Fikfak: Friendly Settlement Before the European Court of Human Rights

Veronika Fikfak (Univ. of Copenhagen - iCourts) has posted Friendly Settlement Before the European Court of Human Rights (International Journal of Constitutional Law, forthcoming). Here's the abstract:

Even though they represent almost 50% of all reported cases before the European Court of Human Rights, settlements of human rights violations escape scholars’ attention. Whilst victims are increasingly expected to resolve their disputes amicably, it is unclear whether applicants will be better off accepting settlement offers rather than proceeding to litigation. The paper charts the practice of friendly settlements before the Court from 1980s to today, mapping a shift in approach from seeking bilateral solutions to the proactive role of the Registry as mediator encouraging states and applicants to settle their cases to relieve the Court of the heavy workload. The study of 10,500 cases reveals how strategies adopted by the Registry – from procedural changes to how and when consent is given to settlement, to the framing of settlement offers and a close relationship with representatives of the respondent state – have favoured the most frequent violators of the Convention and sidelined the interests of the applicant. The analysis uncovers that the imbalance between parties and lack of enforcement are very much present in the ECtHR settlement system and that the active role of the Registry has reinforced, rather than redressed these concerns. The findings expose the dangers of pursuing en masse settlement in the human rights context and raise concerns about achieving long-term justice for victims of human rights violations through other means than adjudication.

Workshop: Being a Law Professor as a Woman: Comparative Experiences

On May 21, 2021, an online workshop will be held on "Being a Law Professor as a Woman: Comparative Experiences." Details are here.

Lecture: Otto on "Rethinking International Law's 'Peace': A queer feminist perspective"

On May 24, 2021, Dianne Otto (Univ. of Melbourne - Law) will deliver a lecture on "Rethinking International Law's 'Peace': A queer feminist perspective" as part of the Essex Public International Law Lecture Series. Details are here.

Webinar: China and the WTO: Why Multilateralism Still Matters

On June 16, 2021, STALS (Sant’Anna Legal Studies) will host a webinar on the book "China and the WTO: Why Multilateralism Still Matters." Details are here.

Workshop: Narratives of International Law

On May 20, 2021, the Maastricht University Study Group for Critical Approaches to International Law will hold an online workshop on "Narratives of International Law." Program and registration are here.

Borlini: Not Such a Retrospective: On the implementation of the International Anti-corruption Obligations in Italy

Leonardo S. Borlini (Bocconi Univ. - Law) has posted Not such a Retrospective: On the Implementation of the International Anti-corruption Obligations in Italy (International Criminal Law Review, forthcoming). Here's the abstract:

The past thirty years have seen unprecedented international initiatives aimed at combatting corrupt practices. The net effect of such initiatives is that today there exists a sort of “hyper-norm” repudiating corruption that transcends national boundaries. Over the same period, Italy has ratified and implemented within its legal system five international anti-corruption treaties, and amended its domestic legislation on different occasions. However, despite considerable efforts, corruption remains a serious challenge in the country. This article examines the main achievements and shortcomings of the implementation of the aforementioned conventions in Italy in light of the outcomes of the monitoring procedures established by the same treaties.

Symposium: International law 'in the palm of our hand': reading between the lines of Brazilian International Law textbooks

A symposium on "International law 'in the palm of our hand': reading between the lines of Brazilian International Law textbooks" was recently published on the ILA Brazil blog International Law Agendas. An English-language introduction can be found here and a pdf compilation of the posts can be found here.

Seminar: Justice: the political economy of international (criminal) law

On May 26, 2021, the Amsterdam Center for International Law at the University of Amsterdam and Melbourne Law School’s Institute for International Law and the Humanities will hold the third seminar of the Series "Unpacking Transitional Justice: International Law, Memory, and Power." The seminar will be held online and feature Christine Schwöbel-Patel (Warwick) and Hannah Franzki (Bremen) on the topic "Justice: the political economy of international (criminal) law." Details and registration are here.

Webinar: The Protection of Intellectual Property Rights under International Investment Law

On May 27, 2021, there will be a virtual webinar celebrating the launch of "The Protection of Intellectual Property Rights under International Investment Law" by Simon Klopschinski, Christopher S. Gibson, and Henning Grosse Ruse-Khan. Details are here.

Call for Papers: The Impact of New Technologies on Public and Private Powers: National and Supranational Perspectives

Carleton University and the research center CERIDAP of the University of Milan have issued a call for papers for a workshop on "The Impact of New Technologies on Public and Private Powers: National and Supranational Perspectives." The call is here.

Davidson: Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

Natalie R. Davidson (Tel Aviv Univ. - Law) has posted Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture (Law and Social Inquiry, forthcoming). Here's the abstract:

How is international human rights law (IHRL) made “everyday”, outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as driver of norm change, but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process-tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous, as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture, and demonstrates the benefits of process-tracing as a socio-legal methodology.

Conference: Rule of Law in the Indo-Pacific Region and Beyond

On May 17-19, 2021, the Stockton Center for International Law at the U.S. Naval War College will host online the 3rd Annual Alexander C. Cushing International Law Conference. The topic is: "Rule of Law in the Indo-Pacific Region and Beyond" Details are here.

Call for Papers: Artificial Intelligence: The New Frontier of Business and Human Rights

The Business and Human Rights Working Group of the Netherlands Network for Human Rights Research and the Asser Institute have issued a call for papers for a workshop on "Artificial Intelligence: The New Frontier of Business and Human Rights." The call is here.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added an introductory note by Heiner Bielefeldt and Michael Wiener on the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief of 1981 to the Historic Archives of the UN Audiovisual Library of International Law website.

Symposium: Transnational Legal Discourse on Race and Empire

The latest issue of the UCLA Law Review (Vol. 67, no. 6, April 2021) focuses on "Transnational Legal Discourse on Race and Empire." Contents include:

• Transnational Legal Discourse on Race and Empire
• E. Tendayi Achiume & Aslı Bâli, Race and Empire: Legal Theory Within, Through, and Across National Borders
• E. Tendayi Achiume & Devon W. Carbado, Critical Race Theory Meets Third World Approaches to International Law
• Adelle Blackett with Alice Duquesnoy, Slavery Is Not a Metaphor: U.S. Prison Labor and Racial Subordination Through the Lens of the ILO’s Abolition of Forced Labor Convention
• Justin Desautels-Stein, A Prolegomenon to the Study of Racial Ideology in the Era of International Human Rights
• Katherine Fallah & Ntina Tzouvala, Deploying Race, Employing Force: ‘African Mercenaries’ and the 2011 NATO Intervention in Libya
• James Thuo Gathii, Writing Race and Identity in a Global Context: What CRT and TWAIL Can Learn From Each Other
• Christopher Gevers, “Unwhitening the World”: Rethinking Race and International Law
• Darryl Li, Genres of Universalism: Reading Race Into International Law, With Help From Sylvia Wynter
• Sherally Munshi, Unsettling the Border
• Vasuki Nesiah, An Un-American Story of the American Empire: Small Places, From the Mississippi to the Indian Ocean
• Aziz Rana, Keynote Speech, UCLA Law Review Symposium 2020: Law and Empire in the American Century
• John Reynolds, Emergency and Migration, Race and the Nation
• Wadie E. Said, The Destabilizing Effect of Terrorism in the International Human Rights Regime
• Matiangai Sirleaf, Racial Valuation of Diseases
• Chantal Thomas, Race as a Technology of Global Economic Governance

New Issue: New York University Journal of International Law and Politics

The latest issue of the New York University Journal of International Law and Politics (Vol. 53, no. 2, Winter 2021) is out. Contents include:

• Neha Mishra, International Trade Law Meets Data Ethics: A Brave New World
• Daniel Peat, The Tyranny of Choice and the Interpretation of Standards: Why the European Court of Human Rights Uses Consensus
• Jay Butler, Corporate Commitment to International Law
• Gian Luca Burci & Stefania Negri, Governing the Global Fight against Pandemics: The WHO, the International Health Regulations, and the Fragmentation of International Law
• José E. Alvarez, Biden's International Law Restoration

New Podcast Episodes: "Hablemos de Derecho Internacional"

Hablemos de Derecho Internacional – The International Legal Podcast recently added the following Episodes in Spanish: Dra. Erika Guevara Rosas - La Protección de los Derechos Humanos por Amnistía Internacional; Dr. Fernando Bordin - Una verdadera charla sobre la costumbre internacional (Premium); Prof. Alonso Gurmendi - Conflictos Armados No-Internacionales: El Perú y América Latina; Dra. María Amparo Albán - La Protección de Áreas Marinas bajo el Derecho Internacional; Gota 9: Derecho de Asilo / Haya de la Torre (Colombia c. Perú) (Premium); Prof. Carlos Gil Gandía - Reparación de Víctimas de Crímenes Internacionales - Corte Penal Internacional (Premium); and Dr. Angel V. Horna - Una conversación exitosa sobre la delimitación de fronteras marítimas. The podcast is available on the main platforms: Spotify, Apple Podcasts, Google Podcasts, or through other podcast applications by searching “Hablemos de Derecho Internacional”. Updated information about the guests and episodes can be found on the new website, or on HDI’s social media accounts: LinkedIn, Twitter, Instagram, Facebook, Youtube.

Special Issue: Refugees, Returnees and Internally Displaced Persons in Africa

The latest issue of the Journal of African Law (Vol. 65, Supp. 1, May 2021) focuses on "Refugees, Returnees and Internally Displaced Persons in Africa." Contents include:

• Special Issue: Refugees, Returnees and Internally Displaced Persons in Africa
• Romola Adeola, Lutz Oette, Olivia Lwabukuna, & Frans Viljoen, Introduction: Refugees, Returnees and Internally Displaced Persons in Africa
• Sara Palacios-Arapiles, Unfolding Africa's Impact on the Development of International Refugee Law
• Fatima Khan & Cecile Sackeyfio, Situating the Global Compact on Refugees in Africa: Will it Make a Difference to the Lives of Refugees “Languishing in Camps”?
• Francis M Deng & Romola Adeola, The Normative Influence of the UN Guiding Principles on the Kampala Convention in the Protection of Internally Displaced Persons in Africa
• Olivia Lwabukuna, The Responsibility to Protect Internally Displaced Persons in Africa
• Romola Adeola, The Kampala Convention and the Protection of Persons Internally Displaced by Harmful Practices in Africa
• Romola Adeola & Benyam D Mezmur, The Protection of Internally Displaced Children in Africa: A Doctrinal Analysis of Article 23(4) of the African Children's Charter
• Romola Adeola, Frans Viljoen, & Trésor Makunya Muhindo, A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights
• Gideon Muchiri Kaungu, Reflections on the Role of Ubuntu as an Antidote to Afro-Phobia

Call for Papers: Rosa Luxemburg and International Law

A call for papers has been issued for a writing workshop on the topic "Rosa Luxemburg and International Law." The intention is for the papers to be published in some form. The call is here.

Contesse: The Rule of Advice in International Human Rights Law

Jorge Contesse (Rutgers Univ. - Law) has posted The Rule of Advice in International Human Rights Law (American Journal of International Law, forthcoming). Here's the abstract:

Advisory jurisdiction is a ubiquitous feature of international human rights adjudication. Yet the attention of legal scholars is almost entirely devoted to contentious jurisdiction. This Article aims to fill that gap in the literature. By introducing two models of advisory jurisdiction, and analyzing the example of the Inter-American Court of Human Rights—the world’s most active international advice-giver—the Article shows how international human rights courts may utilize advisory proceedings to influence state conduct, in a mechanism the Article calls “ruling through advice.” The Article also shows how human rights courts may attempt to guide states and national courts, by addressing questions that are likely to arise, in a mechanism the Article calls “anticipatory adjudication.” Using the Inter-American Court’s groundbreaking advisory opinion on same-sex marriage as a case study, the Article argues that, despite the domestic implementation of its opinion, the Court misused its advisory powers, putting the regional human rights system at risk. The insights that both the conceptual model and the case study offer may contribute to a larger conversation about international courts’ advisory role.

Conference: International Arbitration: Charting the Path Ahead

On May 19-20, 2021, ILA-Canada will host its second biennial conference, online. The topic is "International Arbitration: Charting the Path Ahead." Program and registration are here.

New Issue: Stanford Journal of International Law

The latest issue of the Stanford Journal of International Law (Vol. 57, no. 1, Winter 2021) is out. Contents include:

• Ardi Imseis, The United Nations Plan of Partition for Palestine Revisited: On the Origins of Palestine's International Legal Subalternity
• Jide Nzelibe, Mixed Stakes Conflicts in International and Constitutional Law
• Nedim Hogic & Imad Antoine Ibrahim, Arctic Indigenous Communities and Antarctic Icebergs as Subjects of Inter-Legality

Lecture: Caracciolo on "The regime of international straits - freedoms, rights and obligations at stake"

On May 17, 2021, Ida Caracciolo (Judge, International Tribunal for the Law of the Sea) will deliver a lecture on "The regime of international straits - freedoms, rights and obligations at stake" as part of the Essex Public International Law Lecture Series. Details are here.

New Issue: International Organization

The latest issue of International Organization (Vol. 75, no. 2, Spring 2021) is out. Contents include:

• Challenges to the Liberal International Order: International Organization at 75
• Martha Finnemore, Kenneth Scheve, Kenneth A. Schultz, & Erik Voeten, Preface
• David A. Lake, Lisa L. Martin, & Thomas Risse, Challenges to the Liberal Order: Reflections on International Organization
• Marcos Tourinho, The Co-Constitution of Order
• Tanja A. Börzel & Michael Zürn, Contestations of the Liberal International Order: From Liberal Multilateralism to Postnational Liberalism
• Catherine E. De Vries, Sara B. Hobolt, & Stefanie Walter, Politicizing International Cooperation: The Mass Public, Political Entrepreneurs, and Political Opportunity Structures
• Henry Farrell & Abraham L. Newman, The Janus Face of the Liberal International Information Order: When Global Institutions Are Self-Undermining
• Emanuel Adler & Alena Drieschova, The Epistemological Challenge of Truth Subversion to the Liberal International Order
• Beth A. Simmons & Hein E. Goemans, Built on Borders: Tensions with the Institution Liberalism (Thought It) Left Behind
• Sara Wallace Goodman & Thomas B. Pepinsky, The Exclusionary Foundations of Embedded Liberalism
• Zoltán I. Búzás, Racism and Antiracism in the Liberal International Order
• J. Lawrence Broz, Jeffry Frieden, & Stephen Weymouth, Populism in Place: The Economic Geography of the Globalization Backlash
• Thomas M. Flaherty & Ronald Rogowski, Rising Inequality As a Threat to the Liberal International Order
• Judith Goldstein & Robert Gulotty, America and the Trade Regime: What Went Wrong?
• Edward D. Mansfield & Nita Rudra, Embedded Liberalism in the Digital Era
• Jeff D. Colgan, Jessica F. Green, & Thomas N. Hale, Asset Revaluation and the Existential Politics of Climate Change
• Rebecca Adler-Nissen & Ayşe Zarakol, Struggles for Recognition: The Liberal International Order and the Merger of Its Discontents
• Jessica Chen Weiss & Jeremy L. Wallace, Domestic Politics, China's Rise, and the Future of the Liberal International Order

Biltoft: A Violent Peace: Media, Truth, and Power at the League of Nations

Carolyn N. Biltoft (Graduate Institute) has published A Violent Peace: Media, Truth, and Power at the League of Nations (Univ. of Chicago Press 2021). Here’s the abstract:

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The newly born League of Nations confronted the post-WWI world—from growing stateless populations to the resurgence of right-wing movements—by aiming to create a transnational, cosmopolitan dialogue on justice. As part of these efforts, a veritable army of League personnel set out to shape “global public opinion,” in favor of the postwar liberal international order. Combining the tools of global intellectual history and cultural history, A Violent Peace reopens the archives of the League to reveal surprising links between the political use of modern information systems and the rise of mass violence in the interwar world. Historian Carolyn N. Biltoft shows how conflicts over truth and power that played out at the League of Nations offer broad insights into the nature of totalitarian regimes and their use of media flows to demonize a whole range of “others.”

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An exploration of instability in information systems, the allure of fascism, and the contradictions at the heart of a global modernity, A Violent Peace paints a rich portrait of the emergence of the age of information—and all its attendant problems.