The Wayback Machine - https://web.archive.org/web/20200508182752/http://ilreports.blogspot.com:80/2020/

Thursday, May 7, 2020

New Issue: Asian Journal of WTO & International Health Law and Policy

The latest issue of the Asian Journal of WTO & International Health Law and Policy (Vol. 15, no. 1, 2020) is out. Contents include:
  • Chang-fa Lo, The Missing Operational Components of the IHR (2005) from the Experience of Handling the Outbreak of COVID-19: Precaution, Independence, Transparency and Universality
  • Tsung-Ling Lee, Global Health in a Turbulence Time: A Commentary
  • Tolulope Anthony Adekola, Regional Mechanism Under Doha Paragraph 6 System—The Largely Untested Alternative Route for Access to Patented Medicines
  • Debashis Chakraborty & Julien Chaisse, Tightrope Walk Between Faith and Scepticism: India’s “Contingency Plan” for Free Trade
  • Juan He, Imported Seafood Traceability Regulations: A Mishap for the WTO’s Disregard for Non-Product Related Processes and Production Methods?
  • Marcia Don Harpaz & Hadas Peled, The Stalemate in China’s GPA Accession Negotiations—Is There a Way Out?
  • Zhong Lei, The Applicability of GATT Rules to Gas Transit Against the Backdrop of the “Belt and Road Initiative”: China’s Pipeline Transit Transport
  • Collins C. Ajibo, Miriam C. Anozie, Timothy O. Umahi & Samuel I. Nwatu, Africa-China Investment Partnership for Development: The Downside, the Promises and a Roadmap for the Future
  • Asif H Qureshi, The Americanization of the International Economic Order and Its Normative Boundaries

Sullivan: The Law of the List: UN Counterterrorism Sanctions and the Politics of Global Security Law

Gavin Sullivan (Univ. of Kent - Law) has published The Law of the List: UN Counterterrorism Sanctions and the Politics of Global Security Law (Cambridge Univ. Press 2020). Here's the abstract:
The spread of violent extremism, 9/11, the rise of ISIL and movement of 'foreign terrorist fighters' are dramatically expanding the powers of the UN Security Council to govern risky cross-border flows and threats by non-state actors. New security measures and data infrastructures are being built that threaten to erode human rights and transform the world order in far-reaching ways. The Law of the List is an interdisciplinary study of global security law in motion. It follows the ISIL and Al-Qaida sanctions list, created by the UN Security Council to counter global terrorism, to different sites around the world mapping its effects as an assemblage. Drawing on interviews with Council officials, diplomats, security experts, judges, secret diplomatic cables and the author's experiences as a lawyer representing listed people, The Law of the List shows how governing through the list is reconfiguring global security, international law and the powers of international organisations.

Call for Papers: International Economic Law between Emergencies and Reforms

The ESIL Interest Group on International Economic Law has issued a call for papers for an online workshop on “International Economic Law between Emergencies and Reforms” to take place on September 9, 2020. The call is here. The deadline is May 15, 2020.

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 15, no. 5, 2020) is out. Contents include:
  • Renato Antonini, Fair Comparison, Objective Examination and Positive Evidence in Undercutting Margins Computed in EU Trade Defence Investigation? No, Thanks
  • Gorka Echevarría, In the Name of Free Trade: WTO against the Brazilian Tax Incentives
  • Genevieve Dufour & David Pavot, WTO Negotiations: The Unfinished Doha Development Agenda and the Emergence of New Topics
  • Reina Ichii & Rajesh Sharma, What Are the Gender Impacts of the WTO on Local Communities?: South Korea’s Import Restriction on Sea-Squirts from Nuclear Affected Areas in Japan
  • Maria R.U.D. Tambunan, Transfer Mispricing on Intra-group Trading Performed by Multinational Manufacturing in Indonesia: Evidence from Indonesian Tax Court 2015–2019

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 51, no. 2, 2020) is out. Contents include:
  • Lena Schøning, More or Less Integrated Ocean Management: Multiple Integrated Approaches and Two Norms
  • Jianjun Gao, The Delimitation Method for the Continental Shelf Beyond 200 Nautical Miles: A Reflection on the Judicial and Arbitral Decisions
  • Dorottya Bognar-Lahr, In the Same Boat? A Comparative Analysis of the Approaches of Russia and Canada in the Negotiation of the IMO’s Mandatory Polar Code
  • Jee-hyun Choi, Korea–Japan JDZ to End in Deadlock?: The Potential for Unilateral Korean Exploration and Exploitation
  • Klaas Willaert, Effective Protection of the Marine Environment and Equitable Benefit Sharing in the Area: Empty Promises or Feasible Goals?

Hirsch: Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II

Francine Hirsch (Univ. of Wisconsin, Madison - History) has published Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II (Oxford Univ. Press 2020). Here's the abstract:

Organized in the immediate aftermath of World War II to try the former Nazi leaders for war crimes, the Nuremberg trials, known as the International Military Tribunal (IMT), paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this immersive new history of the trials, a central piece of the story has been routinely omitted from standard accounts: the critical role that the Soviet Union played in making Nuremberg happen in the first place. Hirsch's book reveals how the Soviets shaped the trials--only to be written out of their story as Western allies became bitter Cold War rivals.

Soviet Judgment at Nuremberg offers the first full picture of the war trials, illuminating the many ironies brought to bear as the Soviets did their part to bring the Nazis to justice. Everyone knew that Stalin had originally allied with Hitler before the Nazi invasion of the Soviet Union. The Molotov-Ribbentrop Pact of 1939 hung heavy over the courtroom, as did the suspicion among the Western prosecutors and judges that the Soviets had falsified evidence in an attempt to pin one of their own war crimes, the Katyn massacre of Polish officers, on the Nazis. It did not help that key members of the Soviet delegation, including the Soviet judge and chief prosecutor, had played critical roles in Stalin's infamous show trials of the 1930s. For the lead American prosecutor Robert H. Jackson and his colleagues, Soviet participation in the Nuremberg Trials undermined their overall credibility and possibly even the moral righteousness of the Allied victory.

Yet Soviet jurists had been the first to conceive of a legal framework that treated war as an international crime. Without it, the IMT would have had no basis for judgment. The Soviets had borne the brunt of the fighting against Germany--enduring the horrors of the Nazi occupation and experiencing almost unimaginable human losses and devastation. There would be no denying their place on the tribunal, nor their determination to make the most of it. Once the trials were set in motion, however, little went as the Soviets had planned. Soviet Judgment at Nuremberg shows how Stalin's efforts to direct the Soviet delegation and to steer the trials from afar backfired, and how Soviet war crimes became exposed in open court.

Hirsch's book offers readers both a front-row seat in the courtroom and a behind-the-scenes look at the meetings in which the prosecutors shared secrets and forged alliances. It reveals the shifting relationships among the four countries of the prosecution (the U.S., Great Britain, France, and the USSR), uncovering how and why the Palace of Justice in Nuremberg became a Cold War battleground. In the process Soviet Judgment at Nuremberg offers a new understanding of the trials and a fresh perspective on the post-war movement for human rights.

Wednesday, May 6, 2020

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 30, no. 4, November 2019) is out Contents include:
  • Editorial
    • Celebrating Peer Review: EJIL’s Roll of Honour and Announcement of the first EJIL Peer Review Prize; Brexit – Apportioning the Blame; Once Upon a Time in Catalonia…; 10 Good Reads; In This Issue
  • Afterword: Martti Koskenniemi and His Critics
    • Janne E. Nijman, Grotius’ ‘Rule of Law’ and the Human Sense of Justice: An Afterword to Martti Koskenniemi’s Foreword
    • Francesca Iurlaro, International Legal Histories as Orders: An Afterword to Martti Koskenniemi’s Foreword
    • Benjamin Straumann, The Rule of Law: Sociology or Normative Theory? An Afterword to Martti Koskenniemi’s Foreword
  • Articles
    • Raffaela Kunz, Judging International Judgments Anew? The Human Rights Courts before Domestic Courts
    • Michelle Burgis-Kasthala, Entrepreneurial Justice: Syria, the Commission for International Justice and Accountability and the Renewal of International Criminal Justice
    • Francisco de Abreu Duarte, ‘But the Last Word Is Ours’: The Monopoly of Jurisdiction of the Court of Justice of the European Union in Light of the Investment Court System
  • Roaming Charges: Kaleidoscope
  • Symposium: The Psychology of International Law
    • Anne van Aaken & Tomer Broude, The Psychology of International Law: An Introduction
    • Anne van Aaken, Experimental Insights for International Legal Theory
    • Doron Teichman and Eyal Zamir, Nudge Goes International
    • Anton Strezhnev, Beth A. Simmons & Matthew D. Kim, Rulers or Rules? International Law, Elite Cues and Public Opinion
    • Tomer Broude & Inbar Levy, Outcome Bias and Expertise in Investigations under International Humanitarian Law
    • Moshe Hirsch, Cognitive Sociology, Social Cognition and Coping with Racial Discrimination in International Law
    • Sergio Puig, Debiasing International Economic Law
  • EJIL: Debate!
    • Nicolas Lamp, How Should We Think about the Winners and Losers from Globalization? Three Narratives and Their Implications for the Redesign of International Economic Agreements
    • Bernard Hoekman & Douglas Nelson, How Should We Think about the Winners and Losers from Globalization? A Reply to Nicolas Lamp
  • EJIL: Debate!
    • Wendy Ng, Changing Global Dynamics and International Competition Law: Considering China’s Potential Impact
    • Eleanor Fox, Changing Global Dynamics and International Competition Law: A Reply to Wendy Ng
  • Impressions: Reviving a Tradition
    • Pierre-Marie Dupuy, Michel Virally, L’organisation mondiale
  • Books Reviews
    • Gian Luca Burci, reviewing Benjamin Mason Meier and Lawrence O. Gostin (eds). Human Rights in Global Health: Rights-Based Governance for a Globalizing World/li>
    • Mark A. Drumbl, reviewing Marcos Zunino. Justice Framed: A Genealogy of Transitional Justice
    • Sari Kouvo, reviewing Ratna Kapur. Gender, Alterity and Human Rights: Freedom in a Fishbowl
    • Tania Voon, reviewing Emily Sipiorski. Good Faith in International Investment Arbitration
  • The Last Page
    • Kalypso Nicolaidis, What kind of Brit shall I be?

Call for Papers: 15 years of the Convention for the Protection and Promotion of the Diversity of Cultural Expressions and Lessons for New Ways of International Law-Making: Actors, Processes, Impact

The ESIL Interest Group on International Law of Culture has issued a call for papers for an online workshop on "15 years of the Convention for the Protection and Promotion of the Diversity of Cultural Expressions and Lessons for New Ways of International Law-Making: Actors, Processes, Impact." The workshop will take place on September 9, 2020. The call is here.

Huang: Can Trade Dispute Resolution Mechanisms Enhance State Compliance with International Health Regulations? Insights from MARPOL 73/78

Jie (Jeanne) Huang (Univ. of Sydney - Law) has posted an ASIL Insight on Can Trade Dispute Resolution Mechanisms Enhance State Compliance with International Health Regulations? Insights from MARPOL 73/78.

Droubi: Investment Facilitation Mechanisms and Access to Justice in Brazilian Investment Agreements

Sufyan Droubi (Univ. of Dundee) has posted an ASIL Insight on Investment Facilitation Mechanisms and Access to Justice in Brazilian Investment Agreements.

Niemi, Peroni, & Stoyanova: International Law and Violence Against Women: Europe and the Istanbul Convention

Johanna Niemi (Univ. of Turku), Lourdes Peroni (Sheffield Hallam Univ.), & Vladislava Stoyanova (Lund Univ.) have published International Law and Violence Against Women: Europe and the Istanbul Convention (Routledge 2020). The table of contents is here. Here's the abstract:
This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice.

Dellavalle: International Law and Interdisciplinarity

Sergio Dellavalle (Univ. of Turin - Law) has posted International Law and Interdisciplinarity. Here's the abstract:
The article presents three main arguments in favour of an interdisciplinary opening of international law. The first emerges from the transition from traditional international law to transnational law, as a result of which specialized legal subsystems increasingly overcome the boundaries of nation states and, by making themselves independent of the pyramidal structure of the constitutional order, tend to overlap one another. Consequently, the transnational sphere is characterized by a significant intersection of competences, so that contemporary international law cannot be understood properly without a substantial expertise in fields that transcend its usual understanding. The second argument in favour of interdisciplinarity is related to the content of law in general and of international law in particular. Because a set of norms fulfils the task of stabilizing the normative expectations that are generated within a specific social subsystem, it inevitably incorporates the kind of rationality that characterizes the functioning of that same social subsystem. Thus, to understand how a legal subsystem works, it is necessary to take into account the fundamental constituents of that kind of rationality which makes up the rules of interaction within the social subsystem related to that particular set of norms. The third argument for interdisciplinarity derives, finally, from the overall rationale of law. In fact, beyond the functional rationality that the legal norms acquire insofar as they fulfil the task of stabilizing the normative expectations generated within specialized social subsystems, the law also enshrines a more inclusive understanding of a metasystemic rationality, namely a comprehensive idea of social order. Therefore, law is to be interpreted as the system of formal propositions that lay down the rules and principles that govern human interaction according to a specific view of how the “well-ordered society” should be defined. While law’s relation to the specialized subsystems is the expression of its functional rationale, its link to the idea of how the “well-ordered society” is understood manifests its more encompassing social rationality and, by reflecting what we can define as the paradigms of order, incorporates the knowledge developed within extra-legal discourses.

Peters & Askin: Der internationale Menschenrechtsschutz in Zeiten von Postglobalismus und Populismus

Anne Peters (Max Planck Institute for Comparative Public Law and International Law) & Elif Askin (Max Planck Institute for Comparative Public Law and International Law) have posted Der internationale Menschenrechtsschutz in Zeiten von Postglobalismus und Populismus (The International Protection of Human Rights in the Era of Postglobalism and Populism). Here's the abstract:

Der internationale Menschenrechtsschutz ist in der Ära des Postglobalismus von gegenläufigen Trends gekennzeichnet. Einerseits steigen die Ratifikationen der Menschenrechtsverträge und die völkerrechtlichen Instrumente und Verfahren werden ausgebaut. Laufend werden neuartige Menschenrechte formuliert, für neue Gruppen von Betroffenen beansprucht und gegenüber neuen Menschenrechtsverpflichteten zur Geltung gebracht. Auf der anderen Seite werden Menschenrechte in allen Regionen der Welt verletzt, und wir beobachten einen „backlash“ gegen die Idee der Menschenrechte, nicht zuletzt durch populistische Strömungen. Unser Beitrag plädiert gegen Doppelmoral und inflationäre Rechtsbehauptungen und für immer wieder neu und „bottom-up“ zu definierende universelle Rechte des Menschen.

In the era of postglobalism, international human rights protection is marked by antagonist trends. On the one hand, the ratification of human rights treaties is on the rise, and the international legal instruments and procedures are constantly refined. New rights are being pronounced, claimed for new groups of victims and enforced against new human rights obligors. On the other hand, human rights are violated in all regions of the world, and we witness a backlash against the idea of human rights, not the least in populist rhetorics. Our contribution argues against double standards and inflationary claims and in favour of an ongoing re-definition of universal rights of humans, in a bottom-up discourse.

Tuesday, May 5, 2020

Call for Submissions: New Zealand Yearbook of International Law

The New Zealand Yearbook of International Law has issued a call for submissions for its forthcoming volume 17 (2019). Here's the call:

The New Zealand Yearbook of International Law (Brill), launched in June 2004, is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of public and private international law. The Yearbook serves as a valuable tool in the determination of trends, state practice and policies in the development of international law with particular regard to New Zealand, the Pacific region, the Southern Ocean and Antarctica.

Editors call for both short notes and commentaries, and longer in-depth articles, for publication in next volume of the Yearbook, which will be published in early 2021.

Notes and commentaries should be between 3,000 to 7,000 words. Articles may be from 8,000 to 15,000 words.

The Editors seek contributions on any current topic in public or private international law. The Editors particularly encourage submissions that are relevant to the Pacific, the Southern Ocean and Antarctica, and New Zealand.

Submissions will be considered on a rolling basis. However, the *closing date for submissions for Volume 17 is 15 June 2020.

Contributions must be original unpublished works and submission of contributions will be held to imply this. Manuscripts must be word-processed and accepted papers should comply with the fourth edition of the Australian Guide to Legal Citation. The Guide is available online here.

Submissions should be provided in English, using MS Word-compatible word processing software, and delivered by email to the General Editor at [email protected]

Call for Submissions: German Yearbook of International Law

The German Yearbook of International Law has issued a call for submissions for its forthcoming volume 63 (2020). The deadline is September 1, 2020. Here's the call:

CALL FOR PAPERS

The German Yearbook of International Law is Germany’s oldest yearbook in the field of public international law. The GYIL is published annually by the Walther Schücking Institute for International Law at the University of Kiel and contains contributions on topics addressing all aspects of public international law. We aim to provide a platform for scholars of international law – both inside and outside Germany – to publish new research advancing public international legal discourse as well as analysis of current issues. The Yearbook features a ‘Forum’ section wherein prominent scholars are invited to enter into discussion on newly developing topics in international law, and a ‘Focus’ section for which a group of experts are invited to write articles examining in-depth various aspects of a topic chosen in advance by the editors.

The General Articles section of the GYIL is open to submissions from the entire academic community and is independently peer-reviewed by a board of renowned experts. All work submitted will be scrutinised based on its intellectual quality and its advancement of academic discourse. The Editors welcome submissions for volume 63 (2020) of the GYIL, inviting interested parties to submit contributions for consideration for inclusion in the forthcoming edition.

The paper should be 10,000-12,500 words inclusive of footnotes and conform with the house style of the GYIL (which is available on our website). Submissions, including a brief abstract, statement of affiliation, and confirmation of exclusive submission, should be sent by 1 September 2020 to the Assistant Editor of the GYIL via e-mail: [email protected].

More information can be found at our website or via the website of the Walther Schücking Institute for International Law.

Monday, May 4, 2020

Louka: The Global Economic Order: The International Law and Politics of the Financial and Monetary System

Elli Louka (Law-in-Action) has published The Global Economic Order: The International Law and Politics of the Financial and Monetary System (Edward Elgar Publishing 2020). Here's the abstract:
Exploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt – a critical component of states’ economic infrastructure – leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states.

Sunday, May 3, 2020

New Issue: Manchester Journal of International Economic Law

The latest issue of the Manchester Journal of International Economic Law (Vol. 17, no. 1, 2020) is out. Contents include:
  • Symposium: Africa’s Participation in International Economic Law in the 21st Century
    • Olabisi D. Akinkugbe, Ohio Omiunu, Amaka Vanni, Regis Y. Simo and Luwam Dirar, Introduction
    • Okechukwu Ejims, African Regional Investment Agreements: Neutralising a Threat to Non-communicable Disease Control Policies
    • Gudrun Monika Zagel, International Investment Agreements (IIAs) and Sustainable Development: Are the African Reform Approaches a Possible Way out of the Global IIA Crisis?
    • Chidebe M. Nwankwo, Balancing International Investment Law and Climate Change in Africa: Assessing Vertical and Horizontal Norms
    • Adebayo Majekolagbe, Africa’s Sustainability Transition in a Post-Fossil World: Posture, Negotiation and Agreements
    • Suzzie Onyeka Oyakhire, Re-Strategising the Position of International Economic Law within the Legal Education Curriculum in Africa
    • Vellah Kedogo Kigwiru, The Cooperation on Competition Policy under the African Continental Free Trade Area
    • Caroline Kago, Tomasz Milej, Fidel Mwaki & Saweria Mwangi, International Public Policy, Corruption and Investor to State Arbitration
    • Flora Huang & Horace Yeung, Sino-African Trade: A Multi-layered Appraisal

Special Issue: International Law for the Sustainable Development Goals

The latest issue of Brill Open Law (Vol. 2, 2020) focuses on "International Law for the Sustainable Development Goals." Contents include:
  • Adamantia Rachovitsa & Marlies Hesselman, Introduction
  • Daniëlla Dam de Jong, ‘A Rough Trade’? Towards A More Sustainable Minerals Supply Chain
  • Laure-Elise Mayard, Can A Transnational Law Approach Offer A Better Understanding of International Law’s Contribution to Sustainable Hydropower Projects? A Test Case from the Mekong River Basin
  • Stellina Jolly & Abhishek Trivedi, Implementing the SDG-13 Through the Adoption of Hybrid Law: Addressing Climate-induced Displacement
  • Cees Verburg and Jaap Waverijn, Liberalising the Global Supply Chain of Renewable Energy Technology: The Role of International Investment Law in Facilitating Flows of Foreign Direct Investment and Trade
  • Maryna Rabinovych, Where Economic Development Meets the Rule of Law? Promoting Sustainable Development Goals Through the European Neighbourhood Policy

New Issue: La Comunità Internazionale

The latest issue of La Comunità Internazionale (Vol. 75, no. 1, 2020) is out. Contents include:
  • Articoli e Saggi
    • Alessandra Sardu, L’international cybersecurity law: lo stato dell’arte
    • Francesco Emanuele Celentano, Il sistema internazionale di contrasto al cambiamento climatico tra inefficacia e astrattezza. Il necessario coinvolgimento dei privati
  • Osservatorio Europeo
    • Laura Montanari, Il rispetto del principio di rule of law come sfida per il futuro dell’Unione europea
  • Osservatorio Diritti Umani
    • Gian Maria Farnelli, Proporzionalità ed emergenza sanitaria da COVID-19 nei parametri CEDU

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 a few years earlier 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 in 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 an antique chair hanging from the ceiling of his office). On first impression, Murrin was entirely 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 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 incredibly 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 completely 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.