New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 91, no. 2, 2022) is out. Contents include:

• Peter Hilpold, ‘Humanizing’ the Law of Self-Determination – the Chagos Island Case
• Tom Sparks, Reassessing State Consent to Jurisdiction: The Indispensable Third Party Principle before the ICJ
• Katariina Särkänne, Agreement for the Termination of the Intra-EU BITs: Breaking the Stalemate, But Not Quite There Yet?
• Ergun Cakal, Assessing (and Making Sense of) Severity: Conceptualising and Contextualising Torture’s Core
• Joanna Mazur & Magdalena Słok-Wódkowska, Access to Information and Data in International Law: How to Find a Path Forward from Human Rights-Oriented and Market-Oriented Approach?

Workshop: International Law and Agent-based Modeling

On May 24, 2022, an online workshop will be held on "International Law and Agent-based Modeling" as part of Social Simiulation Fest. Details are here.

Call for Papers: Mapping Behaviour of States in International Relations and International Law

A call for papers has been issued for a special track on "Mapping Behaviour of States in International Relations and International Law" at the Social Simulation Conference 2022, to take place September 12-16, in Milan and online. The call is here.

New Issue: La Comunità Internazionale

The latest issue of La Comunità Internazionale (Vol. 77, no. 1, 2022) is out. Contents include:

• Articoli e Saggi
• Víctor Luis Gutiérrez Castillo, Relationship Between International Law and Domestic Law: A Critical Analysis of the Spanish Legal System in the Light of the Monist Theory
• Raffaele Coppola & Carmela Ventrella, Verso un nuovo assetto internazionale sul piano economico-finanziario: la posizione della Santa Sede
• Annamaria Viterbo, The 2021 IMF Allocation of Special Drawing Rights: Opportunities and Legal Constraints
• Pierfrancesco Rossi, Status internazionale della Santa Sede e categorie della statualità
• Osservatorio Diritti Umani
• Antonino Alì, La sorveglianza elettronica su vasta scala per finalità di intelligence nella giurisprudenza della Corte europea dei diritti dell’uomo
• Anna Liguori, Cambiamento climatico e diritti umani dinanzi al Comitato dei diritti del fanciullo

New Issue: Journal on the Use of Force and International Law

The latest issue of the Journal on the Use of Force and International Law (Vol. 9, no. 1, 2022) is out. Contents include:

• Editorial
• James A. Green, Christian Henderson & Tom Ruys, Russia’s attack on Ukraine and the jus ad bellum
• Symposium: old wine in new bottles? – US President Biden’s first encounter with the jus ad bellum
• Mary Ellen O’Connell, Forever air wars and the lawful purpose of self-defence
• Christian Henderson, The 25 February 2021 military strikes and the ‘armed attack’ requirement of self-defence: from ‘sina qua non’ to the point of vanishing?
• Chris O’Meara, February 2021 American airstrikes in Syria: necessary and proportionate acts of self-defence or unlawful armed reprisals?
• Articles
• Frédéric Mégret & Chiara Redaelli, The crime of aggression as a violation of the rights of one’s own population
• Marko Svicevic, Collective self-defence or regional enforcement action: the legality of a SADC intervention in Cabo Delgado and the question of Mozambican consent

Symposium: The Evolving Face of Cyber Conflict and International Law: A Futurespective

On June 15-17, 2022, the American University Washington College of Law will host an in-person symposium on "The Evolving Face of Cyber Conflict and International Law: A Futurespective." Program and registration are here.

Caballero & Londoño: Redefining Development: The Extraordinary Genesis of the Sustainable Development Goals

Paula Caballero & Patti Londoño have published Redefining Development: The Extraordinary Genesis of the Sustainable Development Goals (Lynne Rienner Publishers 2022). Here's the abstract:

This extraordinary first-person story of what can be achieved through informal diplomacy traces the improbably successful struggle to achieve acceptance of the Sustainable Development Goals (SDGs)—and thus transform the global development agenda—against all odds. Moving from the framing of the SDGs concept through the entire negotiation process (including a trove of key documents), Paula Caballero and Patti Londoño's vibrant narrative provides rare insight into informal diplomacy and multilateralism in action. Their insiders' account provides a unique perspective on how global movements and agendas can be built and impelled forward. Not least, it also serves to prove that just a few committed individuals can generate radical change.

Hepburn: The International Extension of Denial of Justice

Jarrod Hepburn (Univ. of Melbourne - Law) has posted The International Extension of Denial of Justice (Modern Law Review, forthcoming) Here's the abstract:

Denial of justice arises under customary international law when states prevent foreigners from accessing domestic courts. Certain states, scholars and arbitrators have maintained that an extension of the rule against denial of justice applies when states prevent access to international courts or tribunals. If correct, this extension would impose a significant control on states’ engagement with international adjudication. However, this article contends that the international extension of denial of justice is unsupported on any account of custom. A state's interference with international adjudication might be treated as ineffective, or it might breach the instrument containing the state's consent to the international claim. But this article argues that it does not, and should not, also breach the customary rule on denial of justice. The article therefore aims to clarify both the customary law in this area and the actual and desirable extent of states’ autonomy in their engagement with international adjudication.

Call for Papers: Non-use measures for global goods and commons in international law

The Netherlands Institute for the Law of the Sea and the Utrecht Center for Water, Oceans and Sustainability Law of Utrecht University, in collaboration with the Royal Netherlands Institute for Sea Research, have issued a call for papers for a workshop on “Non-use measures for global goods and commons in international law,” which will take place May 8-9, 2023, in Utrecht. The call is here.

New Podcast Episodes: "Hablemos de Derecho Internacional"

Hablemos de Derecho Internacional – The International Legal Podcast recently added the following episodes in Spanish:

• Juan Nascimbene - Órgano de Solución de Diferencias de la Organización Mundial del Comercio
• León Castellanos Jankiewicz - México vs. Smith & Wesson
• Antonio Remiro Brotóns - Ucrania: Epítome del Desorden Internacional
• Jorge Francisco Aguirre Sala - La Democracia Electrónica
• Silvia Gagliardi - Feminismo, Derecho Internacional y las Mujeres Amazigh
• René Provost- La Administración de Justicia por Insurgentes Armados
• Patrícia Galvão Teles - Jus Cogens y los Valores Fundamentales
• Andrés del Castillo- La Crisis del Plástico y la necesidad de un Tratado Internacional
• Juan Pablo Scarfi – La Historia Invisible del Derecho Internacional en las Américas
• J. Gustavo Prieto Muñoz- Derecho Internacional de las Inversiones y los Derechos Humanos
• Christian Villanueva - Conflicto en Ucrania (perspectiva militar)
• Wilson A. Martínez Sánchez: El Trastorno Mental y la Inimputabilidad en el Derecho Penal
• Karina Ansolabehere – Desapariciones Forzadas en América Latina

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 www.hablemosdi.com, or on HDI’s social media accounts: LinkedIn, Twitter, Instagram, Facebook, Youtube.

Support ILR with Your Donation on Its 15th Anniversary

The International Law Reporter is a free service but there are costs associated with its production. I ask that you show your support by making a donation to help defray these costs. This week is a particularly appropriate time to make a monetary contribution, as it marks fifteen years since ILR's first post. Those able and so inclined can donate by clicking on the yellow "Donate" button to the right (scroll down). Any amount is appreciated. Thanks.

New Volume: Recueil des Cours

Volume 424 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:

• Volume 424
• Masahiko Asada, International Law of Nuclear Non-proliferation and Disarmament

de Vilchez Moragues: Climate in Court: Defining State Obligations on Global Warming Through Domestic Climate Litigation

Pau de Vilchez Moragues (Univ. of the Balearic Islands - Law) has published Climate in Court: Defining State Obligations on Global Warming Through Domestic Climate Litigation (Edward Elgar Publishing 2022). Here's the abstract:

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Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.

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As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves.

Haque: After War and Peace

Adil Ahmad Haque (Rutgers Univ.. - Law) has posted After War and Peace (in The Individualisation of War: Rights, Liability, and Accountability in Contemporary Armed Conflict, Dapo Akande, David Rodin, & Jennifer Welsh eds., forthcoming). Here's the abstract:

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This chapter traces some theoretical implications, for both law and moral philosophy, of the legal prohibition of aggressive war and armed force, with special emphasis on implications for the individualisation of war. It focuses on the application of human rights law during armed conflict, individual rights and duties under the law of armed conflict, and individual criminal responsibility.

The chapter argues that every killing in furtherance of an act of aggression, and every killing in violation of international humanitarian law, violates the human rights of those it kills. International humanitarian law does not give soldiers a right to fight irrespective of their cause, but instead confers a limited legal immunity from prosecution except for international crimes. Notably, general rules regarding official immunities do not apply during armed conflict to members of a state's armed forces, which may include a head of state. International law imposes different individual obligations on state leaders and ordinary soldiers in order to preserve the pragmatic compromise underlying combatant immunity.

As a result, the modern law of war tracks the revisionist just war theory associated with Jeff McMahan more closely than the conventionalist just war theory associated with Michael Walzer, though the transformation is not yet complete.

Hoffmann: The Stigma of Genocide and the Denial of Communist Crimes

Tamás Hoffmann (Corvinus Univ. of Budapest) has posted The Stigma of Genocide and the Denial of Communist Crimes (in The Crime of Genocide Now and Then: Evolution of a Crime, Pavel Šturma & Milan Lipovský eds., forthcoming). Here's the abstract:

Genocide is generally understood as the “crime of crimes”, the most serious international offence that "shocks the conscience of mankind". Even though its narrow legal construction only allows for the categorizing very specific atrocities as genocide, the perceived gravity creates a special stigma that paradoxically might be seen to reduce the seriousness of other crimes in comparison. This has led to various attempts to bridge the schism between genocide and other international crimes in legal and social science scholarship and in domestic law. Some post-communist countries introduced equal legal sanctions for the denial of the Holocaust - the par excellence genocide - and communist crimes, which on many occasions do not even reach the level of international crimes. My chapter focuses on this phenomenon and aims to demonstrate that the desire to symbolically express the seriousness of communist crimes by putting them on an equal footing with the Holocaust threatens to simultaneously inflate the gravity of communist crimes and decrease the perceived seriousness of the Holocaust.

New Issue: Journal of International Peacekeeping

The latest issue of the Journal of International Peacekeeping (Vol. 25, no. 1, 2022) is out. Contents include:

• Jenna Russo, The Protection of Civilians and the Primacy of Politics: Complementarities and Friction in South Sudan
• Lenneke Sprik, Jennifer Giblin, & Alexander Gilder, The Role of UN Peace Operations in Security Sector Reform and the Relationship with the Protection of Civilians
• Craig Lang, Building the Rule of Law in Post-Conflict States: International v. Mixed Model of Transitional Justice
• Jan Arno Hessbruegge, Human Rights Obligations of United Nations Peacekeepers: Implementation through the UN’s Own Policies and Remaining Challenges

Allen & Yuen: Bargaining in the UN Security Council: Setting the Global Agenda

Susan Allen (Univ. of Mississippi - Politcal Science) & Amy Yuen (Middlebury College - Political Science) have published Bargaining in the UN Security Council: Setting the Global Agenda (Oxford Univ. Press 2022). Here's the abstract:

Even after seventy-five years, the UN Security Council meets nearly every day. They respond to a range of threats to international peace and security, but not all threats. Why does the Security Council take up some issues for discussion and not others? What factors shape the Council's actions, if they take any action at all? Adapting insights from legislative bargaining, this book demonstrates that the agenda-setting powers granted in the institutional rules offer less powerful Council members the opportunity to influence the content of a resolution without jeopardizing its passage. The Council also decides when to conduct public or private diplomacy. The analysis shows how external factors like international and domestic public reactions motivate grandstanding behaviors and shape resolutions. New quantitative data on meetings and outside options provide support for these claims. The book also explores the dynamics of the formal analysis in three cases: North Korean nuclear proliferation, the negotiations leading up to NATO bombing in Serbia over Kosovo, and the elected member-led process to codify the principles of the Responsibility to Protect doctrine. The book argues that while the powerful veto members do have great influence over the Council, the rules of the most consequential security institution influence its policy outcomes, just as they do in any other international institution.

Call for Papers: Emerging Issues in the Relationship between International Humanitarian Law and International Human Rights Law

The European Society of International Law and Ivane Javakhishvili Tbilisi State University have issued a call for papers for a conference on "Emerging Issues in the Relationship between International Humanitarian Law and International Human Rights Law," to be held, in hybrid format, September 29-30, 2022, in Tbilisi. The call is here.

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 66, nos. 4-5, May 2022) is out. Contents include:

• Articles
• Eric Min, Painful Words: The Effect of Battlefield Activity on Conflict Negotiation Behavior
• Risa Brooks & Sharan Grewal, “Twice the Citizen”: How Military Attitudes of Superiority Undermine Civilian Control in the United States
• Danielle Villa, Daniel Arnon, & Dan Reiter, Causes of Foreign-Imposed Regime Change: The Signal of Economic Expropriation
• Christopher W. Blair, Jonathan A. Chu, & Joshua A. Schwartz, The Two Faces of Opposition to Chemical Weapons: Sincere Versus Insincere Norm-Holders
• Christopher Linebarger & Alex Braithwaite, Why Do Leaders Build Walls? Domestic Politics, Leader Survival, and The Fortification of Borders
• Roya Izadi, State Security or Exploitation: A Theory of Military Involvement in the Economy
• Lisa Bruttel, Werner Güth, Juri Nithammer, & Andreas Orland, Inefficient Cooperation Under Stochastic and Strategic Uncertainty
• Michael Kumove, Does Language Foster Reconciliation? Evidence From the Former Yugoslavia
• Michael Gibilisco, Brenton Kenkel, & Miguel R. Rueda, Competition and Civilian Victimization
• Susan Olzak, The Impact of Ideological Ambiguity on Terrorist Organizations
• Miceal Canavan & Oguzhan Turkoglu, The Effect of Migration on Political Support for Co-ethnics: Evidence From Turkey
• Data Set Feature
• Ulrich Petersohn, Vanessa Gottwick, Charlotte Penel, & Leila Kellgren-Parker, The Commercial Military Actor Database

New Issue: International Interactions

The latest issue of International Interactions (Vol. 48, no. 2, 2022) is out. Contents include:

• Neil Narang & Yanjun Liu, Does female ratio balancing influence the efficacy of peacekeeping units? Exploring the impact of female peacekeepers on post-conflict outcomes and behavior
• Wonjun Song, Dictators, personalized security forces, and coups
• Ahmer Tarar, Risk preferences, uncertainty, and war
• Faradj Koliev & James H. Lebovic, Shaming into compliance? Country reporting of convention adherence to the International Labour Organization
• Initiator conditions and the diffusion of digital trade-related provisions in PTAs Manfred Elsig & Sebastian Klotz
• Miranda Simon, Cassilde Schwartz & David Hudson, Covid-19 insecurities and migration aspirations
• Colin M. Barry, David L. Cingranelli & K. Chad Clay, Labor rights in comparative perspective: The WorkR dataset

Schäli: The Mitigation of Marine Plastic Pollution in International Law: Facts, Policy and Legal Implications

Judith Schäli (Swiss Federal Office for the Environment) has published The Mitigation of Marine Plastic Pollution in International Law: Facts, Policy and Legal Implications (Brill | Nijhoff 2022). This book is open access. Here's the abstract:

The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.

New Issue: Michigan Journal of International Law

The latest issue of the Michigan Journal of International Law (Vol. 43, no. 2, 2022) is out. Contents include:

• Ryan Liss, Criminal Law in A World of States
• Moisés Montiel Mogollón, The Consent-Based Problems Surrounding the Persistent Objector Doctrine
• C. Cora True-Frost, Listening to Dissonance at the Intersections of International Human Rights Law
• Chaumtoli Huq, Interdisciplinary Perspectives on Global Labor Governance: Organizing, Legal Mobilization and Decolonization

New Issue: Global Responsibility to Protect

The latest issue of Global Responsibility to Protect (Vol. 14, no. 2, 2022) is out. Contents include:

• Special Issue: Counter-terrorism and R2P
• Shannon Zimmerman, The Responsibility to Protect and Counter-terrorism
• Shannon Zimmerman, R2P and Counter-terrorism: Where Sovereignties Collide
• Isaac Taylor, The Responsibility to Protect from Terror: The Ethics of Foreign Counter-terrorist Interventions
• Sascha Nanlohy, R2P, Terrorism, and the Protection of Civilians – ‘Are All Humans Human? Or Are Some More Human than Others?’
• Adrian Gallagher, Blake Lawrinson, & Charles T. Hunt, Colliding Norm Clusters: Protection of Civilians, Responsibility to Protect, and Counter-terrorism in Mali
• Josie Hornung, Terrorism and Pillar Two Protection Assistance: The Yazidis on Mount Sinjar

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 24, nos. 3, 2022) is out. Contents include:

• Special Issue: Epidemics and the Future Developments of International Law
• Stefania Negri, Epidemics and the Future Developments of International Law
• Shinya Murase, International Law-making on the Prevention and Control of Epidemics
• Roojin Habibi, Timothy Fish Hodgson, & Steven J. Hoffman, Failing Forward: How Human Rights Failures in Governments’ COVID-19 Responses Can Inform the Development of International Human Rights Law
• Pedro A. Villarreal & Giorgia Renne, Medical Countermeasures for Pandemic Response and Intellectual Property Rights: Articulating and Enabling Community Interests under International Law
• Giulio Bartolini, Epidemics and the Future of International Disaster Law

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

The latest issue of the Asia-Pacific Journal of Ocean Law and Policy (Vol. 7, no. 1, 2022) is out. Contents include:

• Sarah Louise Lothian, Australia at the BBNJ Negotiations and Its Potential Role in the Concluding Stages
• Yulu Liu, Prospects for Regional Soft Law to Protect the South China Sea Marine Environment
• Christine Pichel, The Unfortunate Wording of Article 121(3) of unclos and Its Interpretation in the 2016 South China Sea Arbitration Award
• Leonardo Bernard, The Problem with the Concept of ‘Single Continental Shelf’