The latest issue of the Virginia Journal of International Law (Vol. 63, no. 1, Fall 2022) is out. Contents include:
This chapter examines the genocide findings made by some Argentinian courts as a result of the widespread and severe human rights violations that occurred during the military dictatorship of 1976-1983. Based predominantly on a narrow selection of the travaux préparatoires and other documents predating the Genocide Convention (1948), as well as a decision from Spain’s Audiencia Nacional, Argentinian judges have held that the physical destruction of ‘political groups’ as such or effectively as a part of a national group falls within the definition of genocide as included in said Convention. This chapter reviews the travaux préparatoires of the Genocide Convention (1948) relevant to the protected groups and shows that the drafters did not envisage genocide against political groups directly or indirectly as part of a national group. Accordingly, these Argentinian cases do not withstand close academic scrutiny.
The relationship of African States with the permanent International Criminal Court (ICC) is critical to the continued success of the ICC and the development of international criminal law. One of the main criticisms of the ICC, by some African States, has centered on the question of how best to sequence peace with justice, or justice with peace, in situations of ongoing conflict such as in Uganda and Sudan. This paper examines the history of the peace-justice clash on the African continent in the context of the 2019 Assembly of States Parties mandated process of ICC reform, taking into account the ICC Office of the Prosecutor’s (OTP) policy paper on the interests of justice. Regrettably, despite the longstanding African State Party concern about the peace-justice interface, the September 2020 ICC independent expert report produced for the Assembly of States Parties missed the opportunity to expressly address this important issue. The author submits that, while the OTP appears to have embraced a more nuanced view of the interests of retributive justice and how they relate to the interests of sustainable peace, it maybe timely for the formal ICC review process to consider how to bring further clarity to resolution of this issue in the context of the ongoing ICC reform discussions. Formally giving the OTP some guidance on how to balance the interests of justice considerations after it begins a formal investigation into a situation should help limit some of the criticisms directed towards the ICC as it engages in the challenging task of dispensing justice for victims of atrocity crimes in Africa and other parts of the world.
This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.
The latest issue of Transnational Environmental Law (Vol. 11, no. 3, November 2022) is out. Contents include:
The latest issue of the International Journal of Refugee Law (Vol. 34, no. 2, June 2022) is out. Contents include:
This essay takes up the question of what it is to teach international law ‘in context’, drawing on experiences of teaching undergraduate survey courses in the US and UK, and designing a new LLM module on Histories of International Law. The essay begins with an exploration of teaching as a particular context of its own – one with constraints which might also function as foils for creativity. It then sketches some aspects of what teaching international law ‘in context(s)’ might involve, including the ways in which contexts of different kinds put in question one's theory of law, and vice versa. It turns, finally, to an examination of the promise and limits of interdisciplinarity – particularly recourse to history as a discipline – in illuminating contexts.
O livro Direito Internacional dos Direitos Humanos e as pessoas em situação de vulnerabilidade (vol. 3) aborda questões atuais relacionadas com a proteção global e geral dos direitos humanos, a proteção específica dos migrantes, a proteção regional dos direitos humanos, bem como o impacto do direito internacional dos direitos humanos no âmbito doméstico. Trata-se uma obra que conta com 21 artigos científicos, de autoria de discentes da graduação e pós-graduação em Direito da Universidade Federal do Rio Grande do Norte (UFRN), além de artigos, entre outros, de professores/pesquisadores do Centro Universitário do Estado do Pará (CESUPA), da Universidade Federal do Maranhão (UFMA), da Universidade Federal da Paraíba (UFPB), da Universidade Estadual de Londrina (UEL), da Universidade Federal de Uberlândia (MG), da Universidade Municipal de São Caetano do Sul (USCS), do Centro Universitário Antônio Eufrásio de Toledo de Presidente Prudente e da Universidade Lusófona do Porto (Portugal).
Recent studies on international law and liberalism have shown convincingly that both liberal internationalism and international law have played a central role in the international politics of Latin America and that Latin American countries have contributed to the consolidation of multilateralism and the Liberal International Order (LIO). Yet, the connections between the institutionalisation of international law and the rise of liberal internationalism in the region have tended to be overlooked. This article examines the genealogy of these connections, focusing on the emergence of two contending legal traditions, a solidarist liberal internationalist tradition and a pluralist and political one. The article argues that the emergence of these opposing legal traditions across the region have had a contradictory impact on the formation of the LIO, contributing to its emergence and consolidation by promoting multilateralism, and to challenging and revising some of its fundamentals when stressing a strong attachment to absolute non-intervention.
The latest issue of the Journal of Conflict Resolution (Vol. 67, no. 1, January 2023) is out. Contents include:
The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 21, no. 3, 2022) is out. Contents include:
The latest issue of the International Organizations Law Review (Vol. 19, no. 2, 2022) is out. Contents include:
This article develops a new conceptual framework designed to critically study how locality and transversal power relations structure activity and developments in the global field of international criminal justice. The framework is built around the concept of “justice sites,” defined as localities in which organized and social labor—in this case, working with international criminal justice—takes place. The potential effects of social labor performed in specific sites of justice are structured partly by their locality and the resources to which it gives access and partly by their structural position in wider transversal chains of cooperation and competition that cut across different globalized and national fields. In addition to structuring the connections between justice sites, transversal power relations link sites of justice to “practice sites” embedded in other fields in which localized, social labor is not routinely engaged with international criminal justice. Such linkages demonstrate how the framework, developed to study how locality and transversal relations shape the fight against atrocity crimes, can also be used to investigate sites engaged in and across other globalized and national fields of justice, law, governance, and security.
