Thursday, September 29, 2016

Ramcharan: United Nations Protection of Humanity and Its Habitat

Bertrand G. Ramcharan has published United Nations Protection of Humanity and Its Habitat: A New International Law of Security and Protection (Brill | Nijhoff 2016). Here's the abstract:
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.

Workshop: Interaction Between Human Rights: 50 Years of the Covenants

Today and tomorrow, September 29-30, 2016, INTRAlaw (International and Transnational Tendencies in Law) at the Aarhus University Department of Law will host a workshop on "Interaction Between Human Rights: 50 Years of the Covenants." The program is here. Here's the idea:

The colloquium will bring together scholars working on the interaction within the human rights regime on the international, regional and domestic planes. What is of interest is the way that the two covenants have influenced each other in their legal development; and, significantly, the way that different human rights systems have influenced each other in the definition and implementation of these rights.

Particular attention will be given to the activities of the Human Rights Committee and the Committee on Economic Social and Cultural Rights, and their role in interpreting and driving implementation of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Wednesday, September 28, 2016

New Issue: The Law and Practice of International Courts and Tribunals

The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 15, no. 2, 2016) is out. Contents include:
  • Developing International Law at the Bar: A Growing Competition among International Courts and Tribunals
    • Pierre Bodeau-Livinec & Chiara Giorgetti, Developing International Law at the Bar: A Growing Competition among International Courts and Tribunals
    • Mathias Forteau, Regulating the Competition between International Courts and Tribunals: The Role of Ratione Materiae Jurisdiction under Part XV of UNCLOS
    • Makane Moïse Mbengue, The Settlement of Trade Disputes: Is There a Monopoly for the WTO?
    • Catherine Tinker, The Guarani Aquifer Accord: Cooperation in South America towards Prevention of Harm and Sustainable, Equitable Use of Underground Transboundary Water
    • Jose Magnaye & August Reinisch, Revisiting Res Judicata and Lis Pendens in Investor-State Arbitration
    • Chester Brown, Investment Treaty Tribunals and Human Rights Courts: Competitors or Collaborators?
  • Research Articles
    • Yoshifumi Tanaka, Reflections on the Philippines/China Arbitration: Award on Jurisdiction and Admissibility
    • Hanna Kuczyńska, The Scope of Appeal on Complementarity Issues before the ICC: On the Example of the Appeal of Côte d’Ivoire against the Decision of Pre-Trial Chamber I in the Simone Gbagbo Case
    • Steven William Kayuni, Quis Custodiet Ipsos Custodes (Who is Guarding the Guardians)? – Decision Processes in the ICC’s Offences Against the Administration of Justice
    • Michael Gyan Nyarko & Henrietta Markfre Ekefre, Recent Advances in Children’s Rights in the African Human Rights System: A Review of the Decision of the African Committee of Experts on the Rights and Welfare of the Child in the Talibés Case

Call for Submissions: Shifting Forms and Levels of Cooperation in International Economic Law

The Netherlands Yearbook of International Law has issued a call for submissions for its forthcoming volume on the topic of "Shifting Forms and Levels of Cooperation in International Economic Law: Structural Developments in Trade, Investment and Financial Regulation." Here's the call:

CALL FOR PAPERS

Netherlands Yearbook of International Law, vol 48 (2017)

Shifting Forms and Levels of Cooperation in International Economic Law: Structural Developments in Trade, Investment and Financial Regulation

The Netherlands Yearbook of International Law (NYIL) invites submissions for its volume 48 (2017) on the topic of Shifting Forms and Levels of Cooperation in International Economic Law: Structural Developments in Trade, Investment and Financial Regulation.

This volume aims to explore which emerging trends can be observed in selected fields of international economic law, with a focus on trade, investment and financial regulation. It will do so by looking both at a shift in the levels of cooperation (from global/multilateral to plurilateral, regional or bilateral – or vice versa), and at shifts in the forms of cooperation (examining changing actors and instruments for cooperation). It will examine these questions both from a conceptual and a practical perspective.

Conceptually, the volume aims to apply contributions on integration theories, such as neofunctionalism and new institutionalism, to explain the drivers for the trends observed in selected policy areas. Inter alia, the progression in the underpinnings for regionalism, and the role of policy makers and stakeholders as drivers of changes in the level of cooperation pursued by States may be addressed. Practically, this volume aims to assess the implications of the different levels and forms of cooperation observable in the chosen policy fields, and of shifts in both.

Possible topics include, but are not limited to:

  • The changing function of international economic law
  • The movement from multilateral to bilateral, regional or plurilateral trade agreements
  • The role of emerging economies in the shift to regionalism
  • The effect of regionalism on the WTO
  • The role of business and market actors
  • The importance of global value chains for drive towards mega-regional agreements
  • The effect of new mega-regionals on developing countries
  • The possibilities for a multilateral or plurilateral framework on investment
  • Theoretical analyses of multilateralism and regionalism

The full description of the topic of the volume can be found here.

Abstracts of maximum 500 words should be submitted by 31 October 2016 to the Managing Editor, Dr Bérénice Boutin (b.boutin@asser.nl). Please also attach a one-page curriculum vitae, and include ‘NYIL 2017’ in the subject line.

Successful applicants will be notified by 30 November 2016. Complete drafts of papers (of maximum 12,000 words) must be submitted by 31 March 2017.

Happold: Targeted Sanctions and Human Rights

Matthew Happold (Université du Luxembourg - Law) has posted Targeted Sanctions and Human Rights (in Economic Sanctions and Human Rights, Matthew Happold & Paul Eden eds., forthcoming). Here's the abstract:
This chapter examines the compatibility of targeted sanctions – that is, sanctions directed against specific named persons – with the human rights of those who they target. It addresses both sanctions imposed by the United Nations Security Council and other international organisations, in particular the European Union, and individual States. And it does so by looking at the compatibility of such sanctions with procedural and substantive human rights.

Low, Osakwe, & Oshikawa: African Perspectives on Trade and the WTO

Patrick Low (Univ. of Hong Kong), Chiedu Osakwe (World Trade Organization), & Maika Oshikawa (World Trade Organization) have published African Perspectives on Trade and the WTO: Domestic Reforms, Structural Transformation and Global Economic Integration (Cambridge Univ. Press 2016). Contents include:
  • Patrick Low, Chiedu Osakwe & Maika Oshikawa, Introduction and overview
  • Fatima Haram Acyl, African Union priorities in the WTO
  • Okechukwu E. Enelamah, Economic diversification in Africa's number one economy
  • Rob Davies, Trade, investment and development
  • Joshua Setipa, Integration into regional and global value chains - how is it done?
  • Moulay Hafid El Alamy, From Marrakesh to Nairobi: a force for the world trading system: from the past twenty years to the next twenty years
  • Arancha González, Building capacity in Africa to facilitate integration into global value chains: contributions from the ITC
  • Joakim Reiter, Investment and trade rules: increasing the stock of African foreign direct investment flows
  • Anabel González, Deepening African integration: intra-African trade for development and poverty reduction
  • Michael Finger, Rising Africa in world trade? A story of traditional commodities and new products
  • Maika Oshikawa, Ukamaka Anaedu & Vicky Chemutai, Trade policy trends in Africa: empirical evidence from twenty years of WTO trade policy reviews
  • Stephen Karingi, Ottavia Pesce & Simon Mevel, Preferential trade agreements in Africa: lessons from the tripartite free trade agreements and an African continent-wide FTA
  • Bernard Hoekman, African trade integration and international production networks
  • Marcus Bartley Johns, Christina Busch & Gerard McLinden, Implementing trade facilitation reform in Africa
  • Chiedu Osakwe, Trade rules, industrial policy and competitiveness: implications for Africa's development
  • Alexei P. Kireyev, WTO accessions, reforms and competitiveness: lessons for Africa
  • Yuan Yuan, Driving economic growth through trade policy reforms and investment attraction in the open world economy: the experience of China
  • Patrick Low, Chiedu Osakwe & Maika Oshikawa, Conclusions

Acharya: Regional Trade Agreements and the Multilateral Trading System

Rohini Acharya (World Trade Organization) has published Regional Trade Agreements and the Multilateral Trading System (Cambridge Univ. Press 2016). Contents include:
  • Jo-Ann Crawford, Market access provisions on trade in goods in regional trade agreements
  • Maria Donner Abreu, Preferential rules of origin in regional trade agreements
  • Nora Neufeld, Trade facilitation under the RTA umbrella: origins and evolution
  • Jean-Daniel Rey, Do regional anti-dumping regimes make a difference?
  • Jo-Ann Crawford, Jo McKeagg & Julia Tolstova, Mapping of safeguard provisions in regional trade agreements
  • Lee Ann Jackson & Hanna Vitikala, Cross-cutting issues in regional trade agreements: sanitary and phytosanitary measures
  • Ana Cristina Molina & Vira Khoroshavina, Technical barriers to trade provisions in regional trade agreements: to what extent do they go beyond the WTO TBT Agreement?
  • Pierre Latrille, Services rules in regional trade agreements: how diverse and/or creative are they compared to the multilateral rules?
  • Raymundo Valdés & Maegan McCann, Intellectual property provisions in regional trade agreements: revision and update
  • Claude Chase, Alan Yanovich, Jo-Ann Crawford & Pamela Ugaz, Mapping of dispute settlement mechanisms in regional trade agreements – innovative or variations on a theme?
  • Rohini Acharya, Some conclusions

Les Etats et les migrations en droit international

Le premier débat du Réseau mondial des sociétés pour le droit international initié par la SFDI aura lieu aujourd'hui le 28 septembre et portera sur Les Etats et les migrations en droit international. Il réunira trois spécialistes de la question : Vincent Chetail (Suisse), T. Alexander Aleinikoff (Etats-Unis d’Amérique), et Linda Kirk (Australie), qui exposeront leur position et éclaireront les débats ayant cours dans leur Etat ou région. Le débat, d’une durée de 30 mn, sera retransmis immédiatement sur le site, à partir du 28 septembre 15H (Paris) / 9H New York / 23H30 Melbourne.

Tuesday, September 27, 2016

New Issue: Revue trimestrielle des droits de l'homme

The latest issue of the Revue trimestrielle des droits de l'homme (No. 108, October 2016) is out. Contents include:
  • F. Philippe, L’arbitrage sportif, la lutte contre le dopage et le respect des droits fondamentaux des sportifs professionnels : une incertitude peu glorieuse
  • F. Dubuissson, La Cour européenne des droits de l’homme et la surveillance de masse
  • A. Di Marco, L’État face aux arrêts pilotes de la Cour européenne des droits de l’homme
  • M. Hertig Randall & D. Hänni, La caméra cachée, entre journalisme d’investigation et voyeurisme
  • É. Montero & Q. Van Enis, Les gestionnaires de forums et portails d’actualités cueillis à froid par la Cour de Strasbourg ?
  • J. Ferrero, État des lieux de la justiciabilité des droits économiques, sociaux et culturels dans le système interaméricain
  • M. Brillat, Ombre et lumière du Comité européen des droits sociaux
  • G. Gonzalez, Quel génocide arménien?
  • J-P- Marguénaud & J. Mouly, Big Boss is watching you – Alerte sur le contrôle des activités électroniques du salarié
  • C. Pettiti, Hommage à Me Michel Puéchavy, un lanceur d’alertes humaniste

Criddle & Fox-Decent: Fiduciaries of Humanity: How International Law Constitutes Authority

Evan J. Criddle (William & Mary Law School) & Evan Fox-Decent (McGill Univ. - Law) have published Fiduciaries of Humanity: How International Law Constitutes Authority (Oxford Univ. Press 2016). Here's the abstract:
Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.

Fuentes: Normative Plurality in International Law

Carlos Iván Fuentes has published Normative Plurality in International Law: A Theory of the Determination of Applicable Rules (Springer 2016). Here's the abstract:
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Max Planck Lecture Series on Sovereign Debt

Here's the schedule for this fall's Lecture Series on Sovereign Debt at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law:
  • October 5, 2016: Ugo Panizza (Graduate Institute of International and Development Studies), The Law and Economics of Sovereign Debt and Default – Discussant: Pierre-Henri Conac (Univ. of Luxembourg)
  • October 26, 2016: Robert Howse (New York Univ.), Sovereign Debt Restructuring and International Law – Discussant: Matthias Goldmann (Max Planck Institute for Comparative Public Law and International Law and Goethe Univ. Frankfurt)
  • November 3, 2016: Mathias Audit (Univ. Paris I Panthéon-Sorbonne), Implications of Recent Sovereign Debt Litigation: Lessons from Argentina and Greece – Discussant: Regis Bismuth (Univ. of Poitiers)
  • November 9, 2016: Michael Waibel (Cambridge Univ.), Investment Arbitration as a means of Resolving Sovereign Debt Dispute – Discussant: Rodrigo Olivares-Caminal (Queen Mary Univ. of London)
  • November 30, 2016: Philip R. Wood (Allen & Overy), Proposals for Reform of Sovereign Debt Restructuring: The Contractual Approach – Discussant: Prof. Christoph G. Paulus (Humboldt Univ. of Berlin)
  • December 14, 2016: Lee C. Buchheit (Cleary Gottlieb), Proposals for Reform of Sovereign Debt Restructuring: The Statutory Approach – Discussant: Luis M. Hinojosa-Martinez (Granada Univ.)

Macklem: Thick Law, Thin Justice

Patrick Macklem (Univ. of Toronto - Law) has posted Thick Law, Thin Justice (Michigan Law Review, forthcoming). Here's the abstract:

Steven Ratner’s The Thin Justice of International Law offers a timely, comprehensive and theoretically rich interdisciplinary theory of international law’s relationship with global justice. Ratner argues that the justice of legal norms that constitute our international legal order should be determined according to two criteria: the degree to which they causally bring about international and intrastate peace; and the degree to which they causally bring about a state of affairs in which basic human rights are respected.

This Essay explores three features of The Thin Justice of International Law: its commitment to rule consequentialism; its treatment of the state system as a fixed attribute of our international legal order; and its embrace of a political conception of human rights. Its commitment to rule consequentialism leads to the possibility that its two pillars of global justice might give way to more fundamental moral concerns relating to the attainment of human welfare and human flourishing, in which case another pillar — one directly that tests the justice of legal norms in terms of their proximity to human welfare — comprises another dimension to international law’s relationship to global justice. Its commitment to state system as a fixed attribute of our international legal order results in a thick conception of a just international legal system. Questions relating to international law’s distribution of sovereignty — its origins, the episodic recalibrations to which it is subject, especially during and after times of war, and its distributional consequences remain outside the normative sphere of global justice. One such question concerns the relationship between a system of sovereign states and global economic inequality. Its endorsement of a political conception of human rights does not protect interests from the adverse consequences of the distribution of sovereignty performed by international law in its aspiration to organize global politics into an international legal order. Human rights that speak to mitigate some of these consequences — the right to development in particular — seek to protect interests associated with human welfare and human flourishing in the face of both the distribution and exercise of sovereign power, and thus merit recognition on the list of human rights that a theory should seek to instantiate as a matter of global justice.

Monday, September 26, 2016

Sinclair: International Social Reform and the Invention of Development

Guy Fiti Sinclair (Victoria Univ. of Wellington - Law) has posted International Social Reform and the Invention of Development. Here's the abstract:
This paper challenges the standard narrative of the ‘birth’ or ‘invention’ of development, which depicts development as primarily an American invention of the decade following World War II, forged by US policy makers in the context of the Cold War and decolonization. in contrast, the account presented in this paper focuses on the sources of development thinking in the international social reform movement of the early twentieth century. In particular, the paper focuses on the European discourses of social reform and social law that arose in the nineteenth century and were promoted vigorously after World War I by the International Labor Organization (ILO). As this paper shows, the ILO's special contribution to the emergence of development stemmed from its efforts to apply a European model of social government to non-European societies, in both colonial and postcolonial settings; and from its work on scientific management, rationalization, and economic and social planning, at both a national and an international level. Moreover, the ILO was an important vector for transmitting these discourses and practices into the postwar United Nations system.

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 19, no. 3, September 2016) is out. Contents include:
  • General Articles
    • Wolfgang Alschner & Dmitriy Skougarevskiy, Mapping the Universe of International Investment Agreements
    • Gabriel Gari, Is the WTO's Approach to International Standards on Services Outdated?
    • Maria Anna Corvaglia, Public Procurement and Private Standards: Ensuring Sustainability Under the WTO Agreement on Government Procurement
    • Han-Wei Liu & Shin-Yi Peng, Managing Trade Conflicts in the ICT Industry: A Case Study of EU–Greater China Area
    • Ines Willemyns, Disciplines on State-Owned Enterprises in International Economic Law: Are We Moving in the Right Direction?
    • Moshe Hirsch, Explaining Compliance and Non-Compliance with ICSID Awards: The Argentine Case Study and a Multiple Theoretical Approach
    • Catarina Fernandes, Jorge Farinha, Francisco Vitorino Martins, & Cesario Mateus, Determinants of European Banks’ Bailouts Following the 2007–2008 Financial Crisis

Conference: Making International Economic Law Work: Integrating Disciplines and Broadening Policy Choices

On September 30-October 1, 2016, the American Society of International Law's International Economic Law Interest Group will hold its biennial conference at the Georgetown University Law Center. The theme is: "Making International Economic Law Work: Integrating Disciplines and Broadening Policy Choices." The program is here. Here's the idea:

From a research agenda perspective, we hope to foster a reflection on what international economic law as a discipline might look like when research focuses on the reality of blurred boundaries between the traditional fields of trade, investment, tax, finance and monetary law. From a policy perspective, we hope to explore the implications of legal imports from one field into another, how legal and policy options might be expanded in the face of converging trade, investment and financial law, as well as through emerging private and public-private sorts of ordering. Because the blurring boundaries have created challenges as well as opportunities, we also look forward to proposals identifying chasms and tensions that need to be addressed.

Illustrative Themes:

  • Cross-fertilization opportunities between trade, monetary and finance law: How does monetary law impact trade and finance, and vice-versa?
  • Soft law in international economic law: Are there lessons to be drawn from financial regulation for trade and investment?
  • How does regionalism shape and challenge international economic law?
  • Dispute resolution in the face of trade and investment treaty convergence: What are the opportunities and challenges raised by recent innovations? Is a unified system possible or desirable?
  • International economic law and systemic risk
  • Public-private partnerships in international economic law

Négri: La diversité dans la gouvernance internationale

Vincent Négri (Université Senghor d'Alexandrie - Law) has published La diversité dans la gouvernance internationale : Perspectives culturelles, écologiques et juridiques (Bruylant 2016). Contents include:
  • Geneviève Koubi, Diversité culturelle et protection de la diversité des expressions culturelles
  • Isabelle Schulte-Tenckhoff, La Déclaration des Nations unies sur les droits des peuples autochtones : prétexte à quelques réflexions sur les usages de la diversité culturelle
  • Vincent Négri, Dynamiques de la diversité dans la Convention-cadre du Conseil de l’Europe sur la valeur du patrimoine culturel pour la société
  • Isabelle Michallet, Figures de la biodiversité La notion de diversité biologique en droit international
  • Sandrine Maljean-Dubois, La Convention de Rio sur la diversité biologique
  • Riccardo Pavoni, Droit du commerce international et biodiversité après le Protocole de Nagoya
  • Geoffroy Filoche, Savoirs traditionnels et biodiversité : de l’enchevêtrement des enjeux aux aménagements du droit
  • Pierre-André Loizeau, Partager et conserver la diversité botanique
  • Tullio Scovazzi, La diversité, paradigme du droit international ? La diversité comme paradigme du droit international – Une notion en discussion
  • Pierre-Marie Dupuy, La diversité comme nouveau paradigme du droit international ?

Besson: Concurrent Responsibilities under the European Convention on Human Rights

Samantha Besson (University of Fribourg - Law) has posted Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties and Responsibilities (in The European Convention on Human Rights and General International Law, Anne van Aaken & Iulia Motoc eds., forthcoming). Here's the abstract:
After pertaining for a long time to its notion, conditions and related duties, the debate about jurisdiction, territorial or extraterritorial, in the ECHR has now reached the issue of its normative implications for States’ duties and responsibilities in circumstances where many States exercise concurrent jurisdiction at the same time. In response to this new challenge, the present chapter discusses how one should articulate the concurrent effective control and hence jurisdictions of different States; how one should specify and allocate their concurrent duties stemming from this concurrence of jurisdiction; and, finally, how one should attribute and then allocate their concurrent responsibilities when concurrent duties have been violated. Thereby, the chapter also contributes to the disentanglement of distinct issues whose relationship to the elusive notion of State ‘control’ has often led the ECtHR to conflate in its case-law on State responsibility. More generally, it shows how much the ECtHR’s practice has promoted and could promote even further the development of the still largely underexplored regime of concurrent or ‘shared’ responsibility in general international law.

Sunday, September 25, 2016

McGarry: Nicaragua's Impacts on Optional Clause Practice

Brian McGarry (Graduate Institute of International and Development Studies) has posted Nicaragua's Impacts on Optional Clause Practice (in Nicaragua Before the International Court of Justice: Impacts on International Law, Edgardo Sobenes & Benjamin Samson eds., forthcoming). Here's the abstract:
As we mark 30 years since Nicaragua prevailed in a watershed case before the ICJ, it is worth noting that Nicaragua’s practice under the Optional Clause of the ICJ Statute has coincided with rising numbers of declarations in force and applications instituting proceedings on that basis. The combined creativity of Nicaragua and the Court has propelled those trends by refining the international legal community’s understanding of this conceptually challenging provision of the Statute. In particular, Nicaragua v. United States has influenced the complexity of reservations and conditions in States’ declarations, as well as parties’ argumentative tactics in subsequent disputes. The present paper reviews the Court’s treatment in that case of the history and features of Article 36(2) of its Statute, assesses the theoretical, jurisprudential, and diplomatic consequences of those decisions, and investigates questions which Nicaragua has posed but not resolved during three decades of Optional Clause practice. The author concludes that the Nicaraguan cases have invigorated this jurisdictional mechanism—and thus the maintenance of international peace and security—beyond what might reasonably be expected from a more rigid system of compulsory dispute settlement.

Saturday, September 24, 2016

Kanetake & Cai: Chinese and Japanese Perspectives on UN Sanctions

Machiko Kanetake (Utrecht Univ. - Law) & Cai Congyan (Xiamen Univ. - Law) have posted Chinese and Japanese Perspectives on UN Sanctions (in Research Handbook on UN Sanctions and International Law, Larissa van den Herik ed., forthcoming). Here's the abstract:
This chapter analyzes how the methodological transition of the UN Security Council’s sanctions regimes has necessitated, as well as justified, greater changes in domestic law. This chapter examines the cases of two East Asian countries, the People’s of Republic of China (PRC) and Japan. The combined efforts to depict the two countries’ political and legal positions highlight the relevance of domestic political and legal contexts in ensuring the implementation of the UN Security Council’s international sanctions.

Friday, September 23, 2016

Bartels: The UK's Status in the WTO after Brexit

Lorand Bartels (Univ. of Cambridge - Law) has posted The UK's Status in the WTO after Brexit. Here's the abstract:
It has become conventional wisdom that once the UK leaves the EU it will have to renegotiate core aspects of its WTO rights and obligations, and in particular its concessions under Article II of the GATT 1994 and Article XX of the GATS. This article argues that, on the contrary, based on WTO law, GATT 1947 practice, and the rules of state succession, the position of the UK within the WTO will not change at all. First, the UK is already a full WTO member with full multilateral WTO rights and obligations, even if its commitments are set out in the EU's schedules. What will change after Brexit is simply that the exercise of these rights, and the assumption of responsibility (ie attribution) of these obligations will revert from the EU to the WTO. What remains is to identify these rights and obligations. This is straightforward for rights and obligations that apply erga omnes partes to WTO Members. It is more difficult to identify the UK's obligations in relation to tariff rate quotas and agricultural subsidies. However, this can be done, and, it is submitted, the UK is also entitled to submit a new schedule for certification as a 'change' not amounting to a 'modification' of its schedule. Any objections will, ultimately, have to be resolved in dispute settlement proceedings, where it is likely that, with properly designed schedules, the UK will prevail. This article also argues against the relevance of the territorial application clause in the EU and EU Member State GATS schedule, in light of customary international law on state succession, and contends, finally, that the UK is entitled to succeed to the Government Procurement Agreement as concluded by the EU in respect of UK covered entities.

Call for Submissions: BYBIL Symposium on "The Iraq Inquiry Report"

The British Yearbook of International Law has issued a call for submissions for a symposium on "The Iraq Inquiry Report," which will be featured in its 2016 volume. Here's the call:

CALL FOR PAPERS FOR A SYMPOSIUM

The Iraq Inquiry Report

The 2016 volume of the British Yearbook of International Law will feature a symposium examining the systemic issues that arise from the Iraq Inquiry Report on questions of international law, government and military decision-making, responsibility and accountability and the conduct of British foreign relations. By way of example, potential lines of inquiry could include (but are not limited to) an examination of

  • the implications of the Report’s findings for the legality of the 2003 invasion of Iraq;
  • the consequences/effect of the absence of direct consideration of international law in the Report (what does this tell us (if anything) about the role of domestic inquiries and of international law?);
  • the differences between the Report and reports prepared in other states dealing with some or all of the same issues, possibly including reflection on the disparate treatment of public international law;
  • the ways in which ‘state intelligence’ is handled by both those charged with making a decision on whether to deploy armed forces and by the authors of the Report itself;
  • the relationship between policy and law evinced by the Inquiry and the Report;
  • how decisions were made in the lead up to the final decision to deploy armed forces in Iraq – what lessons can be drawn for decisionmaking processes and foreign policy?
  • how international lawyers – scholars, judges, practitioners and legal advisers – should approach questions of state decision-making in light of the Report, and the potential implications for analysing state practice in international law;
  • whether the inquiry process has achieved some form of ‘responsibility’: what is the likely effect of the Report in securing responsibility and accountability? (Both concepts to be broadly defined.) What does the Inquiry process/Report tell us about how a state deals with the fact that it may have breached international law? Does the domestic inquiry process help to secure accountability, or does it obscure/diffuse it?
  • the dynamic between the focus on specific individuals in the Report (and the public perception that such individuals should be held accountable) and the notion of state – i.e. collective – responsibility?

SUBMISSION PROCESS

Abstracts of 500–1000 words are to be sent to the Assistant Editors at BritishYearbookIL@gmail.com by 17:00 GMT on 9 December 2016.

Authors considering a submission are encouraged to contact the Editors-in-Chief:

Professor Catherine Redgwell
catherine.redgwell@law.ox.ac.uk and
Professor Eyal Benvenisti
eb653@cam.ac.uk

or the Assistant Editors:
BritishYearbookIL@gmail.com
informally to discuss the scope of their submission.

The Editorial Team will conduct an initial review of abstracts and advise authors of their decisions by the end of January 2017.

Full papers will then be due by 1 June 2017, via the ScholarOne system, with the final decision of publication made after an editorial review. Full papers should be between 8,000 and 10,000 words (inclusive of footnotes), in the style preferred by the Yearbook.

Full papers will be released online under the Advance Access scheme once editing is complete, and the hard copy volume will appear in 2017.

Lauterpacht Centre Friday Lunchtime Lecture Series for Michaelmas Term 2016

Here's the schedule for the Lauterpacht Centre for International Law's Michaelmas Term 2016 Friday Lunchtime Lectures:
  • October 7, 2016: Gerry Simpson (LSE), Cold war international law
  • October 14, 2016: Mamadou Hébié (Leiden Univ.), Territorial sovereignty by treaty: a study of the agreements between colonial powers and local political entities
  • October 21, 2016: Rita Kesselring (Basel Univ.), Victimhood, law and the body
  • October 28, 2016: Christine Chinkin (LSE), International law and women, peace and security (Q&A session)
  • November 4, 2016: Adam Branch (Univ. of Cambridge), After the ICC? The politics and possibilities of an African Criminal Court
  • November 11, 2016: Jure Vidmar (Maastricht Univ.), Legal capacity, state responsibility, and the use of force
  • November 18, 2016: Doreen Lustig (Tel Aviv Univ.), Late 19th-century international law: between facilitation and constraint
  • November 25, 2016: William Magnuson (Texas A&M Univ.), Unilateral regulation of global corporate problems
  • December 2, 2016: Jan Wouters (KU Leuven), Brussels meets Westphalia: the EU in the United Nations

Devaney: Fact-Finding before the International Court of Justice

James Gerard Devaney (Univ. of Glasgow - Law) has published Fact-Finding before the International Court of Justice (Cambridge Univ. Press 2016). Here's the abstract:
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Thursday, September 22, 2016

Mann: Humanity at Sea: Maritime Migration and the Foundations of International Law

Itamar Mann (Univ. of Haifa - Law) has published Humanity at Sea: Maritime Migration and the Foundations of International Law (Cambridge Univ. Press 2016). Here's the abstract:
This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.