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Tuesday, September 7, 2021

Steffek: International Organization as Technocratic Utopia

Jens Steffek
(Technical Univ. of Darmstadt) has published International Organization as Technocratic Utopia (Oxford Univ. Press 2021). Here's the abstract:

As climate change and a pandemic pose enormous challenges to humankind, the concept of expert governance gains new traction. This book revisits the idea that scientists, bureaucrats, and lawyers, rather than politicians or diplomats, should manage international relations. It shows that this technocratic approach has been a persistent theme in writings about international relations, both academic and policy-oriented, since the 19th century. The technocratic tradition of international thought unfolded in four phases, which were closely related to domestic processes of modernization and rationalization. The pioneering phase lasted from the Congress of Vienna to the First World War. In these years, philosophers, law scholars, and early social scientists began to combine internationalism and ideals of expert governance. Between the two world wars, a utopian period followed that was marked by visions of technocratic international organizations that would have overcome the principle of territoriality. In the third phase, from the 1940s to the 1960s, technocracy became the dominant paradigm of international institution-building. That paradigm began to disintegrate from the 1970s onwards, but important elements remain until the present day. The specific promise of technocratic internationalism is its ability to transform violent and unpredictable international politics into orderly and competent public administration. Such ideas also had political clout. This book shows how they left their mark on the League of Nations, the functional branches of the United Nations system and the European integration project.

New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 26, no. 2, Summer 2021) is out. Contents include:
  • Marten Zwanenburg, Keeping Camouflage Out of the Classroom: The Safe Schools Declaration and the Guidelines for Protecting Schools and Universities from Military Use During Armed Conflict
  • Dieter Fleck, The Interplay Between ‘Peacetime’ Law and the Law of Armed Conflict: Consequences for Post-Conflict Peacebuilding
  • Christopher P. Evans, Going, Going, Gone? Assessing Iran's Possible Grounds for Withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons
  • Nathan Derejko, A Forever War? Rethinking the Temporal Scope of Non-International Armed Conflict
  • Fikire Tinsae Birhane, Targeting of Children in Non-International Armed Conflicts
  • Solon Solomon, The Psychological Impact of Military Operations on Civilians and the UN Human Rights Committee Japalali Decision: Exploring Mental Anguish under a Vida Digna, Right to Life Prism
  • Neil McDonald & Anna McLeod, ‘Antisocial Behaviour, Unfriendly Relations’: Assessing the Contemporary Value of the Categories of Unfriendly Acts and Retorsion in International Law

Moyn: Humane: How the United States Abandoned Peace and Reinvented War

Samuel Moyn
(Yale Univ. - Law) has published Humane: How the United States Abandoned Peace and Reinvented War (Farrar, Straus and Giroux 2021). Here's the abstract:

In the years since 9/11, we have entered an age of endless war. With little debate or discussion, the United States carries out military operations around the globe. It hardly matters who’s president or whether liberals or conservatives operate the levers of power. The United States exercises dominion everywhere.

In Humane: How the United States Abandoned Peace and Reinvented War, Samuel Moyn asks a troubling but urgent question: What if efforts to make war more ethical—to ban torture and limit civilian casualties—have only shored up the military enterprise and made it sturdier? To advance this case, Moyn looks back at a century and a half of passionate arguments about the ethics of using force. In the nineteenth century, the founders of the Red Cross struggled mightily to make war less lethal even as they acknowledged its inevitability. Leo Tolstoy prominently opposed their efforts, reasoning that war needed to be abolished, not reformed—and over the subsequent century, a popular movement to abolish war flourished on both sides of the Atlantic. Eventually, however, reformers shifted their attention from opposing the crime of war to opposing war crimes, with fateful consequences.

The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its foundational assumptions went without serious challenge. These trends only accelerated during the Obama and Trump presidencies. Even as the two administrations spoke of American power and morality in radically different tones, they ushered in the second decade of the “forever” war.

Humane is the story of how America went off to fight and never came back, and how armed combat was transformed from an imperfect tool for resolving disputes into an integral component of the modern condition. As American wars have become more humane, they have also become endless. This provocative book argues that this development might not represent progress at all.

Sunday, September 5, 2021

New Issue: Humanity

The latest issue of Humanity (Vol. 12, no. 2, Summer 2021) is out. Contents include:
  • Sharif Youssef, Refugees and the Rise of the Novel: Trespass, Necessity, and Humanitarian Casuistry in the Long Refugee Crisis
  • Karin Loevy, The Balfour Declaration’s Territorial Landscape: Between Protection and Self-Determination
  • Yakov Feygin, Dreaming of a “New Planning”: Development and the Internationalization of Economic Thought in Late Soviet Reformist Politics
  • Anna Grimaldi, European Media Coverage of Brazil’s New Human Rights: 1964–1985
  • Benjamin P. Davis, The Promises of Standing Rock: Three Approaches to Human Rights
  • Ben Golder, Critiquing Human Rights

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. 20, no. 2, 2021) is out. Contents include:
  • Freya Baetens & Régis Bismuth, Face à Face: Interview with Angelika Nussberger – Professor and Former Judge and Vice-President of the European Court of Human Rights
  • Rebecca Brown, Invoking International Environmental Norms Through Treaty Interpretation
  • Katayoun Hosseinnejad, Rethinking the Meaning of Ordinary Meaning in Light of the ICJ’s Jurisprudence
  • Andrés Sarmiento Lamus & Rodrigo González Quintero, The Practice of Appending Declarations at International Courts and Tribunals
  • Kacper Zajac, The Rights of the Accused under the Rome Statute and the US Bill of Rights: Has 20 Years of ICC Jurisprudence Brought Those Together?
  • Yoshifumi Tanaka, Between the Law of the Sea and Sovereign Immunity: Reflections on the Jurisdiction of the Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case
  • Fernando Lusa Bordin, Procedural Developments at the International Court of Justice

Saturday, September 4, 2021

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 21, no. 5, 2021) is out. Contents include:
  • Special Issue: The Politics of Time, Transition, and Justice in Transitional Justice
    • Noha Aboueldahab, The Politics of Time, Transition, and Justice in Transitional Justice
    • Pádraig McAuliffe, Transitional Justice, Institutions and Temporality: Towards a Dynamic Understanding
    • Zinaida Miller, Temporal Governance: The Times of Transitional Justice
    • Thomas Obel Hansen, The Multiple Aspects of ‘Time’ Rendering Justice for War Crimes in Iraq
    • Randle C. DeFalco, Time and the Visibility of Slow Atrocity Violence
    • Maja Davidović, Reconciling Complexities of Time in Criminal Justice and Transitional Justice
    • Jayson S. Lamchek & George B. Radics, Dealing with the Past or Moving Forward? Transitional Justice, the Bangsamoro Peace Agreement and Federalism in the Philippines
    • Eric Wiebelhaus-Brahm & Dylan Wright, Temporal Patterns in Latin American Truth Commission Recommendation Formulation and Implementation

New Issue: Asia-Pacific Journal of Ocean Law and Policy

The latest issue of the Asia-Pacific Journal of Ocean Law and Policy (Vol. 6, no. 1, 2021) is out. Contents include:
  • Jeffrey Sheehy, Law and Diplomacy, Sovereignty and Consent: A Reflection on the First-Ever Compulsory Conciliation under the Law of the Sea
  • Karina Galliford, Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands: Implications of the South China Sea Arbitration and Subsequent State Practice
  • Hai Dang Vu, Improving the Freedom of Repairing Telecommunication Submarine Cables in Southeast Asia: Next Steps for ASEAN
  • Giulia Demontis, The Concept of Freedom of Navigation in Light of ITLOS Interpretation in the Norstar Case

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 36, no. 3, 2021) is out. Contents include:
  • Rob McLaughlin & Natalie Klein, Maritime Autonomous Vehicles and Drug Trafficking by Sea: Some Legal Issues
  • Shani Friedman, The Application of the Law of Occupation in Maritime Zones and Rights to ‘Occupied’ Marine Resources
  • So Yeon Kim, Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas
  • Shihui Cheng, Legal Guarantees for the Safety of China’s Offshore Oil and Gas Facilities: Status, Defects and Countermeasures
  • Chen-Hong Liu, Zhang Xu, & Yen-Chiang Chang, Coast Guard Law of the People’s Republic of China and Its Implications in International Law
  • Klaas Willaert, Under Pressure: The Impact of Invoking the Two Year Rule within the Context of Deep Sea Mining in the Area

Wednesday, September 1, 2021

Lee: The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations

Daniel Lee
(Univ. of California, Berkeley - Political Science) has published The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations (Oxford Univ. Press 2021). Here's the abstract:
Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations.

Conference: Sustainable Development and the Law: Potential and Challenges of Using Behavioural Insights

On September 23-24, 2021, the ESIL Interest Group on Social Sciences and International Law will host an online conference on "Sustainable Development and the Law: Potential and Challenges of Using Behavioural Insights." The program is here. Registration is here.

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 65, no. 9, October 2021) is out. Contents include:
  • Articles
    • Brandon Bolte, Minnie M. Joo, & Bumba Mukherjee, Security Consolidation in the Aftermath of Civil War: Explaining the Fates of Victorious Militias
    • Philippe Assouline & Robert Trager, Concessions for Concession’s Sake: Injustice, Indignation, and the Construction of Intractable Conflict in Israel–Palestine
    • Gary Uzonyi, Nam Kyu Kim, Nakissa Jahanbani, & Victor Asal, Genocide, Politicide, and the Prospects of Democratization since 1900
    • Bryan R. Early & Erik Gartzke, Spying from Space: Reconnaissance Satellites and Interstate Disputes
    • Nazli Avdan & Mariya Omelicheva, Human Trafficking-Terrorism Nexus: When Violent Non-State Actors Engage in the Modern-Day Slavery
  • Data Set Feature
    • Monica Duffy Toft, Getting Religion Right in Civil Wars

Tuesday, August 31, 2021

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

The 16th Conference of the European Society of International Law will take place September 9-11, 2021, in Stockholm. The format will be hybrid, with panelists present onsite at the conference venue, while other participants can follow onsite or online. The program is here. Registration is open here. The deadline for the on-site registration is September 3, while you can keep registering for the online conference until September 8. The day before the conference, on Wednesday, September 8, ESIL Interest Groups will hold workshops. The schedule and programs for those are here.

de Beco: Disability in International Human Rights Law

Gauthier de Beco
(Univ. of Huddersfield - Law) has published Disability in International Human Rights Law (Oxford Univ. Press 2021). Here's the abstract:

This book examines what international human rights law has gained from the new elements in the UN Convention on the Rights of Persons with Disabilities (CRPD). It explores how the CRPD is intricately bound up with other international instruments by studying the relationship between the Convention rights and those protected by other human rights treaties, as well as the overall objectives of the UN. Using a social model lens on disability, the book shows how the Convention sheds new light on the very notion of human rights.

The book provides a theoretical framework which explicitly integrates disability into international human rights law. It explains how the CRPD challenges the legal subject by drawing attention to distinct forms of embodiment, before introducing the idea of the 'dis-abled subject', which stems from a recognition that all individuals encounter disability-related issues during their lives. The book also shows how to apply this theoretical framework to several rights and highlights the consequences for the implementation of human rights treaties as a whole. It builds upon the literature of disability studies and legal and political theory, as well as drawing upon the recommendations of treaty bodies and reports of UN agencies and disabled people's organisations. This book thereby provides an agenda-setting analysis for all human rights experts, by showing the benefits of placing disabled people at the heart of international human rights law.

Monday, August 30, 2021

Peters: Constitutional Theories of International Organisations: Beyond the West

Anne Peters (Max Planck Institute for Comparative Public Law and International Law) has posted Constitutional Theories of International Organisations: Beyond the West. Here's the abstract:

The paper proposes revisions to the constitutional theory of international organisations in order to address the ‘imbalances in the global governance system’ mentioned in the 2021 Russian-Chinese Declaration on Global Governance and for inspiring legal building blocks for the desired ‘fairer, more democratic and rational multipolar world order’ mentioned therein.

The paper identifies successive waves of constitutional theories that have pursued different goals. The first generation constitutional vocabulary flourishing in the 1960s and 1970s worked to empower international organisations. But multilateral saturation and occasional organisational overreach triggered the quest for the containment and accountability of international organisations.

This phenomenon, which culminated in the 1990s and early millennium, motivated a second wave constitutional theory which - and in line with the political climate of the time - sought to apply the values of liberal constitutionalism (rule of law, human rights, and democracy) to international organisations.

Meanwhile, that second wave has turned out to be selective and one-sided. Shortcomings are a lopsided political-human-rightism, the neglect of social hardship and of stark material inequality of living conditions for individuals across the globe, the de facto or de jure exclusion of actors from the global south in the work of international organisations, and the weakness of institutionalised forums for contestation and dissent.

The paper sketches out a third variant of constitutional theory for international organisations in order to upscale and politicise the proto-democratic practices in their bodies, to rectify to the north-south imbalance that is inter alia rooted in the colonial heritage, and to tackle the global social question upfront.

Coco & de Souza Dias: 'Cyber Due Diligence': A Patchwork of Protective Obligations in International Law

Antonio Coco (Univ. of Essex - Law) & Talita de Souza Dias (Univ. of Oxford - Jesus College) have posted 'Cyber Due Diligence': A Patchwork of Protective Obligations in International Law (European Journal of International Law, forthcoming). Here's abstract:
With a long history in international law, the concept of due diligence has recently gained traction in the cyber context, as a promising avenue to hold states accountable for harmful cyber operations originating from, or transiting through, their territory, in the absence of attribution. Nonetheless, confusion surrounds the nature, content and scope of due diligence. It remains unclear whether it is a general principle of international law, a self-standing obligation or a standard of conduct, and whether there is a specific rule requiring diligent behaviour in cyberspace. This has created an ‘all-or-nothing’ discourse: either states have agreed to a rule or principle of ‘cyber due diligence’, or no obligation to behave diligently would exist in cyberspace. We propose to shift the debate from label to substance, asking whether states have duties to protect other states and individuals from cyber harms. By revisiting traditional cases, as well as surveying recent state practice, we contend that – whether or not there is consensus on ‘cyber due diligence’ – a patchwork of different protective obligations already applies, by default, in cyberspace. At their core is a flexible standard of diligent behaviour requiring states to take reasonable steps to prevent, halt and/or redress a range of online harms.

Hughes-Gerber: Diplomatic Asylum: Exploring a Legal Basis for the Practice Under General International Law

Laura Hughes-Gerber
(Lancaster Univ. - Law) has published Diplomatic Asylum: Exploring a Legal Basis for the Practice Under General International Law (Springer 2021). Here's the abstract:
Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.

Johnstone & Ratner: Talking International Law: Legal Argumentation Outside the Courtroom

Ian Johnstone
(Tufts Univ. - Fletcher School) & Steven Ratner (Univ. of Michigan - Law) have published Talking International Law: Legal Argumentation Outside the Courtroom (Oxford Univ. Press 2021). The table of contents is here. Here's the abstract:

Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property.

Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.

Wei: Decoding Chinese Bilateral Investment Treaties

Shen Wei
(Shanghai Jiao Tong Univ. - Law) has published Decoding Chinese Bilateral Investment Treaties (Cambridge Univ. Press 2021). Here's the abstract:
This is a major work investigating China's bilateral investment treaties (BITs) regime through various approaches including textual analysis, case study, comparative study and empirical study. This book tries to unveil some of the puzzles in Chinese BITs. The general consensus is that the evolution of China's BIT regime has its underlying logic, which follows an investment liberalization trend and fits China's changing role from a key capital-importing state to a major capital-exporting state. A similar trend is evident in Chinese BIT-making and BIT policy. This book investigates these theoretical assumptions and looks into some of the loopholes in Chinese BITs.

Sunday, August 29, 2021

New Volume: Recueil des Cours

Volume 418 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 418
    • Sylvain Bollée, Les pouvoirs inhérents des arbitres internationaux
    • Dire Tladi, The Extraterritorial Use of Force Against Non-State Actors

Mahaseth & Subramaniam: Binding or Non-Binding: Analysing the Nature of the Asean Agreements

Harsh Mahaseth (Jindal Global Law School) & Karthik Subramaniam (NALSAR Univ. of Law) have published Binding or Non-Binding: Analysing the Nature of the Asean Agreements (International and Comparative Law Review, Vol. 21, no. 1, June 2021). Here's the abstract:
ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues and situations has come under scrutiny. This paper argues that the reason behind such lack of clear decision making arises from the large presence of Soft Law nomenclature in ASEAN agreements, resulting in the lack of any Hard Law obligations on these nations. The paper attempts to highlight the lack of clarity in the nomenclature used in ASEAN agreements, the problems that arise from the same, and the possible reasoning behind the usage of such nomenclature. In conclusion, the paper provides a few solutions and recommendations that could be adopted by the ASEAN community of nations to estab-lish themselves as an economic community.

Dingwall: International Law and Corporate Actors in Deep Seabed Mining

Joanna Dingwall
(Univ. of Glasgow) has published International Law and Corporate Actors in Deep Seabed Mining (Oxford Univ. Press 2021). Here's the abstract:

The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection.

Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.

Imseis: On membership of the United Nations and the State of Palestine: A critical account

Ardi Imseis (Queen’s Univ., Canada - Law) has posted On membership of the United Nations and the State of Palestine: A critical account (Leiden Journal of International Law, forthcoming). Here's the abstract:
Against the context of pending judicial proceedings between the State of Palestine and the United States of America (US) at the International Court of Justice (ICJ), this article critically examines the United Nations (UN) commitment to the international rule of law through an examination of its consideration of Palestine’s 2011 application for membership in the organization. The universality of membership of the UN is a foundation upon which the organization rests. The international law governing UN admission has accordingly been marked by a liberal, flexible and permissive interpretation of the test for membership contained in the UN Charter. In contrast, an assessment of the UN’s consideration of Palestine’s application for membership demonstrates that it was subjected to an unduly narrow, strict and resultantly flawed application of the membership criteria. An examination of the contemporaneous debates of the Council demonstrates that the main driver of this was the US, which used its legal authority as a permanent member of the Council to block Palestine’s membership. The principle argument used against membership was the US’s view that Palestine does not qualify as a state under international law. Notwithstanding, the State of Palestine has been recognized by 139 member states of the UN and has acceded to a number of treaties that furnish it with access to the ICJ. While a number of articles have been written about Palestine’s statehood, little has been written on the UN’s consideration of Palestine’s 2011 application for membership. Palestine v. USA provides a renewed opportunity to do so.

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 37, no. 2, June 2021) is out. Contents include:
  • Articles
    • Rusty Park, Johnny Veeder QC 1948–2020 From the General Editor
    • Jack Beatson, The Final Chapter of the Demise of the Pure Absolute Doctrine of State Immunity in English Law: A Swedish vignette
    • Andrea K Bjorklund, Arbitration, the World Trade Organization, and the Creation of a Multilateral Investment Court
    • Rodman Bundy, Johnny Veeder and the Barcelona Traction Case
    • Lawrence Collins, Captain Duff, the Sultan of Kelantan and Their Legacy in the Law of State Immunity and International Arbitration
    • Toby Landau, Johnny Veeder QC: 14 December 1948–8 March 2020
    • Loretta Malintoppi, Don’t Shoot the Sheriff: the Threat of Legal Claims Against Arbitrators and Arbitral Institutions
    • Pierre Mayer, Must Justice be a Goal for the Arbitrator?
    • William W Park, Swords into Plowshares: A Pilgrimage for the CSS Alabama
    • Laurence Shore & Monique Sasson, A Tribute to Johnny Veeder
    • Audley Sheppard, The Lawyer's Duty to Arbitrate in Good Faith and with Civility
    • Ruth Teitelbaum, From Lena Goldfields to Crystallex: A Proposal For Collective Financing Of Sovereign Award Debt

David, Ronen, Shany, & Weiler: Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond

Joseph E. David
(Sapir Academic College), Yaël Ronen (Academic Center for Science and Law), Yuval Shany (Hebrew Univ. of Jerusalem - Law), & J.H.H. Weiler (New York Univ. - Law) have published Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond (Cambridge Univ. Press 2021). The table of contents is here. Here's the abstract:
This collection of essays is written by some of the world's leading experts in international human rights law, and corresponds to the main junctures in the professional life of Professor David Kretzmer, a leading human right academic and practitioner. The different essays focus on contemporary human rights protection challenges. They address conceptual problems such as differences between limits and restrictions, and application of human rights standards to businesses and international organisations; legal doctrinal responses to changing realities in the field of surveillance and identity politics; the weakness of monitoring institutions engaged in standard setting; and the practical difficulties in applying international human rights law to the Israeli-Palestinian conflict in a manner sensitive to gender dimensions and the particular political dynamics of the situation. Collectively, the essays offer a rich picture of the current potential shortcomings of international human rights law in addressing complex problems of law, politics and ethics.

New Volume: Recueil des Cours

Volume 417 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 417
    • Pierre d’Argent, Les obligations internationales
    • William A. Schabas, Relationships Between International Criminal Law and Other Branches of International Law

Brinsmead: Essential Interoperability Standards: Interfacing Intellectual Property and Competition in International Economic Law

Simon Brinsmead (Office of International Law, Attorney-General’s Department, Australia) has published Essential Interoperability Standards: Interfacing Intellectual Property and Competition in International Economic Law (Cambridge Univ. Press 2021). Here's the abstract:
A new international instrument is needed to address access to interoperability standards and standards-essential intellectual property, which are critical to maintaining technological advancement and promoting cost-effective solutions for consumers. Applying law and economics methodologies, Simon Brinsmead systematically explores how international and domestic law deals with these matters. This important book includes an examination of the technical and economic nature of interoperability standards; a detailed analysis of the issues arising under intellectual property and competition law; an analysis of whether liability or exclusive property rules should apply with respect to interoperability standards and SEIP; and consideration of feasible international approaches. Finally, Brinsmead includes a draft of his proposed international soft law instrument as a starting point for future discussions in the field. Of interest to lawyers, regulators and scholars, this work offers a meaningful contribution to international governance, harmonization of laws and technological advancement.

New Volume: Recueil des Cours

Volume 416 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 416
    • Rüdiger Wolfrum, Solidarity and Community Interests: Driving Forces for the Interpretation and Development of International Law; General Course on Public International Law

Mohan & Brown: The Asian Turn in Foreign Investment

Mahdev Mohan
(Google LLC) & Chester Brown (Univ. of Sydney - Law) have published The Asian Turn in Foreign Investment (Cambridge Univ. Press 2021). The table of contents is here. Here's the abstract:
This collection critically discusses the increasing significance of Asian States in the field of international investment law and policy. Consisting of contributions authored by a leading team of scholars and practitioners of international investment law, this volume contains analyses of both national and multilateral investment law rule-making in Asia, including a critical discussion of certain States' approaches to balancing the different tension between investment protection and the preservation of States' regulatory sovereignty. It also contains thematic chapters on cutting-edge developments which are of relevance to Asia as well as the global community, such as investors' obligations of due diligence, additional transparency in treaty-based investment arbitration responses by ASEAN member States to transboundary haze pollution, and the relevance of human rights obligations in international investment law. It also contemplates future possibilities for investor-State dispute settlement, including the use of investor-State mediation in view of the Singapore Convention on Mediation.

Saturday, August 28, 2021

Eckhardt & Wang: China's new generation trade agreements: Importing rules to lock in domestic reform?

Jappe Eckhardt (Univ. of York - Politics) & Hongyu Wang (Univ. of International Business and Economics - International Relations) have published China's new generation trade agreements: Importing rules to lock in domestic reform? (Regulation & Governance, Vol. 15, no. 3, July 2021). Here's the abstract:
Since the beginning of the 21st century we have witnessed a proliferation of Preferential Trade Agreements (PTAs) in Asia Pacific. China has been at the forefront of this development. Initially, China's PTAs were very shallow and mainly aimed at building friendly relationships with developing countries. However, over time, China has started to negotiate deeper PTAs with developing and developed countries alike. This notable shift has thus far been understood to result from four broad motivations: China's desire to access key export markets; the facilitation of regional production networks; to address resource security concerns; and/or to further geostrategic interests and political influence. We propose that these motives are not sufficient to fully account for China's new generation trade agreements. We suggest that China is increasing its integration into the world economy to push for domestic marketization and reform by credibly committing to trade liberalization through PTAs. Deep and comprehensive PTAs oblige a country to follow a set of rules that leave little leeway to violate the terms. In order to successfully implement and enforce PTA commitments, China has also gradually strengthened its regulatory state by investing in regulatory capacity and capability in the field of trade policy. We test the plausibility of our argument through an in-depth analysis of the PTAs signed by China since 2000 and find evidence that China's PTAs are indeed in part driven by a desire to lock in domestic economic reform, which has gone hand in hand with a strengthening of its regulatory state.

Leal-Arcas: Climate Clubs for a Sustainable Future: The Role of International Trade and Investment Law

Rafael Leal-Arcas
(Queen Mary Univ. of London - Law) has published Climate Clubs for a Sustainable Future: The Role of International Trade and Investment Law (Wolters Kluwer 2021). Here's the abstract:
Climate Clubs for a Sustainable Future, a revolutionary book by one of the world’s foremost authorities on international economic law, delves deep into the role of international trade and investment law and explains how free trade agreements and bilateral investment treaties can be used as a powerful tool to help alleviate climate change. The science, economics as well as the law of climate change are known to us. Nonetheless, what is not known to us is how countries may join hands to cooperate on climate change mitigation. In this vein, the role of international trade in climate change, although globally recognized, is not well understood.

Kolla: The COVID Passport Quandary

Edward Kolla has posted an ASIL Insight on The COVID Passport Quandary.

New Issue: Security Studies

The latest issue of Security Studies (Vol. 30, no. 3, 2021) is out. Contents include:
  • Michael Poznansky, The Psychology of Overt and Covert Intervention
  • Max Z. Margulies, Patrons and Personnel: The Foreign Determinants of Military Recruitment Policies
  • Gadi Heimann, Deganit Paikowsky & Nadav Kedem, Partnership in Leadership: Why and How Do Leading Powers Extend Managerial Privileges to Junior Partners?
  • Seanon S. Wong, Who Blinked? Performing Resolve (or Lack Thereof) in Face-to-Face Diplomacy
  • Colin Tucker, The Effect of Aerial Bombardment on Insurgent Civilian Victimization

Foster: Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence

Caroline E. Foster
(Univ. of Auckland - Law) has published Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence (Oxford Univ. Press 2021). Here's the abstract:

Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era.

However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

Greenman: State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution

Kathryn Greenman
(Univ. of Technology Sydney - Law) has published State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution (Cambridge Univ. Press 2021). Here's the abstract:
This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.

Friday, August 27, 2021

St John: Three Conceptions of Sovereignty in Investment Law

Taylor St John (Univ. of St Andrews - International Relations) has posted Three Conceptions of Sovereignty in Investment Law (in Sovereignty in a Global Perspective, Christopher Smith, ed., forthcoming). Here's the abstract:
Contemporary investment law is often depicted as a field in which transnational corporations and other private actors float freely above territorially-bound, constrained states. Investment law epitomises fears about the erosion of sovereignty in these depictions. Yet sovereignty is a concept with layers of meaning and a loss of policymaking autonomy, while important, is only one story of sovereignty in investment law. This chapter draws out three conceptions of sovereignty and how they manifest to officials negotiating investment law reform at the United Nations today. The first conception is sovereignty as control, as supreme authority within a defined territory. Concerns that investment law has eroded the ability of states to make policy fit here. The second conception is sovereignty as eligibility, as recognition that a government is eligible to participate in intergovernmental deliberations. Recognised states are the only actors eligible to participate in investment law reform at the United Nations. The third conception is sovereignty as capability, as being able to participate meaningfully in intergovernmental deliberations. While all governments are eligible, their actual participation in reform varies. In investment law, the persistence of sovereignty serves as a bridge to enduring questions about who should participate in rulemaking.

Thursday, August 26, 2021

Schabas: The Customary International Law of Human Rights

William A. Schabas
(Middlesex Univ. London - Law) has published The Customary International Law of Human Rights (Oxford Univ. Press 2021). Here's the abstract:

Customary international law is one of the principal sources of public international law. Although its existence is uncontroversial, until now the content of customary international law in the area of human rights has not been analyzed in a comprehensive manner. This book, from one of international law's foremost scholars and practitioners, provides an unparalleled account of the customary international law of human rights. It discusses the emergence of this customary law, the debates about how it is to be identified, and the efforts at formulation of customary norms. In doing so, the book provides a useful and accessible introduction to the content of international human rights.

The author uses the Universal Declaration of Human Rights as a basis to examine human rights norms, and determine whether they may be described as customary. He makes use of relatively new sources of evidence of the two elements for the identification of custom: State practice and opinio juris. In particular, the book draws on the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council. The book concludes that a large number of human rights norms may indeed be described as customary in nature, and that courts should make greater use of custom as a source of international law.

Hartmann & Khaliq: The Achievements of International Law: Essays in Honour of Robin Churchill

Jacques Hartmann
(Univ. of Dundee - Law) & Urfan Khaliq (Cardiff Univ. - Law) have published The Achievements of International Law: Essays in Honour of Robin Churchill (Hart Publishing 2021). The table of contents is here. Here's the abstract:

The aim of this collection of essays in Robin Churchill's honour is to discuss some key examples of the achievements of international law – with the express aim of exploring both what it has achieved and also its limits. This will serve as a response to the two popular but opposite misconceptions about the role of international law. One view is that international law is too weak to improve the World in any significant way. The other view is that international law is a panacea that can be used to rid the world of many of its ills.

The book is divided into four distinct parts, each reflecting on what international law has achieved within broadly defined substantive areas. It opens with a discussion on general international law and international human rights law, before exploring the law of the sea and fisheries. It then looks at international environmental law before finally examining the use of force and international criminal law. The chapters and the collection overall will provide a contrast to the popular misconceptions about international law by offering examples of both the success and also limitations of it as a system.

Koskenniemi: To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300–1870

Martti Koskenniemi
(Univ. of Helsinki - Law) has published To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300–1870 (Cambridge Univ. Press 2021). Here's the abstract:
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property.

Wednesday, August 25, 2021

New Issue: London Review of International Law

The latest issue of the London Review of International Law (Vol. 9, no. 1, March 2021) is out. Contents include:
  • Articles
    • Carl Landauer, The Polish Rider: CH Alexandrowicz and the reorientation of international law, Part II: declension and the promise of renewal
    • Claerwen O’Hara, Consensus decision-making and democratic discourse in the General Agreement on Tariffs and Trade 1947 and World Trade Organisation
    • Anne Neylon, The museum and the border: the Merseyside Maritime Museum and the construction of the migrant and refugee
    • Ingo Venzke, The law of the global economy and the spectre of inequality
  • Section Three
    • Tor Krever, A life in human rights: a conversation with Dennis Davis

Wu: Law and Politics on Export Restrictions: WTO and Beyond

Chien-Huei Wu
(Academia Sinica) has published Law and Politics on Export Restrictions: WTO and Beyond (Cambridge Univ. Press 2021). Here’s the abstract:
Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.

Tuesday, August 24, 2021

Aust & Nijman: Research Handbook on International Law and Cities

Helmut Philipp Aust
(Freie Universität Berlin - Law) & Janne E. Nijman (Univ. of Amsterdam - Law; Graduate Institute - Law) have published Research Handbook on International Law and Cities (Edward Elgar Publishing 2021). Contents include:
  • Helmut Philipp Aust & Janne E. Nijman, The emerging roles of cities in international law – introductory remarks on practice, scholarship and the Handbook
  • Valerie Hansen, Silk Road cities and their co-existing legal traditions
  • Tobias Boestad, Legitimizing interurban cooperation in the Middle Ages: the legal system of the Hanse
  • Susanne Lepsius, The legal system among Italian city republics
  • Luigi Nuzzo, Cities and international law: an imperial perspective
  • Mirko Sossai, Invisibility of cities in classical international law
  • Luis Eslava & George Hill, Cities, post-coloniality and international law
  • Boris Vormann, Global city networks and the nation-state: rethinking a false tradeoff
  • Yishai Blank, International legal personality/subjectivity of cities
  • Yukiko Takashiba, Sources and law-making
  • Katja Creutz, Responsibility
  • Moritz Baumgärtel, Dispute settlement
  • Jacob Katz Cogan, International organizations and cities
  • Anouche Beaudouin, Sovereignty
  • Anél du Plessis, Climate change law and sustainable development
  • Jolene Lin, The role of transnational city networks in environmental governance
  • Alejandro Rodiles, The global insecure counterterrorism city
  • Martha F. Davis, Finding international law ‘close to home’: the case of human rights cities
  • Barbara Oomen, Cities, refugees and migration
  • Michael Riegner, Development cooperation and the city
  • Christian Iaione & Elena de Nictolis, The role of cities in the global governance of health
  • Jorge E. Viñuales & Lucy Lu Reimers, The law of economic globalization and cities
  • Antoine Duval, From global city to Olympic city: the transnational legal journey of London 2012
  • Mauricio Rodas, City diplomacy: experience from the ground
  • Simon Curtis, An international relations perspective
  • Nir Barak & Avner de Shalit, Urbanizing political concepts for analyzing politics in the city
  • Samantha Besson & José Luis Martí, Cities as democratic representatives in international law-making
  • Louis J. Kotzé, Cities, the Anthropocene and earth system law
  • Sheila R. Foster & Chrystie Swiney, City networks and the glocalization of urban governance
  • Geneviève Cartier, The relationship between the state and the city from a comparative (constitutional) perspective
  • Carlo M. Colombo & Martijn L.P. Groenleer, How domestic legal systems respond to international local government law: between accommodation, resistance and transformation
  • Edouard Fromageau, Global administrative law and cities: the perfect couple that never was
  • Jan Klabbers, Inter-legality, cities and the changing nature of authority
  • Daniel Litwin, International lawyers and the city
  • Karen Knop, The hidden city in international legal thought

Monday, August 23, 2021

Kotzé & Soyapi: African Courts and Principles of International Environmental Law: A Kenyan and South African Case Study

Louis J Kotzé (North-West Univ. - Law) & Caiphas B Soyapi (North-West Univ. - Law) have published African Courts and Principles of International Environmental Law: A Kenyan and South African Case Study (Journal of Environmental Law, Vol. 33, no. 2, pp. 257–282, March 2021). Here's the abstract:
Scholarship increasingly reveals the distinct interplay between international environmental law and domestic legal systems, and the important role of courts the world over in fleshing out this relationship. Africa, however, seems to be underrepresented in these discussions, despite its being a key stakeholder in the development of international environmental law. As a contribution to this debate, we offer here an analysis of the relationship between international environmental law and domestic African legal systems, by focusing on how domestic courts in Kenya and South Africa have been engaging with the precautionary principle, the principle of public participation and the principle of sustainable development. Our analysis of a range of judgments shows that these courts have been exceptionally innovative in their growing support of these principles that they seem to embrace in their efforts to strengthen domestic environmental protection and to contribute to a nascent transnational judicial dialogue.

New Issue: Business and Human Rights Journal

The latest issue of the Business and Human Rights Journal (Vol. 6, no. 2, June 2021) is out. Contents include:
  • Special Issue: BHR Landscape after 10 years of the UNGPs: An Assessment
    • John Gerard Ruggie, Caroline Rees, & Rachel Davis, Ten Years After: From UN Guiding Principles to Multi-Fiduciary Obligations
    • Nicola Jägers, UN Guiding Principles at 10: Permeating Narratives or Yet Another Silo?
    • Peter Muchlinski, The Impact of the UN Guiding Principles on Business Attitudes to Observing Human Rights
    • Andreas Rasche & Sandra Waddock, The UN Guiding Principles on Business and Human Rights: Implications for Corporate Social Responsibility Research
    • Gabriela Quijano & Carlos Lopez, Rise of Mandatory Human Rights Due Diligence: A Beacon of Hope or a Double-Edged Sword?
    • Richard Meeran, Multinational Human Rights Litigation in the UK: A Retrospective
    • Charles Abrahams, The South African Experience: Litigating Remedies
    • Vasanthi Srinivasan & Parvathy Venkatachalam, A Decade of the UNGPs in India: Progressive Policy Shifts, Contested Implementation
    • Anita Ramasastry, Advisors or Enablers? Bringing Professional Service Providers into the Guiding Principles’ Fold
    • Florian Wettstein, Betting on the Wrong (Trojan) Horse: CSR and the Implementation of the UN Guiding Principles on Business and Human Rights
    • Michael A. Santoro, Why the United Nations is Not the Ideal Forum for Business and Human Rights: The UNGPs and the Right to COVID-19 Vaccine Access in the Global South
    • Surya Deva, The UN Guiding Principles’ Orbit and Other Regulatory Regimes in the Business and Human Rights Universe: Managing the Interface
  • Developments in the Field
    • Teresa Scassa, Pandemic Innovation: The Private Sector and the Development of Contact-Tracing and Exposure Notification Apps
    • Lorenzo Cotula, EU–China Comprehensive Agreement on Investment: An Appraisal of its Sustainable Development Section
    • Lucas Roorda & Daniel Leader, Okpabi v Shell and Four Nigerian Farmers v Shell: Parent Company Liability Back in Court
    • Anirudha Nagar, The Juukan Gorge Incident: Key Lessons on Free, Prior and Informed Consent
    • Ruwan Subasinghe, A Neatly Engineered Stalemate: A Review of the Sixth Session of Negotiations on a Treaty on Business and Human Rights
    • Francesca Farrington, Municipio de Mariana v BHP Group: Implications of the UK High Court’s Decision

Sunday, August 22, 2021

Tan: The Rome Statute as Evidence of Customary International Law

Yudan Tan
(Soochow Univ.) has published The Rome Statute as Evidence of Customary International Law (Brill | Nijhoff 2021). Here's the abstract:
In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law. The 1998 Rome Statute has generated a great deal of scholarly interest. Providing a novel way of analysing the treaty-custom interactions, Yudan Tan examines the customary status of essential parts of the Rome Statute. Based on a flexible two-element identification approach, focusing more on opinio juris, Yudan Tan convincingly argues that provisions of the Rome Statute were partly declaratory of custom when adopted in 1998, and that they are also partly declaratory of custom at the present time.

Guymon: Digest of United States Practice in International Law, 2020

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2020.

Strobel: Organized Crime and International Criminal Law: History, lex lata and Developments de lege ferenda

Kathrin Strobel
has published Organized Crime and International Criminal Law: History, lex lata and Developments de lege ferenda (Brill | Nijhoff 2021). Here's the abstract:

This book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, Strobel draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions.

Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.

Baranowska: Rights of Families of Disappeared Persons: How International Bodies Address the Needs of Families of Disappeared Persons in Europe

Grazyna Baranowska
(Polish Academy of Sciences) has published Rights of Families of Disappeared Persons: How International Bodies Address the Needs of Families of Disappeared Persons in Europe (Intersentia 2021). Here's the abstract:

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons. The needs in question are returning the remains of disappeared persons; the right to truth; the acceptance of responsibility by states; and the right to compensation. These have been identified as the four most commonly shared basic and fundamental needs of families in which an adult was disappeared many years previously and is now assumed to be dead, which is representative of the situation of the vast majority of families of disappeared persons in Europe.

The analysis covers the judgments and decisions of the European Court of Human Rights, the UN Human Rights Committee, the International Criminal Tribunal for the former Yugoslavia, the Human Rights Chamber for Bosnia and Herzegovina, the Human Rights Advisory Panel in Kosovo, as well as the activities of the Committee on Missing Persons in Cyprus, the Special Process on Missing Persons in the Territory of former Yugoslavia, the UN Committee on Enforced Disappearances and the International Commission on Missing Persons. In so doing, the book demonstrates whether, how, and based on what principles these four needs of the families of disappeared persons can constitute a claim based on international human rights law.

New Volume: Asian Yearbook of Human Rights and Humanitarian Law

The latest volume of the Asian Yearbook of Human Rights and Humanitarian Law (Vol. 5, 2021) is out. Contents include:
  • Part 1 Focused Theme - Law, Culture and Human Rights in Asia and the Middle East
    • Francesca Sironi De Gregorio, Heritage Destruction in Syria and Northern Iraq: Which is the Applicable Law?
    • Barbora Dmitričenko & Layla Hashemi, Countering Online Antiquities Trafficking Networks Financing Terrorism in Syria and Iraq
    • Allison McClelland, International Law and the Protection of Cultural Property in Non-International Armed Conflict: Applicability to Non-State Armed Groups in the Syrian Conflict
    • Julia Emtseva, Destruction and Looting of Cultural Property in Yemen’s Civil War: Legal Implications and Methods of Prevention
    • Seán Fobbe, Natia Navrouzov, Kristen Hopper, Ahmed Khudida Burjus, Graham Philip, Maher G Nawaf, Daniel Lawrence, Helen Walasek, Sara Birjandian, Majid Hassan Ali, Salim Rashidani, Hassan Salih, Dawood Sulaiman Qari, & Faris Mishko, Cultural Heritage Destruction during the Islamic State’s Genocide against the Yazidis
    • Simona Novaretti, Trust(s) ‘with Chinese Characteristics’ and Cultural Heritage Protection in the People’s Republic of China
    • Sofia Poulopoulou, Implementing the Obligation to Return Illicitly Exported Cultural Property to the Authorities of an Occupied Territory: Who Bears the Responsibility?
    • Elena Perez-Alvaro, Human Rights and Underwater Cultural Heritage: Migrant Shipwrecks
    • Beatriz Barreiro Carril, Amin Maalouf and the Value of Cultural Diversity for Universal Cultural Rights in International Law: Lessons from the Levant
  • Part 2 General Articles
    • Helen Liebling & Hazel Barrett, Social Enterprise Groups for South Sudanese Refugee Survivors of Sexual and Gender-Based Violence and Torture Living in Settlements in Northern Uganda
    • Alice Lopes Fabris, The Practice of Asian States Implementing the Principle for Protection of Monuments and Works of Art before World War I
    • D.D. Agusman, A. Afriansyah, & I. Fadilah, Debunking the Pandora Box of Decolonisation: An Inquiry into Papuan Separatism from the Lens of International Law
    • Jing Min Tan and Alec Thompson, Moving Past Postcolonial: Rethinking Indigeneity and Self-determination in Southeast Asia
  • Part 3 Developments in State Practice
    • Vrinda Narain, Reconciling Constitutional Law, Gender Equality and Religious Difference: Lessons from Shayara Bano, India’s Triple Talaq Decision
    • Niloufar Omidi, Cultural Legitimacy Lost Through the Denial of Cultural Rights within a Multicultural Context: The Case of the Islamic Republic of Iran
    • Tahirih T. Danesh, Character Education and Cultural Rights: The Case of Minorities in Iran
    • Zia Ullah Ranjah, Protecting Environment through Judicial Activism in Pakistan and India
    • Makoto Shimada, Repatriation of Ainu Human Remains Excavated in Graveyards: Possible Solution under the Civil Code of Japan

Saturday, August 21, 2021

Conference: The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law

On September 9-11, 2021, the Max Planck Institute for Comparative and International Private Law will host a conference in a hybrid format on "The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law." Registration is here.

New Issue: International Environmental Agreements: Politics, Law and Economics

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 21, no. 3, September 2021) is out. Contents include:
  • Tianbao Qin, The evolution and challenges in China’s implementation of the Convention on Biological Diversity: a new analytical framework
  • Gulzhazira Ilyassova, Aigul Nukusheva, Leila Arenova, Guldana Karzhassova, & Marzhangul Akimzhanova, Prospects of legal regulation in the field of electronic waste management in the context of a circular economy
  • Artem Anyshchenko & Jennifer Yarnold, From ‘mad cow’ crisis to synthetic biology: challenges to EU regulation of GMOs beyond the European context
  • Achim Hagen, Juan-Carlos Altamirano-Cabrera, & Hans-Peter Weikard, National political pressure groups and the stability of international environmental agreements
  • Ted Gleason, Examining host-State counterclaims for environmental damage in investor-State dispute settlement from human rights and transnational public policy perspectives
  • Harilaos N. Psaraftis & Thalis Zis, Impact assessment of a mandatory operational goal-based short-term measure to reduce GHG emissions from ships: the LDC/SIDS case study
  • Salpie S. Djoundourian, Response of the Arab world to climate change challenges and the Paris agreement
  • Tiziano Distefano & Simone D’Alessandro, A new two-nested-game approach: linking micro- and macro-scales in international environmental agreements
  • Ewa Krogulec, Jacek Gurwin, & Mirosław Wąsik, Cost of groundwater protection: major groundwater basin protection zones in Poland
  • Klaudijo Klaser, Lorenzo Sacconi, & Marco Faillo, John Rawls and compliance to climate change agreements: insights from a laboratory experiment

Ali: Transnational Dispute Settlement Norms: Soft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific

Shahla F. Ali
(Univ. of Hong Kong - Law) has published Forming Transnational Dispute Settlement Norms: Soft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific (Edward Elgar Publishing 2021). Here's the abstract:

This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

Shahla F. Ali analyses survey data, in-depth case studies and UNCITRAL participation records to provide a comprehensive view of the contributions of Asia Pacific states in the development and refinement of UNCITRAL dispute settlement instruments. She argues that this has corresponded with the emergence of a new form of decentralized transnational legal ordering, advancing representation and legal innovation at both regional and global levels. The book concludes that these findings support the expansion of regional centres in areas with historically limited representation in global law making.

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 35, no. 2, Summer 2021) is out. Contents include:
  • Roundtable: The Responsibility to Protect in a Changing World Order
    • Michael Ignatieff, The Responsibility to Protect in a Changing World Order: Twenty Years since Its Inception
    • Adrian Gallagher & Nicholas J. Wheeler, Trust or Perish? The Responsibility to Protect and Use of Force in a Changing World Order
    • Cristina G. Stefan, The Responsibility to Protect: Locating Norm Entrepreneurship
    • Luke Glanville & James Pattison, Where to Protect? Prioritization and the Responsibility to Protect
    • Jennifer M. Welsh, The Security Council's Role in Fulfilling the Responsibility to Protect
  • Features
    • Daniele Amoroso & Guglielmo Tamburrini, Toward a Normative Model of Meaningful Human Control over Weapons Systems
    • Patricia Goff, Inclusive Trade: Justice, Innovation, or More of the Same?
  • Review Essay
    • Andrea C. Simonelli, Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 25, no. 7, 2021) is out. Contents include:
  • Special Issue: Echoes from the Woods: At the Crossroads of Forest Struggles and Human Rights in Postcolonial India
    • Rahul Ranjan & Prakash Kashwan, Echoes from the woods: at the crossroads of forest struggles and human rights in postcolonial India
    • Anjana Singh, State, forest and Adivasis at crossroads: Netarhat field firing range and contestations over rights
    • Eva Davidsdottir, Our rights are carved in stone: the case of the Pathalgadi movement in Simdega, Jharkhand
    • Shaunna Rodrigues, Excluded Areas as the limit of the political: the murky boundaries of Scheduled Areas in India
    • Arpitha Kodiveri, Our land is banked: forest rights, consent and the invention of a legal exception as land banks
    • Gunjan Wadhwa, (Un)Doing rights: Adivasi participation in governance discourses in an area of civil unrest in India
    • Prakash Kashwan, Ishan Kukreti & Rahul Ranjan, The UN declaration on the rights of peasants, national policies, and forestland rights of India’s Adivasis

Arato: The Elastic Corporate Form in International Law

Julian Arato (Brooklyn Law School) has posted The Elastic Corporate Form in International Law (Virginia Journal of International Law, forthcoming). Here's the abstract:

The modern corporate form is marked by a set of basic hallmarks across national legal systems — such as separate personality, limited liability, and managerial control. These basic features are central to the success of the corporation as a vehicle for efficiently organizing capital at scale and managing risk. And their commonality across legal orders makes the corporate form reliable for stakeholders across borders, including owners, creditors, and governments. These features explain the prevalence of corporations in cross-border investment projects.

Yet in international law, the corporate form has begun to break down. This has been most surprising and impactful in the law of foreign investment, where one would expect the stability and efficiency of corporate formalities to matter most. The prime driver is investor-state dispute settlement (ISDS), a treaty-based system which allows corporate investors to sue sovereign states in independent and highly enforceable international arbitration. ISDS tribunals have varied wildly in their respect for basic corporate formalities. The cases exhibit a plasticity in the corporate form that undermines the basic expectations of, and relationships among, all stakeholders — with costs for shareholders, management, creditors, governments and peoples.

This Article makes four main contributions. First, it identifies a fundamental but overlooked elasticity in how international law grapples with corporate law. Second, I show how this distorts the corporate form, with inefficient and unfair consequences. Ex ante, it drives up the costs of doing business for all concerned — the opposite of what investment treaties are designed to achieve. Ex post, it tends to allow a privileged class to secure more than they paid for. Third, I offer a coherent, if troubling, account of ISDS’ inconsistent formalism. The pattern of cases cannot be explained doctrinally or functionally. The best account is rather an ex post story of tribunals consistently expanding claimants’ access to arbitration — at the expense of investors’ and states’ ex ante interests in enhancing transactional efficiency. Finally, I argue that this account points toward a broader divergence between the stated purposes of ISDS and its practical functions. This regime is regularly pitched as a vehicle for promoting efficient investment, but this goal has been gradually subordinated to concerns of expanding (privileged) access to justice through claims to damages. From the perspective of international law, the basic structure of the corporate form is being sacrificed at the altar of investors’ private right of action.

Friday, August 20, 2021

Hsieh: Shaping New Interregionalism: The EU-Singapore Free Trade Agreement and Beyond

Pasha L. Hsieh (Singapore Management Univ. - Law) has posted Shaping New Interregionalism: The EU-Singapore Free Trade Agreement and Beyond (Leiden Journal of International Law, forthcoming). Here's the abstract:
The article examines the theoretical concept of interregionalism in the context of the evolving framework between the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). As the EU’s first free trade agreement (FTA) with an ASEAN country, the EU-Singapore FTA is a pathfinder agreement that signifies a new phase of interregionalism and the EU’s new Asia strategy after the Treaty of Lisbon. The article argues that the innovative designs of the EU-Singapore FTA will shape the normative development of EU-ASEAN relations in the post-pandemic era. It also cautions that a comparative analysis of EU and US agreements reveals deficiencies in the FTA that requires remedies. To buttress the contention, key provisions on ASEAN cumulative rules of origin, banking and legal services and non-tariff barriers are analyzed in light of contemporary Asian agreements. The research further provides insight into the effectiveness of new-generation rules on geographical indications, competition, and investor-state arbitration and mediation. Hence, the findings contribute to the understanding of interregionalism and the EU’s Asia-Pacific trade and investment agreements from global and interdisciplinary perspectives.

Gathii & Puig: The West and the Unraveling of the Economic World Order: Thoughts from a Global South Perspective

James Thuo Gathii (Loyola Univ. Chicago - Law) & Sergio Puig (Univ. of Arizona - Law) have posted The West and the Unraveling of the Economic World Order: Thoughts from a Global South Perspective (in Is the International Legal Order Unraveling?, David L. Sloss ed., forthcoming). Here's the abstract:
The disenchantment with the current international economic order is real and it is not new; the problems lie deep. We need an inclusive and legitimate way to eliminate the inequities built within the global economic order. Resolving these structural issues will require unprecedented reforms that make international economic law more equitable and democratic and address its racist origins. For that reason, we depart from the proposal in David Sloss’s introduction to this book to the extent it is predicated on preserving “a rules-based international order that is consistent with liberal, democratic values.” We propose instead a deeper engagement with the legacies of colonial dispossession and postcolonial exploitation of the Global South that lie at the heart of the current global economic order. That deeper engagement can provide a foundation for a more profound and progressive transformation of international economic law.