- Symposium on the South China Sea Arbitration
- M.C.W. Pinto, Arbitration of the Philippine Claim Against China
- Xinmin Ma, Merits Award Relating to Historic Rights in the South China Sea Arbitration: An Appraisal
- Seokwoo Lee & Leonardo Bernard, South China Sea Arbitration and its Application to Dokdo
- Hao Duy Phan & Lan Ngoc Nguyen, The South China Sea Arbitration: Bindingness, Finality, and Compliance with UNCLOS Dispute Settlement Decisions
- Douglas Guilfoyle, The South China Sea Award: How Should We Read the UN Convention on the Law of the Sea?
- Diane A. Desierto, Enforcement Options and Paths to Compliance: Disputants and Global Stakeholders in Philippines v. China
- Tara Davenport, Island-Building in the South China Sea: Legality and Limits
- Lan Ngoc Nguyen, The UNCLOS Dispute Settlement System: What Role Can It Play in Resolving Maritime Disputes in Asia?
- Gabrielle Simm, Disaster Response in Southeast Asia: The ASEAN Agreement on Disaster Response and Emergency Management
- Rebecca Barber, Legal Preparedness for the Facilitation of International Humanitarian Assistance in the Aftermath of Vanuatu’s Cyclone Pam
- Felicity Gerry, Thomas Harré, Nathalina Naibaho, Julia Muraszkiewicz, & Neil Boister, Is the Law an Ass When It Comes to Mules? How Indonesia Can Lead a New Global Approach to Treating Drug Traffickers as Human Trafficked Victims
- Jaya Anil Kumar, The Impact of Human Trafficking in ASEAN: Singapore as a Case-Study
- Anupam Jha, The Law on Trafficking in Persons: The Quest for an Effective Model
- Ranyta Yusran, The ASEAN Convention Against Trafficking in Persons: A Preliminary Assessment
Saturday, February 17, 2018
Friday, February 16, 2018
- JHHW, Je Suis Achbita!; The Trump Jerusalem Declaration and the Rule of Unintended Consequences; 10 Good Reads; A propos Book Reviewing; EJIL Roll of Honour; In This Issue
- Catherine O’Rourke, Feminist Strategy in International Law: Understanding Its Legal, Normative and Political Dimensions
- Anthony Reeves, Liability to International Prosecution: The Nature of Universal Jurisdiction
- Focus: Responsibility
- Luke Glanville, The Responsibility to Protect beyond Borders in the Law of Nature and Nations
- Sandesh Sivakumaran, Extrapolation, Analogy, and Form: the Emergence of an International Law of Disaster Relief
- Jan Klabbers, Reflections on Role Responsibility: The Responsibility of International Organisations for Failing to Act
- New Voices: A Selection from the Fifth Annual Junior Faculty Forum for International Law
- Neha Jain, Radical Dissents in International Criminal Trials
- Lawrence Hill-Cawthorne, Rights under International Humanitarian Law
- Cheah W.L., The Curious Case of Singapore’s BIA Desertion Trials: War Crimes, Projects of Empire, and the Rule of Law
- Afterword: Laurence Boisson de Chazournes and Her Critics
- Yuval Shany, Plurality as a Form of (Mis)management of International Dispute Settlement: Afterword to Laurence Boisson de Chazournes’ Foreword
- Thomas Streinz, Winners and Losers of the Plurality of International Courts and Tribunals: Afterword to Laurence Boisson de Chazournes’ Foreword
- Veronika Bilkova, The Threads (or Threats?) of a Managerial Approach: Afterword to Laurence Boisson de Chazournes’ Foreword
- Sergio Puig, Experimentalism, Destabilization, and Control in International Law: Afterword to Laurence Boisson de Chazournes’ Foreword
- Laurence Boisson de Chazournes, Plurality in the Fabric of International Courts and Tribunals: The Threads of a Managerial Approach – Fears and Anxieties: A Rejoinder
- Roaming Charges
- Moments of Dignity: Ash Wednesday, Bogotà Colombia
- Experimental International Law - EJIL: Debate!
- Yahli Shereshevsky & Tom Noah, Does Exposure to Preparatory Work Affect Treaty Interpretation? An Experimental Study on International Law Students and Experts
- Jeffrey L. Dunoff & Mark A. Pollack, Experimenting with International Law: A Reader’s Guide
- Critical Review of International Governance
- Rebecca Schmidt, Protecting the Environment through Sports? Public-Private Cooperation for Regulatory Resources and International Law
- Onuma Yasuaki, Reading the Book that Makes One a Scholar
- Review Essay
- Julia Dehm, Authorizing Appropriation?: Law in Contested Forested Spaces
- Literature Review
- Christina Binder & Jane A. Hofbauer, Teaching International Human Rights Law: A Textbook Review
- Book Reviews
- Jacob Katz Cogan, reviewing Guy Fiti Sinclair, To Reform the World: International Organizations and the Making of Modern States
- Michael A. Becker, reviewing Christian Henderson (ed.), Commissions of Inquiry: Problems and Prospects
- Hannah Birkenkötter, reviewing Valentin Jeutner, Irresolvable Norm Conflicts in International Law: The Concept of a Legal Dilemma
- The Last Page
- Gregory Shaffer, Kathmandu
Thursday, February 15, 2018
Beneyto & Corti Varela: At the Origins of Modernity: Francisco de Vitoria and the Discovery of International Law
- Anthony Pagden, Introduction: Francisco de Vitoria and the Origins of the Modern Global Order
- Franco Todescan, From the “Imago Dei” to the “Bon Sauvage”: Francisco de Vitoria and the Natural Law School
- Simona Langella, The Sovereignty of Law in the Works of Francisco de Vitoria
- André Azevedo Alves, Vitoria, the Common Good and the Limits of Political Power
- Andrew Fitzmaurice, The Problem of Eurocentrism in the Thought of Francisco de Vitoria
- Yolanda Gamarra, On the Spanish Founding Father of Modern International Law: Camilo Barcia Trelles (1888–1977)
- Mauro Mantovani, Francisco de Vitoria on the “Just War”: Brief Notes and Remarks
- Francisco Castilla Urbano, Prevention and Intervention in Francisco de Vitoria’s Theory of the Just War
- Jörg Alejandro Tellkamp, Francisco de Vitoria on Self-defence, Killing Innocents and the Limits of “Double Effect”
- Pablo Zapatero Miguel, Francisco de Vitoria and the Postmodern Grand Critique of International Law
- Johannes Thumfart, Francisco de Vitoria and the Nomos of the Code: The Digital Commons and Natural Law, Digital Communication as a Human Right, Just Cyber-Warfare
Bruno, Palombino, & Rossi: Migration and the Environment: Some Reflections on Current Legal Issues and Possible Ways Forward
- Giovanni Carlo Bruno, Fulvio Maria Palombino, & Valentina Rossi, Preface
- Mariana Ferolla Vallandro do Valle, Six of One, Half a Dozen of the Other: the Inefficiency of Recognizing Refugee Status to Environmentally Displaced Persons
- Fulvia Staiano, State Responsibility for Climate Change under the UNFCCC Regime: Challenges and Opportunities for Prevention and Redress
- Giuseppe Morgese, Environmental Migrants and the EU Immigration and Asylum Law: Is There any Chance for Protection?
- Giovanni Sciaccaluga, Sudden-Onset Disasters, Human Displacement, and the Temporary Protection Directive: Space for a Promising Relationship?
- Maria Vittoria Zecca, The Protection of “Environmental Refugees” in Regional Contexts
- Ana Carolina Barbosa Pereira Matos, Tarin Cristino Frota Mont’Alverne, The UN Ocean Conference and the Low-Lying States Situation: Would the UN SD Goal 14 Suffice to Avoid a Migratory Emergency?
- Patrycja Magdalena Zgoła, The Nansen Initiative and the Migrants in Countries in Crisis Initiative: New Frameworks for more Effective Migrants Protection
- Stefano Recchia, Should humanitarian interveners promote democracy after genocide?
- Tobias Lenz, Frame diffusion and institutional choice in regional economic cooperation
- Jonathan Joseph & Milja Kurki, The limits of practice: why realism can complement IR’s practice turn
- Andreas H. Hvidsten & Kjersti Skarstad, The challenge of human rights for peace research
- Maria Leek & Viacheslav Morozov, Identity beyond othering: crisis and the politics of decision in the EU’s involvement in Libya
Spanish Abstract: El constitucionalismo global es una agenda que identifica y defiende la aplicación de principios constitucionalistas en la esfera jurídica internacional. La constitucionalización global supone la aparición gradual de unas características constitucionalistas en el derecho internacional. Las críticas del constitucionalismo global tienden a dudar de la realidad empírica de la constitucionalización, lo que lleva a preguntarse por el valor analítico del constitucionalismo como aproximación académica y a preocuparse por que el discurso pueda ser normativamente peligroso al ser anti pluralista, por crear artificialmente una falsa legitimidad y por prometer unos fines políticos surreales. El presente artículo aborda estas objeciones. Se argumenta que la constitucionalización global podría compensar los déficits constitucionalistas a nivel nacional por la globalización inducida; que una lectura constitucionalista del derecho internacional podría servir como una herramienta hermenéutica, y que el vocabulario constitucionalista destapa los déficits de legitimidad del derecho internacional ofreciendo soluciones. El constitucionalismo global tiene entonces un verdadero y necesario potencial crítico y responsabilizador.
English Abstract: Global constitutionalism is an agenda that identifies and advocates for the application of constitutionalist principles in the international legal sphere. Global constitutionalization is the gradual emergence of constitutionalist features in international law. Critics of global constitutionalism doubt the empirical reality of constitutionalization, call into question the analytic value of constitutionalism as an academic approach, and fear that the discourse is normatively dangerous because it is anti-pluralist, artificially creates a false legitimacy, and promises an unrealistic end of politics. This article addresses these objections. I argue that global constitutionalization is likely to compensate for globalization induced constitutionalist deficits on the national level, that a constitutionalist reading of international law can serve as a hermeneutic device, and that the constitutionalist vocabulary uncovers legitimacy deficits of international law and suggests remedies. Global constitutionalism, therefore, has a responsibilizing and much-needed critical potential.
- M. Joel Voss, Contesting Sexual Orientation and Gender Identity at the UN Human Rights Council
- Guy Aitchison, Are Human Rights Moralistic?
- Stephanie Chan, Principle Versus Profit: Debating Human Rights Sanctions
- Salvador Santino Fulo Regilme Jr, Does US Foreign Aid Undermine Human Rights? The “Thaksinification” of the War on Terror Discourses and the Human Rights Crisis in Thailand, 2001 to 2006
- Simon Zschirnt, Locking In Human Rights in Africa: Analyzing State Accession to the African Court on Human and Peoples’ Rights
Wednesday, February 14, 2018
- Christina Binder & Lando Kirchmair, Die Legitimität internationaler Wahlstandards: Völkerrechtliche Defizite und eine politikwissenschaftliche Perspektive
- Beiträge und Berichte
- Katharina Meyer & Katharina Reiling, Extraterritoriale Inspektionen der EU. Zu Funktion, Erscheinungsformen und völkerrechtlicher Problematik eines Instruments des internationalen Verwaltungsrechts
- Christian Walter & Maria Monnheimer, Herausgabeansprüche aus dinglichen Rechten an Grundstücken und der Grundsatz der Staatenimmunität im zivilrechtlichen Erkenntnis- und Vollstreckungsverfahren
- Elisabeth Hoffberger, Das französische Gesetz über die menschenrechtliche due diligence von Muttergesellschaften und Auftrag gebenden Unternehmen
This book examines the position of ‘contextual elements’ as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an individual génocidaire is required to act within a particular genocidal context. Unlike other books in the field of the study of the crime of genocide, this book captures the nuance and the complex issues of the debate by providing a book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group. With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions.
Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book is the first of its kind to examine tunnel warfare in a systematic and comprehensive way, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law.
To Dr. Richemond-Barak, this challenge has not only been under-explored, it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's own civilian infrastructure.
Tuesday, February 13, 2018
This chapter investigates how ‘society at large’ interacts with the world of international arbitration, now and for the foreseeable future. This broad topic can be made more manageable by breaking down the interaction through four focus groups within society: the media, academia, arbitration ‘clubs’, and civil society NGOs. These groups provide services to the world of international arbitration but are mostly instead what Emmanuel Gaillard terms ‘value providers’ – seeking to influence its normative structure. This chapter also touches on international and professional organisations, which are also significant value providers. Other contributors to this book project deal with groups that are predominantly ‘services providers’ (lawyers and arbitral institutions) or essential actors (arbitrators and the parties themselves, including states).
One key question throughout this chapter is whether and how international arbitration may be expanding or at least becoming more visible through the four focus groups within society at large. A second is whether this world of international arbitration may be becoming more diverse and indeed polarised, as hypothesised by Gaillard. In this respect, this chapter finds empirical evidence of the ongoing ‘lawyerisation’ first identified by Dezalay and Garth in the 1990s, prompting a first wave of concern about costs and delays associated with arbitration proceedings. The chapter also considers the impact of burgeoning investor-state dispute settlement (ISDS) cases and coverage, especially in the general media. Empirical research, comparing newspapers in Australia and the United Kingdom as well as social media reports, confirms that views about ISDS remain overwhelmingly negative – a new development that could increasingly shape the overall perceptions of international arbitration held within society at large.
Extrapolating from these trends, we can expect the four focus groups, and others within society such as international organisations and states, to continue pressing for:
As international arbitration thereby becomes less isolated from the public sphere, we are also likely to see the substantive law being applied and drafted in ways more open to other legal discourses.
- policy debates over the pros and cons of allowing parties freely to agree to subject potentially sensitive disputes to arbitration;
- more public scrutiny of, and minimum standards for, arbitral institutions and arbitrators;
- more opportunities to provide amicus curiae briefs, or other less direct means for impacting on disputing parties, decisions of tribunals and future treaty negotiators;
- more transparency about challenges to arbitrators and awards.
- Ryan K. Beasley & Juliet Kaarbo, Casting for a sovereign role: Socialising an aspirant state in the Scottish independence referendum
- Scott Hamilton, The measure of all things? The Anthropocene as a global biopolitics of carbon
- Jonas Meckling, The developmental state in global regulation: Economic change and climate policy
- Priya Chacko & Kanishka Jayasuriya, A capitalising foreign policy: Regulatory geographies and transnationalised state projects
- Jens Steffek & Leonie Holthaus, The social-democratic roots of global governance: Welfare internationalism from the 19th century to the United Nations
- Ryan D. Griffiths, The Waltzian ordering principle and international change: A two-dimensional model
- Christopher David LaRoche & Simon Frankel Pratt, Kenneth Waltz is not a neorealist (and why that matters)
- Alister Wedderburn, Tragedy, genealogy and theories of International Relations
- Davide Schmid, The poverty of Critical Theory in International Relations: Habermas, Linklater and the failings of cosmopolitan critique
- Philippe Bourbeau & Caitlin Ryan, Resilience, resistance, infrapolitics and enmeshment
- Jeremy Sarkin, A Methodology to Ensure that States Adequately Apply Due Diligence Standards and Processes to Significantly Impact Levels of Violence Against Women Around the World
- Joseph J. Murray, Maartje De Meulder, & Delphine le Maire, An Education in Sign Language as a Human Right?: The Sensory Exception in the Legislative History and Ongoing Interpretation of Article 24 of the UN Convention on the Rights of Persons with Disabilities
- David P. Forsythe, The International Red Cross: Decentralization and its Effects
- Jorge González-Jácome, The Emergence of Revolutionary and Democratic Human Rights Activism in Colombia Between 1974 and 1980
- David Bilchitz, Fundamental Rights as Bridging Concepts: Straddling the Boundary Between Ideal Justice and an Imperfect Reality
- Rhoda E. Howard-Hassmann, The “Quebec Values” Debate of 2013: Minority vs. Collective Rights
- Obiajulu Nnamuchi, Commodification of Body Parts and its Apologetics: What is the Position of Human Rights?
- Omar G. Encarnación, A Latin American Puzzle: Gay Rights Landscapes in Argentina and Brazil
Genocide after 1948: 70 Years of Genocide Convention
Call for Papers
NIOD Amsterdam / Utrecht University, 7 and 8 December 2018
On 9 December 1948, the United Nations adopted the Convention on the Prevention and Punishment of the Crime of Genocide. Despite this commitment to prevent genocide and punish its perpetrators, several cases of genocide have occurred since, e.g. in Asia, Africa, and the European mainland itself. Millions of people have been categorically murdered on account of their real or perceived group identity – national, ethnic, racial, religious, political. What kind of impact(s) did the Convention have, and what type of changes were relevant in the postwar period? This multi-disciplinary conference will bring together historians, social scientists, and others, to explore the causes, courses, and consequences of genocide from a global perspective. The conference acknowledges the differences between genocide as a legal, historical, and social-scientific concept, and intends to include a variety of approaches.
We welcome papers on different cases across continents and decades, as well as critical issues that relate to mass violence, including, but not limited to, for example, the context of post-colonialism, the context of the Cold War and the contemporary context; the context of war, civil war and insurgency; intrastate power dynamics and political polarization; forms and institutions of violence; political economy, demography, ecology and geography; ideology, nationalism and identity politics; perpetration and individual perpetrators, victims and third parties; democratization; non-state actors.
The conference will consist of six main themes:
- The concept of genocide and international law
- (Civil) war and genocide
- Genocide in Asia
- Genocide in the Middle East
- Genocide in Africa
We encourage both theoretical and empirical submissions. The conference will consist of a combination of formats, including pre-circulated paper sessions, public events, and book panels.
Abstracts for papers or panels (max 300 words) including a short biographical statement (max 100 words) can be submitted by 1 May 2018 to: email@example.com
van Aaken: Behavioral Aspects of the International Law of Global Public Goods and Common Pool Resources
Free-riding on global public goods (GPG) and overuse of common pool resources (CPR) are problems with important implications for international law. This note argues that behavioral insights from laboratory experiments, in which individuals engage in public goods games, can contribute, despite the immense difference in context, to understanding how best to optimize the design of international legal regimes dealing with global public goods and common pool resources. While some such insights are now reflected, most often implicitly, in the designs of certain of these regimes and serve to enhance their effectiveness, the value of such features is understated in the scholarship—which most often remains grounded in purely rational choice theories. Behavioral economics, to the extent it supplements or displaces rational-choice models in institutional design, may enable deeper and more sustained forms of international cooperation. While they have largely gone unnoticed, insights into how people behave need to be incorporated into international lawyers’ assessments of existing treaties and need to be considered in the design of new ones.
Monday, February 12, 2018
- Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier & Mila Versteeg, Conceptualizing Comparative International Law
- Katerina Linos, Methodological Guidance: How to Select and Develop Comparative International Law Case Studies
- Paul B. Stephan, Comparative International Law, Foreign Relations Law and Fragmentation: Can the Center Hold?
- Daniel Abebe, Why Comparative International Law Needs International Relations Theory
- Nico Krisch, The Many Fields of (German) International Law
- Anthea Roberts, Crimea and the South China Sea: Connections and Disconnects Among Chinese, Russian, and Western International Lawyers
- Masaharu Yanagihara, "Shioki (Control)" "Fuyo (Dependency)," and Sovereignty: The Status of the Ryukyu Kingdom in Early-Modern and Modern Times
- Mathias Forteau, Comparative International Law Within, Not Against, International Law: Lessons from the International Law Commission
- Mathilde Cohen, The Continuing Impact of French Legal Culture on the International Court of Justice
- Pierre-Hugues Verdier & Mila Versteeg, International Law in National Legal Systems: An Empirical Investigation
- Tom Ginsburg, Objections to Treaty Reservations: A Comparative Approach to Decentralized Interpretation
- Ashley S. Deeks, Intelligence Communities and International Law: A Comparative Approach
- Kevin L. Cope & Hooman Movassagh, National Legislatures: The Foundations of Comparative International Law
- Congyan Cai, International Law in Chinese Courts During the Rise of China
- Neha Jain, The Democratizing Force of International Law: Human Rights Adjudication by the Indian Supreme Court
- Lauri Mälksoo, Case Law in Russian Approaches to International Law: Sovereign Cautiousness of a Semi-Peripheral Great Power
- Bakhtiyar Tuzmukhamedov, Doing Away with Capital Punishment in Russia: International Law and the Pursuit of Domestic Constitutional Goals
- Shai Dothan, Comparative Views on the Right to Vote in International Law: the Case of Prisoners' Disenfranchisement
- Jill I. Goldenziel, When Law Migrates: Refugees in Comparative International Law
- Alec Knight, An Asymmetric Comparative International Law Approach to Treaty Interpretation: The CEDAW Committee's Tolerance of the Scandinavian States' Progressive Deviation
- Christopher McCrudden, Comparative International Law and Human Rights: A Value-Added Approach
- Christopher McCrudden, CEDAW in National Courts: A Case Study in Operationalizing Comparative International Law Analysis in a Human Rights Context
- Alejandro Rodiles, The Great Promise of Comparative Public Law for Latin America: Towards ius commune americanum?
- Tomer Broude, Yoram Z. Haftel & Alexander Thompson, Who Cares about Regulatory Space in BITs? A Comparative International Approach
- Makane Moïse Mbengue & Stefanie Schacherer, Africa and the Rethinking of International Investment Law: About the Elaboration of the Pan-African Investment Code
- Emilia Justyna Powell, Not So Treacherous Waters of International Maritime Law: Islamic Law States and the UN Convention on the Law of the Sea
Sunday, February 11, 2018
For the last few thousand years, humanity has struggled to achieve sustainable development. Gillespie sees the problem as multi-faceted: a three legged stool of economic, social, and environmental conundrums have stalled the quest for the long term viability of both our species and the ecosystems in which we reside. Gillespie moves from the low life expectancy, excessive deforestation, and wetland drainage of the medieval period, through the species loss, coal burning, free trade, and poor waste management of the seventeenth and eighteenth centuries, and to the more recent concerns of climate change, unsustainable fisheries, and chemical pollutants. By delivering a comprehensive examination of human survival over the past millennium, Gillespie illustrates that the challenges we face are not new - that we now have the means to counter them, is.
Saturday, February 10, 2018
- Diane Marie Amann & Margaret M. deGuzman, Foreword
- Roger S. Clark, William Schabas: Portrait of a Scholar/Activist Extraordinaire
- M. Cherif Bassiouni, Human Rights and International Criminal Justice in the Twenty First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era
- Thomas A. Cromwell & Bruno Gélinas-Faucher, William Schabas, the Canadian Charter of Rights and Freedoms and International Human Rights Law
- Emmanuel Decaux, The International Convention on the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- Kathleen Cavanaugh & Joshua Castellino, The Politics of Sectarianism and its Reflection in Questions of International Law & State Formation in The Middle East
- Sandra L. Babcock, International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?
- Marc Bossuyt, The UN Optional Protocol on the Abolition of the Death Penalty
- Christof Heyns, Thomas Probert & Tess Borden, The Right to Life and the Progressive Abolition of the Death Penalty
- Zhao Bingzhi, Progress and Trend of the Reform of the Death Penalty in China
- Margaret M. deGuzman, Criminal Law Philosophy in William Schabas' Scholarship
- Frédéric Mégret, Is the ICC Focusing too Much on Non-State Actors?
- Shane Darcy, The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- Alain Pellet, Revisiting the Sources of Applicable Law Before the ICC
- Mireille Delmas-Marty, The ICC as a Work in Progress, for a World in Process
- Carsten Stahn, Legacy in International Criminal Justice
- Andrew Clapham & Paola Gaeta, Torture by Private Actors and 'Gold Plating' the Offence in National Law: An Exchange of Emails in Honour of William Schabas
- Hirad Abtahi & Philippa Webb, Secrets and Surprises in the Travaux Préparatoires of the Genocide Convention
- Jérémie Gilbert, Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity
- Beth Van Schaack, Crimes Against Humanity: Repairing Title 18's Blind Spots
- Leila Nadya Sadat, A New Global Treaty on Crimes Against Humanity: Future Prospects
- Mark A. Drumbl, Justice Outside of Criminal Courtrooms and Jailhouses
- Charles Chernor Jalloh, Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone
- Geoffrey Nice & Nevenka Tromp, International Criminal Tribunals and Cooperation with States: Serbia and the provision of evidence for the Slobodan Milosevic Trial at the ICTY
- Mary Ellen O'Connell, The Arc toward Justice and Peace
- Adama Dieng, The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co-operation between the UN and regional Arrangements
- Emma Sandon, Law and Film: Curating Rights Cinema
- Wayne Jordash, The Role of Advocates in Developing International Law
- Diane Marie Amann, Bill the Blogger
- From the Board, The US Attack on the WTO Appellate Body
- David Kleimann & Gesa Kübek, The Signing, Provisional Application, and Conclusion of Trade and Investment Agreements in the EU: The Case of CETA and Opinion 2/15
- Henry Gao, Regulation of Digital Trade in US Free Trade Agreements: From Trade Regulation to Digital Regulation
- Viktoria Obolevich, The New EU Tobacco Products Directive and Standardized Packaging: [in the Name of ‘Smooth Functioning of the Internal Market’]'
- Cornelia Furculiță, Regionalization Within the SPS Agreement After Russia – Pigs (EU)
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors.
The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
- Amitav Acharya, Foreword
- Alan Bloomfield & Shirley V. Scott, Norm Antipreneurs in World Politics
- Alan Bloomfield, Resisting the Responsibility to Protect
- Kenki Adachi, Resisting the Ban on Cluster Munitions
- Orli Zahava, Resistance to the Emergent Norm to Advance Progress Towards the Complete Elimination of Nuclear Weapons
- Clifford Bob, Rival Networks and the Conflict over Assassination/ Targeted Killing
- Alan Bloomfield, Resisting the Emerging ‘Humanitarian Access’ Norm
- Shirley V. Scott & Lucia Oriana, Resisting Japan’s Promotion of a Norm of Sustainable Whaling
- Shirley V. Scott, Resisting the Norm of Climate Security
- Malcolm Campbell-Verduyn, Additional Categories of Agency: ‘Creative Resistors’ to Normative Change in Post-Crisis Global Financial Governance
- Helen Nesadurai, Contesting Private Sustainability Norms in Primary Commodity Production: Norm Hybridisation in the Palm Oil Sector
- Frank Harvey & John Mitton, Whose Norm is it Anyway? Mediating Contested Norm-Histories in Iraq (2003) and Syria (2013)
- Jeffrey S. Lantis, To Boldly Go Where No Country has gone before: U.S. Norm Antipreneurism and the Weaponization of Outer Space
- William Clapton, Resisting ‘Good Governance’ Norms in the EU’s European Neighbourhood Policy
- Shirley V. Scott & Alan Bloomfield, Norm Entrepreneurs and Antipreneurs: chalk and cheese, or two faces of the same coin?
Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.
- Shai Dothan, Judicial Deference Allows European Consensus to Emerge
- Jared Genser, The United Nations Security Council's Implementation of the Responsibility to Protect: A Review of Past Interventions and Recommendations for Improvement
- Asaf Lubin, "We Only Spy on Foreigners": The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance
- Amy H. McCarthy, Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law
- Stephen Townley, The Rise of Risk in International Law
- Stuart Elden, Legal terrain—the political materiality of territory
- Dianne Otto, Beyond legal justice: some personal reflections on people’s tribunals, listening and responsibility
- Ayça Çubukçu, Thinking against humanity
- Ruti Teitel, The global jurist as pedagogue? Ronald Dworkin in post-Junta Argentina
- Books etc.
- Immi Tallgren, Watching Tokyo Trial
- Mónica García-Salmones Rovira, Karl Viktor Fricker, On state territory (1867)