Eichensehr: Not Illegal: The SolarWinds Incident and International Law

Kristen Eichensehr (Univ. of Virginia - Law) has posted Not Illegal: The SolarWinds Incident and International Law (European Journal of International Law, forthcoming). Here's the abstract:

In 2021, the United States and other governments formally blamed Russia for a wide-ranging hacking campaign that breached the update process for SolarWinds Orion network monitoring software and used that access to compromise numerous government agencies, companies, and other entities. Despite denouncing Russia’s cyberespionage and imposing sanctions, the United States did not call Russia’s actions illegal as a matter of international law—and for good reason. Based on the publicly available facts, this article argues that the SolarWinds incident likely did not run afoul of international law as it currently stands. The article considers the prohibitions on the use of force and intervention, emerging rules with respect to cyber operations and violations of sovereign and due diligence, and international human rights law, and it concludes with some reflections on the role of states and scholars in decisions about whether to close gaps in international law.

Meise: U.S. Climate Commitments in the Wake of West Virginia v. EPA

Alexandra A.K. Meise (Northeastern Univ. - Law) has posted an ASIL Insight on U.S. Climate Commitments in the Wake of West Virginia v. EPA.

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 62, no. 3, Spring 2022) is out. Contents include:

• Janet E. Lord, Elizabeth Heideman, & Michael Ashley Stein, Advancing Disability Rights-Based Refugee and Asylum Claims
• Mark Jia, Special Courts, Global China

Call for Papers: Emerging Voices Panel – International Law Weekend 2022

A call for papers has been issued for an Emerging Voices Panel for International Law Weekend 2022. The theme is "The Next 100 Years of International Law." The deadline is August 28, 2022. The call is here.

New Issue: Revue belge de droit international

The latest issue of the Revue belge de droit international (2020, no. 2) is out. Contents include:

• Special issue : Western Sahara on the edges of international law
• A. Lagerwall & T. Ruys, Introduction
• H. Placentino, Accords commerciaux et territoires occupés : réflexions sur la jurisprudence de la CJUE relative au Sahara occidental à la lumière des obligations internationales de l’Union européenne
• H. Corell, Keynote address on Western Sahara at the 2019 annual conference of the Belgian Society of International Law
• J.J. Smith, La compétence de la souveraineté : reflections on the nature and expression of Saharawi consent after the CJUE judgments of 29 September 2021
• F. Dubuisson, Libres propos sur les positions juridiques des autorités de l’Union européenne justifiant l’application au Sahara occidental des accords économiques conclus avec le Maroc : la remise en cause des acquis du droit de la décolonisation ?
• Études
• T. Ruys & T. Baecke, Haunted by the past? Belgium’s international responsibility for the atrocities of the Congo Free State and the question of State succession in matters of international responsibility
• I.R. Pavone, The COVID-19 pandemic, vaccine nationalism and distributive dilemmas
• F.M. Gómez Pulisich, The lack of circumvention of the principle of State consent to judicial settlement in the Advisory Jurisdiction of the International Court of Justice
• S. Karagiannis, Une zone maritime méconnue : la zone de sécurité autour des installations artificielles en mer
• R. Kolb, La violation substantielle d’un traité de frontière peutelle donner lieu aux conséquences juridiques prévues à l’article 60 de la CVDT ?

New Issue: International Organization

The latest issue of International Organization (Vol. 76, no. 3, Summer 2022) is out. Contents include:

• Articles
• Joshua D. Kertzer, Marcus Holmes, Brad L. LeVeck, & Carly Wayne, Hawkish Biases and Group Decision Making
• Suparna Chaudhry, The Assault on Civil Society: Explaining State Crackdown on NGOs
• Andrew H. Kydd, Penalizing Atrocities
• Nicolas Jabko & Sebastian Schmidt, The Long Twilight of Gold: How a Pivotal Practice Persisted in the Assemblage of Money
• Brian C. Rathbun & Caleb Pomeroy, See No Evil, Speak No Evil? Morality, Evolutionary Psychology, and the Nature of International Relations
• Research Notes
• Swati Srivastava, Corporate Sovereign Awakening and the Making of Modern State Sovereignty: New Archival Evidence from the English East India Company
• Haillie Na-Kyung Lee & Yu-Ming Liou, Where You Work Is Where You Stand: A Firm-Based Framework for Understanding Trade Opinion
• Eddy S.F. Yeung & Kai Quek, Relative Gains in the Shadow of a Trade War

New Issue: Asian Journal of International Law

The latest issue of the Asian Journal of International Law (Vol. 12, no. 1, July 2022) is out. Contents include:

• Notes and Comments
• Shin-ichi Ago, A Few Thoughts about the Concepts of International Administrative Tribunals and International Administrative Law
• Anne Trebilcock, Approaches to Discrimination Claims: A Comparison of the Administrative Tribunals of the Asian Development Bank and the Inter-American Development Bank Group
• Chris De Cooker, Proliferation of International Administrative Tribunals
• Raul C. Pangalangan, Judicial Review at the Asian Development Bank Administrative Tribunal
• Harsh Mahaseth & Samyuktha Banusekar, Living in the Shadows: Rohingya Refugees in Malaysia
• Articles
• Raphael Lorenzo A. Pangalangan, Command Responsibility in the Times of Tokhang: Defining Military-likeness under Article 28(a) of the Rome Statute
• Sujith Xavier, Locating and Situating Justice Pal: TWAIL, International Criminal Tribunals, and Judicial Powers
• Gabriel Garcia, Bienvenida China: The Role of International Economic Law in China's Economic Relations with Latin America and the Caribbean
• Yuxi Feng, Ancient China and the Responsibility to Protect: An Under-Studied Topic of Legal History
• Wenting Cheng, Intellectual Property and International Clean Technology Diffusion: Pathways and Prospects

Casolari & Gatti: The Application of EU Law Beyond Its Borders

Federico Casolari (Univ. of Bologna - Law) & Mauro Gatti (Univ. of Bologna - Law) have published The Application of EU Law Beyond Its Borders (CLEER Papers 2022/3). This volume is available open access. The table of contents is here. Here's a summary:

This publication is the result of work conducted at the 6th Jean Monnet Doctoral Workshop: The Extraterritorial Application of EU Law: A Contribution to its Global Reach. The Workshop sought to stimulate reflections on the application of EU law beyond its borders, by stressing its legal implications for EU external action and the EU legal order as a whole.

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 25, no. 2, June 2022) is out. Contents include:

• Special Issue: Racial Capitalism and International Economic Law
• James Thuo Gathii & Ntina Tzouvala, Racial Capitalism and International Economic Law: Introduction
• Donatella Alessandrini, Johanna del Pilar Cortes-Nieto, Luis Eslava & Anil Yilmaz Vastardis, The Dream of Formality: Racialization Otherwise and International Economic Law
• Ntina Tzouvala, Full Protection and Security (for Racial Capitalism)
• Michael Fakhri, Markets, Sovereignty, and Racialization
• Ernesto Hernández-López, Racializing Trade in Corn: México Fights Maíz Imports and GMOs
• Sujith Xavier, Amar Bhatia & Adrian A. Smith, Indebted Impunity and Violence in a Lesser State: Ethno-Racial Capitalism in Sri Lanka
• Kojo Koram, The Legalization of Cannabis and the Question of Reparations
• Christopher Gevers, Refiguring Slavery Through International Law: The 1926 Slavery Convention, the ‘Native Labor Code’ and Racial Capitalism
• Adelle Blackett, Racial Capitalism and the Contemporary International Law on Slavery: (Re)membering Hacienda Brasil Verde

Hollis, van Benthem, & Dias: Information Operations under International Law

Duncan B. Hollis (Temple Univ. - Law), Tsvetelina J van Benthem (Univ. of Oxford), & Talita Dias (Univ. of Oxford) have posted Information Operations under International Law (Vanderbilt Journal of Transnational Law, forthcoming). Here's the abstract:

Information operations (IOs) can be defined as the deployment of digital resources for cognitive purposes to change or reinforce attitudes or behaviors of the targeted audience in ways that align with the authors’ interests. While not a new phenomenon, these operations have become increasingly prominent and pervasive in today’s digital age, a trend that the ongoing war in Ukraine and the use of the internet for terrorist purposes tragically demonstrate. Against this backdrop, this paper critically assesses the existing international legal framework applicable to IOs. It makes three overarching claims. First, IOs can cause real and tangible harms to individual and state interests protected by international law. To prevent and remedy such harms, a robust and comprehensive legal framework constraining the use of IOs by both state and non-state actors becomes a necessity. Second, existing international law regulates IOs through a system of prohibitions, permissions, and requirements. In particular, the paper analyzes the extent to which international human rights law, the principles of non-intervention and sovereignty, and due diligence obligations apply to state and non-state uses of IOs. Third, the fact that existing international law captures some of the harms of IOs does not mean that this framework is sufficient or adequate. In fact, we argue that, in their current form, international rules on IOs are only partially effective given challenges relating to their (i) application; (ii) orientation; (iii) complexity; and (iv) enforcement in the context of information and communications technologies. While accepting that international law, both conventional and customary, already contains important protections against harmful IOs, our analysis aims to reignite a much-needed discussion of the merits and shortcomings that adopting a new regime tailored to IOs might produce.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 61, no. 4, August 2022) is out. Contents include:

• Maritime Delimitation in the Indian Ocean (Som. v. Kenya) (I.C.J.), with introductory note by Craig D. Gaver
• Big Brother Watch v. UK (Eur. Ct. H.R. Grand Chamber), with introductory note by Asaf Lubin
• Advisory Opinion 001/2020 on the Right to Participate in the Government of One's Country in the Context of an Election held During a Pandemic such as the COVID-19 Crisis (Afr. Ct. H.P.R.), with Introductory Note by Jacquelene Mwangi

Conference: The London Conference on International Law 2022

The London Conference on International Law 2022 will take place October 10-11. The theme is: "States in Emergency – International Law at a Time of Reckoning." The program is here. Registration is here. Early bird registration rates end on August 12.

Amirfar, Zamour, & Pickard: Representation of Member States at the United Nations: Recent Challenges

Catherine Amirfar (Debevoise & Plimpton LLP), Romain Zamour (Debevoise & Plimpton LLP), & Duncan Pickard (Debevoise & Plimpton LLP) have posted an ASIL Insight on Representation of Member States at the United Nations: Recent Challenges.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added the following materials to the UN Audiovisual Library of International Law: a mini-series on the Peaceful Settlement of International Disputes in Spanish by Marcelo Kohen, a lecture on The Responsibility of Armed Non-State Actors in Armed Conflicts in English by Annyssa Bellal and a lecture on Privileges and Immunities in Spanish by Ricardo Arredondo.

The Audiovisual Library of International Law is also available as a podcast on SoundCloud and can also be accessed through the relevant preinstalled applications on Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law.”

New Volume: New Zealand Yearbook of International Law

The latest volume of the New Zealand Yearbook of International Law (Vol. 17, 2019) is out. Contents include:

• Articles and Commentaries
• Lisa Rösler, The Interrelationship of International Anti-Corruption Policies in Europe
• Susanne Reindl-Krauskopf, The Role of the EC/EU in European Anti-Corruption Policy
• Natacha Wisstt, Anti-Corruption Initiatives in the Pacific Islands: The Effectiveness of International, Regional, and Domestic Frameworks for Anti-corruption in the Pacific
• Hannah Harris, Illegal Logging, Corruption and the Limitations of Destination Country Laws in the Pacific Context
• Jernej Letnar Černič & Christian Bukor, The Potential United Nations Business and Human Rights Treaty: Turning of the Tides of Justice?
• Otto Spijkers, Participation of Local Actors in the Governance of the Silala
• Claire McGeorge, Crimes against Humanity? A Critical Analysis of Article 1F(A) of the Refugee Convention in New Zealand
• Donna Lyons, Uncharted Waters: Navigating the Human Rights Committee’s Engagement of Article 6 in the Context of Climate Degradation
• The South Pacific
• Tony Angelo, Pacific Islands Forum 2019

New Issue: International Journal of Refugee Law

The latest issue of the International Journal of Refugee Law (Vol. 34, no. 1, March 2022) is out. Contents include:

• Joseph Lelliott, Unaccompanied Children in Limbo: The Causes and Consequences of Uncertain Legal Status
• Petra Sussner, Addressing Heteronormativity: The Not-So-Lost Requirement of Discretion in (Austrian) Asylum Law
• Danae F Georgoula, Building Walls at Sea: An Assessment of the Legality of the Greek Floating Barrier

New Issue: Journal of International Peacekeeping

The latest issue of the Journal of International Peacekeeping (Vol. 25, no. 2, 2022) is out. Contents include:

• Special Issue: Forum on Peace and Security: Russia’s Invasion of Ukraine
• T.D. Gill, The Jus ad Bellum and Russia’s “Special Military Operation” in Ukraine
• Sergey Sayapin, A Short Commentary Concerning Russia’s Invasion of Ukraine and the Jus in Bello
• Noëlle Quénivet, The Conflict in Ukraine and Genocide
• Rebecca Barber, What Does the ‘Responsibility to Protect’ Require of States in Ukraine?
• Rustam Atadjanov, Holding the Aggressor Accountable
• Tamsin Phillipa Paige, Mission: Impossible? Reforming the UN Charter to Limit the Veto
• Mason Richey & Leif-Eric Easley, Russia Attacks and the International Order Strikes Back

New Issue: International Journal of Transitional Justice

The latest issue of the International Journal of Transitional Justice (Vol. 16, no. 2, July 2022) is out. Contents include:

• Editorial
• Habib Nassar, Justice as Resistance: How Post-Arab Spring Experiences Are Reshaping the Global Transitional Justice Landscape
• Articles
• Pamina Firchow & Yvette Selim, Meaningful Engagement from the Bottom-Up? Taking Stock of Participation in Transitional Justice Processes
• Wilhelm Verwoerd, Alistair Little, & Brandon Hamber, Peace as Betrayal: On the Human Cost of Relational Peacebuilding in Transitional Contexts
• Johanna Mannergren Selimovic, The Stuff from the Siege: Transitional Justice and the Power of Everyday Objects in Museums
• Nicole Fox & David Cunningham, Transitional Justice in Public and Private: Truth Commission Narratives in Greensboro
• Mohamed Sesay, Decolonization of Postcolonial Africa: A Structural Justice Project More Radical than Transitional Justice
• Carla Cubillos-Vega, Alejandra Zúñiga-Fajuri, Ximena Faúndez Abarca, Dahiana Gamboa Morales, & José Gaete Fiscella, Evolution of the Conception of Justice within the Field of Transitional Justice in Post-dictatorial Chilean Society

Combs: Dissent and Legitimacy in International Criminal Law

Nancy Combs (William & Mary Law School) has posted Dissent and Legitimacy in International Criminal Law (Wake Forest Law Review, forthcoming). Here's the abstract:

Throughout history, dissenting opinions have been subject to soaring praise as well as vitriolic criticism. Although some commentators nominally acknowledge that the normative value of dissenting opinions necessarily varies depending on the unique context in which the relevant court operates, in fact we see the same arguments advanced to support or oppose dissenting opinions, regardless of the court in which those opinions appear. Dissents are particularly prevalent in international criminal courts—those courts established to prosecute the worst crimes known to humankind: genocide, war crimes, and crimes against humanity. Although dissents in these courts have garnered little scholarly attention, the few normative arguments that have been made track those that have been advanced for decades in the United States and other judicial systems. In a previous work, I launched a comprehensive empirical and normative analysis of separate opinions in international criminal law. Whereas my earlier scholarship laid the groundwork and evaluated certain alleged benefits of separate opinions, this article begins by empirically assessing their costs. The article then evaluates the primary normative claim made in support of separate opinions both domestically and internationally: that they enhance the legitimacy of the court and its opinions. These examinations reveal that previous commentators have employed one-size-fits-all analyses that fail to take account of the unique features of international criminal courts and mass atrocity trials. These features complicate the relationship between separate opinions and legitimacy, but the quantitative and qualitative evidence combined strongly suggest that separate opinions are likely to delegitimize an already fragile, vulnerable criminal justice system.

Rigney: Fairness and Rights in International Criminal Procedure

Sophie Rigney (Univ. of New South Wales - Indigenous Law Centre) has published Fairness and Rights in International Criminal Procedure (Edinburgh Univ. Press 2022). Here's the abstract:

Controversial cases such as the Karadžić trial and the Bemba acquittal have highlighted the importance of fairness in international criminal trials. Through an in-depth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Sophie Rigney shows that there is a clear separation between fairness and rights in practice.

Rigney demonstrates the various ways that fairness is invoked in international criminal law decisions – ways that are not always consistent, and are frequently at odds with defendants’ rights. She builds a new theoretical framework for understanding the concept and application of fairness and rights in international trials. In this way, she offers new paths for solving the problems currently plaguing those researching, designing, practising, adjudicating and being judged by international criminal law.

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 33, no. 1, February 2022) is out. Contents include:

• Editorial
• On My Way Out – Advice to Young Scholars VII: Taking Exams Seriously (Part 1); Vital Statistics; In This Issue; In This Issue – Reviews
• Symposium: International Law and Inequalities
• Anne van Aaken, Diane Desierto, Isabel Feichtner, Jan Klabbers, Doreen Lustig, Sarah M.H. Nouwen, & Joseph H.H. Weiler, Introduction: International Law and Inequalities
• Petra Weingerl & Matjaž Tratnik, Climbing the Wall around EU Citizenship: Has the Time Come to Align Third-Country Nationals with Intra-EU Migrants?
• Lorenzo Gradoni & Luca Pasquet, Voice under Domination: Notes on the Making and Significance of the United Nations Declaration on the Rights of Peasants
• David Schneiderman, International Investment Law and Discipline for the Indebted
• Johan Horst, Inequality, Law and Distribution in Transnational Financial Markets
• Donatella Alessandrini, A Not So ‘New Dawn’ for International Economic Law and Development: Towards a Social Reproduction Approach to GVCs
• Bernard Hoekman, On Trade Agreements and a Social Reproduction Approach to GVCs: A Reply to Donatella Alessandrini
• Dimitri Van Den Meerssche, Virtual Borders: International Law and the Elusive Inequalities of Algorithmic Association
• Shin-yi Peng, The Uneasy Interplay between Digital Inequality and International Economic Law
• Amrita Bahri & Daria Boklan, Not Just Sea Turtles, Let’s Protect Women Too: Invoking Public Morality Exception or Negotiating a New Gender Exception in Trade Agreements?
• Roaming Charges
• Lorenzo Gradoni, Blue Sky Thinking
• Review Essay
• Heike Krieger, Of Zombies, Witches and Wizards – Tales of Sovereignty
• Book Reviews
• Jason Beckett, reviewing Vijayashri Sripati, Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands
• Taylor St John, reviewing Nicolás Perrone, Investment Treaties and the Legal Imagination: How Foreign Investors Play by Their Own Rules
• Miriam Bak McKenna, reviewing Thomas Burri and Jamie Trinidad, The International Court of Justice and Decolonisation: New Directions from the Chagos Advisory Opinion
• Jörg Kammerhofer, reviewing Sondre Torp Helmersen, The Application of Teachings by the International Court of Justice
• Callum Musto, reviewing Esmé Shirlow, Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication
• The Last Page
• Charlotte Anna Perkins Gilman, The Anti-Suffragists

Sabel & Victor: Fixing the Climate: Strategies for an Uncertain World

Charles F. Sabel (Columbia Univ. - Law) & David G. Victor (Univ. of California, San Diego - School of Global Policy and Strategy) have published Fixing the Climate: Strategies for an Uncertain World (Princeton Univ. Press 2022). Here's the abstract:

Global climate diplomacy—from the Kyoto Protocol to the Paris Agreement—is not working. Despite decades of sustained negotiations by world leaders, the climate crisis continues to worsen. The solution is within our grasp—but we will not achieve it through top-down global treaties or grand bargains among nations.

Charles Sabel and David Victor explain why the profound transformations needed for deep cuts in emissions must arise locally, with government and business working together to experiment with new technologies, quickly learn the best solutions, and spread that information globally. Sabel and Victor show how some of the most iconic successes in environmental policy were products of this experimentalist approach to problem solving, such as the Montreal Protocol on the ozone layer, the rise of electric vehicles, and Europe’s success in controlling water pollution. They argue that the Paris Agreement is at best an umbrella under which local experimentation can push the technological frontier and help societies around the world learn how to deploy the technologies and policies needed to tackle this daunting global problem.

A visionary book that fundamentally reorients our thinking about the climate crisis, Fixing the Climate is a road map to institutional design that can finally lead to self-sustaining reductions in emissions that years of global diplomacy have failed to deliver.

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 36, no. 2, Summer 2022) is out. Contents include:

• Essay
• Eva Hilberg, The Terra Nullius of Intellectual Property
• Roundtable: Vulnerable Communities, Future Generations, and Political Representation in Climate Policy and Practice
• Morten Fibieger Byskov & Keith Hyams, Introduction: Representing Vulnerable Communities and Future Generations in the Face of Climate Change
• Simon Caney, Global Climate Governance, Short-Termism, and the Vulnerability of Future Generations
• Stephen M. Gardiner, On the Scope of Institutions for Future Generations: Defending an Expansive Global Constitutional Convention That Protects against Squandering Generations
• Colin Hickey, Climate Justice and Informal Representation
• Morten Fibieger Byskov & Keith Hyams, Who Should Represent Future Generations in Climate Planning?
• Marco Grix & Krushil Watene, Communities and Climate Change: Why Practices and Practitioners Matter
• Feature
• Gordon Arlen & Carlo Burelli, Getting Real about Taxes: Offshore Tax Sheltering and Realism's Ethic of Responsibility
• Review Essay
• Theresa Reinold, Holding International Organizations Accountable: Toward a Right to Justification in Global Governance?

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 20, no. 2, May 2022) is out. Contents include:

• Articles
• Darryl Robinson, Ecocide — Puzzles and Possibilities
• Albert Nell, A Rhetorical Reading of Self–Other Polarities in Counsel Arguments made before the Trials of Major Criminals at Nuremberg and Tokyo
• Florian Jeßberger & Leonie Steinl, Strategic Litigation in International Criminal Justice: Facilitating a View from Within
• Carla Ferstman & Marina Sharpe, Iran’s Arbitrary Detention of Foreign and Dual Nationals as Hostage-taking and Crimes Against Humanity
• Cases Before International Courts and Tribunals
• Miles Jackson, Causation and the Legal Character of Command Responsibility after Bemba at the International Criminal Court
• National Prosecution of International Crimes: Legislation and Cases
• Seunghyun Nam, Court Decisions in the Republic of Korea on Japan's Accountability for Sexual Slavery of the Comfort Women
• Jeremy Pizzi, Peddling Atrocity: Holding Canadian Corporations Responsible for Core International Crimes

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 94, 2022) is out. Contents include:

• Jurisditional Immunities Again
• Introduced by Serena Forlati and Pietro Franzina
• Karin Oellers-Frahm, Questions relating to the request for the indication of provisional measures in the case Germany v Italy
• Riccardo Pavoni, Germany versus Italy reloaded: Whither a human rights limitation to State immunity?
• Pierfrancesco Rossi, Italian courts and the evolution of the law of State immunity: A reassessment of Judgment no 238/2014
• Giulia Berrino, The impact of Article 43 of Decree-Law no 36/2022 on enforcement proceedings regarding German State-owned assets