Tuesday, July 25, 2017

Chinkin & Kaldor: International Law and New Wars

Christine Chinkin (London School of Economics and Political Science) & Mary Kaldor (London School of Economics and Political Science) have published International Law and New Wars (Cambridge Univ. Press 2017). Here's the abstract:
International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

Monday, July 24, 2017

Langford, Behn, & Lie: The Ethics and Empirics of Double Hatting

Malcolm Langford (Univ. of Oslo - Law), Daniel Behn (Univ. of Oslo - PluriCourts), & Runar Hilleren Lie (Univ. of Oslo - PluriCourts) have posted an ESIL Reflection on The Ethics and Empirics of Double Hatting.

Call for Papers: Human Dignity and Human Security in Times of Terrorism

The T.M.C. Asser Instituut has issued a call for papers for a conference on "Human Dignity and Human Security in Times of Terrorism - International (Human Rights) Law Challenges and Opportunities." Here's the call:

According to the Global Terrorism Index (GTI) 2016, “a complex and rapidly changing set of dynamics in global terrorism” can be identified these days, with a considerable number of countries improving their GTI scores, but with many moderately affected countries also experiencing record levels of terrorism. Although “over 90 per cent of all terrorist deaths occurred in countries already engaged in some form of conflict whether internal or international” – with Iraq, Afghanistan, Nigeria, Pakistan and Syria suffering most – a lot of attention is focused on Europe, where “ISIL’s transnational tactics in combination with lone actor attacks inspired by the group drove an increase in terrorism to its highest levels ever.” This, in turn, has led to what Amnesty International has even termed a “disturbing “Orwellian” trend”, in which context “the boundaries between the powers of the state and the rights of individuals are being redrawn and Europe’s human rights framework, which was so carefully constructed after the Second World War, is being rapidly dismantled.”

On 12 December 2017 (provisional date), the T.M.C. Asser Instituut will organise an international conference on ‘Human Dignity and Human Security in Times of Terrorism: International (Human Rights) Law Challenges and Opportunities’. This conference will critically analyse human dignity and human security challenges in the lead up to terrorism and in the responses to terrorism (both legal frameworks and specific issues). It aims to map how human dignity and human security can be secured, and how law can constitute a source of trust, in times where Europe and the rest of the world continue to be plagued by terrorism.

More specific topics one could think of:

  • UN Security Council Resolution 2178 and its implementation
  • the new EU Directive on Combating Terrorism
  • national emergency regimes: the new normal?
  • administrative measures in the context of countering terrorism
  • terrorism, mental health and the law of patient confidentiality
  • the right to non-discrimination and its effect on radicalisation
  • terrorism kill teams versus the protection of nationals abroad
  • incitement to terrorism, a comparative analysis

The organisers invite the submission of abstracts addressing the above-mentioned themes. Abstracts (of maximum 1000 words) should be submitted to Dr. Christophe Paulussen, c.paulussen@asser.nl, by 23 September 2017. Please include your name, e-mail address and a CV. The authors of the selected abstracts will be invited to present during the conference, provisionally scheduled to take place on 12 December 2017.

Full papers (of around 10,000 words, including footnotes) are to be submitted by 1 March 2018. For their final paper, authors are expected to deliver a critical legal reflection, to make an explicit link to the concept of human dignity and human security, and to think out of the box. The organisers will collect the final papers in a book, which will be published by T.M.C. Asser Press and distributed by Springer in March 2019

The T.M.C. Asser Instituut carries out research on developments in international and European law and its potential for serving the cultivation of trust and respect in the global, regional, national and local societies in which the law operates. This conference and the ensuing book are activities of the institute’s research strand on ‘Human Dignity and Human Security in International and European Law’.

Sunday, July 23, 2017

New Issue: African Journal of International and Comparative Law

The latest issue of the African Journal of International and Comparative Law (Vol. 25, no. 3, August 2017) is out. Contents include:
  • Benedict Abrahamson Chigara, Incommensurabilities of the SADC Land Issue and Nozick's Entitlement Theory
  • Richard Croucher, Mark Houssart & Didier Michel, The Mauritian Truth and Justice Commission: Legitimacy, Political Negotiation and the Consequences of Slavery
  • Saloni Khanderia, The Compatibility of South African Anti-Dumping Laws with WTO Disciplines
  • Amy Baker Benjamin, 9/11 as False Flag: Why International Law Must Dare to Care
  • Andrew Schmulow, Financial Regulatory Governance in South Africa: The Move Towards Twin Peaks
  • Zekarias Beshah Abebe, The African Court with a Criminal Jurisdiction and the ICC: A Case for Overlapping Jurisdiction?
  • Monique Aziza, An Empirical Study of Human Trafficking Law in Cameroon: Victims Rarely Seek Justice and Traffickers Are Not Held Liable
  • Olufemi Soyeju, Mitigating Legal Risks in Nigeria's Project Finance Market

Saturday, July 22, 2017

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. 4, no. 1, 2017) is out. Contents include:
  • Editorial Comment
    • James A Green, The ‘additional’ criteria for collective self-defence: request but not declaration
  • Articles
    • Paulina Starski, Silence within the process of normative change and evolution of the prohibition on the use of force: normative volatility and legislative responsibility
    • Gina Heathcote, Women and children and elephants as justification for force
    • Nader Iskandar Diab, Enforcement action by regional organisations revisited: the prospective joint Arab forces
    • Benjamin Nußberger, Military strikes in Yemen in 2015: intervention by invitation and self-defence in the course of Yemen’s ‘model transitional process’

Wednesday, July 19, 2017

Kassoti: Trading with Settlements: The International Obligations of the European Union with Regard to Economic Dealings with Occupied Territories

Eva Kassoti (Hague Univ. of Applied Sciences - Law) has posted Trading with Settlements: The International Obligations of the European Union with Regard to Economic Dealings with Occupied Territories. Here's the abstract:
This Policy Brief examines the EU’s practice in relation to trade agreements involving occupied territories by focusing on the case-studies of Palestine and Western Sahara with a view to ascertaining its legality and coherence. It is shown that several aspects of the agreements are highly problematic in the light of the EU’s international law obligations of non-recognition and non-assistance and that the Union has largely adopted an inconsistent approach in its economic dealings with the occupied territories in question. In conclusion, concrete policy recommendations are offered in order to ensure the legality and coherence of the EU’s trade policy in situations of occupation.

Hirsch: The Sociological Dimension of International Arbitration: The Investment Arbitration Culture

Moshe Hirsch (Hebrew Univ. of Jerusalem - Law) has posted The Sociological Dimension of International Arbitration: The Investment Arbitration Culture (in The Oxford Handbook of International Arbitration, Thomas Schultz & Federico Ortino eds., forthcoming). Here's the abstract:

Sociological analysis of international arbitration begins from the premise that individuals’ behaviour and normative choices are significantly affected by socio-cultural factors and processes. Thus, behaviour of actors participating in international arbitration is not isolated from its social context; and is rather deeply embedded in various sociological factors and processes (such as norms, socialization, or social control). This chapter is primarily focused on the investment arbitration community; analysing the interactions between the social features of this community and two significant issues in investment arbitration: (i) the application of human rights law by investment arbitrators, (ii) the constraining nature of norms regarding side arbitrator impartiality. While the first issue focuses on the particular features of the investment arbitration community and its interactions with another social group (the human rights community), the second issue regarding arbitrators' impartiality is explored by employing several theoretical perspectives relating to the structure-agency debate in sociological literature.

Section II briefly sketches out the features of the investment arbitration community. Sections III and IV illustrate the scholarly and practical value of the sociological perspective by analysing two prominent issues in contemporary international investment law. Section III presents a sociological analysis of the socio-cultural interactions between the investment arbitration and human rights communities, and their impacts on the limited application of international human rights law by investment tribunals. Section IV addresses one of the fundamental questions in sociological literature in the (limited) sphere of the investment arbitration community: to what extent and how do cultural patterns influence arbitrators? To answer this question, this Section succinctly employs three sociological theoretical lenses (the structural-functional, symbolic-interactionist and Swidler's approaches) to examine some recent empirical results regarding investment arbitrators' impartiality. Section V briefly recaps the main conclusions drawn from the preceding sections and offers some directions regarding future research work in this field.

Jain: Radical Dissents in International Criminal Trials

Neha Jain (Univ. of Minnesota - Law) has posted Radical Dissents in International Criminal Trials (European Journal of International Law, forthcoming). Here's the abstract:
International criminal law, for much of its history, has been a law characterized by dissents. However, international law scholarship has largely ignored the role of the dissenting opinion in shaping the discourse of international criminal law. This Article critically examines the nature and function of dissents at international criminal tribunals at a particularly crucial moment in the life of these courts, when the project of establishing accountability of mass atrocity through criminal trials is increasingly under attack. The Article argues that the dissenting opinion is a crucial legal device that can have a transformative potential in international criminal adjudication through its creation of a civic space for contestation that paradoxically shores up the legitimacy of the international criminal trial. To this end, it constructs a discrete category of dissenting opinions at international criminal courts: “radical dissents”. The content and rhetorical style of a radical dissent enables actors invested in the project of international criminal justice to use it as a vital dissentient voice both within and outside the courtroom. Agents who operate within the confines of the legal trial, such as defendants, lawyers, appellate chambers, and future judges, may channel its authority to challenge the idiom in which the majority judgment speaks. Likewise, the radical dissent could provide a legal language through which academics, victims, civil society, and other affected communities continue to grapple with constructing and coming to terms with events that defy human understanding.

AJIL Unbound Symposium: Framing Global Migration Law - Part II

AJIL Unbound has posted a symposium on "Framing Global Migration Law - Part II," the second in a three-part symposium that began here. The symposium includes an introduction by Jaya Ramji-Nogales and Peter J. Spiro and contributions by Jacqueline Bhabha, E. Tendayi Achiume, Janie A. Chuang, Ibrahim Awad, Diego Acosta, Loren B. Landau, and Martin Ruhs.

Tuesday, July 18, 2017

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 21, no. 7, 2017) is out. Contents include:
  • Eliza Watt, ‘The right to privacy and the future of mass surveillance’
  • Sarah Combellick-Bidney, Reproductive rights as human rights: stories from advocates in Brazil, India and South Africa
  • Shabnam Moinipour, Refugees against refugees: the Iranian Migrants’ perception of the human rights of Afghans in Iran
  • Louise E. Wise, Social death and the loss of a ‘world’: an anatomy of genocidal harm in Sudan
  • Ron Dudai, Entryism, mimicry and victimhood work: the adoption of human rights discourse by right-wing groups in Israel
  • Julia Chaitin, Shoshana Steinberg & Sharon Steinberg, ‘BDS – it’s complicated’: Israeli, Jewish, and others’ views on the boycott of Israel
  • Mona Paré & Tate Chong, Human rights violations and Canadian mining companies: exploring access to justice in relation to children’s rights
  • Elif Celik, The role of CRPD in rethinking the subject of human rights
  • Paul Gready & Simon Robins, Rethinking civil society and transitional justice: lessons from social movements and ‘new’ civil society
  • Sharifah Rahma Sekalala, Who gets to sit at the table? Interrogating the failure of participatory approaches within a right to health framework
  • Aliraza Javaid, Moving through shadows: police, policing and male rape

New Issue: Journal of International Trade Law and Policy

The latest issue of the Journal of International Trade Law and Policy (Vol. 16, no. 1, 2017) is out. Contents include:
  • Ludo Cuyvers, Ermie Steenkamp, Wilma Viviers, Riaan Rossouw, & Martin Cameron, Identifying Thailand’s high-potential export opportunities in ASEAN+3 countries
  • Ida Madieha Abdul Ghani Azmi & Rokiah Alavi, In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry
  • Antoine Martin & Bryan Mercurio, Doha dead and buried in Nairobi: lessons for the WTO

New Issue: Kokusaihō gaikō zasshi / Journal of International Law and Diplomacy

The latest issue of Kokusaihō gaikō zasshi / Journal of International Law and Diplomacy (Vol. 115, no. 4, January 2017) is out. Contents include:
  • Setsuko Aoki, International Law Applicable to Malicious Cyber Activities against Space Assets
  • Tadashi Mori, Legal Structure of the Right of Collective Self-Defence
  • Tetsuo Morishita, The Relationship of Choice of Law Approach and Recognition Approach in Some International Business Law Issues

New Volume: Anuario Colombiana de Derecho Internacional

The latest volume of the Anuario Colombiana de Derecho Internacional (Vol. 10, 2017) is out. Contents include:
  • Maurice Kamto, Remarques sur l'identification et la preuve d’une pratique ultérieure établissant un accord des États ou des organisations internationales sur l'interprétation d'un traite
  • Ana Gemma López, Aplicación de tratados sucesivos concernientes a la misma materia. Análisis del artículo 30 de la Convención de Viena sobre Derechos de los Tratados
  • María Teresa Infante Caffi, The Pact of Bogotá: cases and legal challenges
  • Juan José Quintana, Cuestiones de procedimiento en los casos Costa Rica c. Nicaragua y Nicaragua c. Costa Rica ante la Corte Internacional de Justicia
  • Lucius Caflisch, Attribution, responsibility and jurisdiction in International Human Rights Law
  • Djamchid Momtaz, L’obligation de ne pas prêter aide ou assistance au maintien d’une situation créée par la violation d’une norme impérative du droit international général
  • Olivier Corten, Faut-il voir le mâle partout ? Les théories féministes à l’épreuve du droit de la paix et de la sécurité internationales
  • Carlos Portales & Diego Rodríguez-Pinzón, Building Prevention to Protect: The Inter-American Human Rights System
  • Carlos Enrique Arévalo Narváez & Paola Andrea Patarroyo, Treaties over time and Human Rights: A Case Law analysis of the Inter-American Court of Human Rights Ramírez
  • Mathias Audit, La coexistence de procédures contentieuses en matière d’investissements étrangers
  • Laurence Boisson de Chazournes, Environmental Protection and Investment Arbitration
  • Soledad Torrecuadrada García-Lozano, Las obras de arte del Estado y su inmunidad

Monday, July 17, 2017

New Issue: Journal of International Organizations Studies

The latest issue of the Journal of International Organizations Studies (Vol. 8, no. 1, Spring 2017) is out. Contents include:
  • Adrian Ratsimbaharison, Regional Integration vs. Globalization: A Social network analysis of the trade within and outside the Southern African Development Community (SADC)
  • Patrick Theiner, Donor Choice in Multilateral Health Aid

New Issue: Transnational Environmental Law

The latest issue of Transnational Environmental Law (Vol. 6, no. 2, July 2017) is out. Contents include:
  • Editorial
    • Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Dan Farber, Bruce Huber, & Josephine van Zeben, The Maturing of Transnational Environmental Law
  • Articles
    • Veerle Heyvaert, The Transnationalization of Law: Rethinking Law through Transnational Environmental Regulation
    • Stephen J. Turner, The Use of ‘Macro’ Legal Analysis in the Understanding and Development of Global Environmental Governance
    • Jessica F. Green & Graeme Auld, Unbundling the Regime Complex: The Effects of Private Authority
    • Elena Merino Blanco & Ben Pontin, Litigating Extraterritorial Nuisances under English Common Law and UK Statute
    • Jona Razzaque, Payments for Ecosystem Services in Sustainable Mangrove Forest Management in Bangladesh
    • Celeste M. Black, Taxation of Cross-Border Transfers of Carbon Emission Allowances under Linked Emissions Trading Schemes
    • Ed Couzens, Size Still Matters, Although It Shouldn’t: The Debate on Small Cetaceans, IWC 65, and Monaco’s Resolution on Highly Migratory Cetaceans

New Issue: Asian Journal of International Law

The latest issue of the Asian Journal of International Law (Vol. 7, no. 2, July 2017) is out. Contents include:
  • Amit Kumar Sinha, Non-Precluded Measures Provisions in Bilateral Investment Treaties of South Asian Countries
  • Muhammad A. Sayeed, Revisiting the Regime of Trademark Protection in Bangladesh: TRIPS Compatibility and Ramifications
  • Dilini Pathirana, An Overview of Sri Lanka’s Bilateral Investment Treaties: Status Quo and Some Insights into Future Modifications
  • Yvette Anthony, The Evolution of Indirect Expropriation Clauses: Lessons from Singapore’s BITs/FTAs
  • Michael Ramsden, Uniting for MH17
  • Bryan H. Druzin, Why does Soft Law Have any Power Anyway?

Inaugural Volume: Ethiopian Yearbook of International Law

The inaugural volume of the Ethiopian Yearbook of International Law (2016) is out. Contents include:
  • Zeray Yihdego, Melaku Geboye Desta, & Fikremarkos Merso, Towards Rebalancing the Narrative of International Law
  • Makane Moïse Mbengue & Najib Messihi, The South West Africa Cases: 50 Years Later
  • Jean Allain, Decolonisation as the Source of the Concepts of Jus Cogens and Obligations Erga Omnes
  • Getachew A. Woldemariam, The Place of International Law in the Ethiopian Legal System
  • Derk Bienen, Ethiopia’s WTO Accession at the Crossroads
  • Melaku Geboye Desta, Competition for Natural Resources and International Investment Law: Analysis from the Perspective of Africa
  • Duncan French, The Global Goals: Formalism Foregone, Contested Legality and “Re-imaginings” of International Law
  • Olivia Woolley, Developing Countries Under the International Climate Change Regime: How Does the Paris Agreement Change Their Position?
  • Salman M.A. Salman, The Declaration of Principles on the Grand Ethiopian Renaissance Dam: An Analytical Overview
  • Jasmin Hansohm & Zeray Yihdego, The South Sudan Crisis: Legal Implications and Responses of the International Community

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 16, no. 3, July 2017) is out. Contents include:
  • Erin Hannah, James Scott, & Rorden Wilkinson, Reforming WTO-Civil Society Engagement
  • Gilles Muller, Troubled Relationships under the GATS: Tensions between Market Access (Article XVI), National Treatment (Article XVII), and Domestic Regulation (Article VI)
  • Nicolas Lamp, The ‘Development’ Discourse in Multilateral Trade Lawmaking
  • Silke Trommer, The WTO in an Era of Preferential Trade Agreements: Thick and Thin Institutions in Global Trade Governance
  • Faizel Ismail, The AGOA Extension and Enhancement Act of 2015, the SA–US AGOA negotiations and the Future of AGOA

New Issue: International & Comparative Law Quarterly

The latest issue of the International & Comparative Law Quarterly (Vol. 66, no. 3, July 2017) is out. Contents include:
  • Articles
    • Sangeetha Pillai & George Williams, Twenty-First Century Banishment: Citizenship Stripping in Common Law Nations
    • Adamantia Rachovitsa, The Principle of Systemic Integration in Human Rights Law
    • Massimo Lando, Judicial Uncertainties Concerning Territorial Sea Delimitation Under Article 15 of the United Nations Convention on the Law of the Sea
    • Anna Chadwick, Regulating Excessive Speculation: Commodity Derivatives and the Global Food Crisis
    • Jérémie Gilbert, Litigating Indigenous Peoples’ Rights in Africa: Potentials, Challenges and Limitations
    • Tobias Lutzi, Internet Cases in EU Private International Law—Developing a Coherent Approach
  • Shorter Article and Notes
    • Hélène Lambert, Temporary Refuge from War: Customary International Law and the Syrian Conflict
    • Marek Martyniszyn, Japanese Approaches to Extraterritoriality in Competition Law
    • ? Luca Enriques, A Harmonized European Company Law: Are We There Already?

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 15, no. 2, May 2017) is out. Contents include:
  • Current Events: Syria, International Criminal Justice, and the International, Impartial and Independent Mechanism
    • Florian Jeßberger, Foreword
    • Christian Wenaweser & James Cockayne, Justice for Syria?: The International, Impartial and Independent Mechanism and the Emergence of the UN General Assembly in the Realm of International Criminal Justice
    • Alex Whiting, An Investigation Mechanism for Syria: The General Assembly Steps into the Breach
    • Ingrid Elliott, ‘A Meaningful Step towards Accountability’?: A View from the Field on the United Nations International, Impartial and Independent Mechanism for Syria
  • Articles
    • Jennifer DePiazza, Denial of Fair Trial as an International Crime: Precedent for Pleading and Proving it under the Rome Statute
    • Elena Kantorowicz-Reznichenko Misidentification of Victims under International Criminal Law: An Attempted Offence?
    • Marc Schack, ‘Going to The Hague’ as Coercive Leverage: The Palestinian ICC Policy during the 2014 Operation Protective Edge
    • Sandra C. Wisner, The Invisible Hand: International Criminal Responsibility of Business Leaders for Aiding and Abetting the Forcible Transfer of Population in the Occupied Palestinian Territory
  • National Prosecution of International Crimes: Legislation and Cases
    • Max du Plessis & Guénaël Mettraux, South Africa’s Failed Withdrawal from the Rome Statute: Politics, Law, and Judicial Accountability
    • Gennady Esakov International Criminal Law in Russia: Missed Crimes Waiting for a Revival

Sunday, July 16, 2017

Hilpold: Unilateralism in Refugee law—Austria’s Quota Approach Under Scrutiny

Peter Hilpold (Universität Innsbruck - Law) has posted Unilateralism in Refugee law—Austria’s Quota Approach Under Scrutiny (Human Rights Review, forthcoming). Here's the abstract:
In the aftermath of the “Arab Spring” and of crumbling state structures, an exodus of unknown proportion from the Near East and from Northern Africa has set in and was further exacerbated by civil war and ISIS terror rule over large territories in the Near East. As a consequence, thousands of refugees came to Europe. Many of them fulfilled the conditions for non-refoulement according to Article 33 of the Geneva Convention on the Law of Refugees of 1951 or were at least entitled for temporary protection according to the Common European Asylum System. These instruments did not, however, take into consideration situations of mass influx and neither is there an efficient mechanism for burden sharing within the EU in place. Some countries where overwhelmed by these migration flows. In this contribution, particular attention will be given to the reactions to these developments by the Austrian government. In Austria, as a consequence of mounting pressure by considerable parts of the population demanding a halt to this migration, the government adopted or announced a series of measures that, if implemented, will constitute a blatant violation of international law. This holds true, in particular, for the so-called upper limit (“Obergrenze”) for asylum seekers. Legal academia in Austria in part was silent as to these events, in part sustained it after having been engaged for a legal. It is contended here that unilateralism may be effective in a short-time perspective, but the long-term consequences should not be overlooked. It would be better to work on a genuine international burden-sharing mechanism even though this approach is more difficult to sell to national constituencies.

New Issue: Business and Human Rights Journal

The latest issue of the Business and Human Rights Journal (Vol. 2, no. 1, January 2017) is out. Contents include:
  • Articles
    • Shane Darcy, ‘The Elephant in the Room’: Corporate Tax Avoidance & Business and Human Rights
    • Bonita Meyersfeld, Empty Promises and the Myth of Mining: Does Mining Lead to Pro-Poor Development?
    • Benjamin Thompson, Determining Criteria to Evaluate Outcomes of Businesses’ Provision of Remedy: Applying a Human Rights-Based Approach
    • Nora Götzmann, Human Rights Impact Assessment of Business Activities: Key Criteria for Establishing a Meaningful Practice
    • Andreas Graf & Andrea Iff, Respecting Human Rights in Conflict Regions: How to Avoid the ‘Conflict Spiral’
    • Lucy Amis, Mega-Sporting Events and Human Rights—A Time for More Teamwork?
  • Developments in the Field
    • Hiroshi Ishida & Hiroki Wada, The Implementation of the UN Guiding Principles into Daily Business Operations and the 2020 Tokyo Olympic and Paralympic Games
    • Fréderic Foromo Loua & Jonathan Kaufman, Molmou v Guinea: The ECOWAS Court of Justice at the Service of its Member States
    • Baskut Tuncak, Lessons from the Samarco Disaster1
    • Deanna Kemp & John R Owen, Corporate Readiness and the Human Rights Risks of Applying FPIC in the Global Mining Industry
    • Lívia Menezes Pagotto, Leticia Arthuzo, Aron Belinky, Daniela Gomes Pinto, & Mario Monzoni, Incorporating Children and Adolescents’ Rights in Corporate Management: A Tool Based on Strategic Maps and the Sustainability Balanced Scorecard

New Issue: Global Constitutionalism

The latest issue of Global Constitutionalism (Vol. 6, no. 1, March 2017) is out. Contents include:
  • Editorial
    • Mattias Kumm, Jonathan Havercroft, Jeffrey Dunoff, & Antje Wiener, The end of ‘the West’ and the future of global constitutionalism
  • Special Issue: Constitution-making and political settlements in times of transition
    • Christine Bell, Foreword
    • Christine Bell, Introduction: Bargaining on constitutions – Political settlements and constitutional state-building
    • Charmaine Rodrigues, Letting off steam: Interim constitutions as a safety valve to the pressure-cooker of transitions in conflict-affected states?
    • Silvia Suteu, Eternity clauses in post-conflict and post-authoritarian constitution-making: Promise and limits
    • Tom Gerald Daly, The alchemists: Courts as democracy-builders in contemporary thought
    • Jenna Sapiano, Courting peace: Judicial review and peace jurisprudence

Madsen: Rebalancing European Human Rights: Has the Brighton Declaration Engendered a New Deal on Human Rights in Europe?

Mikael Rask Madsen (Univ. of Copenhagen - Law) has posted Rebalancing European Human Rights: Has the Brighton Declaration Engendered a New Deal on Human Rights in Europe? (Journal of International Dispute Settlement, forthcoming). Here's the abstract:
Has the Brighton Declaration produced a New Deal on European human rights in terms of engendering a new and more central role to national legal and political institutions? A greater subsidiarity? Against the backdrop of a systematic exploration of the case law of the European Court of Human Rights (ECtHR), the articles concludes that the ECtHR is indeed providing more subsidiarity following the Brighton Declaration. It does so by a greater use of the terms “margin of appreciation” and “wide(r) margin,” and particularly with regard to two areas of law: Art. 8 on the right to privacy and Art. 35 on access to the Court. However, as the article further demonstrates, this increase in subsidiarity is very uneven across the member states. The old Western member states generally benefit far more from these new directions in the ECtHR’s jurisprudence. But contrary to popular belief, vocal critiques of the system are not given more deference according to this analysis. A final more general conclusion follows from these findings, namely that the ECtHR is receptive to political signals and does not operate in isolation from politics as it is often claimed. Although currently merely soft law documents, the Brighton Declaration and associated Protocols have triggered change at the Court in the direction set out in these documents and events. This has theoretical implications for the understanding of the evolution of international courts.

Warner: The African Union and Article 4(h): Understanding Changing Norms of Sovereignty and Intervention in Africa Through an Integrated Levels-of-Analysis Approach

Jason Warner (U.S. Military Academy - Department of Social Sciences and Combating Terrorism Center) has published The African Union and Article 4(h): Understanding Changing Norms of Sovereignty and Intervention in Africa Through an Integrated Levels-of-Analysis Approach (in Democracy, Constitutionalism, and Politics in Africa: Historical Contexts, Developments, and Dilemmas, Eunice N. Sahle ed., 2017). Here's the abstract:
The emergence of the African Union (AU) in 2002 was notable for a number of reasons, especially its inclusion of Article 4(h)—which explicitly allows for the AU to intervene in member states’ affairs—in its Constitutive Act. What caused the inclusion of the highly progressive Article 4(h), especially given the states’ historical commitments to a norm of non-intervention? This chapter suggests that to understand the normative shifts leading to the inclusion of Article (h) in the AU’s Constitutive Act, one must employ an explicitly multi-causal, integrated levels-of-analysis approach, taking into account inputs that informed Article 4(h)’s development at the systemic, pan-African, regional, statist, and leadership levels of analysis.