The 20th anniversary of the Guiding Principles on Internal Displacement
The International Journal of Refugee Law invites articles of up to 12,000 words to mark this occasion. Articles should focus on the legal aspects of IDP protection, rather than humanitarian or policy-oriented issues. While all such contributions are welcome, possible areas for consideration include:
The deadline for contributions is 31 July 2017. Articles should be submitted via the Instruction to Authors page, and authors must follow the Instructions when preparing their manuscripts. All articles will go through the standard peer review process.
- The legal status of the Guiding Principles (soft law? emerging customary law?);
- Analysis of existing IDP laws in different countries (and implementation in practice);
- The contribution of different bodies in protecting IDPs – eg the role of domestic courts, regional human rights courts, international criminal tribunals, UN human rights mechanisms, and so on;
- An assessment of what has (or has not) been achieved since 1998, and where further action is needed;
- Current legal developments/challenges in this area (eg concerning protection from displacement, key aspects of protection during displacement, or durable solutions);
- The role of UNHCR and other actors.
Saturday, March 18, 2017
Friday, March 17, 2017
Schoenbaum: The South China Sea Arbitration Decision and a Plan for Peaceful Resolution of the Disputes
After the Philippines contested Chinese claims and actions in the South China Sea, a five-man panel of the Permanent Court of Arbitration in 2016 handed down a judgment that is surely the most important set of jurisprudential rulings in the modern history of the international law of the sea. The tribunal’s judgment provides convincing interpretations of many UNCLOS articles that are important, not only in the context of the South China Sea, but generally in other maritime areas as well. The tribunal’s judgment enhances freedom of navigation in ocean areas and provides guidelines for enforcing international law to protect the marine environment.
But the tribunal's judgment is unlikely to have much effect with regard to settlement of the South China Sea disputes. Although China technically is bound by the judgments of the tribunal, China did not participate in the proceeding and will never expressly affirm the rulings' correctness. The paper puts forth a three-point plan to allow China to save face in this controversy. It is hoped that taking these steps the tribunal’s important rulings may be accepted for what they are—the basis for a settlement of the South China Sea controversy.
We are entering a new era in international investment law in which emerging countries are taking an increasingly important role and the field is undergoing substantial change. While voices from emerging countries are becoming more and more significant, and their views have found some echoes in developing countries, the literature has paid too little attention to these developments. This article helps fill this gap. It explores the new discourse of South-South cooperation which serves as a driver for efforts by emerging countries to revisit investment regulation. It investigates how the desire for more cooperation and policy flexibility translate into legal instruments that shift the balance of investor and host-state rights and obligations. It analyzes legal positions and proposals from the global South for investor-state dispute settlement and assesses prospects for the investment regime in light of resistance in the South to the status quo, similar critiques from the North, and the collapse of TTP and TTIP. With opposition to the BITs regime developing in both the North and the South, it may be that a broader global shift is underway that could lead to new standards of foreign investment regulation. By providing detailed insights on the issues of concern to most developing countries and many in developed countries, the article will help set the stage for the next era of international investment law-making.
- Scientific Articles
- Musa Njabulo Shongwe, The Fragmentation of the Multilateral Trading System: The Impact of Regionalism on WTO Law
- Vasil Stoynov, The Direct Effect Of EU Bilateral Trade Agreements Such As The TTIP In The Light Of The Jurisprudence Of The CJEU
- Opinion Articles
- Arno Lodder, Sovereignty is Dead! Long Live Sovereignty! From Nation-Based to User Central Jurisdiction
Thursday, March 16, 2017
- “A Crime Against Humanity”: Slavery and The Boundaries of Legality, Past and Present
- Ariela Gross, Introduction: “A Crime Against Humanity”: Slavery and The Boundaries of Legality, Past and Present
- Rebecca J. Scott, Social Facts, Legal Fictions, and the Attribution of Slave Status: The Puzzle of Prescription
- Keila Grinberg, Illegal Enslavement, International Relations, and International Law on the Southern Border of Brazil
- Randy J. Sparks, Blind Justice: The United States's Failure to Curb the Illegal Slave Trade
- Jenny S. Martinez & Lisa Surwillo, “Like the Pirate and the Slave Trader Before Him”: Precedent and Analogy in Contemporary Law and Literature
- Ariela J. Gross & Chantal Thomas, The New Abolitionism, International Law, and the Memory of Slavery
- Alejandro De La Fuente & Ariela Gross, Concluding Thoughts: Boundary Crossings: Slavery and Freedom, Legality and Illegality, Past and Present
"Sharp wars are brief," Francis Lieber wrote in his code, encapsulating in four short words an entire ethical worldview that would ground his work on the law of war. Lieber believed that the over-regulation of war was dangerous because it risked prolonging the conflict, which in the long run was damaging to human affairs. For Lieber, as for Kant, the goal of war was to return to a state of peace, and anything that made the "return to peace more difficult" should be discouraged or outlawed. On the other hand, though, "sharp wars are brief" is a horrible argument and subject to abuse. It can be used to defeat almost any regulation of war, whether sensible or not.
In this paper I wish to make three key claims. First, Lieber’s conception of necessity stems directly from his philosophical claim that sharp wars are brief. Second, the Lieberian conception of necessity is not a relic of the historical past. Rather, it represents the basic structure of today’s law of war. If one wants to know why today’s law of war does so little to value the lives of combatants—while protecting civilians—one need look no further than the Lieber Code and its argument that sharp wars are brief. Finally, the third section of this chapter will critically evaluate Lieber’s assertion and ask why the laws of war assign so little value to the lives of combatants. The paper will conclude with a very limited normative defense of this state of affairs, but the existing law will not emerge unscathed. I will suggest that even if Lieber is correct that sharp wars are brief, this insight still leaves open the question of their optimal level of sharpness, which we arguably have not yet reached. Reform is still permitted and indeed required.
- 12. Deutscher Naturschutzrechtstag: Völkerrechtliche Grundlagen des Naturschutzes
- Wolfgang Durner & Klaus Ferdinand Gärditz, Vorwort
- Wolfgang Durner, Völkerrechtlicher Naturschutz und nationales Naturschutzrecht
- Ulrich Fastenrath, Das UNESCO-Übereinkommen zum Schutz des Kultur- und Naturerbes der Welt und seine Wirkungen im deutschen Recht
- Klaus Ferdinand Gärditz, Das Ramsar-Übereinkommen über Feuchtgebiete, insbesondere als Lebensraum für Wasser- und Watvögel von internationaler Bedeutung
- Stefan Cuypers, Die Alpenkonvention und ihre Durchführungsprotokolle – ein Blick auf den aktuellen Stand ihrer rechtlichen Umsetzung
- Alexander Proelss, Naturschutz im Meeresvölkerrecht
- Ayşe-Martina Böhringer, Thilo Marauhn, Das Bonner Übereinkommen zur Erhaltung der wandernden wildlebenden Tierarten
- Nina Mikander, The African-Eurasian Migratory Waterbird Agreement International Conservation and Sustainable Use of Migratory Waterbirds
- Sabine Schlacke, Das Übereinkommen über biologische Vielfalt: Steuerungskraft und Perspektiven
- Jochen Schumacher, Das Berner Übereinkommen über die Erhaltung der europäischen wildlebenden Pflanzen und Tiere, und ihrer natürlichen Lebensräume und Natura 2000
- Peter H. Sand, Das Washingtoner Artenschutzabkommen (WA)
Since the SCM agreement was enacted in 1995, the global leadership in the field of STZs has shifted from the OECD to the WTO.
The WTO general agreement includes a broad set of policy goals that goes beyond trade relationships, but its legal framework has been systematically narrowed to the task of assuring market access, non-discrimination, and fairness in trade. Other relevant issues that has impacts on trade, such as for example harmful tax competition or tax base erosion, has not been sufficiently weighted and has been treated as secondary items.
As of today, having passed more than 20 years since the enactment of the first WTO agreements, the WTO overall treatment of STZs appears to be inconsistent with the general policy goals of the organization. While service STZs generally remain free from challenge because there are no formal subsidy rules concerning services, manufacturing STZs with substantial activities have been significantly curtailed by the SCM Agreement. The disparity in the treatment of “goods” and “services” has produced a negative impact on developing countries, as they tend to rely more on manufacturing STZs to achieve economic growth, while benefitting developed countries, which to rely more on offshore banking, technology, and financial services STZs in order and attract investment.
The fairness and distributional concerns raised by this disparity in treatment has also been placed in a secondary position, on the grounds that the objectives of the WTO are limited to market access, freedom, and non-discrimination in trade. This perspective, however, is not consistent with the rationale and general policy goals of the organization, as provided by the main WTO agreement.
Abbenhuis, Barber, & Higgins: War, Peace and International Order? The Legacies of the Hague Conferences of 1899 and 1907
- William Mulligan, Justifying International Action: International Law, The Hague and Diplomacy Before 1914
- Randall Lesaffer, Peace Through Law: The Hague Peace Conferences and the Rise of the Ius Contra Bellum
- Neville Wylie, Muddied Waters: The Influence of the First Hague Conference on the Evolution of the Geneva Conventions of 1864 and 1906
- Andrew Webster, Reconsidering Disarmament at the Hague Peace Conference of 1899, and After
- M. Girard Dorsey, More than Just a Taboo: The Legacy of the Chemical Warfare Prohibitions of the 1899 and 1907 Hague Conferences
- Sarah Gendron, Sub Silentio: The Sexual Assault of Women in International Law
- Robert A. Nye, The Duel of Honour and the Origins of the Rules for Arms, Warfare and Arbitration in the Hague Conferences
- Annalise R. Higgins, Writing for Peace: Reconsidering the British Public Peace Petitioning Movement’s Historical Legacies After 1898
- Thomas Munro, The Hague as a Framework for British and American Newspapers’ Public Presentations of the First World War
- Marta Stachurska-Kounta, Norway’s Legalistic Approach to Peace in the Aftermath of the First World War
- Wolfgang Mueller, Against the Hague Conventions: Promoting New Rules for Neutrality in the Cold War
- Yolanda Gamarra, The Neutrals and Spanish Neutrality: A Legal Approach to International Peace in Constitutional Texts
- Zehra F. Kabasakal Arat & Caryl Nuňez, Advancing LGBT Rights in Turkey: Tolerance or Protection?
- Zhiyuan Wang & Hyunjin Youn, Repress or Respect? Precarious Leadership, Poor Economy and Labor Protection
- Daniel Braaten, “Walking a Tightrope: Human Rights, Basic Human Needs and US Support for Development Projects in the Multilateral Development Banks”
- Julio Montero, Human Rights, Personal Responsibility, and Human Dignity: What Are Our Moral Duties to Promote the Universal Realization of Human Rights?
- Andrew Wolman, Sub-national Human Rights Institutions: A Definition and Typology
Wednesday, March 15, 2017
The idea that international law constitutes a system is an unsurprisingly popular construction in the legal academy. This article argues that international lawyers have found in the International Court of Justice (hereafter the ICJ) and its sources-based and rules-based modes of legal reasoning the support and the necessary components to build (and sell) their much-cherished idea of an international legal system. As this article argues, such process of system-design rests on a fundamental irony. This irony lies with the fact that the ICJ itself has never proved very interested in system-design and always fell short of portraying international law as a legal system. The indifference of the Court to the idea of international legal system contrasts with the — carefully tailored — argumentative benefits which regional courts have associated with the idea of an international legal system. It is the aim of this article to examine how international lawyers constantly turn to the ICJ and its rules-based and sources-based modes of legal argumentation to seek support for their portrayal of international law as a system despite the ICJ’s common indifference for systemic thinking about international law.
- Michael Ignatieff, Human Rights, Global Ethics, and the Ordinary Virtues
- Kristy A. Belton, Heeding the Clarion Call in the Americas: The Quest to End Statelessness
- Carmen Gómez Martín, Rethinking the Concept of a “Durable Solution”: Sahrawi Refugee Camps Four Decades On [Full text]
- Features: RtoP and the Refugee Protection Regime
- Jason Ralph & James Souter, Introduction: The Responsibility to Protect and the Refugee Protection Regime
- Dan Bulley, Shame on EU? Europe, RtoP, and the Politics of Refugee Protection
- Alise Coen, Capable and Culpable? The United States, RtoP, and Refugee Responsibility-Sharing
- Review Essay
- Linda Bosniak, Immigration Ethics and the Context of Justice
Workshop: The International Convention on the Elimination of All Forms of Racial Discrimination at 50: Achievements and Prospects
This event marks the recent 50th anniversary of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Adopted in 1965, ICERD is the oldest of the ‘core’ international human rights treaties; it has been ratified by 178 States. Moreover, the Committee on the Elimination of Racial Discrimination (CERD), established in 1970, was the first international treaty-monitoring body of its kind. Initially CERD was widely perceived as an international statement against apartheid and colonialism. But, since its inception, the Convention’s meaning and reach has evolved to engage a broad range of groups as well as enhancing the effectiveness of its mechanisms. Today it encompasses a host of issues involving racial, ethnic or linguistic groups, minorities, indigenous peoples, caste/descent-based groups, migrants, refugees, as well as engaging hate speech, ethnic conflict and other racially-motivated acts.
The event, the first to be held on ICERD in the UK, will engage with the treaty’s history and origins, as well as its contemporary scope involving a broad range of themes. It will reflect on how the treaty can respond to current challenges and provide a voice and remedy for the victims of racial discrimination in the 21st century. To this end, it will bring together CERD members, academics and campaigners in order to explore the achievements and prospects of this groundbreaking instrument. The event also marks the publication of two important books on the Convention: Patrick Thornberry, ICERD: A Commentary (Oxford University Press, 2016); and David Keane and Annapurna Waughray (eds.) 50 Years of ICERD: A Living Instrument (Manchester University Press, forthcoming 2017).
- John T. Bennett, The Forgotten Genocide in Colonial America: Reexamining the 1622 Jamestown Massacre within the Framework of the UN Genocide Convention
- Paulina Starski & Jörn Axel Kämmerer, Imperial Colonialism in the Genesis of International Law – Anomaly or Time of Transition?
- Michael Mulligan, Piracy and Empire: The Campaign against Piracy, the Development of International Law and the British Imperial Mission
- Oliver Diggelmann, Beyond the Myth of a Non-relationship: International Law and World War I
- Jenny E. Goldschmidt, New Perspectives on Equality: Towards Transformative Justice through the Disability Convention?
- Carola Glinski, The Ruggie Framework, Business Human Rights Self-Regulation and Tort Law: Increasing Standards through Mutual Impact and Learning
- Anna Lundberg & Mikael Spång, Deportability Status as Basis for Human Rights Claims: Irregularised Migrants' Right to Health Care in Sweden
- Iselin Frydenlund, Religious Liberty for Whom? The Buddhist Politics of Religious Freedom during Myanmar's Transition to Democracy
- Agora: Reflections on President Obama's War Powers Legacy
- Curtis A. Bradley, President Obama's War Powers Legacy
- Curtis A. Bradley & Jack L. Goldsmith, Obama's AUMF Legacy
- Ashley S. Deeks, The Obama Administration, International Law, and Executive Minimalism
- Ryan Goodman, The Obama Administration and Targeting “War-Sustaining” Objects in Noninternational Armed Conflict
- Rebecca Ingber, The Obama War Powers Legacy and the Internal Forces That Entrench Executive Power
- Michael D. Ramsey, Constitutional War Initiation and the Obama Presidency
- Current Developments
- Sean D. Murphy, Protection of Persons in the Event of Disasters and Other Topics: The Sixty-Eighth Session of the International Law Commission
- International Decisions
- Lucy Reed & Kenneth Wong, Marine Entitlements in the South China Sea: The Arbitration Between the Philippines and China
- Vassilis Pergantis, Nasr v. Italy
- Alexander Orakhelashvili, Al-Dulimi v. Switzerland
- Nicole D. Foster, Philip Morris Brands Sàrl v. Oriental Republic of Uruguay
- Nicholas Petrie, De Leopoldo López
- Contemporary Practice of the United States Relating to International Law
- Kristina Daugirdas & Julian Davis Mortenson, Contemporary Practice of the United States Relating to International Law
- Recent Books on International Law
- Nico Schrijver, reviewing The Thin Justice of International Law: A Moral Reckoning of the Law of Nations, by Steven R. Ratner
- Paul Williams & Laura Livingston, reviewing Lawfare: Law as a Weapon of War, by Orde F. Kittrie
- Thomas D. Grant, reviewing Diplomatic Interference and the Law, by Paul Behrens
- Jaya Ramji-Nogales, reviewing The International Law of Migrant Smuggling, by Anne T. Gallagher and Fiona David
In this chapter, we explore the territorial dimension of non-decolonization secessionist conflicts in international law. Our investigation is divided in three parts. The first part focuses on secessions resulting from violations of jus cogens norms. We conclude that contemporary international law prohibits such secessions and prescribes non-recognition as the legal consequence. In the second part, we explore the legal framework under general international law relating to unilateral secessions that do not involve violations of jus cogens. We conclude that even though international law neither authorizes nor outright prohibits unilateral secession it sets many obstacles and presumptions against its ultimate success, but ultimately leaves some space for the principle of effectiveness in exceptional cases. Our third part investigates consensual agreements in the context of secessionist conflicts, which have either led to the creation of new states or accommodated the self-determination aspirations of separatist entities within parent states based on territorial self-governance arrangements. This part also highlights the interplay between consent, effectivités and uti possidetis in state practice and also gives a close look to three arbitrations that dealt with territorial disputes in various non/post-colonial contexts.
Rosenboim: The Emergence of Globalism: Visions of World Order in Britain and the United States, 1939–1950
During and after the Second World War, public intellectuals in Britain and the United States grappled with concerns about the future of democracy, the prospects of liberty, and the decline of the imperial system. Without using the term "globalization," they identified a shift toward technological, economic, cultural, and political interconnectedness and developed a "globalist" ideology to reflect this new postwar reality. The Emergence of Globalism examines the competing visions of world order that shaped these debates and led to the development of globalism as a modern political concept.
Shedding critical light on this neglected chapter in the history of political thought, Or Rosenboim describes how a transnational network of globalist thinkers emerged from the traumas of war and expatriation in the 1940s and how their ideas drew widely from political philosophy, geopolitics, economics, imperial thought, constitutional law, theology, and philosophy of science. She presents compelling portraits of Raymond Aron, Owen Lattimore, Lionel Robbins, Barbara Wootton, Friedrich Hayek, Lionel Curtis, Richard McKeon, Michael Polanyi, Lewis Mumford, Jacques Maritain, Reinhold Niebuhr, H. G. Wells, and others. Rosenboim shows how the globalist debate they embarked on sought to balance the tensions between a growing recognition of pluralism on the one hand and an appreciation of the unity of humankind on the other.
Tuesday, March 14, 2017
Della Fine, Cera, & Palmisano: The United Nations Convention on the Rights of Persons with Disabilities: A Commentary
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities.
Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration.
- Lorand Bartels, The UK’s WTO Schedules
- Christian Häberli, Brexit Without WTO-Problems: For the UK? The EU? Global Business?'
- Michael Lux & Eric Pickett, The Brexit: Implications for the WTO, Free Trade Models and Customs Procedures
- Tobias Dolle & David Leys, The Trade and Customs Law Consequences of Brexit
- Clifford Sosnow, Alexandra Logvin, & Kevin Massicotte, The Brexit Vote: Its Impact on the Canada-EU Comprehensive Economic and Trade Agreement and UK’s Obligations Under Comprehensive Trade and Economic Trade Agreement
Towards Utopia –
Rethinking International Law
Call for Papers: Walther Schücking Workshop
for Young International Lawyers
Kiel, 19-20 August 2017
The Walther Schücking Institute for International Law at the University of Kiel is organising a two-day workshop on new and utopian approaches to international law.
Walther Schücking, judge at the Permanent Court of International Justice and namesake of the Institute, was said to hold views “destined to become the law of the future” (James Brown Scott). We wish to discuss visions for that law of the future at the workshop, which will focus on progressive, unconventional thinking and new ways of approaching, using, and conceptualising international (and regional) law. It is aimed primarily at young international lawyers (PhD students or post-docs), in the hope that we may come together as a diverse group of open-minded and idealistic scholars to develop and discuss utopian lines of thought otherwise left unpursued.
We welcome submissions that engage with utopian thought and international law – either in form of substantive suggestions or recursively on utopian approaches in general and the possibility of rethinking international law. Possible topics include but are not limited to:
We are honoured that Professor Philip Allott of the University of Cambridge has agreed to join our workshop and discuss these matters. His ground-breaking work on reconceiving international law and overcoming current modes of thought, particularly his recent monograph Eutopia (re-published in paperback in March 2017, with a new Introduction), may serve as a starting point for our explorations. It could be commented upon, further developed, or used as a prism through which to analyse certain issues; it can also be criticised or given a feminist or queer reading. All kinds of utopian approaches relating to the topics suggested above are welcome. Professor Allott’s work will serve as a common frame of reference that enables discussion among the workshop participants despite a wide range of substantive topics or different approaches.
- The role(s) of utopianism: Which role(s), if any, does utopianism play in current international legal theory and political morality? Which should it play? Are some areas of law (e.g. human rights, ius cogens) particularly relevant – or troublesome?
- Moral and legal progress: How, if ever, can we reach or work towards utopia? How should progress be measured? What are the implications for conceptualising time, morality, and law?
- Existing structures: How do current structures of international law (e.g. certain dogmatic approaches, formalism, supposed objectivity or neutrality of law) relate to utopian thought? How, if ever, can these be overcome? Should they?
- Critical approaches revisited: Can primarily critical and deconstructive approaches (feminist, queer, anti-colonialist, critical race or disability studies, etc.) be given positive and utopian formulations?
- Practical implications: What should utopian proposals actually look like? What are their implications for structural reforms of international law and international organisations? What would such reforms entail?
Professor Allott will also give the inaugural Walther Schücking Lecture on the day before the workshop, which participants are invited to attend. The title of his lecture will be Beyond War and Diplomacy. A Giant Step for Mankind.
The workshop will be held on the weekend of 19-20 August 2017, with the Walther Schücking Lecture scheduled for the afternoon of 18 August. We envision a format of intense discussion between around fifteen participants, with each participant giving a brief presentation. Interested scholars should submit an abstract of around 750 words to the organising committee (firstname.lastname@example.org) by 8 May 2017. Abstracts must include a title and the name and affiliation of the author; preference will be given to those at an early stage of their career (PhD students or post-docs). We encourage scholars with different backgrounds to apply – interdisciplinary submissions are welcome.
If your abstract is accepted, you will be expected to submit a paper of around 8,000 words (including footnotes) by 7 August 2017. The papers will be circulated among the workshop participants in advance to facilitate an in-depth discussion. Selected papers may, subject to peer review, subsequently be published in the German Yearbook of International Law. The workshop will take place in a beautiful waterfront location in Kiel, Germany. All reasonable travel expenses for workshop participants will be reimbursed, and hotel rooms in Kiel will be provided for two nights. Further information on funding and reimbursement procedures will follow once participants have been chosen.
If you have any questions, please feel free to contact the organising committee: Isabelle Haßfurther, Wiebke Staff, and Jens Theilen (email@example.com).
8 May 2017: Deadline for submission of abstracts (ca. 750 words)
7 August 2017: Deadline for submission of full papers (ca. 8,000 words)
18 August 2017: Walther Schücking Lecture from 4-6 pm
19-20 August 2017: Walther Schücking Workshop
Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address cross-cutting issues such as representation, democracy, independence and effectiveness.
This Introduction surveys some of the key contributions of this volume and distills some of the lessons of its varied chapters for the legitimacy of international courts. Parts II and III are largely conceptual in approach, exploring what legitimacy means for each and all of the courts. Part IV takes a more functional approach, exploring how various factors internal or external to particular courts have contributed to those courts’ normative or sociological legitimacy. Part V provides thumbnail summaries of each the chapters that follow.
Call for Papers: Rethinking Free Trade: Liberal International Economic Order in the Wake of Brexit and Trump
Call for Papers
Rethinking Free Trade: Liberal International Economic Order
in the Wake of Brexit and Trump
(15-16 November 2017)
The GATT in conjunction with the Bretton Wood institutions, are seen as a major effort to retain a liberal international economic order in the aftermath of WWII. In parallel, the European integration project stemming from the Rome Treaties is seen as a political, social, and intellectual engineering project to pursue democratic peace and security through closer economic integration. Economic integration and trade liberalisation are not ends in themselves, but important economic instruments in the service of political and societal ends. In this context, some scholars argue that free trade constitutes a crucial global public good that is from time-to-time belittled and undervalued. This view is not always shared by civil society and the academic community. Social discontent against economic integration and free trade is best illustrated by Brexit and Trump’s victory in the US presidential election.
Conceptually, free trade is asserted to be closely associated with neoliberalism, which attracts tremendous criticism. The ideological shift from embedded liberalism to neoliberalism is a topical issue heatedly debated by both proponents and opponents of free trade. A fresh look at neoliberalism and its critique is thus essential to underscore the trajectory of free trade and to the preservation of liberal international economic order.
Practically, free trade has never merely been wholly free trade, and has given rise to ‘non-trade’ concerns, ranging from environmental protection to labor rights, and from social distribution to national security. Ensuring such concerns are taken into consideration while pursuing free trade, if it is worth pursuing, is a fundamental challenge facing trade policymakers and scholars. Today, it the question is even more acute as social anger and discontent with free trade grows and the legitimacy of the EU and the WTO is questioned seriously. The European integration project is in peril due to a surge in Euroscepticism, exemplified by Brexit. The deadlock of the Doha negotiations has led countries to turn to trade liberalization through other venues, such as the TPP, TTIP, and RCEP. Yet, the emergence of such mega-FTAs seems to exacerbate rather than alleviate the suspicions of civil society.
Free trade is also asserted to be one of the main factors contributing to the concentration of national wealth and widening the gap in social inequality. This results in greater discontent with economic integration and trade liberalization and provides fertile soil for populism. On the other hand, the secrecy of trade negotiations, in particular in the context of TPP, frustrates demands from civil society for greater transparency and public participation. Ironically, Brexit and Trump’s presidency may contribute to further entrenching free trade, at the expense of social concerns, rather than undermine it. The withdrawal of the US from the TPP—and possibly from the NAFTA and the WTO—does not mean that Trump disdains free trade, but rather displays his preference for bilateral or unilateral action. Similarly, Brexit gives the UK a good opportunity to pursue FTA talks that will unleash its economic competiveness without needing to overcome the hurdles of social clauses normally contained in EU FTAs. Thus the paradox: resentment against economic integration and trade liberalization contribute to Brexit and a Trump presidency, which in turn leads to the more radical pursuit of free trade.
Against this background, the Institute of European and American Studies (IEAS), Academia Sinica intends to organize an international conference devoted to these debates on 15-16 (Wed-Thu) November, 2017 in Taipei, Taiwan. The potential topics include, but are not limited to, the following issues:
The organizer will be able to cover a round-trip ticket (economy class) and local accommodation. The organizer intends to publish the conference papers, with revisions made in accordance with the comments of participants and/or reviewers, as an edited volume by an international renowned publisher. The organizer welcomes lawyers, political scientists, and sociologists submit an abstract of less than 500 words outlining the main arguments, supported with a short CV of two pages or less indicating the author’s affiliation, contact, and relevant publications before May 1, 2017 Interdisciplinary works are particularly encouraged. Successful applicants will be notified by May 20, 2017. Abstracts are to be submitted to Dr. Chien-Huei Wu firstname.lastname@example.org as well the project manager Mr. David Kuan-Wei Wu email@example.com. Queries about the conference can also be made to the above email addresses.
- The shift from embedded liberalism to neoliberalism and its critique
- The future of mega-FTAs in the wake of Trump and Brexit: Free and Freer Trade and the role of China
- Trump’s trade policy and the end of the WTO?
- Populism and economic integration and trade liberalization
- Social impact/consequences of economic integration and trade liberalization
1st May: Deadline for Abstracts
20th May: Notification of Successful Applicants
20th October: Conference Papers Due
15th-16th November: Conference on Rethinking Free Trade Takes Place in Taipei
31th March 2018: Revised Chapters Due
- Regulatory Intermediaries in the Age of Governance
- Kenneth W. Abbott, David Levi-Faur, & Duncan Snidal, Introducing Regulatory Intermediaries
- Kenneth W. Abbott, David Levi-Faur, & Duncan Snidal, Theorizing Regulatory Intermediaries: The RIT Model
- Mathias Koenig-Archibugi, Kate Macdonald, The Role of Beneficiaries in Transnational Regulatory Processes
- Tetty Havinga & Paul Verbruggen, Understanding Complex Governance Relationships in Food Safety Regulation: The RIT Model as a Theoretical Lens
- Timothy D. Lytton, The Taming of the Stew: Regulatory Intermediaries in Food Safety Governance
- Graeme Auld & Stefan Renckens, Rule-Making Feedbacks through Intermediation and Evaluation in Transnational Private Governance
- Allison Marie Loconto, Models of Assurance: Diversity and Standardization of Modes of Intermediation
- Andreas Kruck, Asymmetry in Empowering and Disempowering Private Intermediaries: The Case of Credit Rating Agencies
- Martino Maggetti, Christian Ewert, & Philipp Trein, Not Quite the Same: Regulatory Intermediaries in the Governance of Pharmaceuticals and Medical Devices
- Nicole De Silva, Intermediary Complexity in Regulatory Governance: The International Criminal Court’s Use of NGOs in Regulating International Crimes
- Axel Marx & Jan Wouters, Rule Intermediaries in Global Labor Governance
- Jeroen van der Heijden, Brighter and Darker Sides of Intermediation: Target-Oriented and Self-Interested Intermediaries in the Regulatory Governance of Buildings
- Tom Pegram, Regulatory Stewardship and Intermediation: Lessons from Human Rights Governance
- Jacint Jordana, Transgovernmental Networks as Regulatory Intermediaries: Horizontal Collaboration and the Realities of Soft Power
- Jean-Pierre Galland, Big Third-Party Certifiers and the Construction of Transnational Regulation
- Kenneth W. Abbott, David Levi-Faur, & Duncan Snidal, Enriching the RIT Framework
Monday, March 13, 2017
- Andrew Friedman, Submarine Telecommunication Cables and a Biodiversity Agreement in ABNJ: Finding New Routes for Cooperation
- Fayokemi Olorundami, Objectivity versus Subjectivity in the Context of the ICJ’s Three-stage Methodology of Maritime Boundary Delimitation
- Zoe Scanlon, Taking Action against Fishing Vessels without Nationality: Have Recent International Developments Clarified the Law?
- Suk Kyoon Kim, Maritime Boundary Negotiations between China and Korea: The Factors at Stake
- Mary George; Abdul Samad Shaik Osman; Hanafi Hussin & Anneliz Reina George, Protecting the Malacca and Singapore Straits from Ships’ Atmospheric Emissions through the Implementation of MARPOL Annex VI
- Viktor Weber & Michael N. Tsimplis, The UK Liability Framework for the Transport of CO2 for Offshore Carbon Capture and Storage Operations
- Seokwoo Lee, The Sewol Ferry Disaster in Korea: Liability and Compensation Issues
Trubek, Morosini, & Sanchez Badin: Brazil in the Shadow of Mega-Regional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses
This paper addresses the impact of TPP-like policies on third countries, looking at the case of Brazil, one of the most important emerging economies. We argue that TPP-like agreements are a way to bypass resistance to neoliberal ordering in the WTO through the institution of alternative fora. We investigate whether this type of agreement -- or bilateral agreements with TPP-type standards -- could represent a threat to Brazil's state-led development mode and conclude they could significantly affect industrial policy, the role of state-owned enterprises, and foreign investment regulation while possibly also constraining Brazil's policy space in areas such as intellectual property and the digital economy. We review a series of pragmatic moves by Brazil as it seeks to carve out a new role in global economic space in a period of rapid change. This evolving approach, we contend, could allow Brazil to engage in the 21st century economy while preserving the core of its state-led development model.
Fossil fuel subsidies, like subsidies to the fishing sector, lead to trade-distorting and ecologically harmful practices. The US$35 billion in subsidies provided by countries every year to the fishing sector leads to more and more boats being built, even as 90% of fish stocks are either fully exploited or overfished. An estimated US$650 billion in subsidies provided annually to the fossil fuel sector supports increased production and consumption, even as evidence emerges that oil, gas and coal reserves must remain unexploited to limit global warming increases to 2° Celsius. Of course, each country has its own development priorities, livelihood concerns and need for food and energy security. Agreeing upon subsidy reform is a complex undertaking requiring social, political and historical considerations, and involving international legal regimes that govern climate change, energy, fisheries and trade. This article reviews proposals for reform within the World Trade Organization and regional trade agreements, including the new disciplines on fisheries subsidies in the recently concluded text of the Trans-Pacific Partnership. Consensus is emerging on the need to prohibit subsidies that contribute to overfishing or that are linked to illegal, unreported or unregulated fishing. The article shows how these legal developments might inform attempts to limit fossil fuel production and consumption subsidies. It highlights the need for learning and open deliberation about subsidy reform by affected stakeholders, including representatives from international organisations and civil society. It also points to new arrangements that link compliance with subsidy rules to standards and benchmarks from fisheries regimes, and demonstrates how such inter-regime connections are legitimate in the context of the fragmentation of international law. While reform to fisheries subsidies is still preliminary and fraught, there are useful lessons for the equally important project of energy transitions.
- Jerry Jie Hua, Implementation of the Marrakesh Treaty for Visually Impaired Persons into the Chinese Copyright Law
- Haijun Lu, Can Nordic Extended Collective Licence Be Transplanted to China?
- Chunlei Zhao, Jurisdiction Ratione Temporis in Successive International Investment Agreements: What Can Chinese Investors Learn from the Ping An Case?
- Current Developments
- Tsung-Sheng Liao, Regional Trade Agreements as Laboratories for New Trade Disciplines to Tackle Climate Change: Why and How?
- Stuart S. Malawer, Trump's China Trade Policies: Threats and Constraints
- Yucong Wang, Indirect Expropriation and One Belt One Road Initiative: A Pivotal Issue for the Implementation of China’s Refreshed Strategy for Foreign Investment
- Lingtong Kong, A Brief Review of UDRP: Achievements, Challenges and Recommendations
- Prince-Arnaud Adiko, Connecting the Belt and Road Initiative to the Suez Economic and Trade Cooperation Zone Development
- Xiangqian Gong, THAAD and China’s Trade Policy with South Korea
- Seryon Lee, Trump’s “America First” Doctrine and Trans-Pacific Partnership
- Keyao Zhang, China Beamed Confidence into Economic Globalization on WEF
The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analysed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organisations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.
Voon: Consolidating International Investment Law: The Mega-Regionals as a Pathway Towards Multilateral Rules
Pessimism abounds in international economic law. The World Trade Organization (‘WTO’) faces an uncertain future following its Ministerial Conference in Nairobi in 2015. International investment law is under attack in countries around the world, while mega-regional agreements such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership are beset by world events, from the United States’ federal election to the unexpected Brexit outcome. Yet the appetite of numerous States to continue forging plurilateral trade and investment deals provides some cause for hope. Viewed alongside other institutional developments including consensus-building work at the United Nations Conference on Trade and Development and the United Nations Commission on International Trade Law, the potential arguably now exists for credible movement towards multilateral rules in investment law. While the WTO’s current negotiating stalemate highlights the difficulties in reaching agreement among 164 Members, international trade law offers lessons for working towards multilateralism in the international investment law field. Alongside informal discussions about a world investment court, mega-regionals provide a vehicle for future multilateral investment rules, particularly through the Comprehensive Economic and Trade Agreement between Canada and the European Union, and the Regional Comprehensive Economic Partnership currently under negotiation in Asia.
Alschner: Locked in Language: Historical Sociology and the Path Dependency of Investment Treaty Design
Past legal language exerts an almost magnetic force on negotiators. From boilerplate treaties or copy-and-paste adaptations to the codification of prior jurisprudence – practitioners constantly recycle already existent terms, phrases and concepts into new legal outputs. In this contribution, I link the reproduction of legal language to the concept of path dependency and apply it to international investment agreements. I show that historical sociology rather than rational design helps to explain the path-dependent style and content of today’s investment regime. Using the fair and equitable treatment clause as a case study, I trace how these clauses first emerged haphazardly in investment law, yet then became entrenched through efficiency considerations, sociological forces and cognitive biases. The ensuing path dependency has prevented adaptations of superior treaty design alternatives and instead geared negotiators into reproducing or refining the fair and equitable treatment standard. Differently put, negotiators have become locked in language. I conclude by outlining ways how current reform efforts can overcome the system’s path dependency to allow for innovation inspired not by past practices but by current needs.