Lise Philipsen, Improvising the international: Theorizing the everyday of intervention from the field
  • Marc Jacobsen, Greenland’s Arctic advantage: Articulations, acts and appearances of sovereignty games
  • Courtney J Fung, Rhetorical adaptation, normative resistance and international order-making: China’s advancement of the responsibility to protect
  • Andrew EE Collins & Chuck Thiessen, A grounded theory of local ownership as meta-conflict in Afghanistan
  • Tal Sadeh & Nizan Feldman, Globalization and wartime trade
  • Laura Chappell & Roberta Guerrina, Understanding the gender regime in the European External Action Service

Thursday, April 30, 2020

Special Issue: Border Justice: Migration and Accountability for Human Rights Violation

The current issue of the German Law Journal (Vol. 21, Special Issue No. 3, April 2020) focuses on "Border Justice: Migration and Accountability for Human Rights Violation." Contents include:
  • Special Issue: Border Justice: Migration and Accountability for Human Rights Violation
    • Cathryn Costello & Itamar Mann, Border Justice: Migration and Accountability for Human Rights Violations
    • Nikolas Feith Tan & Thomas Gammeltoft-Hansen, A Topographical Approach to Accountability for Human Rights Violations in Migration Control
    • Başak Çalı, Cathryn Costello, & Stewart Cunningham, Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies
    • Violeta Moreno-Lax, The Architecture of Functional Jurisdiction: Unpacking Contactless Control—On Public Powers, S.S. and Others v. Italy, and the “Operational Model”
    • Efthymios Papastavridis, The European Convention of Human Rights and Migration at Sea: Reading the “Jurisdictional Threshold” of the Convention Under the Law of the Sea Paradigm
    • Vladislava Stoyanova, The Right to Life Under the EU Charter and Cooperation with Third States to Combat Human Smuggling
    • Carla Ferstman, Human Rights Due Diligence Policies Applied to Extraterritorial Cooperation to Prevent “Irregular” Migration: European Union and United Kingdom Support to Libya
    • Daria Davitti, Beyond the Governance Gap: Accountability in Privatized Migration Control
    • Evangelia (Lilian) Tsourdi, Holding the European Asylum Support Office Accountable for its role in Asylum Decision-Making: Mission Impossible?
    • Melanie Fink, The Action for Damages as a Fundamental Rights Remedy: Holding Frontex Liable
    • Gabrielle Holly, Challenges to Australia's Offshore Detention Regime and the Limits of Strategic Tort Litigation
    • Ioannis Kalpouzos, International Criminal Law and the Violence against Migrants
    • Itamar Mann, The Right to Perform Rescue at Sea: Jurisprudence and Drowning

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 68, 2020) is out. Contents include:
  • The multi-faceted character of the ‘political question’ doctrine in recent practice: A one-size-fits-all tool?
    • Introduced by Micaela Frulli
    • Diego Mauri, The political question doctrine vis-à-vis drones’ ‘outsized power’: Antithetical approaches in recent case-law
    • Martina Buscemi, The non-justiciability of third-party claims before UN internal dispute settlement mechanisms. The ‘politicization’ of (financially) burdensome questions

Tuesday, April 28, 2020

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 33, no. 2, June 2020) is out. Contents include:
  • Editorial
    • Cristina Hoss, Santiago Villalpando, & Eric De Brabandere, In Memoriam: Professor Hugh W. A. Thirlway (14 June 1937 – 13 October 2019)
  • International Legal Theory
    • Michelle Burgis-Kasthala, Researching secret spaces: A reflexive account on negotiating risk and academic integrity
    • Ioannis Kalpouzos, Double elevation: Autonomous weapons and the search for an irreducible law of war
  • International Law and Practice
    • Leonardo Borlini, When the Leviathan goes to the market: A critical evaluation of the rules governing state-owned enterprises in trade agreements
    • Veronika Fikfak, Non-pecuniary damages before the European Court of Human Rights: Forget the victim; it’s all about the state
    • Eva Kassoti, Between Sollen and Sein: The CJEU’s reliance on international law in the interpretation of economic agreements covering occupied territories
    • Goemeone E.J. Mogomotsi, Patricia K. Mogomotsi, & Ketlhatlogile Mosepele, Legal aspects of transboundary water management: An analysis of the intergovernmental institutional arrangements in the Okavango River Basin
    • Ksenia Polonskaya, Selecting candidates to the bench of the World Court: (Inevitable) politicization and its consequences
    • Rebecca Sutton, Enacting the ‘civilian plus’: International humanitarian actors and the conceptualization of distinction
    • Diego Zannoni, The legitimate expectation of regulatory stability under the Energy Charter Treaty
  • International Court of Justice
    • Charles N. Brower & Massimo Lando, Judges ad hoc of the International Court of Justice
  • International Criminal Courts and Tribunals
    • Marina Aksenova & Amber N. Rieff, Setting the scene: The use of art to promote reconciliation in international criminal justice

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 24, no. 4, 2020) is out. Contents include:
  • Special Section: Gender, Sexuality and Transitional Justice
    • Katherine Fobear & Erin Baines, Pushing the conversation forward: the intersections of sexuality and gender identity in transitional justice
    • Katie McQuaid, ‘There is violence across, in all arenas’: listening to stories of violence amongst sexual minority refugees in Uganda
    • Rocky James, An evolution in queer indigenous oral histories through the Canada Indian residential school settlement agreement
    • John Nagle, Frictional encounters in postwar human rights: an analysis of LGBTQI movement activism in Lebanon
    • Nicole Maier, Queering Colombia's peace process: a case study of LGBTI inclusion
  • Regular Articles
    • Andrea Broderick, Of rights and obligations: the birth of accessibility
    • Rhona Smith, Conall Mallory & Sean Molloy, Brexiting human rights diplomacy at the United Nations Human Rights Council: opportunity or cause for concern?
    • Katarina Frostell, Welfare rights of families with children in the case law of the ECtHR
    • Ruth Gaffney-Rhys, Female genital mutilation: the law in England and Wales viewed from a human rights perspective
    • Anne J. Gilliland & Kathy Carbone, An analysis of warrant for rights in records for refugees

Call for Papers: The Communist Crimes – Question of Individual and State Responsibility

A call for papers has been issued for a conference on "The Communist Crimes – Question of Individual and State Responsibility," which will take place November 9-10, 2020, in Warsaw. The call is here.

Monday, April 27, 2020

AJIL Unbound Symposium: How Will Artificial Intelligence Affect International Law?

AJIL Unbound has posted a symposium on "How Will Artificial Intelligence Affect International Law?" The symposium includes an introduction by Ashley Deeks and contributions by Malcolm Langford, Steven Hill, Bryant Walker Smith, and Daragh Murray.

Özsu: Organizing Internationally: Georges Abi-Saab, the Congo Crisis, and the Decolonization of the United Nations

Umut Özsu (Carleton Univ. - Law and Legal Studies) has posted Organizing Internationally: Georges Abi-Saab, the Congo Crisis, and the Decolonization of the United Nations (European Journal of International Law, forthcoming). Here's the abstract:
Why and how have "Third World" international lawyers engaged with the law of international organizations? This article considers Georges Abi-Saab’s 1978 work, The United Nations Operation in the Congo 1960–1964, an important but largely forgotten intervention in debates about the power and authority of the United Nations at the height of the post-Second World War wave of decolonization. Fusing careful analysis of the legal rules and instruments that underwrote UN operations during the Congo crisis with a narrative reconstruction of the accompanying political and diplomatic negotiations, Abi-Saab’s book examines the organization’s involvement in the conflict following Congo’s formal independence from Belgium in June 1960, both during and after Dag Hammarskjöld’s tenure as UN Secretary-General. This article takes up Abi-Saab’s account of Hammarskjöld’s role in and management of the crisis. It demonstrates that Abi-Saab understood the Secretary-General’s office to be hedged in by significant "constitutional" constraints on publicly justifiable action but also uniquely equipped to coordinate competing interests and facilitate collective action. It also demonstrates that this dual understanding of the Secretary-General--both "legalistic" and overtly "political"--informed Abi-Saab’s commitment to developing international law in and through international organizations.

Heath: Trade and Security Among the Ruins

J. Benton Heath (New York Univ. - Law) has posted Trade and Security Among the Ruins (Duke Journal of Comparative & International Law, forthcoming). Here's the abstract:

The collision of trade and security interests is taking place today in an increasingly fragmented landscape. Governments’ conceptions of their own vital interests are undergoing a rapid transformation, as the concept of “national security” expands to encompass issues such as national industrial policy, cybersecurity, and responses to climate change and pandemic disease. At the same time, the system for settling trade disputes is being pulled apart by competing tendencies toward legalism and deformalization. Last year, a landmark decision suggested that international adjudicators could oversee this clash between security and trade, deciding which security interests can override trade rules and which ones cannot. Then the collapse of the WTO Appellate Body threw into doubt the future of a legalized trade regime, suggesting a partial return to a system driven by politics, where governments retain significant discretion to advance their own interpretations of their trade obligations and their security interests.

In this contribution to the Duke Journal of Comparative and International Law symposium on trade and security, I argue that this fragmented landscape provides an opportunity to experiment with different ways of resolving the clash between trade and security. After introducing the expansion of state security interests with reference to recent policy developments, I identify three emerging models for reconciling expanded security interests with trade obligations: structured politics, trade legalism, and judicial managerialism. Each of these models brings tradeoffs in terms of oversight and flexibility, and each is associated with an ideal institutional setting. Rather than attempting to vindicate one model for all settings and all purposes, we should embrace plurality, especially at a moment where the relationship between trade and security appears to be undergoing a historic transformation.

Ozturk: Covid-19: Just Disastrous or the Disaster Itself? Applying the ILC Articles on the Protection of Persons in the Event of Disasters to the Covid-19 Outbreak

Alp Ozturk has posted an ASIL Insight on Covid-19: Just Disastrous or the Disaster Itself? Applying the ILC Articles on the Protection of Persons in the Event of Disasters to the Covid-19 Outbreak.

Sunday, April 26, 2020

Verdier: Global Banks on Trial: U.S. Prosecutions and the Remaking of International Finance

Pierre-Hugues Verdier (Univ. of Virginia - Law) has published Global Banks on Trial: U.S. Prosecutions and the Remaking of International Finance (Oxford Univ. Press 2020). Here's the abstract:

In the years since the 2008 financial crisis, U.S. federal prosecutors have brought dozens of criminal cases against the world's most powerful banks, charging them with manipulating financial indices, helping their customers evade taxes, evading sanctions, and laundering money. To settle these cases, global banks like UBS, Barclays, HSBC and BNP Paribas paid tens of billions of dollars in fines. They also agreed to extensive reforms, hiring hundreds of compliance officers, spending billions on new systems, and installing independent monitors. In effect, they agreed to become worldwide enforcers of U.S. law, including financial sanctions-sometimes despite their own governments' protests.

This book examines the U.S. enforcement campaign against global banks across four areas: benchmark manipulation, tax evasion, sanctions violations, and sovereign debt. It shows that U.S. prosecutors have unilaterally carved out a new role as global bank regulators, heralding a fundamental shift in how international finance is overseen. Their ability to do so stems from U.S. control over access to vital hubs of the international financial system. In some areas, unilateral U.S. actions have ushered in important multilateral reforms, such as the rise of automatic tax information exchange and better-regulated financial indices. In other areas, such as financial sanctions, unilateralism has attracted protests from other states and spurred attempts to challenge U.S. dominance of international finance.

New Issue: Human Rights Law Review

The latest issue of the Human Rights Law Review (Vol. 20, no. 1, March 2020) is out. Contents include:
  • Marko Milanovic, The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life
  • Mark Dawson, Fundamental Rights in European Union Policy-making: The Effects and Advantages of Institutional Diversity
  • Krešimir Kamber, Substantive and Procedural Criminal Law Protection of Human Rights in the Law of the European Convention on Human Rights
  • Dana Schmalz, Beyond an Anxiety Logic: A Critical Examination of Language Rights Cases before the European Court of Human Rights
  • Lize R Glas, From Interlaken to Copenhagen: What Has Become of the Proposals Aiming to Reform the Functioning of the European Court of Human Rights?
  • Nicola Barker, ‘Marry in Haste …’: The (Partial) Abolition of Same-sex Marriage in Bermuda
  • Nigel D White, Jam Tomorrow? Implications for United Nations Human Rights Liability of the United States Supreme Court’s Judgment on Immunity

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added two lectures to the UN Audiovisual Library of International Law Podcast Channel. Due to current circumstances, the AVL team can post these only to the podcast channel and not the website. The lectures were given by Ivana Hrdličková on "Special Tribunal for Lebanon – A Tribunal of Many Firsts" and Lavanya Rajamani on "The International Climate Change Regime: Evolution and Challenges."

Call for Applications: Law & Practice of International Courts and Tribunals Book Review Editor

The Law & Practice of International Courts and Tribunals has issued a call for applications for the position of Book Review Editor. Here's the call:

The Law & Practice of International Courts and Tribunals (LPICT) now invites applications for the position of Book Review Editor

The Law & Practice of International Courts and Tribunals (LPICT) is adding a book review section to its regular offerings of high-level scholarly articles and legal development columns.

For this purpose, we are currently looking for a Book Review Editor with at least 3 years of post- PhD experience (or equivalent) and, preferably, with previous editorial expertise. Women and non-Western scholars are particularly encouraged to apply.

The Book Review Editor will be asked to evaluate incoming book reviews, as well as to identify recently published titles suitable for review and suitable reviewers. The Book Review Editor will work closely with the co-Editors-in-Chief (Prof. Régis Bismuth and Prof. Freya Baetens) and be asked to make a commitment for a term of 3 years (renewable). The position is unpaid.

Vacancy now open! Deadline: 31 May 2020

Interested candidates are kindly invited to send a motivation letter, CV and list of publications to the co-Editors-in-Chief ([email protected] and [email protected]) by 31 May 2020 (with ‘LPICT Book Review Editor Application’ as email subject).

All applicants will be notified of the outcome of the selection process in June 2020. Shortlisted candidates may be invited for an online interview. The appointed Book Review Editor will be expected to start in July 2020.

Pacholska: Complicity and the Law of International Organizations: Responsibility for Human Rights and Humanitarian Law Violations in UN Peace Operations

Magdalena Pacholska (Legal Adviser, Polish Armed Forces) has published Complicity and the Law of International Organizations: Responsibility for Human Rights and Humanitarian Law Violations in UN Peace Operations (Edward Elgar Publishing 2020). Here's the abstract:

This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.

Building on existing scholarship on State responsibility for aid or assistance, this incisive book is the first to focus on how the complicity of international organizations in human rights and humanitarian law violations can be established. Through a re-examination of classic legal notions such as due diligence and effective control, and their application to the problem of UN responsibility for complicity, Dr Magdalena Pacholska provides a pertinent analysis of the complex issues surrounding the UN’s legal exposure for its activities in the field of peace and security.

Saturday, April 25, 2020

Conference: 16th Annual Conference of the European Society of International Law (Update)

The 16th Annual Conference of the European Society of International Law, which was to take place on September 10-12, 2020, in Stockholm, will now take place on September 9-11, 2021, in Stockholm.

Scott: Climate Change, Disasters, and the Refugee Convention

Matthew Scott (Raoul Wallenberg Institute of Human Rights and Humanitarian Law) has published Climate Change, Disasters, and the Refugee Convention (Cambridge Univ. Press 2020). Here's the abstract:
Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.

Knur: Individuelle Rechtspositionen gegenüber internationalen Organisationen und Institutionen

Franziska Knur has published Individuelle Rechtspositionen gegenüber internationalen Organisationen und Institutionen (Duncker & Humblot 2020). Here's the abstract:
Trotz wachsender Zuständigkeiten internationaler Organisationen und Institutionen mit unmittelbaren Auswirkungen auf den Einzelnen sind individualisierte Rechtsschutz- oder Beschwerdeverfahren noch immer rar. Vor dem Hintergrund der sich wandelnden Rechtsstellung des Einzelnen »jenseits des Staates« und der Verankerung individueller Rechte im Völkerrecht ist jedoch davon auszugehen, dass auch zwischen internationalen Organisationen und den von ihrem Handeln betroffenen Menschen eine eigenständige Rechtsbeziehung entsteht, die eine Form der Rechenschaftspflicht erfordert. Anhand von fünf Referenzgebieten stellt die Arbeit exemplarisch die Quellen und Inhalte individueller Rechtspositionen gegenüber internationalen Organisationen und Institutionen dar. Das ausgewertete Material – darunter insbesondere die Rechtsprechung internationaler Dienstgerichte, des Internationalen Strafgerichtshofs und Dokumente zum UN-Peacekeeping – belegt die zunehmende Bedeutung dieser Rechtsbeziehung und der resultierenden Rechenschaftspflicht internationaler Organisationen gegenüber dem Einzelnen.

Thursday, April 23, 2020

Sripati: Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands

Vijayashri Sripati has published Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands (Oxford Univ. Press 2020). Here's the abstract:
This book raises very interesting and important questions about the legitimacy of the contemporary use of United Nations Constitutional Assistance (UNCA) (1989-2018) which birthed in 1949, as trusteeship and was, for this reason, rejected in 1960. Conceptual confusions have turned scholars' and policymakers' attention away from the Western liberal constitution that UNCA internationalizes. The Constitution's salience makes UNCA the most significant post-1989 development—-one that promotes the 'rule of law,' provides the basis for UN/ international territorial administration, and shapes all other developments. During colonialism, foreign states and international organizations starting from the League of Nations, followed by the United Nations, internationalized the Constitution in response to the colonies' supposed incapacities, and ostensibly to promote free markets, rule of law, good governance and civilized standards concerning women, with a view to 'civilize' them, and thereby morph them into sovereign states. Post 1960, UNCA has worked essentially to secure debt-relief for poor debtor sovereign states. But it does so, ostensibly to promote the same ends with a view to 'modernize' them, thus 'strengthening' their supposedly weakened sovereignty, which means, sovereign states experience political domination and control just as they did when they were colonies. This book concludes that UNCA which continues as trusteeship, makes a new addition to the 'standards of civilization': transparent, inclusive and participatory constitution-making. UNCA violates developing states' right to self-determination. This book provides a new constitutional dimension of trusteeship, one that creates and perpetuates global inequality.

deGuzman: Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law

Margaret M. deGuzman (Temple Univ. - Law) has published Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law (Oxford Univ. Press 2020). Here's the abstract:

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized.

This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Wednesday, April 22, 2020

New Volume: New Zealand Yearbook of International Law

The latest volume of the New Zealand Yearbook of International Law (Vol. 16, 2018) is out. Contents include:
  • Articles and Commentaries
    • Ashley Chandler, Investor-State Dispute Settlement in the CPTPP: Perspectives from Australia, Japan and New Zealand
    • José-Miguel Bello y Villarino, Will the Anti-corruption Chapter in the TPP11 Work?: Assessing the Role of Trade Law in the Fight Against Corruption Through International Law
    • Umair Ghori, The Confluence of International Trade and Investment: Exploring the Nexus between Export Controls and Indirect Expropriation
    • Tracey Epps & Danae Wheeler, Subsidies and “New Industrial Policy”: Are International Trade Rules Fit for the 21st Century?
    • Imogen Little, Out with the Old Approach: A Call to Take Socio-Economic Rights Seriously in Refugee Status Determination
    • James C. Fisher, A Critical Re-analysis of Whaling in the Antarctic: Formalism, Realism, and How Not to Do International Law
    • Gino Naldi & Konstantinos Magliveras, Jurisdictional Aspects of Dispute Settlement under the UN Convention on the Law of the Sea: Some Recent Developments
    • Jared Papps, State Immunity and the Application of Customary International Law in New Zealand: The Young v Attorney-General Litigation
    • Roger S. Clark, The Human Rights Committee, the Right to Life and Nuclear Weapons: The Committee’s General Comment No 36 on Article 6 of the Covenant on Civil and Political Rights
  • The South Pacific
    • Tony Angelo, Pacific Islands Forum 2018