Monday, September 25, 2017

Costelloe: Legal Consequences of Peremptory Norms in International Law

Daniel Costelloe (Wilmer Cutler Pickering Hale and Dorr LLP) has published Legal Consequences of Peremptory Norms in International Law (Cambridge Univ. Press 2017). Here's the abstract:
When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.

Harrison: Saving the Oceans Through Law: The International Legal Framework for the Protection of the Marine Environment

James Harrison (Univ. of Edinburgh - Law) has published Saving the Oceans Through Law: The International Legal Framework for the Protection of the Marine Environment (Oxford Univ. Press 2017). Here's the abstract:

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance.

Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

New Volume: The Global Community: Yearbook of International Law and Jurisprudence

The latest volume of The Global Community: Yearbook of International Law and Jurisprudence (Vol. 2016) is out. Contents include:
  • Editorial
    • Giuliana Ziccardi Capaldo, Novelty in ECtHR Case Law on Torture, But It Is Not Enough-Reopening Domestic Proceedings to End Impunity
  • Articles
    • Steven W. Becker, Post-Conviction DNA Testing, Actual Innocence, and Cold Cases: A Practitioner's Guide to Freeing the Innocent, Exhuming the Past, and Resurrecting the Truth-Making a Case for Seeking Justice over Finality
    • Valsamis Mitsilegas, Transnational Criminal Law and the Global Rule of Law
  • Notes and Comments
    • Francesca Ippolito, Mainstreaming Human Rights in Euro Med Bilateral Relations: "The Road to Hell Is Paved with Good Intentions"
    • Robert Kolb, Réflexions sur le Monisme et le Dualisme dans les Rapports entre Systèmes
    • Anna Oriolo, The Zuchtvieh-Export GmbH v. Stadt Kempten Case -The Triggering of a Substantial Link to 'Export' EU Animal Welfare Law?
    • Karen C. Sokol, Rethinking Rights in the Age of the "Anthropocene": The Potential of a Gandhian-Informed Jurisprudence for Forging Robust Environmental and Public Health Protections
  • In Focus: Global Policies and Law
    • Leonardo Borlini, Subsidies Regulation Beyond the WTO: Substance, Procedure and Policy Space in the 'New Generation' EU Trade Agreements
    • Hans Köchler, Normative Inconsistencies in the State System with Special Emphasis on International Law
    • Shavana Musa, Globalising Security Law for a Globalised Arms Trade
  • Forum - Jurisprudential Cross-Fertilization: An Annual Overview
    • Antônio Augusto Cançado Trindade, Contemporary International Tribunals: Jurisprudential Cross-Fertilization in Their Common Mission of Realization of Justice
    • Daniel Gervais, The WTO Appellate Body and the TRIPS Agreement
    • Oreste Pollicino & Marco Bassini, Bridge Is Down, Data Truck Can't Get Through . . . A Critical View of the Schrems Judgment in the Context of European Constitutionalism

Sunday, September 24, 2017

Borlini & Dordi: Deepening International Systems of Subsidy Control: The (Different) Legal Regimes of Subsidies in the EU Bilateral Preferential Trade Agreements

Leonardo Borlini (Bocconi Univ.) & Claudio Dordi (Bocconi Univ.) have published Deepening International Systems of Subsidy Control: The (Different) Legal Regimes of Subsidies in the EU Bilateral Preferential Trade Agreements (Columbia Journal of European Law, Vol. 23, no. 3, pp. 551-606, 2017). Here’s the abstract:
An increasingly important aspect of EU external action and trade policy since the lifting of its self-imposed moratorium on preferential trade agreements (PTAs) has been the inclusion of WTO+ provisions on non-agricultural subsidies in bilateral agreements negotiated with a number ofcountries. These provisions are generally designed to achieve a range of objectives, related to developing trade between the contracting parties and to economic and legal/regulatory development within the partner State. However the resulting legal framework is rather fragmented, especially after the conclusion of recent PTAs like the Comprehensive Economic Trade Agreement (CETA) and the EUSingapore PTA. This Article aims at producing a comprehensive discussion of the different subsidies disciplines embodied in the EU bilateral agreements. Part I identifies four main groups of EU bilateral agreements-agreements with candidates and potential candidates; agreements with former Soviet Union States and Euro- Mediterranean agreements; early agreements with selected trade partners; 'second generation' trade agreements-and examines how such agreements have increasingly been used as an avenue to strengthen subsidies disciplines as substitutes for trade remedy measures, while investigating the determinants that conducted the EU and its several partners to intensify in a selective manner (i.e. not in all the relevant PTAs), the scope of the WTO SCM agreement. Part II of the Article first investigates the normative rationales of the discipline in question and its influence on the operation of the relevant rules. It then turns to assess the main problems concerning the possibility of designing a rigorous system of subsidy control in the context of EU bilateral trade relations and the interpretation of the key notions ofsuch regimes. Finally, it analyses the enforcement mechanisms and the trade remedial measures established by the different classes of PTAs. Against such analytical backdrop, the article formulates a number of conclusions on the substance and procedure of the EU PTAs' regimes on public aid. Most notably, it argues that only the discipline established by some of such agreements substantially improves the multilateral framework and reflects the constitutional settlement that should feature in any wellbalanced system ofsubsidy control-that is to say the prohibition of measures impairing market access and the functioning of competition, combined with the recognition of the legitimacy of those subsidies pursuing social and other (economic and noneconomic) public goals. In practice, this means that such agreements recover afundamental 'policy space, 'which is currently absent in the WTO SCM. On the procedural side, the article maintains that the enforcement mechanisms and the remedial measures vary considerably with the different PTAs; this, of course, influences also the actual enforceability of the same rules.

Colloquium: International Investment Law & the Law of Armed Conflict

The Athens Public International Law Center of the National and Kapodistrian University of Athens Faculty of Law, the French National Centre for Scientific Research (CNRS), the Research Center on Procurement law and International Investments (CREDIMI) of the University of Burgundy, and the Faculty of Law of the University of Zaragoza, and with the support of the ESIL Interest Group on International Economic Law, will hold a colloquium on "International Investment Law & the Law of Armed Conflict," October 5-6, 2017, in Athens. The program is here. Here's the idea:
Recent events in Syria, Yemen, Libya and Crimea have (unsurprisingly) brought to the surface various systemic concerns regarding international investment protection and arbitration. Investment claims and scholarly literature increasingly illustrate the wide-ranging linkages between international investment law and the law of armed conflict. Hence, the Colloquium on ‘International Investment Law & the Law of Armed Conflict’, aiming to chart the terrain of this multifaceted and complex relationship, could not be more timely.

Call for Papers: Law and Society Association/Canadian Law and Society Association

The Law and Society Association and the Canadian Law and Society Association have issued a call for papers for a joint annual meeting, which will be held in Toronto. The theme is: "Law at the Crossroads/Le droit à la croisée des chemins." The call is here.

Symposium: Repensando y renovando el estudio del Derecho Internacional: el Derecho Internacional dentro, desde y sobre América Latina

On September 26-28, 2017, the Universidad de los Andes, the Universidad del Rosario, and the Universidad Externado de Colombia will hold a symposium on "Repensando y renovando el estudio del Derecho Internacional: el Derecho Internacional dentro, desde y sobre América Latina." The program is here.

New Issue: Review of International Studies

The latest issue of the Review of International Studies (Vol. 43, no. 4, October 2017) is out. Contents include:
  • Forum: Linklater’s Violence and Civilization in the Western States-Systems
    • John M. Hobson, A critical-sympathetic introduction to Linklater’s odyssey: Bridge over troubled (Eurocentric?) water
    • Zeynep Gülşah Çapan, Writing International Relations from the invisible side of the abyssal line
    • Julian Go, ‘Civilization’ and its subalterns
    • L.H.M. Ling, The missing Other: a review of Linklater’s Violence and Civilization in the Western States-System
    • Alan Chong, Civilisations and harm: the politics of civilising processes between the West and the non-West
    • Stephen Mennell, Norbert Elias’s contribution to Andrew Linklater’s contribution to International Relations
    • George Lawson, The untimely historical sociologist
    • Tim Dunne & Richard Devetak, Civilising statecraft: Andrew Linklater and comparative sociologies of states-systems
    • Andrew Linklater, Process sociology, the English School, and postcolonialism – understanding ‘civilization’ and world politics: a reply to the critics
  • Articles
    • Roberto Frega, Pragmatism and democracy in a global world
    • Samuel Brazys & Alexander Dukalskis, Canary in the coal mine? China, the UNGA, and the changing world order
    • Randall Germain & Herman Mark Schwartz, The political economy of currency internationalisation: the case of the RMB

Carrai: Learning Western Techniques of Empire: Republican China and the New Legal Framework for Managing Tibet

Maria Adele Carrai (Princeton-Harvard China and the World Program) has posted Learning Western Techniques of Empire: Republican China and the New Legal Framework for Managing Tibet (Leiden Journal of International Law, forthcoming). Here is the abstract:
At the end of the nineteenth century, China found itself torn between its imperial past and its nation-state future. By the time it became a Republic in 1911, China had to redefine its territory in new national sovereign terms. Until then its territory had been inscribed in more malleable frontiers and boundaries within the normative framework of the so-called ‘tribute system’. The article shows how, applying the new legal techniques of empire learned from the West, the Chinese central government, wherever possible, attempted to expand its new sovereign domain in territories like Tibet, Xinjiang, and Mongolia, where, according to international law, all the prerequisites existed for national self-determination and independence. In the context of opposing British and Tibetan claims, the Chinese appropriation of international law in the Republican period (1911–1949) helped China not only to assert itself in the international domain as a sovereign state, defending itself against Western imperialism, but also to pursue its own fictional imperial claims over Tibet, without which the Communists’ ‘liberation’ of Tibet would have not been possible. The paper highlights the interplay of imperial techniques based on international law, the relativity of this legal language, and how the strategies of empire are not only a prerogative of the West, but can be quickly adopted by those who have been subjected to them, resulting in a vicious circle.

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

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 17, no. 5, October 2017) is out. Contents include:
  • Gurdial Singh Nijar, Sélim Louafi, & Eric W. Welch, The implementation of the Nagoya ABS Protocol for the research sector: experience and challenges
  • Till Pistorius, Sabine Reinecke, & Astrid Carrapatoso, A historical institutionalist view on merging LULUCF and REDD+ in a post-2020 climate agreement
  • Caleb Gallemore, Transaction costs in the evolution of transnational polycentric governance
  • Piero Morseletto, Frank Biermann, & Philipp Pattberg, Governing by targets: reductio ad unum and evolution of the two-degree climate target
  • Lei Xie & Shaofeng Jia, Diplomatic water cooperation: the case of Sino-India dispute over Brahmaputra
  • Adelaide Glover & Heike Schroeder, Legitimacy in REDD+ governance in Indonesia
  • S. Yu, E. C. van Ierland, H.-P. Weikard, & X. Zhu, Nash bargaining solutions for international climate agreements under different sets of bargaining weights
  • Irene Alvarado-Quesada & Hans-Peter Weikard, International Environmental Agreements for biodiversity conservation: a game-theoretic analysis

Saturday, September 23, 2017

New Issue: International Relations

The latest issue of International Relations (Vol. 31, no. 3, September 2017) is out. Contents include:
  • William Bain & Terry Nardin, International relations and intellectual history
  • Chris Brown, Political Thought, International Relations theory and International Political Theory: an interpretation
  • Ian Hall, The history of international thought and International Relations theory: from context to interpretation
  • Richard Devetak, ‘The battle is all there is’: philosophy and history in International Relations theory
  • Jennifer Pitts, International relations and the critical history of International Law
  • Sinja Graf, ‘A wrong done to mankind’: colonial perspectives on the notion of universal crime
  • David C Hendrickson, American diplomatic history and international thought: a constitutional perspective
  • Edward Keene, International intellectual history and International Relations: contexts, canons and mediocrities
  • Terry Nardin, Kant’s republican theory of justice and international relations

Lobba & Mariniello: Judicial Dialogue on Human Rights: The Practice of International Criminal Tribunals

Paolo Lobba (Univ. of Bologna) & Triestino Mariniello (Edge Hill Univ.) have published Judicial Dialogue on Human Rights: The Practice of International Criminal Tribunals (Brill | Nijhoff 2017). Contents include:
  • Paulo Pinto de Albuquerque, Foreword
  • Paolo Lobba & Triestino Mariniello, The Grammar of the Judicial Dialogue between International Criminal Tribunals and the European Court: Introductory Remarks
  • Sergey Vasiliev, Cross-Fertilisation under the Look of Glass: Transjudicial Grammar and Reception of Strasbourg Jurisprudence by International Criminal Tribunals
  • Julia Geneuss, ‘Directory Authority’: Fertilising International Criminal Tribunals’ Human Rights Standards with European Court of Human Rights’ Case Law
  • Christoph Burchard, Judicial Dialogue in Light of Comparative Criminal Law and Justice
  • Volker Nerlich, Article 21 (3) of the ICC Statute: Identifying and Applying ‘Internationally Recognized Human Rights’
  • Christophe Deprez, Article 21(3) of the ICC Statute and ‘Internationally Recognized Human Rights’ as a Source of Mandatory Judicial Dialogue
  • Frauke Sauerwein, Beyond Anecdotal Reference: A Quantitative Assessment of ICTY References to the Jurisprudence of the ECtHR
  • Damien Scalia, The Nulla Poena Sine Lege: A Symptomatic Sign of Interactions between Strasbourg and The Hague
  • Giulio Vanacore, Critical Remarks on the Accessibility/Foreseeability Standard as Applied in International Criminal Justice
  • Alice Riccardi, The Judicial Dialogue between the ECtHR and the ad hoc Tribunals on the Right to Rehabilitation of Offenders
  • Elena Maculan, Judicial Dialogue and the Definition of Torture: The Importation of ICTs from European Jurisprudence
  • Elizabeth Santalla Vargas, Confronting the Divergent Notions of Torture and Other-Ill Treatment under the Rome Statute through the Lens of Cumulative Conviction
  • Yvonne McDermott, Absent Witnesses and the Right to Confrontation: The Influence of the Jurisprudence of the European Court of Human Rights on International Criminal Law
  • Yael Vias Gvirsman, The Special Court for Sierra Leone’s Misapplication of the European Court of Human Rights Case Law on Hearsay Evidence and Corroboration: The Taylor Appeal Judgment and the Al Khawaja and Tahery Case
  • Paolo Caroli, The Interaction between the International Criminal Court and the European Court of Human Rights—The Right to the Truth for Victims of Serious Violations of Human Rights: The Importation of a New Right?
  • Kerstin Braun, Self- or Cross-Fertilisation? Referencing ECtHR Jurisprudence to Justify Victim Participation at the ICC

Job Opening: Watson Institute at Brown University (Postdoctoral Fellows)

The Watson Institute for International and Public Affairs at Brown University has issued a call for applications for its Postdoctoral Fellows Program. The advertisement is here.

Friday, September 22, 2017

d'Aspremont: International Lawyers and Legal Forms: Transatlantic Denials

Jean d'Aspremont (Univ. of Manchester - Law; Sciences Po - Law) has posted International Lawyers and Legal Forms: Transatlantic Denials (in Concepts on International Law in Europe and the United States, Chiara Giorgetti & Guglielmo Verdirame eds., forthcoming). Here's the abstract:

Whilst in a constant quest for the sophistication of their craft, international lawyers relish simplistic repetitive narratives. They continuously represent the world that they inhabit as undergoing cataclysmic changes calling for the intervention of international law, itself portrayed as being in a state of crisis and in need of renewal. It is noteworthy that international lawyers’ simplistic narratives are not limited to the image they want to project about the world and international law. Their simplistic historical narratives also pertain to the way in which they represent themselves as a group of professionals and the configuration thereof. Indeed, when it comes to representing themselves, international lawyers generally indulge in some Manichaeism of sort as they portray their discipline as fractured along very binary lines: the centre versus the periphery, orthodoxy versus self-reflectivity, reform versus rehabilitation, the critical versus the non-critical, the scholars versus the practitioners, the idealists versus the realists, the autonomists versus the pluralists, the unitarians versus the fragmenters, etc.

This chapter grapples with one of these mundane self-representations, namely the narrative that pits formalists against non-formalists and that locates the dividing line between them somewhere in the Atlantic Ocean. It particularly seeks to challenge the common assumption among international lawyers according to which Europeans are more wedded to formalism than their American counterparts who, as the story goes, have successfully emancipated themselves from the straightjackets of legal forms. The following sections thus take issue with this common self-representation whereby the Europeans are the (naive) believers in formalism and the Americans the (realistic) deniers of formalism. Such a narrative, it is argued here, does not do justice to the subtle and complex role ascribed to legal forms on each side of the Atlantic. This chapter accordingly sheds light on the two deceptive dimensions of this common narrative about formalism with the aim of showing that both Europeans and Americans continue to demonstrate attachment to legal forms, the only significant differences between them lying in the way in which they seek to re-invent formalism and the role of legal forms. This chapter ultimately makes the point that both American and European international lawyers live in denial of their continuous engagement with legal forms.

Nuzzo: Tackling Diversity Inside WTO: The GATT Moral Clause after Colombia – Textiles

Silvia Nuzzo (Scuola Superiore Sant'Anna) has published Tackling Diversity Inside WTO: The GATT Moral Clause after Colombia – Textiles (European Journal of Legal Studies, Vol. 10, no. 1, Autumn 2017). Here's the abstract:
After lying dormant for more than five decades, WTO 'public morals' exceptions have been more frequently invoked in recent times. During the last fifteen years, the number of disputes settled through the application of GATT 1994 Art. XX(a) and the homologue GATS Art. XIV has gone from zero to four – and it is likely to keep growing. This could be partially due to WTO expanding membership which facilitates trade connections between countries with different, sometimes opposite cultural and social backgrounds. The interpretation and application of the moral clause entail difficult challenges for WTO Panels and for the Appellate Body (AB). They are called to find a balance not only between trade and non-trade values, but also and most of all between WTO Members' regulatory autonomy and their standard of review. However, WTO case law shows an ongoing struggle to find the best way to accomplish this task. Moving on from the analysis of the Colombia – Textiles dispute, this article will discuss the judicial application of the 'moral clause'. It will compare Colombia – Textiles with the former case law, paying particular attention to some crucial aspects of the AB's legal reasoning in Colombia – Textiles and their potential implications for future case law.

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 32, no. 3, 2017) is out. Contents include:
  • Robin Churchill, Dispute Settlement in the Law of the Sea: Survey for 2015, Part II and 2016
  • Michael W. Lodge; Kathleen Segerson & Dale Squires, Sharing and Preserving the Resources in the Deep Sea: Challenges for the International Seabed Authority
  • Yoshifumi Tanaka, Reflections on Historic Rights in the South China Sea Arbitration (Merits)
  • Alexander Lott, The Estonian-Russian Territorial Sea Boundary Delimitation in the Gulf of Finland
  • Ran Guo, China’s Maritime Silk Road Initiative and the Protection of Underwater Cultural Heritage
  • Abdullah Al Arif, Legal Status of Maximum Sustainable Yield Concept in International Fisheries Law and Its Adoption in the Marine Fisheries Regime of Bangladesh: A Critical Analysis
  • Vasco Becker-Weinberg, Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction
  • Gabriela A. Oanta, The European Union’s Reform of Deep-Sea Fisheries in the North-East Atlantic

Wednesday, September 20, 2017

Zhang: China’s Approach in Drafting the Investor–State Arbitration Clause: A Review from the ‘Belt and Road’ Regions’ Perspective

Shu Zhang (Deakin Univ. - Law) has published China’s Approach in Drafting the Investor–State Arbitration Clause: A Review from the ‘Belt and Road’ Regions’ Perspective (Chinese Journal of Comparative Law, Vol. 5, no. 1, pp. 79–109, 2017). Here's the abstract:
Investor–State arbitration (ISA) is now a hot topic in China and among its trade and investment partners. The number of ISA cases is still small, and doubts are still widespread at the policy-making level and among scholars. In particular, the drafting and practice of China’s ISA clauses is not flawless in supporting investors in ISA or in defending their national interests as a host country. This article aims to review the main aspects of China’s approach in drafting ISA clauses in the context of the One Belt, One Road Initiative (OBORI). It reviews ISA clauses in bilateral investment treaties and other international investment agreements between China and the One Belt and One Road (OBOR) region countries and discusses the relevant legal issues and controversies. Issues covered include: different generations of ISA clauses, the scope of arbitrable disputes, applicable law, the choice of arbitration institutions, procedural arrangements, the enforcement of arbitral awards, the impact of transition clauses, and so on. Based on the review and analysis of these issues, divergence is identified in the currently existing ISA clauses between China and the OBOR regions, although some degree of policy convergence can be found in a few of the most recent international investment agreements. It is both a challenge and an opportunity for China to learn from its previous experience with ISA clauses and to integrate its treaty-making approach in the context of the OBORI. A more adaptable Model ISA clause and a more consistent approach to the drafting of ISA clauses would benefit both China and its trade and investment partners.

Job Opening: PluriCourts (Postdoctoral Fellowships)

PluriCourts at the University of Oslo invites applications for up to two 2-year Postdoctoral Fellowships in Political Philosophy or Legal Theory on the legitimacy of International Courts and Tribunals. The advertisement is here.

Roscini: Animals and the Law of Armed Conflict

Marco Roscini (Univ. of Westminster - Law) has posted Animals and the Law of Armed Conflict (Israel Yearbook on Human Rights, Vol. 47, pp. 35-67, 2017). Here's the abstract:
In spite of the wide use of animals for military purposes, the law of armed conflict has almost exclusively focused on the protection of human beings. The present article is the first ever in-depth study of how the law of armed conflict applies to animals and fills a serious gap in the literature. The problem has become of great significance in the light of the public opinion’s increasing sensibility towards animal welfare and the emergence of animal rights theories. The main purposes of this article, then, are to assess whether the existing rules of the law of armed conflict provide adequate protection to animals and to highlight the fault lines in the law. The article distinguishes the general provisions of the law of armed conflict, i.e. those that were not adopted with specific regard to animals but the application of which might restrict the killing and injuring of animals, from the provisions that specifically provide protection to animals. The analysis essentially focuses on the killing and injuring of animals in the conduct of hostilities, and only incidentally refers to the exploitation of natural resources, pillage, and seizure of property in occupied territories.

Ngameni: La diffusion du droit international pénal dans les ordres juridiques africains

Herman Blaise Ngameni has published La diffusion du droit international pénal dans les ordres juridiques africains (L'Harmattan 2017). Here's the abstract:
L'Afrique est le terrain de prédilection du pluralisme juridique qui favorise la juxtaposition de l'ordre juridique moderne et l'ordre juridique traditionnel. L'articulation du droit international pénal avec les ordres juridiques africains est une condition de sa diffusion. Il importe pour les Etats africains de favoriser une coopération effective avec les juridictions pénales internationales qui ne sera possible qu'au sein de régimes politiques démocratiques. Ceci est nécessaire pour un véritable universalisme du droit international pénal.

Call for Papers: Turkey and International Law: History, Present and Future

The Center for Global Public Law at Koç University Law School has issued a call for papers for a workshop on "Turkey and International Law: History, Present and Future." Here's the call:

Call for Papers

‘Turkey and International Law: History, Present and Future’

Date: 14 December Thursday

Koç University, İstanbul

Call for Papers

International law’s encounters with Turkey and Turkey’s encounters with international law have a long-standing and rich history. Ranging from the Ottoman Empire’s history of treaty engagement with the Concert of Europe states to the Treaty of Lausanne that underpins the international legal personality of the Turkish Republic, and from arguably one of the most cited cases of the Permanent Court of International Justice, Lotus/Bozkurt, to the development of the jurisprudence of the European Court of Human Rights through Turkish cases, Turkey is ever present in international law. Yet, scholarship that takes a comprehensive look at international law’s encounter with Turkey and Turkey’s encounter with international law is underdeveloped. This workshop aims to contribute to a better understanding of Turkey’s engagement with international law by asking the ‘Turkey’ question in international law. How has Turkey contributed to international law and how has international law shaped Turkey’s encounters with international relations, law and legal reasoning? Is there a Turkish approach to international law and if so, what are the core features and markers of such an approach?

With this dual research question in mind, Center for Global Public Law of Koç University invites submissions from international law, international history, international relations and domestic law scholars assessing the two-way relationship between Turkey and international law. We therefore encourage paper proposals to address at least one of two interrelated themes below:

A) Turkish approaches to international law: Turkish perspectives on the history, theory, sources, doctrine, branches and teaching of international law (in scholarship, domestic judicial pronouncements and political discourse).

B) Turkey’s role in shaping international law: Turkey's contribution to international custom, treaties and doctrine.

We encourage papers to look beyond specific cases and instead offer theoretical accounts and aggregate perspectives. The workshop also welcomes submissions that focus on a particular historic period of engagement, including engagement during the Ottoman Empire with international law, or papers that focus on a particular branch or field of international law, for example, Turkey’s engagement with international law of the sea, international trade law, international human rights law, international law of state responsibility, or international law on the use of force. The workshop invites papers to develop theoretical takes on the relationship between Turkey and international law. It also encourages inter-disciplinary approaches.

Application Process

We invite submissions of paper abstracts of 500 words alongside a one page brief CV in one single document. The selection process will be based on the relevance of the proposal to the theme of the workshop as outlined above and its scholarly merit. The language of the workshop will be Turkish and English. Please indicate your language preference with respect to delivery.

Applications should be submitted by 1 November 2017 to kuremer@ku.edu.tr.

All applicants will be notified of the outcome of the selection process by 15 November 2017. Outline of papers are due by 10 December 2017.

Center for Global Public Law will be able to cover one night accomodation in Istanbul, economy air fare for those that do not receive support from their own institutions.

All paper givers are invited to the official workshop dinnner on 14 December 2017, Thursday.

Call for Submissions: The Military Law and the Law of War Review

The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre has issued a call for submissions for its upcoming issue (55/2). Here's the call:

The Military Law and the Law of War Review

Call for Papers

The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre is a journal specialised in matters of interest for both civilian and military legal advisors as well as legal scholars and academics. Published since 1962, it is among the oldest publications at the international level in the areas of military/security law and the law of war. For decades, the Review has been an important forum of discussion for scholars and practitioners from all over the world.

The Review is published under the auspices of the International Society for Military Law and the Law of War. It features original and challenging articles, case notes, commentaries of the latest legal developments, as well as book reviews. As a distinct trait, it accepts contributions in six languages: English, French, German, Spanish, Italian and Dutch.

For its coming issue (vol. 55/2), the Review’s editorial board welcomes submissions from scholars and practitioners that come within the broader scope of the Review (including military law, law of armed conflict, law on the use of force, as well as international criminal law and human rights law (inasmuch as related to situations of armed conflict)).

The deadline for submission is 15 November 2017.

Submissions should be sent by e-mail to brussels@ismllw.org and will be subject to double-blind peer review. Articles should normally not be longer than 15.000 words (footnotes included), although longer pieces may exceptionally be considered. Inquiries as to whether a possible submission comes within the scope of the Review can be sent to the abovementioned e-mail address.

Selected papers will be published online on the Review’s website in advance access (in a non-downloadable and non-printable form) as well as on Hein Online following editing and type-setting. The print version of the issue is scheduled to come out in Spring 2018.

Sikkink: Evidence for Hope: Making Human Rights Work in the 21st Century

Kathryn Sikkink (Harvard Univ. - Kennedy School of Government) has published Evidence for Hope: Making Human Rights Work in the 21st Century (Princeton Univ. Press 2017). Here's the abstract:

Evidence for Hope makes the case that, yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. They point out that Guantánamo is still open, the Arab Spring protests have been crushed, and governments are cracking down on NGOs everywhere. But respected human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to pessimistic doubts about human rights laws and institutions. She demonstrates that change comes slowly and as the result of struggle, but in the long term, human rights movements have been vastly effective.

Attacks on the human rights movement’s credibility are based on the faulty premise that human rights ideas emerged in North America and Europe and were imposed on developing southern nations. Starting in the 1940s, Latin American leaders and activists were actually early advocates for the international protection of human rights. Sikkink shows that activists and scholars disagree about the efficacy of human rights because they use different yardsticks to measure progress. Comparing the present to the past, she shows that genocide and violence against civilians have declined over time, while access to healthcare and education has increased dramatically. Cognitive and news biases contribute to pervasive cynicism, but Sikkink’s investigation into past and current trends indicates that human rights is not in its twilight. Instead, this is a period of vibrant activism that has made impressive improvements in human well-being.

Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how these essential advances can be supported and sustained for decades to come.

Tuesday, September 19, 2017

Bürli: Third-Party Interventions Before the European Court of Human Rights

Nicole Bürli (World Organisation Against Torture) has published Third-Party Interventions Before the European Court of Human Rights (Intersentia 2017). Here's the abstract:

Over the past decades the European Court of Human Rights has been increasingly engaged in constitutional decision-making. In this time the Court has decided whether abortion, assisted suicide, and surrogate motherhood are human rights. The Court’s judgments therefore do not just affect the parties to a particular case, but individuals, other member states, and often European society at large. Unsurprisingly, a variety of entities such as non-governmental organisations, try to participate in the Court’s proceedings as third-party interveners. Acknowledging a certain public interest in its decision-making, the Court accepted the first intervention in 1979. Since that time, interventions by individuals, member states and non-governmental organisations have increased. Yet despite this long-standing practice, third-party interventions have never been fully theorised.

Third-Party Interventions before the European Court of Human Rights is the first comprehensive and empirical study on third-party interventions before an international court. Analysing all cases between 1979 and 2016 to which an intervention was made the book explores their potential influence on the reasoning and decision-making of the Court. It further argues that there are three different type of intervention playing different roles in the administration of justice: amicus curiae interventions by organisations with a virtual interest in the case which strengthen the Court’s legitimacy in its democratic environment; member state interventions reinforcing state sovereignty; and actual third-party interventions by individuals who are involved in the facts of a case and who are protecting their own legal interests. As a consequence, the book makes a plea for applying distinct admissibility criteria to the different type of interventions as well as a more transparent procedure when accepting and denying interventions.

Frei, Stahl, & Weinke: Human Rights and Humanitarian Intervention: Legitimizing the Use of Force since the 1970s

Norbert Frei (Friedrich-Schiller-Universität Jena - History), Daniel Stahl (Friedrich-Schiller-Universität Jena - History), & Annette Weinke (Friedrich-Schiller-Universität Jena - History) have published Human Rights and Humanitarian Intervention: Legitimizing the Use of Force since the 1970s (Wallstein Verlag 2017). Contents include:
  • Daniel Stahl & Annette Weinke, Intervening in the Name of Human Rights. On the History of an Argument
  • Bronwyn Leebaw, Legitimating Interventions. Humanitarianism and Human Rights
  • Eleanor Davey, The Language of ingérence. Interventionist Debates in France, 1970s – 1990s
  • Jan Eckel, Humanitarian Intervention as Global Governance. Western Governments and Suffering »Others« before and after 1990
  • Julian Bourg, From the Left Bank to Libya. The New Philosophy and Humanitarianism
  • Robert Albro, Culture’s Iron Cage. U.S. Anthropology, Human Rights, and the Recalcitrant Defense Intellectual
  • Matthias Nass, Halabja, Rwanda, Srebrenica. The Media and the Case for Interventionism
  • Andrea Böhm, From Success to Crisis. Human Rights and the Transformation of the Media since the Late Twentieth Century
  • Patricia Daley, Celebrities, Geo-Economics, and Humanitarianism. The Significance of Racialized Hierarchies
  • Fabian Klose, Protecting Universal Rights through Intervention. International Law Debates from the 1930s to the 1980s
  • Oliver Jütersonke, Responsibility to Protect and Tû-Tû Concepts. A Legal-Realist Contribution
  • Gerd Hankel, Claus Kress, & Annette Weinke, The Slow Pace of International Law. A Conversation about the Past and Future of Humanitarian Intervention