The Wayback Machine - https://web.archive.org/web/20200503080657/http://ilreports.blogspot.com/2020/

Saturday, May 2, 2020

John M. Murrin

My memory is that when I applied to graduate schools nearly thirty years ago in late 1990 I sent my applications to five history departments. Of course, when you apply for a doctoral program, you are mainly choosing a dissertation adviser. I was familiar with the work of the early Americanists at four of those universities: Bernard Bailyn, John Demos, Gary Nash, and Gordon Wood. They were all major figures in the field, and I had read their books in my courses. The fifth Americanist was John Murrin. I had probably read John's stunning chapter "A Roof Without Walls: The Dilemma of American National Identity," which was published in a collection of essays co-edited by Rick Beeman, who (together with Richard Dunn) was one of my undergraduate advisers. But somehow, despite being a tenured professor at Princeton, John had not written a monograph, and it is fair to say that he was the least well-known and "famous" of this group. Upon getting accepted, I think I visited four of these five schools, including a flight west to Los Angeles to check out UCLA, which culminated at a dinner (with a good amount of wine) at Gary Nash's amazing home on the side of a cliff in Pacific Palisades. There was no fancy dinner at Princeton. Some graduate students kindly took me to lunch outside of Chancellor Green (there was a cafeteria in the adjacent East Pyne), and I remember a meeting with Murrin in his long, not particularly well-appointed and definitely cluttered, rectangular office in Dickinson Hall. I was used to the slightly frenetic Beeman and his bow ties and the refined Dunn who was always put-together, and I had met the jovial Nash and the very pleasant Demos (who, and I don't think I'm making this up, had a antique chair hanging from the ceiling of his office). On first impression, Murrin was definitely different: pleasant, but awkward and quite hard to read and definitely not well-coiffed - I couldn't quite figure him out. Fortunately, I was told (and I had to be told, because what did I know?) that Princeton had overall the best History Department in the country and that Murrin was the most brilliant early Americanist on the planet.

Murrin died earlier today. My friend Andy Shankman, who arrived in Princeton a year after me, has written the definitive guides to Murrin's work in his introduction to the volume of Murrin essays he edited, Rethinking America, and in his chapter in the festschrift he co-edited, Anglicizing America. In a message distributed earlier today announcing John's death, Andy wrote beautifully and so accurately about Murrin the individual and scholar, and the twitter replies testify further. In his scholarship, John revealed broad trends that others couldn't see or appreciate because his learning was so wide and deep and because he was willing to critically question established ideas. I remember him personally as he was in this photo (for eventually I did figure him out): friendly, open, playful, impish, and entirely unpretentious. My own research interests shifted slightly in my second and third years, and I would write my dissertation under the supervision of Dirk Hartog, who had propitiously moved to Princeton. John was characteristically nonplussed, even encouraging about the switch. Under the rules of academic genealogy, I am a very proud Hartog student, but I am also pleased to remember, particularly today, that I had also been a Murrin student.

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. 26, no. 1, January-March 2020) is out. Contents include:
  • Thuli Madonsela, Social Justice Transcending Inequalities
  • Ann-Marie Ekengren, Fredrik D. Hjorthen & Ulrika Möller, A Nonpermanent Seat in the United Nations Security Council: Why Bother?
  • David Curran & Charles T. Hunt, Stabilization at the Expense of Peacebuilding in UN Peacekeeping Operations: More Than Just a Phase?
  • Anjali Kaushlesh Dayal & Agathe Christien, Women’s Participation in Informal Peace Processes
  • Mareike Well, Barbara Saerbeck, Helge Jörgens & Nina Kolleck, Between Mandate and Motivation: Bureaucratic Behavior in Global Climate Governance
  • Grégoire Mallard, Farzan Sabet & Jin Sun, The Humanitarian Gap in the Global Sanctions Regime: Assessing Causes, Effects, and Solutions
  • Sybille Reinke de Buitrago & Patricia Schneider, Ocean Governance and Hybridity: Dynamics in the Arctic, the Indian Ocean, and the Mediterranean Sea
  • Martin Weber, From Alma Ata to the SDG s: The Politics of Global Health Governance and the Elusive “Health for All”

New Issue: ICSID Review: Foreign Investment Law Journal

The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 34, no. 2, Spring 2019) is out. Contents include:
  • Special Focus Section: Africa and the ICSID Dispute Resolution System
    • Makane Moïse Mbengue, ‘Somethin’ ELSE’: African Discourses on ICSID and on ISDS—An Introduction
    • Antonio R Parra, The Participation of African States in the Making of the ICSID Convention
    • Francis N Botchway, Consent to Arbitration: African States’ Practice
    • Uché Ewelukwa Ofodile, African States, Investor–State Arbitration and the ICSID Dispute Resolution System: Continuities, Changes and Challenges
    • Emilia Onyema, African Participation in the ICSID System: Appointment and Disqualification of Arbitrators
    • Marie-Andrée Ngwe & Marion Deligny Malchair, La propension des Etats africains à résoudre leurs litiges d’investissement à l’amiable
    • Won Kidane, The Culture of Investment Arbitration: An African Perspective
    • Olabisi D Akinkugbe, Reverse Contributors? African State Parties, ICSID and the Development of International Investment Law
    • Makane Moïse Mbengue, Africa’s Voice in the Formation, Shaping and Redesign of International Investment Law
    • Hamed El-Kady & Mustaqeem De Gama, The Reform of the International Investment Regime: An African Perspective
    • Matthew Happold, Investor–State Dispute Settlement using the ECOWAS Court of Justice: An Analysis and Some Proposals
    • Mohamed S Abdel Wahab, ICSID’s Relevance for Africa: A Symbiotic Bond Beyond Time
    • Meg Kinnear & Paul Jean Le Cannu, Concluding Remarks: ICSID and African States Leading International Investment Law Reform

New Volume: Recueil des Cours

Volume 404 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 404
    • L. Rajamani, Innovation and Experimentation in the International Climate Change Regime
    • J.-M. Sorel, Quelle normativité pour le droit des relations monétaires et financières internationales

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

Tuesday, April 21, 2020

New Issue: Journal of International Peacekeeping

The latest issue of the Journal of International Peacekeeping (Vol. 22, nos. 1-4, 2018) is out. Contents include:
  • Special Issue: Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law
    • Romeo Dallaire, Foreword–Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law
    • Phillip Drew, Jeremy Farrall, Rob McLaughlin & Bruce Oswald, Introduction
    • Colin Keating, Rwanda: The Political Failure of the UN Security Council
    • Andrew Wallis, Rwanda’s Forgotten Years: Reconsidering the Role and Crimes of Akazu 1973–1993
    • Jean Bou, Underpowered and Mostly Unwanted: A Short History of UNAMIR
    • J.J. Frewen, Rwanda Revisited: UNAMIR II: Australian Reflections on the Mission and the Mandate
    • Bruce ‘Ossie’ Oswald, UNAMIR: A Deployed Legal Officer’s Retrospective
    • Phillip Drew & Brent Beardsley, Do Not Intervene: UNAMIR’s Rules of Engagement from the Inside
    • Tamsin Phillipa Paige, Wilfully Blind: The Security Council’s Response to Genocide in Rwanda
    • Melanie O’Brien, Defining Genocide
    • Phillip Drew, Rwanda, the Holocaust, and the Predictable Path to Genocide
    • Linda Melvern, Moral Equivalence: The Story of Genocide Denial in Rwanda
    • David J. Simon, Rwanda and the Rohingya: Learning the Wrong Lessons?
    • Adam Jones, Gendering Rwanda Genocide and Post-Genocide
    • Emily Crawford, The ICTR and Its Contribution to the Revivification of International Criminal Law
    • M.A. Drumbl, Post-Genocide Justice in Rwanda
    • Jane Boulden, Rwanda: Lessons Observed. Lessons Learned?

Gornig: Der Ukraine-Konflikt aus völkerrechtlicher Sicht

Carolin Gornig has published Der Ukraine-Konflikt aus völkerrechtlicher Sicht (Duncker & Humblot 2020). Here's the abstract:
Die Ukraine-Krise bewegt seit vielen Jahren die Weltpolitik und der Konflikt ist stets Inhalt neuer Nachrichten. Die vorliegende Untersuchung bewertet den Ukraine-Konflikt umfassend. Die häufig vernachlässigte ukrainische Geschichte wird geschildert, um so die gespaltene Haltung der ukrainischen Bürger besser nachvollziehen zu können. Der Fokus der Arbeit richtet sich aber auf die Sezessionsbestrebungen der Krim, der Regionen Donezk und Luhansk sowie den Anschluss der Halbinsel Krim an die Russländische Föderation. Ferner werden die Anwendbarkeit des humanitären Völkerrechts sowie die internationalen Reaktionen im Kontext der Wirtschaftssanktionen erörtert.

Workshop: Human Rights & Climate Change - from Conceptual to Practical Perspectives

On April 30-May 1, the University of Essex's School of Law and Human Rights Centre will host an online workshop on "Human Rights & Climate Change - from Conceptual to Practical Perspectives." Registration information and the program are here.

Monday, April 20, 2020

Zemach: The Emerging Right of West Bank Palestinians to Israeli Citizenship

Ariel Zemach (Ono Academic College - Law) has posted The Emerging Right of West Bank Palestinians to Israeli Citizenship (University of Pennsylvania Journal of International Law, forthcoming). Here's the abstract:
This article explores a path in international law for recognizing the right of the Palestinian population of the West Bank to Israeli citizenship, based on the annexationist policies of Israel in the West Bank. The scope of the obligation of states to confer citizenship on individuals is determined by international human rights law (“IHRL”). The article shows that a plausible reading of the IHRL treaty obligations of Israel suggests that it has a duty to grant citizenship to individuals born in its territory, who would otherwise be stateless, and that most West Bank Palestinians are currently considered stateless. Therefore, if a given area of the West Bank is considered to have become part of Israel, most Palestinians subsequently born in such territory are plausibly entitled to receive Israeli citizenship as a matter of treaty law. There also seems to be a broad, emerging right under customary international law of the residents of a territory acquired by a state to receive the citizenship of that state, regardless of whether or not they would otherwise be considered stateless. The West Bank is a territory under Israeli occupation, and annexation by an occupier of any part of the occupied territory violates international law. The article argues, however, that the illegal annexation by Israel of an occupied territory would make that territory a part of Israel for the limited purpose of the right to citizenship, as an exception to the principle that illegal annexation is null and void. Hence, the existing and emerging IHRL obligations of Israel to grant citizenship to residents of territory acquired by Israel extend to Palestinians residing in areas of the West Bank illegally annexed by Israel. The article argues further that, for the purpose of applying the norms of IHRL that concern the right to citizenship, the definition of annexation extends beyond formal annexation and encompasses de facto annexation as well. Annexation of occupied territory results from the occupier’s display of sovereignty in that territory, among others, by settling its own population in the occupied territory. In view of the current spread of Israeli settlements across the West Bank, unless Israel removes, within a reasonable time period, many of these settlements, the entire territory of the West Bank may be considered to have been annexed, and the entire Palestinian population of the West Bank would have a strong claim to Israeli citizenship under an emerging norm of international law.

Ponta: Human Rights Law in the Time of the Coronavirus

Adina Ponta has posted an ASIL Insight on Human Rights Law in the Time of the Coronavirus.

New Issue: African Human Rights Law Journal

The latest issue of the African Human Rights Law Journal (Vol. 19, no. 2, 2019). Contents include:
  • Linet Sithole & Cowen Dziva, Eliminating harmful practices against women in Zimbabwe: implementing article 5 of the African Women’s Protocol
  • Romola Adeola, The impact of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa
  • Uti Ojah Egbai & Jonathan O. Chimakonam, Protecting the rights of victims in transitional justice: an interrogation of amnesty
  • Maame Efua Addadzi-Koom, ‘He beat me, and the state did nothing about it’: an African perspective on the due diligence standard and state responsibility for domestic violence in international law
  • Emmanuel Kamonyo Sibomana, Desia Colgan & Nicola GunnClark, The right of palliative care for the most vulnerable in Africa is everyone’s responsibility
  • Valerie Muguoh Chiatoh, Recognition of minority groups as a prerequisite for the protection of human rights: the case of Anglophone Cameroon
  • Paul O. Ogendi, Pharmaceutical trade policies and access to medicines in Kenya
  • Catrine Christiansen, Steffen Jensen & Tobias Kelly, A predisposed view: state violence, human rights organisations and the invisibility of the poor in Nairobi
  • Hoolo ‘Nyane, Abolition of criminal defamation and retention of scandalum magnatum in Lesotho
  • Augustine Arimoro, Public-private partnership and the right to property in Nigeria
  • Aliyu Ibrahim, Decongestion of Nigerian prisons : an examination of the role of the Nigerian police in the application of the holding-charge procedure in relation to pre-trial detainees
  • Emma Alimohammadi & Gustav Muller, The illegal eviction of undocumented foreigners from South Africa
  • Emma Charlene Lubaale & Simangele Daisy Mavundla, Decriminalisation of cannabis for personal use in South Africa
  • Tashwill Esterhuizen, Decriminalisation of consensual same-sex sexual acts and the Botswana Constitution: Letsweletse Motshidiemang v The Attorney-General (LEGABIBO as amicus curiae)

Sunday, April 19, 2020

Conference: Cambridge International Law Journal 2020 Conference (Update)

The Cambridge International Law Journal's 2020 Conference will go ahead as a free online event. The conference will take place as a series of webinars from April 30 to May 2. The theme is: "International Law and Global Risks: Current Challenges in Theory and Practice." All events will take place as Zoom webinars. Participation is free of charge, however advance registration is required for each webinar. Registration links can be found on the Cambridge International Law Journal website. Registered participants will receive a webinar link and password by email prior to the webinar. Places are limited.

Saturday, April 18, 2020

Call for Submissions: The International Legal Order and the Global Pandemic

The American Journal of International Law has issued a call for submissions for a symposium to be published in its October 2020 issue. The topic is: “The International Legal Order and the Global Pandemic.” The call is here.

New Issue: International & Comparative Law Quarterly

The latest issue of the International & Comparative Law Quarterly (Vol. 69, no. 2, April 2020) is out. Contents include:
  • Articles
    • Eileen Denza & Lauge N. Skovgaard Poulsen, The Euro–Arab Investment Treaty That Nearly Was
    • Javier García Olmedo, Recalibrating the International Investment Regime Through Narrowed Jurisdiction
    • Bríd Ní Ghráinne, Safe Zones and the Internal Protection Alternative
    • Paul F. Scott, Passports, The Right to Travel, And National Security in the Commonwealth
    • Anna Petrig & Maria Stemmler, Article 16 UNESCO Convention and the Protection of Underwater Cultural Heritage
  • Shorter Articles
    • Matteo Winkler, Understanding Claim Proximity in the EU Regime of Jurisdiction Agreements
    • David Matyas, Humanitarian Access Through Agency Law in Non-International Armed Conflicts
    • Julian Kulaga, A Renaissance of the Doctrine of Rebus Sic Stantibus?

New Issue: Chinese Journal of Global Governance

The latest issue of the Chinese Journal of Global Governance (Vol. 6, no. 1, 2020) is out. Contents include:
  • Orazio Coco, Contemporary China and the “Harmonious” World Order in the Age of Globalization
  • Hai Thanh Luong, Mapping on Transnational Crime Routes in the New Silk Road: a Case Study of the Greater Mekong Sub-region
  • Paweł Mateusz Gadocha, Assessing the EU Framework Regulation for the Screening of Foreign Direct Investment—What Is the Effect on Chinese Investors?
  • Bjarke Zinck Winther, A Review of the Academic Debate about United Nations Security Council Reform

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 114, no. 2, April 2020) is out. Contents include:
  • Article
    • Jay Butler, The Corporate Keepers of International Law
    • Tom Ginsburg, Authoritarian International Law?
  • International Decisions
    • Monika Zalnieriute, Google LLC v. Commission nationale de l'informatique et des libertés (CNIL)
    • Tom Ruys, Mukeshimana-Ngulinzira and Others v. Belgium and Others
    • Sebastian Bates, Law Society of South Africa and Others v. President of the Republic of South Africa and Others
    • Victor Kattan, Jadhav Case (India v. Pakistan)
  • Contemporary Practice of the United States Relating to International Law
    • Jean Galbraith, Contemporary Practice of the United States Relating to International Law
  • Recent Books on International Law
    • Penelope Andrews, reviewing Research Handbook on Feminist Engagement in International Law, edited by Susan Harris Rimmer and Kate Ogg
    • Michael Matheson, reviewing Internationalized Armed Conflicts in International Law, by Kubo Mačák
    • Catherine Brölmann, reviewing Interactions Between Regional and Universal Organizations: A Legal Perspective, by Laurence Boisson de Chazournes
    • Bernard H. Oxman, reviewing The Free Sea: The American Fight for Freedom of Navigation, by James Kraska and Raul Pedrozo
    • Evan T. Bloom, reviewing Emerging Legal Orders in the Arctic: The Role of Non-Arctic Actors, edited by Akiho Shibata, Leilei Zou, Nikolas Sellheim, and Marzia Scopelliti

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. 19, no. 1, 2020) is out. Contents include:
  • Peter Tzeng, A Strategy of Non-Participation before International Courts and Tribunals
  • Marco Dimetto, Interpretative Disputes with Regard to Provisional Measures at the ICJ: Is There a Normative Gap?
  • Scott Falls, Outsourcing FTA Dispute Settlement Administration to Third-Party International Arbitral Institutions: Opportunities and the Role of the Permanent Court of Arbitration
  • Andreas Kulick, Let’s (Not) (Dis)Agree to Disagree!? Some Thoughts on the ‘Dispute’ Requirement in International Adjudication
  • Tommaso Soave, European Legal Culture and WTO Dispute Settlement: Thirty Years of Socio-Legal Transplants from Brussels to Geneva

Thursday, April 16, 2020

Conference: 114th ASIL Annual Meeting (Update)

The American Society of International Law will hold its postponed 114th Annual Meeting on June 25-26 as a virtual event. The announcement is here. Details on the program, schedule, and registration are forthcoming.

Call for Submissions: Challenging the International Law of Immunities: New Trends on Established Principles?

The Revista de Direito Internacional/Brazilian Journal of International Law has issued a call for submissions for a special issue on "Challenging the International Law of Immunities: New Trends on Established Principles?" to be published in March 2021. The call is here.

New Volume: Irish Yearbook of International Law

The latest volume of the Irish Yearbook of International Law (Vol. 13, 2018) is out. Contents include:
  • Articles
    • Paulo Pinto de Albuquerque, The Rights of Migrants and Refugees under the European Convention on Human Rights: Where are we now?
  • Symposium Issue on Law and Peacekeeping
    • Aisling Swaine, Gender Planning for Peace and Security: Re-orienting National Action Plans
    • Patrick Burke, EU Navfor Med Operation Sophia – An impossible challenge?
    • Pearce Clancy, Arise, Sleeping Beauty: What PESCO means for Ireland
    • Richard Brennan, The Human Rights jurisdictional reach: A new entry point in Peace Operations – An operational perspective

Wednesday, April 15, 2020

Imseis: Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967-2020

Ardi Imseis (Queen’s Univ. - of Law) has posted Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967-2020 (European Journal of International Law, forthcoming). Here's the abstract:
This article critically examines the UN’s commitment to the international rule of law through an examination of its position on occupied Palestine post-1967. Occupation of enemy territory is meant to be temporary and the occupying power may not rightfully claim sovereignty over such territory. Since 1967, Israel has systematically and forcibly altered the status of occupied Palestine, with the aim of annexing, de jure or de facto, most or all of it. While the UN has focused on the legality of Israel's discrete violations of humanitarian and human rights law, scant attention has been paid by the Organization to the legality of its occupation regime as a whole. By what rationale can it be said that Israel's prolonged occupation of Palestine remains legal? This paper argues that the occupation has become illegal for its systematic violation of at least three jus cogens norms. Although an increasing number of commentators have subscribed to this view, little attention has been paid to its relevant international legal consequences which dictate a paradigm shift away from negotiations as the condition precedent for ending the occupation, as unanimously affirmed by the international community through the UN.

Benson, King, & Walker: Assets, Crimes and the State: Innovation in 21st Century Legal Responses

Katie Benson (Lancaster Univ. - Criminology), Colin King (Institute of Advanced Legal Studies, Univ. of London), & Clive Walker (Univ. of Leeds - Law) have published Assets, Crimes and the State: Innovation in 21st Century Legal Responses (Routledge 2020). The table of contents is here. Here's the abstract:

Organised crime, corruption, and terrorism are considered to pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. Alongside traditional criminal enforcement responses, strategies focused on following the money trail of such crimes have become increasingly prevalent. These strategies include anti-money laundering measures to prevent ‘dirty money’ from infiltrating the legitimate economy, proceeds of crime powers to target the accumulated assets derived from crime, and counter-terrorist financing measures to prevent ‘clean’ money from being used for terrorist purposes.

This collection brings together 17 emerging researchers in the fields of anti-money laundering, proceeds of crime, counter-terrorist financing and corruption to offer critical analyses of contemporary anti-assets strategies and state responses to a range of financial crimes. The chapters focus on innovative anti-financial crime measures and assemblages of governance that have become a feature of late modernity and on the ways in which individual nation states have responded to anti-money laundering and counter-terrorist financing requirements in light of their specific social, political, and economic contexts. This collection draws on perspectives from law, criminology, sociology, politics, and other disciplines. It adopts a much-needed international approach, focusing not only on expected jurisdictions, such as the United States and United Kingdom, but also on analysis from countries such as Qatar, Kuwait, Iran, and Nigeria.

Tuesday, April 14, 2020

Call for Abstracts: 2020 ASIL Midyear Meeting

The American Society of International Law has issued a call for abstracts for its 2020 Research Forum at Case Western Reserve University School of Law, a part of the Society's Midyear Meeting, which will be held October 30-31. The deadline is May 18, 2020. Here's the call:

The American Society of International Law calls for submissions of scholarly paper proposals for the 2020 ASIL Research Forum to be held at ASIL Academic Partner Case Western Reserve University School of Law in Cleveland, OH. The Research Forum, a Society initiative introduced in 2011, aims to provide a setting for the presentation and focused discussion of scholarly papers related to international law. All ASIL members are invited to attend the Forum, whether presenting a paper or not. Students and new professionals are especially encouraged to submit proposals for the Forum, and for the David Caron Prize (described below).

The Society plans to hold the Research Forum in person if it is possible to do so consistent with the safety and well-being of our attendees in light of the 2020 coronavirus pandemic. We will explore alternative arrangements should it be impossible or inadvisable for an in-person gathering to take place in October, and if the public health situation prevents individual presenters from attending, we will work with them to arrange alternative options for remote participation.

Papers may be on any topic related to international and transnational law and must be unpublished (for purposes of the call, publication to an electronic database such as SSRN is not considered publication). Interdisciplinary projects, empirical studies, and jointly authored papers are welcome. To be selected for the Research Forum, interested presenters should submit an Abstract of no more than 500 words in length summarizing the scholarly paper by 5:00 PM EST on Monday, May 18, 2020. Abstracts should be submitted using the form below. The Abstracts will be considered via a blind review process. Abstracts that do not follow these guidelines will not be considered. Notifications of acceptance will go out in June.

Abstracts of papers accepted for presentation will be assembled into thematic panels. The organizers welcome volunteers to serve as discussants who will comment on the papers. All authors of accepted papers will be required to submit their completed paper four weeks before the Research Forum, Thursday, October 1. Accepted authors must commit to participating on both Friday, October 30 and Saturday, October 31, 2020. Papers will be posted in advance of the Forum on the Midyear Meeting App, accessible only by participants in the Meeting.

Presenters will have the option (subject to editorial approval) of being published in the spring 2021 double volume, ASIL Research Forum issue of the Case Western Reserve Journal of International Law. To qualify for publication in the Case Western Reserve Journal of International Law, papers must be between 15-30 single spaced pages, include citations in Bluebook format, and be submitted by September 7, 2020.

David D. Caron Prize

The David D. Caron Prize is awarded for the best paper presented at the Research Forum by (a) a student currently enrolled in a graduate program; or (b) a person who received a graduate degree not more than five years prior to the date of the Research Forum at which the paper is presented. Co-authored papers are eligible for consideration provided all the co-authors meet the requirements stated above. All papers submitted for the Caron Prize by the deadline will receive written feedback from members of the Selection Committee, in addition to the feedback provided at the Forum.

Individuals whose papers are accepted for the Research Forum and who wish to be considered for the prize must submit their papers by Monday, September 7. The prize committee will review submitted papers, provide authors with feedback, and make recommendations in advance of a second-round submission. Papers not received by this date will not be considered for the Prize. Please note that authors must actually present their papers at the Research Forum, where the Prize will be announced. Authors who anticipate financial barriers to attending the Forum should also apply for a David D. Caron Fellowship, described below. The Prize recipient will receive a travel stipend to attend the Society's 2021 Annual Meeting, where the Prize will be formally presented.

David D. Caron Fellowships

Student or early career authors of accepted abstracts will have the option to apply for a limited number of David D. Caron Fellowships, designed to provide financial assistance to individuals who would not otherwise be able to attend and present their scholarship. More information about these fellowships will be circulated to individuals whose papers are accepted.

Sunday, April 12, 2020

New Volume: Yearbook of Polar Law

The latest volume of the Yearbook of Polar Law (Vol. 11, 2019) is out. Contents include:
  • Rachael Lorna Johnstone & Guðmundur Alfreðsson, In Memoriam – Ágúst Þór Árnason, 26 May 1954–11 April 2019
  • Aili Keskitalo, Opening Address
  • Vittus Qujaukitsoq, The Constitutional History of Greenland: Speech by the Minister for Mineral Resources, Labour, Interior and Nordic Co-operation
  • Yelena Yermakova, The Arctic: Press, Policy and the Arctic Council
  • Malgorzata (Gosia) Smieszek, Steady as She Goes? Structure, Change Agents, and the Evolution of the Arctic Council
  • Nigel Bankes, Arctic Ocean Management and Indigenous Peoples: Recent Legal Developments
  • Ragnar Baldursson, An Icelandic Perspective: Opening the Arctic Ocean
  • Elise Johansen, The Role of the Law of the Sea in Climate Change Litigation
  • Alejandra Mancilla, Four Principles to Justify Claims to Jurisdiction and to Natural Resources in Antarctica
  • Bent Ole Gram Mortensen & Ulrike Fleth-Barten, Denmark’s Obligations Regarding Mineral Resources in Greenland
  • Astrid Nonbo Andersen, The Greenland Reconciliation Commission: Moving Away from a Legal Framework
  • Apostolos Tsiouvalas, Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms
  • Gudmundur Alfredsson, Gun-Mari Lindholm, Göran Lindholm & Elisabeth Nauclér, History of Polar Law: Professor Atle Grahl-Madsen and the Seminars on the Small Nations of the North

New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 25, no. 1, Spring 2020) is out. Contents include:
  • Elliot Winter, Pillars not Principles: The Status of Humanity and Military Necessity in the Law of Armed Conflict
  • Samuli Haataja, Cyber Operations and Collective Countermeasures under International Law
  • Emma J Marchant, Insufficient Knowledge in Kunduz: The Precautionary Principle and International Humanitarian Law
  • Manuel Galvis Martínez, Betrayal in War: Rules and Trends on Seeking Collaboration under IHL
  • Verity Robson, The Common Approach to Article 1: The Scope of Each State’s Obligation to Ensure Respect for the Geneva Conventions
  • Ahmed Almutawa, Designing the Organisational Structure of the UN Cyber Peacekeeping Team
  • Nery Ramati, The Rulings of the Israeli Military Courts and International Law

Saturday, April 11, 2020

Ramnath: Intertwined Itineraries: Debt, Decolonization, and International Law in Post-World War II South Asia

Kalyani Ramnath (Harvard Univ. - Center for History and Economics) has published Intertwined Itineraries: Debt, Decolonization, and International Law in Post-World War II South Asia (Law and History Review, Vol. 38, no. 1, pp. 1-24, February 2020). Here's the abstract:
This Article brings a Tamil-speaking Chettiar widow and a Dutch scholar of international law - two seemingly disparate characters - together through a footnote. Set against the background of decolonizing South and Southeast Asia in the aftermath of World War Two, it follows the judgment in a little-known suit for recovery of debt, filed at a district-level civil court in Madras in British India, which escaped the attention of local legal practitioners, but made its way into an international law treatise compiled and written in Utrecht, twenty years later. Instead of using it to trace how South Asian judiciaries interpreted international law, the Article looks at why claims to international law were made by ordinary litigants like Chettiar women in everyday cases like debt settlements, and how they became “evidence” of state practice for international law. These intertwined itineraries of law, that take place against the Japanese occupation of Burma and the Dutch East Indies and the postwar reconstruction efforts in Rangoon, Madras and Batavia, show how jurisdictional claims made by ordinary litigants form an underappreciated archive for histories of international law. In talking about the creation and circulation of legal knowledges, this Article argues that this involves thinking about and writing from footnotes, postscripts and marginalia - and the lives that are intertwined in them.

de Wet: Military Assistance on Request and the Use of Force

Erika de Wet (Univ. of Graz - Law) has published Military Assistance on Request and the Use of Force (Oxford Univ. Press 2020). Here's the abstract:

In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights.

In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.

New Issue: Transnational Dispute Management

The latest issue of Transnational Dispute Management (2020, no. 3) is out. This is a special issue on "The United States-Mexico-Canada Agreement (USMCA)." The table of contents is here.

Friday, April 10, 2020

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 80, no. 1, 2020) is out. Contents include:
  • Abhandlungen
    • Christoph Grabenwarter & Matti Pellonpää, “High Judicial Office” and “Jurisconsult of Recognised Competence”: Reflections on the Qualifications for Becoming a Judge at the Strasbourg Court
    • Jan Klabbers, Governance by Academics: The Invention of Memoranda of Understanding
    • Helmut Philipp Aust, Die Anerkennung von Regierungen: Völkerrechtliche Grundlagen und Grenzen im Lichte des Falls Venezuela
    • Winfried Huck, Informal International Law-Making in the ASEAN: Consensus, Informality and Accountability
  • Stellungnahmen und Berichte
    • Gordon Goodman, The Ethics of War and the Law of the Sea
    • Matthias Hartwig, Bericht zur völkerrechtlichen Praxis der Bundesrepublik Deutschland im Jahr 2018
  • 70 Years of the Indian Constitution
    • Adeel Hussain, Theorizing Indian Democracy
    • Rainer Grote: The Underestimated Relevance of the Indian Constitution for Comparative Constitutional Law Scholarship: A Review of the Oxford Handbook of the Indian Constitution

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 23, no. 1, March 2020) is out. Contents include:
  • Amrita Bahri & Monica Lugo, Trumping Capacity Gap with Negotiation Strategies: the Mexican USMCA Negotiation Experience
  • Kathleen Claussen, Reimagining Trade-Plus Compliance: The Labor Story
  • Geraldo Vidigal, A Really Big Button That Doesn’t Do Anything? The Anti-NME Clause in US Trade Agreements Between Law and Geoeconomics
  • Regis Y Simo, Trade in Services in the African Continental Free Trade Area: Prospects, Challenges and WTO Compatibility
  • Chien-Huei Wu, ASEAN at the Crossroads: Trap and Track between CPTPP and RCEP
  • Tom S H Moerenhout, Energy Pricing Policies and the International Trade Regime
  • Csongor István Nagy, Clash of Trade and National Public Interest in WTO Law: The Illusion of ‘Weighing and Balancing’ and the Theory of Reservation
  • Jong Bum Kim, Cross-Cumulation Arrangement as FTA Under GATT Article XXIV
  • Mira Burri & Rodrigo Polanco, Digital Trade Provisions in Preferential Trade Agreements: Introducing a New Dataset
  • Ines Willemyns, Agreement Forthcoming? A Comparison of EU, US, and Chinese RTAs in Times of Plurilateral E-Commerce Negotiations
  • Julien Chaisse & Jamieson Kirkwood, Chinese Puzzle: Anatomy of the (Invisible) Belt and Road Investment Treaty
  • J Robert Basedow, The Achmea Judgment and the Applicability of the Energy Charter Treaty in Intra-EU Investment Arbitration

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 64, no. 5, May 2020) is out. Contents include:
  • Articles
    • Brian C. Rathbun & Rachel Stein, Greater Goods: Morality and Attitudes toward the Use of Nuclear Weapons
    • Daniel Masterson & M. Christian Lehmann, Refugees, Mobilization, and Humanitarian Aid: Evidence from the Syrian Refugee Crisis in Lebanon
    • Chad Hazlett, Angry or Weary? How Violence Impacts Attitudes toward Peace among Darfurian Refugees
    • Gaku Ito & Kaisa Hinkkainen Elliott, Battle Diffusion Matters: Examining the Impact of Microdynamics of Fighting on Conflict Termination
    • Luke Abbs, Govinda Clayton, & Andrew Thomson, The Ties That Bind: Ethnicity, Pro-government Militia, and the Dynamics of Violence in Civil War
    • James Meernik & Kimi King, The Security Consequences of Bearing Witness
    • Brandon Ives & Jacob S. Lewis, From Rallies to Riots: Why Some Protests Become Violent
  • Data Set Feature
    • Vincent Arel-Bundock, Clint Peinhardt, & Amy Pond, Political Risk Insurance: A New Firm-level Data Set

Thursday, April 9, 2020

Longobardo: The Relevance of the Concept of Due Diligence for International Humanitarian Law

Marco Longobardo (Univ. of Westminster - Law) has posted The Relevance of the Concept of Due Diligence for International Humanitarian Law (Wisconsin International Law Journal, Vol. 37, pp. 44-87, 2019). Here's the abstract:
This article explores the relevance of due diligence for international humanitarian law. The article identifies international humanitarian law rules requiring the application of due diligence and demonstrates that the use of the concept of due diligence in international humanitarian law strengthens some well-established ideas on due diligence in general international law. Finally, the article argues that the inclusion of some due diligence obligations in international humanitarian law furthers states’ implementation of this branch of law.

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 26, no. 1, March 2020) is out. Contents include:
  • Steven Bernstein, The absence of great power responsibility in global environmental politics
  • Jana Grittersová, Foreign banks and sovereign credit ratings: Reputational capital in sovereign debt markets
  • Adam B. Lerner, The uses and abuses of victimhood nationalism in international politics
  • Chenchen Zhang, Right-wing populism with Chinese characteristics? Identity, otherness and global imaginaries in debating world politics online
  • Andrew Glencross, ‘Love Europe, hate the EU’: A genealogical inquiry into populists’ spatio-cultural critique of the European Union and its consequences
  • Özgür Özdamar & Erdem Ceydilek, European populist radical right leaders’ foreign policy beliefs: An operational code analysis
  • Tim Aistrope, Popular culture, the body and world politics
  • Cian O’Driscoll, No substitute for victory? Why just war theorists can’t win
  • Magnus Lundgren, Causal mechanisms in civil war mediation: Evidence from Syria
  • Roos Haer, Christopher Michael Faulkner, & Beth Elise Whitaker, Rebel funding and child soldiers: Exploring the relationship between natural resources and forcible recruitment
  • Vincenzo Bove, Mauricio Rivera, & Chiara Ruffa, Beyond coups: terrorism and military involvement in politics
  • Ida Danewid, The fire this time: Grenfell, racial capitalism and the urbanisation of empire

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 15, no. 2, April 2020) is out. Contents include:
  • Lisa Maria Dellmuth & Jonas Tallberg, Why national and international legitimacy beliefs are linked: Social trust as an antecedent factor
  • Mette Eilstrup-Sangiovanni, Death of international organizations. The organizational ecology of intergovernmental organizations, 1815–2015
  • Takaaki Masaki & Bradley C. Parks, When do performance assessments influence policy behavior? Micro-evidence from the 2014 Reform Efforts Survey
  • Ka Zeng, Karen Sebold, & Yue Lu, Global value chains and corporate lobbying for trade liberalization
  • Tana Johnson & Johannes Urpelainen, The more things change, the more they stay the same: Developing countries’ unity at the nexus of trade and environmental policy
  • Diana Panke, Regional cooperation through the lenses of states: Why do states nurture regional integration?
  • Thomas Bernauer, Steffen Mohrenberg, & Vally Koubi, Do citizens evaluate international cooperation based on information about procedural and outcome quality?
  • Christian Bjørnskov & Martin Rode, Regime types and regime change: A new dataset on democracy, coups, and political institutions

Ramcharan: A History of the UN Human Rights Programme and Secretariat

Bertrand G. Ramcharan has published A History of the UN Human Rights Programme and Secretariat (Brill | Nijhoff 2020). Here's the abstract:
This volume constitutes a valuable and unique history of the United Nations human rights programme and its secretariat. It offers interpretations of the history of the programme and its secretariat against the background of historical currents such as the Cold War, colonialism and decolonisation, and covers the seminal period during which the programme moved decisively towards human rights fact-finding and the denunciation of violations of human rights, which took place in the latter part of the 1970s and the 1980s. The author was a central player in this period, having served as the Special Assistant to three Directors of the Human Rights Division, and so provides historical materials that only he is aware of, having been at the heart of the action. He also provides snapshots of United Nations human rights leaders from the beginning of the United Nations, all of whom he knew personally, and writes about the contributions of NGOs and NGO leaders who served the cause of human rights with fortitude and determination.

d'Aspremont: International Law, Theory and History: Ordering Through Distinctions

Jean d'Aspremont (Sciences Po - Law; Univ. of Manchester - Law) has posted International Law, Theory and History: Ordering Through Distinctions (in The History and Theory of International Law, Jean d'Aspremont ed., forthcoming). Here's the abstract:
A wide variety of mechanisms can potentially be used to order discourses. Distinctions are one of them. Indeed, distinctions are not only common modes of thinking. They are also powerful modes of ordering. Distinctions’ ordering does not solely boil down to a repression that demotes impermissible thoughts to the realm of the impossible, the metaphysical, or the magic. Distinctions also organize the critique of the order they put in place. This paper, which constitutes the introduction to two major resources volumes, focuses on two key distinctions at work in international legal thought and practice, namely the inter-disciplinary distinction between international law and history, as well as the intra-disciplinary distinction between theory and practice. This paper questions these distinctions in their own terms and seeks to project an alternative image to that shaped by the dominant inter-disciplinary and intra-disciplinary orders of international law. The alternative image promoted here is one of an international lawyer who, whether she is a judge, a counsel, an academic, or an activist, constantly theorizes and historicizes. According to such an image, theorizing and historicizing constitute the core business of international lawyers in the many capacities with which they intervene in the problems of the world.

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 Diane A. Desierto on "Economic, Social and Cultural Rights in International Investment Law" and Karine Bannelier-Christakis on "Enjeux du principe de due diligence dans la prévention et la réaction aux cyber-attaques."