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’

Webinar: Reid on "Towards a Biodiversity Law – The Changing Nature of Wildlife Law"

On May 18, 2022, the Centre for Environmental Law at Macquarie University will host a webinar on "Towards a Biodiversity Law – The Changing Nature of Wildlife Law" by Colin Reid (Univ. of Dundee - Law). This is part of the Centre's Biodiversity Law and Governance webinar series: Law & Nature Dialogues. Details are here. Recordings of this and all future and past Law and Nature Dialogues can be viewed on the Macquarie CEL YouTube account.

Call for Papers: Queering International Law 2.0

A call for papers has been issued for a workshop on "Queering International Law 2.0," organized by the ANZSIL Gender, Sexuality and International Law Interest Group and supported by Deakin Law School, the Institute for International Law and the Humanities at Melbourne Law School, and La Trobe Law School. The call is here.

Conference: The Reality of International Legal Theory – Reality in International Legal Theory

On May 19-20, 2022, the University of Copenhagen will host a conference on “The Reality of International Legal Theory – Reality in International Legal Theory.” Program and registration are here.

New Issue: African Journal of International and Comparative Law

The latest issue of the African Journal of International and Comparative Law (Vol. 30, no. 2, May 2022) is out. Contents include:

• Bader Bakhit M. Almodarra, The Special and Differential Treatment Provisions in the Trade Facilitation Agreement: New Teeth for an Old Gum?
• Rehana Cassim, An Analysis of Trends in Shareholder Activism in South Africa
• Jean-Claude N. Ashukem, Contextualising the Ongoing ‘Southern Cameroons’ Crisis within the Framework of the Right to Self-Determination
• Ohenewaa Boateng Newman & Bobby Banson, The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor
• Imran O. Smith, The United Nations Sustainable Development Goals, Financial Inclusion Agenda and the Efficacy of Security Interest over Movable Assets: The Case of Micro, Small and Medium Enterprises in Nigeria
• Christopher Riley & Oludara Akanmidu, Explaining and Evaluating Transnational Tortious Actions against Parent Companies: Lessons from Shell and Nigeria
• Ohiocheoya Omiunu & Ifeanyichukwu Azuka Aniyie, Sub-national Involvement in Nigeria's Foreign Relations Law: An Appraisal of the Heterodoxy between Theory and Practice
• Rorisang Matlala & Avitus A. Agbor, The Power of South African Courts to Order Scientific Tests to Determine the Paternity of a Child: Highlighting the Existing Gaps
• Lisa Forman, Diya Uberoi, & Moses Mulumba, Using the Right to Health to Advance Equitable Universal Health Coverage in Uganda's National Health Insurance Scheme Bill

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 35, no. 2, June 2022) is out. Contents include:

• International Legal Theory
• Tilmann Altwicker, Social justice and the judicial interpretation of international equal protection law
• Li Chen, A forgotten proponent of a league of nations and his contributions to international law
• Oren Perez, Transnational networked authority
• International Law and Practice
• Diego Zannoni, Out of sight, out of mind? The proliferation of space debris and international law
• Sondre Torp Helmersen, The use of force against neutral ships outside territorial waters
• Aphrodite Papachristodoulou, The recognition of a right to be rescued at sea in international law
• Mandy Meng Fang & Weihuan Zhou, Greening the road: China’s low-carbon energy transition and international trade regulation
• International Law and Practice: Debate
• Massimo Lando, Stability of maritime boundaries and the challenge of geographical change: A reply to Snjólaug Árnadóttir
• Snjólaug Árnadóttir, Provisional boundaries and alternative solutions to maritime delimitation
• International Court of Justice: Tributes to Judge James Crawford
• K. J. Keith, James Crawford AC SC FBA (Adelaide, 14 November 1948–The Hague, 31 May 2021)
• Bill Campbell, An Australian glimpse of James Crawford
• Hilary Charlesworth, James Crawford and the art of law
• International Criminal Courts and Tribunals
• Rocío Lorca, Impunity thick and thin: The International Criminal Court in the search for equality
• Rossella Pulvirenti, Undesirable and unreturnable individuals: Rethinking the International Criminal Court’s human rights obligations towards detained witnesses

Panel Discussion: Minimalism vs. Maximalism? Challenges and Future Directions in the Interpretation of the European Convention on Human Rights

On June 8, 2022, Eva Brems, Corina Heri, Jens T. Theilen, and Natasa Mavronicola will hold an online panel discussion on “Minimalism vs. Maximalism? Challenges and Future Directions in the Interpretation of the European Convention on Human Rights.” Registration is here.

Drazewska: Military Necessity in International Cultural Heritage Law

Berenika Drazewska (British Institute of International and Comparative Law) has published Military Necessity in International Cultural Heritage Law (Brill | Nijhoff 2022). Here's the abstract:

This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances.

Webinar: Jurisdictional Immunities Again

On May 11, 2022, the Università degli Studi di Ferrara and the Università Cattolica del Sacro Cuore will hold a webinar on "Jurisdictional Immunities Again." Details are here.

Merkouris, Kammerhofer, & Arajärvi: The Theory, Practice, and Interpretation of Customary International Law

Panos Merkouris (Rijksuniversiteit Groningen), Jörg Kammerhofer (Univ. of Freiburg), & Noora Arajärvi (Hertie School of Governance) have published The Theory, Practice, and Interpretation of Customary International Law (Cambridge Univ. Press 2022). The table of contents is here. The book is available open access. Here's the abstract:

Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field.

Conference: International Law and Technological Progress

On June 23-24, 2022, the University of Aberdeen will host a conference on "International Law and Technological Progress." The program is here. Registration is here.

New Issue: International & Comparative Law Quarterly

The latest issue of the International & Comparative Law Quarterly (Vol. 71, no. 2, April 2022) is out. Contents include:

• Articles
• Eyal Benvenisti, The Birth and Life of the Definition of Military Objectives
• Brooke Marshall, Asymmetric Jurisdiction Clauses and the Anomaly Created by Article 31(2) of the Brussels I Recast Regulation
• Bryan Mercurio & Pratyush Nath Upreti, The Legality of a TRIPS Waiver for COVID-19 Vaccines Under International Investment Law
• Raphael Ren & Soh Lip Shan, How to Identify Insiders and Intruders Disguising as Investors in the Assignment of Investments
• Danae Azaria, Trade Countermeasures for Breaches of International Law Outside the WTO
• Christel Querton, One Step Forward, Two Steps Back? Interpreting ‘Particular Social Group’ in the European Union
• Shorter Articles
• Miles Jackson & Dapo Akande, The Right to Life and the Jus Ad Bellum: Belligerent Equality and the Duty to Prosecute Acts of Aggression
• Duncan Fairgrieve & Rhonson Salim, Collective Redress in Europe: Moving Forward or Treading Water?
• Thomas D Grant, Arbitration, Corruption and Post-Award Control in French and English Courts

Workshop: Sociological perspectives on international economic law and human rights law

On May 13-14, 2022, the European University Institute will host a workshop on "Sociological perspectives on international economic law and human rights law." Program and registration are here.

New Issue: Manchester Journal of International Economic Law

The latest issue of the Manchester Journal of International Economic Law (Vol. 19, no. 1, 2022) is out. Contents include:

• Gerard Sanders, The Historical Roots of International Financial Institutions and their Impact on the Purposes and Governance of these Organizations
• Franziska Sucker & Kholofelo Kugler, The Proposed Covid-19 TRIPS Waiver: Not a Silver Bullet but Part of a Solution for Africa’s Covid-19 Health Crisis
• Dan Wei & Hongling Ning, Brazilian CIFAs: A Policy Shift from Investment Protection and Liberalization to Investment Facilitation
• Mohammed El Said, The Global IP Response to Covid-19 Pandemic: A Tale of Several Ironies?
• Azam Amini, Mohammad Abedi & Ehsan Daryadel, A Criticism of Partial Award No. 604 of Iran-US Claims Tribunal in its Interpretation of ‘Iranian Properties’ under Paragraph 9 of Algiers General Declarations
• Prabhash Ranjan, The Future of India’s Investment Treaty Practice: An Important Parliamentary Intervention

Conference: Colloque annuel de la Société française pour le droit international

On May 19-20, 2022, the Société française pour le droit international will hold its Colloque annuel, hosted by Université de Perpignan Via Domitia. The theme is: "Le droit international multilatéral." The program is here. Registration is here.

Conference: 2022 Conference of the Belgian Society for International Law

On May 12-13, the 2022 Conference of the Belgian Society for International Law will take place in Leuven and online. The theme is: "The Dynamics of Contestation and Cooperation in International Law." Registration is here. The program is here.

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 91, 2022) is out. Contents include:

• The implications of sea-level rise for international law
• Introduced by Maura Marchegiani
• Massimo Starita, The impact of sea-level rise on baselines: a question of interpretation of the UNCLOS or evolution of customary law?
• Andrea Caligiuri, Sinking States: The Statehood Dilemma in the Face of Sea-Level Rise
• Paolo Palchetti, Le rôle du Conseil de sécurité en matière de lutte aux changements climatiques
• Giuseppe Cataldi, Human Rights of People Living in States Threatened by Climate Change
• Charlotte Beaucillon, Culture overboard! The climate shift of international cultural heritage law in the face of rising sea levels

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 44, no. 2, May 2022) is out. Contents include:

• Payam Akhavan & David Matyas, International Criminal Justice in the Context of Fragile States: The ICC Self-Referral Debate
• Niaz A. Shah, The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan
• Boyd van Dijk, Gendering the Geneva Conventions
• David P. Forsythe, Human Dignity, the ICRC, and the Swiss Government: The Lessons of History Debated
• Mijke de Waardt & Eva Willems, Recipients Versus Participants: Politics of Aid and Victim Representation in Transitional Justice Practices in Peru
• Allison Corkery, Can Human Rights Help Social Movement Activists Frame Inequality as an Injustice? Lessons From Mining Affected Communities in South Africa
• Thomas W. Smith, Leviathan’s Architect: Urbicide, Urban Renewal, and the Right to the City in Turkish Kurdistan
• Javaid Rehman, Revisiting the Jihad Ideology in Islamic International Law and its Appropriation by Nonstate Actors

New Issue: Global Society

The latest issue of Global Society (Vol. 36, no. 2, 2022) is out. Contents include:

• Anticipatory Global Governance: International Organisations and the Politics of the Future
• John Berten & Matthias Kranke, Anticipatory Global Governance: International Organisations and the Politics of the Future
• Thomas Müller, Self-Binding via Benchmarking: Collective Action, Desirable Futures, and NATO’s Two Percent Goal
• Susan L. Robertson, Guardians of the Future: International Organisations, Anticipatory Governance and Education
• John Berten, The Future as Epistemic Condition: How International Organisations Anticipate Futures of Social Policy
• Matthias Kranke, Tomorrow's Debt, Today's Duty: Debt Sustainability as Anticipatory Global Governance
• Malcolm Campbell-Verduyn & Moritz Hütten, Governing Techno-Futures: OECD Anticipation of Automation and the Multiplication of Managerialism
• Berenike Prem, Governing through Anticipatory Norms: How UNIDIR Constructs Knowledge about Autonomous Weapons Systems
• Hans Krause Hansen & Julie Uldam, Assembling Transnational Policing: Europol’s Anticipatory Governance

Schatz: Ad Hoc Expert Panels: Regional Fisheries Management Organisations (RFMOs)

Valentin Schatz (Univ. of Hamburg - Law) has posted Ad Hoc Expert Panels: Regional Fisheries Management Organisations (RFMOs) (in Max Planck Encyclopedia of International Procedural Law, Hélène Ruiz Fabri ed., forthcoming). Here's the abstract:

Ad hoc expert panels are a means of the  peaceful settlement of international disputes [MPEPIL] ( Dispute;  Fisheries Disputes) in the framework of regional fisheries management organizations (‘RFMOs’) ( Fisheries, Commissions and Organizations [MPEPIL]). From the perspective of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995) (‘UNFSA’), RFMOs are international organisations established by two or more States through  fisheries agreements [MPEPIL] for the purpose of, inter alia, establishing conservation and management measures (‘CMMs’) ( Marine Living Resources, International Protection [MPEPIL]) in a subregion or region for one or more  straddling and highly migratory fish stocks [MPEPIL] (Harrison, 2019, 84). As such  fish stocks [MPEPIL] are not confined to waters within national jurisdiction but are also present on the high seas ( Fisheries, High Seas [MPEPIL]), their conservation and management requires cooperation. Against this background, ad hoc expert panels may be placed in the broader context of both dispute settlement in the law of the sea ( Law of the Sea, Settlement of Disputes [MPEPIL]) and, more specifically, the settlement of international disputes to which international organisations are parties (see generally Wood, 2016, 387 et seq).

New Issue: Michigan Journal of International Law

The latest issue of the Michigan Journal of International Law (Vol. 43, no. 1, 2022) is out. Contents include:

• William Fisher, Ruth L. Okediji, & Padmashree Gehl Sampath, Fostering Production of Pharmaceutical Products in Developing Countries
• Nchimunya D. Ndulo, The African Continental Free Trade Area: Local Content Requirements as a Means to Addressing Africa's Productive Capacity Constraints
• Cheah W. L., CEDAW and Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker and Root Causes of Abuse
• Thomas D. Grant & F. Scott Kieff, Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 23, no. 2, 2022) is out. Contents include:

• Editorial
• Michael Trebilcock, Brief Reflections on the Subsidies Imbroglio in International Trade Law
• Special Issue: Geographical Indications and Wine
• Caroline Henckels & Lisa Spagnolo, Mapping the Terroir: Introducing Geographical Indications and Wine
• Andrea Zappalaglio, Getting Article 22(1) TRIPS Right: A Commentary on the Definition of ‘Geographical Indication’ from a European Union Perspective with a Focus on Wines
• Lisa Spagnolo & Mark Davison, Wine Geographical Indications and Product Specifications: A Case of Prosecco Quality and Characteristics?
• Enrico Bonadio & Magali Contardi, The Geographic Indication Prosecco Battle Between Italy and Australia: Some Lessons from the History and Geography of the Most Famous Italian Wine
• Caroline Henckels, The Compatibility of the European Union’s Geographical Indications Regulations for Wines with the World Trade Organization Agreement on Technical Barriers to Trade
• Article
• Shaun Matos, Investor Due Diligence and Legitimate Expectations

New Issue: Climate Law

The latest issue of Climate Law (Vol. 12, no. 2, 2022) is out. Contents include:

• Lauren Nishimura, Adaptation and Anticipatory Action: Integrating Human Rights Duties into the Climate Change Regime
• Jan McDonald & Phillipa C. McCormack, Responsibility and Risk-Sharing in Climate Adaptation: a Case Study of Bushfire Risk in Australia
• Qihao He & Michael Faure, Adaptation to Climate Change Risks and Regulation Through Insurance: The Case of China

Call for Abstracts: 2022 ASIL Research Forum

The American Society of International Law has issued a call for abstracts for its 2022 Research Forum, a part of the Society's Midyear Meeting, which will be held November 10-12, in Miami. The deadline is May 30, 2022 at 5:00PM EDT. The call is here.

Klabbers: The Cambridge Companion to International Organizations Law

Jan Klabbers (Univ. of Helsinki - Law) has published The Cambridge Companion to International Organizations Law (Cambridge Univ. Press 2022). The table of contents is here. Here's the abstract:

The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 105, no. 1, 2022) is out. Contents include:

• Articoli
• G. Della Morte, Limiti e prospettive del diritto internazionale del cyberspazio
• E. Öktem La clausola della nazione più favorita nelle capitolazioni ottomane: genesi, tipologia, patologia
• Note e Commenti
• A. Mistura, Reconciling Agricultural Production and Environmental Sustainability for Food Security: An Integrated Approach to Land Use through International Legal Instruments
• S. Marino, Il regolamento (UE) 650/2012 sulle successioni internazionali nella prima giurisprudenza della Corte di giustizia dell’Unione Europea
• Panorama
• P. Franzina, La rilevazione del difetto di giurisdizione secondo la riforma del processo civile: quali implicazioni per l’art. 11 della legge n. 218/1995?
• E. D’Alessandro, Le modifiche concernenti il procedimento per l’accertamento della riconoscibilità ed eseguibilità delle sentenze straniere in Italia
• A. Carlevaris, La legge-delega per la riforma dell’arbitrato: verso il riconoscimento dei poteri cautelari degli arbitri?
• M. Gervasi, Immunità giurisdizionale degli Stati ed eccezione umanitaria: in margine alla recente giurisprudenza sudcoreana sul sistema delle « donne di conforto »

New Issue: Jus Gentium: Journal of International Legal History

The latest issue of Jus Gentium: Journal of International Legal History (Vol. 7, no. 1, 2022) is out. Contents include:

• Articles
• W. E. Butler, On the Ratification of Treaties in Prerevolutionary Russia
• M. Hoeflich, The Remarkable Civil Law Library of Judge John Purviance
• E. Tikhonravov, Classifications of the Baltic Annexation on the Basis of De Facto and De Jure Recognition
• D. Dolan, Vladimír Mandl: The Founding Father of Space Law
• K. Wiehn, International Law and Historic Rights in the South China Sea
• Documents and Other Evidence of State Practice
• P. Macalister-Smith & J. Schweitzke, A Brief Calendar of State Practice for Shandong: 1897-1924. Part Five (1915-1916): Twenty-One Demands

New Issue: World Politics

The latest issue of World Politics (Vol. 74, no. 2, April 2022) is out. Contents include:

• Allison Carnegie & Nikhar Gaikwad, Public Opinion on Geopolitics and Trade: Theory and Evidence
• Volha Charnysh, Explaining Out-Group Bias in Weak States: Religion and Legibility in the 1891/1892 Russian Famine
• Giuliana Pardelli & Alexander Kustov, When Coethnicity Fails
• Lasse Aaskoven, Foreign Occupation and Support for International Cooperation: Evidence from Denmark

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

The latest issue of the Asian Journal of WTO & International Health Law and Policy (Vol. 17, no. 1, 2022) is out. Contents include:

• Special Issue on “Building a Sustainable Future: New Asian Regionalism in International Economic Law”
• Pasha L. Hsieh, Foreword to the Special Issue on “Building a Sustainable Future: New Asian Regionalism in International Economic Law”
• Xinyue Li, Quantizing Geoeconomics: Emerging Geoeconomics in International Economic Law Through a Quantum Worldview
• Chen-Ju Chen, Current Development of Fisheries Subsidies Regulations After the Failure of WTO Doha Round Negotiations with a Focus on the Asia-Pacific Region
• I-Ju Chen, A Critical Appraisal of Initiatives of Asia-Pacific Economic Cooperation (APEC) for the Blue Economy: Deadlocks and Any Possible Way Out?
• Mark McLaughlin, Mapping Sustainable Development in Investment Treaties: An Analysis of ASEAN States' Practice
• Yueming Yan, The Inclusion of Anti-Corruption Clauses in International Investment Agreements and Its Possible Systemic Implications
• Rabaï Bouderhem, Access to Essential Medicines and International Health Law: Towards a New Paradigm?
• Ying-Jun Lin & Feng-Jen Tsai, Public Health Policy Space for Responding to Potential Pandemics Under the SCM Agreement
• Meng (Mandy) Fang, Shedding Any New Light? The WTO's Latest Ruling in the US-China Solar Battle

Voon & Merriman: Incoming: How International Investment Law Constrains Foreign Investment Screening

Tania Voon (Univ. of Melbourne - Law) & Dean Merriman (Deloitte Australia) have posted Incoming: How International Investment Law Constrains Foreign Investment Screening (Journal of World Investment & Trade, forthcoming). Here's the abstract:

Domestic screening of inbound foreign investment, often on the grounds of national security, has intensified in recent years. More countries are introducing such regimes, while others are expanding their sectoral scope or creating opportunities for retrospective screening. These developments increase the potential for investor–State claims under international investment agreements, even in some circumstances with respect to investments that have not yet been established. Host States need to be aware of the potential for adverse screening decisions, the imposition of conditions on investment, or due process shortcomings to conflict with investment protections, such as obligations to accord fair and equitable treatment or most-favoured nation treatment. Although a range of tools exist in some IIAs to exclude or exempt investment screening, these will not necessarily prevent a successful investment claim. For example, listing a screening regime as a non-conforming measure will not necessarily cover all future amendments, and general exceptions and security exceptions are subject to considerable uncertainty. Host States need to ensure compliance with international investment law in creating and developing screening regimes.

New Issue: Revista romana de drept international

The latest issue of Revista romana de drept international (No. 26, July-December 2021) is out. Contents include:

• Articole
• Elena Lazăr, L’influence de la CEDH sur l’obtention et utilisation de preuves viciés devant la Cour pénale internationale
• Carmen Achimescu, Viorel Chiricioiu, & Ioana Oltean, Challenges to Black Sea Governance. Regional Disputes, Global consequences?
• Studii și comentarii de jurisprudență și legislație
• Ion Gâlea, Principles of International Law and Jurisdictional Review of Agreements concluded by the European Union: the Front Polisario Cases of 29 September 2021
• Contribuţia doctorandului şi masterandului
• Bianca-Gabriela Neacșa, The International Law Applicable to the Secession of a Territory. Territorial Integrity versus “Neutrality” of International Law and the Role of Self-Determination
• Raluca-Andreea Șolea, The Concept of “Crime of Terrorism”: the Relevant Case Law of the Special Tribunal for Lebanon

New Volume: Yearbook of International Environmental Law

The latest volume of the Yearbook of International Environmental Law (Vol. 31, 2020) is out. Contents include:

• Article
• Jason Rudall, The Natural Remedy for Zoonotic Diseases

Panel Discussion: International Organisations and Cities: An Accelerating Relationship Reshaping Both?

On Thursday, April 28, 2022, the Global Governance Centre and the Department of International Law at the Graduate Institute will host a panel discussion on "International Organisations and Cities: An Accelerating Relationship Reshaping Both?" on the occasion of the publication of Helmut Philipp Aust & Janne E. Nijman's Research Handbook on International Law and Cities. Program and registration are here. My contribution to the volume, on this topic, can be found here.

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 116, no. 2, April 2022) is out. Contents include:

• Articles
• Neha Jain, Manufacturing Statelessness
• J. Benton Heath, Making Sense of Security
• Jeffrey L. Dunoff & Mark A. Pollack, The Road Not Taken: Comparative International Judicial Dissent
• International Decisions
• Geir Ulfstein, Qatar v. United Arab Emirates
• Juan-Pablo Pérez-León-Acevedo, File 03378-2019-PA/TC.
• Mariela Morales Antoniazzi, Advisory Opinion OC-26/20, Denunciation of the American Convention on Human Rights and the Charter of the Organization of American States and the Consequences for State Human Rights Obligations
• Contemporary Practice of the United States Relating to International Law
• Kristen Eichensehr, Contemporary Practice of the United States Relating to International Law
• Recent Books on International Law
• Sonia E. Rolland, reviewing Emerging Powers and the World Trading System: The Past and Future of International Economic Law, by Gregory Shaffer
• Emilie M. Hafner-Burton, reviewing Human Choice in International Law, by Anna Spain Bradley
• Antonio Coco, reviewing Standing Up for Justice: The Challenges of Trying Atrocity Crimes, by Theodor Meron
• David P. Stewart, reviewing The Politics of International Criminal Law, edited by Holly Cullen, Philipp Kastner, and Sean Richmond

Call for Papers: Workshop on Race and International Relations

The International Race and Rights Lab, within the Klau Center for Civil and Human Rights at the University of Notre Dame, has issued a call for papers for a workshop on race and international relations, to take place March 31, 2023. The call is here.

AJIL Unbound Symposium: International Economic Law and Its Others

AJIL Unbound has posted a symposium on "International Economic Law and Its Others." The symposium includes an introduction by Nicolás M. Perrone and Gregory Shaffer and contributions by Tomaso Ferrando and Elizabeth Mpofu, Julia Dehm, Desirée LeClercq, Chantal Thomas, and Michael Fakhri.

Conference: The Concept of Obligation in International Law

On May 23-24, 2022, the School of Law, University of Milano-Bicocca, with the support of the European Society of International Law, will hold a conference on "The Concept of Obligation in International Law," in Milan. The program is here. Those who wish to attend online can send an email to [email protected]. Those who wish to attend in person can register here.

Panel Discussion: Lawfare in Ukraine – A Collision Point of Diverging Approaches to International Law?

On May 6, 2022, the International Criminal Law Research Unit at Friedrich-Alexander-Universität Erlangen-Nürnberg will host an online panel discussion titled “Lawfare in Ukraine – A Collision Point of Diverging Approaches to International Law?” The program is here. Registration is here.

Hasar: State Consent to Foreign Military Intervention during Civil Wars

Seyfullah Hasar (Dicle Univ. - Law) has published State Consent to Foreign Military Intervention during Civil Wars (Brill | Nijhoff 2022). Here's the abstract:

Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book gives and analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship. Owing to this account, it also manages to engage in peripheral aspects of the subject overlooked in the literature, such as the impact of an ineffective arms embargo on a consensual intervention, or the consequences of the invocation by an intervening State of both consent and its right to self-defence. The book also examines, among others, the issue of the legal legitimacy and recognition of governments, the rules that can considerably constrain the scope of consensual interventions under certain circumstances, and the challenging and under-addressed implications of consensual interventions for the crime of aggression.

Call for Submissions: International Humanitarian Law and Neighbouring Frameworks (Yearbook of International Humanitarian Law)

The Yearbook of International Humanitarian Law has issued a call for submissions for its Volume 25 (2022) on the theme "International Humanitarian Law and Neighbouring Frameworks." The call is here.

Mishra: Breaking Down Digital Walls: The Interface of International Trade Law and Online Content Regulation through the Lens of the Chinese VPN Measure

Neha Mishra (Australian National Univ. - Law) has posted Breaking Down Digital Walls: The Interface of International Trade Law and Online Content Regulation through the Lens of the Chinese VPN Measure (Brooklyn Journal of International Law, forthcoming). Here's the abstract:

The interface of international trade law and online content regulation is problematic and complex. This article examines the consistency of the regulation of unauthorized Virtual Private Network services (“VPNs”) in China with WTO law to demonstrate that while extant international trade rules may be effective in disciplining protectionist aspects of online content regulations, they can neither scrutinize domestic values underlying such regulations nor guarantee a free and open internet. Thus, existing rules contained in international trade agreements play a limited role in balancing domestic socio-cultural and political values vis-à-vis online censorship with an open, globally interconnected internet enabling seamless digital flows.

The several ongoing dialogues in relevant global, multistakeholder, and transnational fora could eventually generate international consensus on critical aspects of online content regulation such as disinformation. But with respect to the resolution of digital trade disputes resulting from such regulations, trade tribunals must acknowledge that online content regulation is often politically and culturally sensitive and some regulatory differences among countries could be entirely irreconcilable. Therefore, when such disputes arise before a trade body, both caution and pragmatism are necessary in applying international trade law to such measures. Further, although governments are looking into varied aspects of digital and data regulation in ongoing plurilateral and bilateral trade negotiations, they are unlikely to reach any meaningful agreement on digital trade provisions that limit their ability to regulate online content.

Mayer: International Advisory Proceedings on Climate Change

Benoit Mayer (Chinese Univ. of Hong Kong - Law) has posted International Advisory Proceedings on Climate Change (Michigan Journal of International Law, forthcoming). Here's the abstract:

Several island states are expected to be severely harmed by climate change and rising sea levels. In late 2021, Tuvalu, Vanuatu, and other island states launched two legal initiatives aimed at requesting advisory opinions of international courts on the law applicable to climate change. They are planning to ask international courts to clarify the obligations of states to cut greenhouse gas emissions and to pay reparations for the harm already caused, hoping that this would help foster more action against climate change.

This Article provides the first comprehensive assessment of the feasibility and desirability of international advisory proceedings on climate change. It analyzes recent developments and engages critically with the main substantive and procedural aspects of potential advisory proceedings. Contrary to the prevailing view, this Article shows that these initiatives, albeit well intended, are almost certain to fail to achieve their goals, and might be counterproductive.

The likely failure of advisory proceedings on climate change results from several factors, including jurisdictional challenges and questions of judicial propriety. A court would find it difficult to determine the law applicable to key aspects of the questions, such as the modalities of burden-sharing in global efforts on climate change mitigation. And even if a court were to give a meaningful advisory opinion, it is highly uncertain whether powerful states would comply with it. These factors raise the risk that the issuance of advisory opinions might further erode the credibility of international institutions, thus undermining the foundations of any cooperation against climate change.

Yip: The Use of Force against Individuals in War under International Law: A Social Ontological Approach

Ka Lok Yip (Hamad bin Khalifa Univ. - Law) has published The Use of Force against Individuals in War under International Law: A Social Ontological Approach (Oxford Univ. Press 2022). Here's the abstract:

Is it legal to kill, or capture and confine, someone in war? Is this relevant or wise to ask in the reality of war? What does 'legal' actually mean in the labyrinth of overlapping international laws?

This volume explores the meaning, relevance, and wisdom of questioning the 'legality' of the use of force against individuals in war by reconnecting legal thought with the social world. Weaving together law, social theories, and actual practices, the book presents an interdisciplinary study of the laws regulating warfare.

The Use of Force against Individuals in War under International Law uncovers different conceptions of 'legality' that generate tensions among different international laws regulating warfare and highlights the limits of legal techniques in addressing these tensions. Accepting these tensions serves not to denigrate the law itself but to invite a deeper level of engagement with it - through the lens of social theories.

Drawing on the insight that every social action results from an interaction between human agency and social structures, this publication argues that in regulating warfare, one distinct body of international law, the law of armed conflicts, accommodates the diminished agency of human beings operating in highly structured conditions while other bodies of international law harbour the potential to transform these very structured conditions. Thus, assimilating these laws, whether in court or real-world practices, fundamentally conflates their underlying social ontologies.

Martin: All Necessary Measures? The United Nations and International Intervention in Libya

Ian Martin has published All Necessary Measures? The United Nations and International Intervention in Libya (Hurst Publishers 2022). Here's the abstract:

The international intervention after the 2011 Libyan uprising against Muammar Gaddafi was initially considered a remarkable success: the UN Security Council’s first application of the ‘responsibility to protect’ doctrine; an impending civilian massacre prevented; and an opportunity for democratic forces to lead Libya out of a forty-year dictatorship. But such optimism was soon dashed.

Successive governments failed to establish authority over the ever-proliferating armed groups; divisions among regions and cities, Islamists and others, split the country into rival administrations and exploded into civil war; external intervention escalated. Ian Martin gives his first-hand view of the questions raised by the international engagement. Was it a justified response to the threat against civilians? What brought about the Security Council resolutions, including authorising military action? How did NATO act upon that authorisation? What role did Special Forces operations play in the rebels’ victory? Was a peaceful political settlement ever possible? What post-conflict planning was undertaken, and should or could there have been a major peacekeeping or stabilisation mission during the transition? Was the first election held too soon?

As Western interventions are reassessed and Libya continues to struggle for stability, this is a unique account of a critical period, by a senior international official who was close to the events.

Masiko: Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System

Timothy Masiko (Univ. of Nottingham) has published Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System (Hart Publishing 2022). Here's the abstract:

This book examines the relationship between flexible regional economic integration in the East African Community (EAC), through its application of variable geometry, and the establishment of the African Continental Free Trade Area (AfCFTA) as a continent-wide form of integration. It uses a historical, political, legal and economic analysis of the processes that led to the adoption of flexible regional integration in Africa, with particular regard to the EAC. This takes place in the inescapable context of pan-Africanism, showing how regional integration efforts in Africa are based on pan-Africanist ideals, and how an evolution of these ideals has led to an evolution in the goals of integration. With growing awareness of the weaknesses and impracticality of consensus-based decision-making on a global level, it makes the case for the pursuit of flexibility in multilateral trade, drawing lessons from the experience of the AfCFTA and blocs in other regions.

This book is a historical evaluation of regional economic integration efforts in Africa and it follows the path of attempts to integrate the economies on the continent from colonial times to the birth of the AfCFTA. While it is a study in law, it relies heavily on politics, economics and history to weave together a more complete theory of economic integration based on the African experience.

New Book Symposium: Fitzmaurice’s King Leopold’s Ghostwriter

On May 13, 2022, the School of Law, School of History, the Institute for Social Sciences and the Humanities, and the Centre for the History of Political Thought at Queen Mary University of London will host a new book symposium on Andrew Fitzmaurice’s King Leopold’s Ghostwriter. Details are here.

Holá, Nzitatira, & Weerdesteijn: The Oxford Handbook on Atrocity Crimes

Barbora Holá (Vrije Universiteit Amsterdam - Criminal Law and Criminology), Hollie Nyseth Nzitatira (Ohio State Univ. - Sociology), & Maartje Weerdesteijn (Vrije Universiteit Amsterdam - Criminal Law and Criminology) have published The Oxford Handbook on Atrocity Crimes (Oxford Univ. Press 2022). The table of contents is here. Here's the abstract:

Social scientific research focusing on mass atrocities, which include widespread or systematic crimes such as genocide, crimes against humanity, and war crimes, expanded after the end of the Cold War. Mass violence in the former Yugoslavia, as well as the genocide in Rwanda, sparked new research initiatives in numerous disciplines. Scholars working in various academic fields such as international (criminal) law, political science, psychology, sociology, history, anthropology, and demography began to focus on the causes and consequences of atrocity crimes. Yet knowledge generated by these various disciplines remains scattered and has not been integrated into a single edited volume.

The Oxford Handbook on Atrocity Crimes surveys and further develops the evolving field of atrocity crimes studies by combining major mono-, inter-, and multi-disciplinary research on atrocity crimes in one comprehensive volume. With contributions of leading scholars, this handbook will be an essential source and reference tool. Unique in its thematic focus (atrocity crimes as an overarching phenomenon, including crimes of genocide, crimes against humanity, and war crimes) as well as in its comprehensive scope, the book covers the etiology, the actors involved, the harm caused, the reactions to atrocity crimes, and in-depth analyses of understudied situations of war crimes, crimes against humanity, and genocide.

New Book Symposium: Simpson’s The Sentimental Life of International Law

On May 12, 2022, the Centre for Law and Society in a Global Context and the School of Law at Queen Mary University of London will host a new book symposium on Gerry Simpson’s The Sentimental Life of International Law. Details are here.

New Issue: Review of European, Comparative & International Environmental Law

The latest issue of the Review of European, Comparative & International Environmental Law (Vol. 31, no. 1, April 2022) is out. Contents include:

• Special Issue: Human Rights and the Climate Change Crisis
• Mara Tignino & Makane Moïse Mbengue, Climate change at the crossroads of human rights: The right to a healthy environment, the right to water and the right to development
• Philippe Cullet, Confronting inequality beyond sustainable development: The case for eco-human rights and differentiation
• Margaretha Wewerinke-Singh, A human rights approach to energy: Realizing the rights of billions within ecological limits
• Elsabé Boshoff, Rethinking the premises underlying the right to development in African human rights jurisprudence
• Elena Cima, The right to a healthy environment: Reconceptualizing human rights in the face of climate change
• Helen Keller & Angela Hefti, Bringing the right to water into the spotlight: A civil right before the European Court of Human Rights?
• Jasper Krommendijk, Beyond Urgenda: The role of the ECHR and judgments of the ECtHR in Dutch environmental and climate litigation
• Regular Articles
• Mirella Miettinen & Sabaa Ahmad Khan, Pharmaceutical pollution: A weakly regulated global environmental risk
• Mengxing Lu & Michael Faure, Does the tiger have teeth? A critical examination of the toolbox approach of environmental law enforcement in China
• Junghwan Choi, The legal status of Particularly Sensitive Sea Areas (PSSAs): Challenges and improvements for PSSA resolutions
• Nikolas Sellheim & Otava Ojanperä, Indigenous youth and international conservation law: Five case studies
• Paul Martin, Solange Teles da Silva, Maurício Duarte dos Santos, & Carolina Dutra, Governance and metagovernance systems for the Amazon
• Case Note
• Magdalena Porzeżyńska, Case C-24/19 (A and others): How to ensure effet utile of the Strategic Environmental Assessment Directive?

Canfield: Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance

Matthew C. Canfield (Leiden Univ. - Law) has published Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance (Stanford Univ. Press 2022). Here's the abstract:

In its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up.