Thursday, February 23, 2017

Kamber: Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law

Krešimir Kamber (Ghent Univ. - Law) has published Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law (Brill | Nijhoff 2017). Here's the abstract:
In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

Stone Sweet, Chung, & Saltzman: Arbitral Lawmaking and State Power: An Empirical Analysis of Investment Arbitration

Alec Stone Sweet (National Univ. of Singapore - Law), Michael Chung, & Adam Saltzman have posted Arbitral Lawmaking and State Power: An Empirical Analysis of Investment Arbitration. Here's the abstract:
The paper focuses on arbitral lawmaking (the development of precedent-based frameworks of argumentation and justification), and state responses to that lawmaking (as registered in subsequent treaty-making). We compiled and analyzed information on: (i) all publicly-available awards (n=159) in which tribunals resolved disputes under the headings of expropriation and fair and equitable treatment, and under an umbrella clause; and (ii) investment treaties signed between 2002 and 2015 (n=398), when available in English. The paper reports three main findings. First, in most disputes, investors do not challenge general state measures; when they do, they are far less to prevail than when they contest acts specifically targeting their investments. Second, the evidence does not support the view that arbitral doctrine produces outcomes that are biased against states. In the vast majority of awards, tribunals take seriously the respondent state’s ‘right to regulate’ in the public interest. Third, the regime has not generated strong ‘backlash’ in any systemic sense. States continue to sign investment treaties; the mix of treaty protections on offer has remained remarkably stable; and new treaties have largely consolidated the case law that the most influential tribunals had already developed.

van Hoogstraten, Schrijver, Spijkers, & de Jong: The Art of Making Peace: Lessons Learned from Peace Treaties

Steven van Hoogstraten (formerly, Carnegie Foundation), Nico Schrijver (Leiden Univ. - Law), Otto Spijkers (Universiteit Utrecht - Law), & Anneleen de Jong (Leiden Univ. - Law) have published The Art of Making Peace: Lessons Learned from Peace Treaties (Brill | Nijhoff 2017). Here's the abstract:

This unique volume looks at international peace treaties, at their results, effects and failures. It reflects the outcome of an international conference held in the Peace Palace (The Hague) on the occasion of the Centenary of this institution, which opened its doors on the eve of World War I.

The volume offers the reflections of the leading experts attending the conference and the open debate which followed. The Treaty of Versailles of 1919, the mother of all peace treaties, is the first to be critically discussed. How should this treaty be viewed with the knowledge of today? What are the lessons learned in the light of historic developments? Subsequently, the Dayton Agreement, which sealed the end to the bloody conflict in the former Yougoslavia (1992-1995), and the Sudan Agreement, which came into being after lengthy negotiations in 2005, are analysed in the same way. Finally, the situations which arose in relation to the devastating wars between Iran and Iraq (1980-1988) and between Kuwait and Iraq are discussed. As these states could not reach a settlement themselves, the United Nations Security Council imposed the terms of the ceasefire and peaceful cooperation in important and innovative resolutions.

The book offers additional perspective by looking at the role of judicial settlement by the International Court of Justice or the Permanent Court of Arbitration, vis-a-vis the instrument of political mediation between states with the help of a third party. Mediation can be very effective, but certain conditions are required for it to be successful, conditions which are not easy to bring about in today’s world. Dispute settlement under international law is and continues to be the core business in the Peace Palace.

Wednesday, February 22, 2017

Call for Papers: The Role of the Inter-American Court of Human Rights: Jurisprudential Advances and New Responses

A call for papers has been issued for a workshop on "The Role of the Inter-American Court of Human Rights: Jurisprudential Advances and New Responses," to be held May 15, 2017, at the Norwegian Centre for Human Rights. The call is here.

New Issue: Revue Générale de Droit International Public

The latest issue of the Revue Générale de Droit International Public (Vol. 120, no. 4, 2016) is out. Contents include:
  • Articles
    • Giorgio Sacerdoti, La contribution de l'organe d'appel de l'OMC à la construction du droit international économique : système commercial mutilatéral, accords régionaux , droit de l'investissement
    • Anne Choquet, Des drones à des fins touristiques en Antarctique?: De l'intérêt d'un moratoire avant un cdre réglementaire spécifique
    • Maïa-Oumeïma Hamrouni, Les juridictions européennes et l'article 103 de la charte des Nations Unies: A propos de l'affaire Kadi devant la Cour de justice de l'Union européenne et de l'affaire Al-Dulimi devant la Cour européenne des droits de l'homme

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 99, no. 4, 2016) is out. Contents include:
  • Articoli
    • Pasquale De Sena, Proportionality and Human Rights in International Law:: Some ... "Utilitarian" Reflections
    • Fabrizio Vismara, Rilievi in tema di inaction e consuetudine internazionale alla luce dei recenti lavori della Commissione del diritto internazionale
    • Alessandra Gianelli, Il contributo della dottrina italiana al tema della responsabilità internazionale degli Stati per fatto illecito: qualche osservazione
    • Pia Acconci, La cooperazione nel campo normativo negli accordi in materia di commercio internazionale dell'Unione Europea dopo il Trattato di lisboa
  • Note e Commenti
    • Beatrice I. Bonafé, La Corte europea dei diritti dell'uomo e la giurisdizione universale in materia civile
    • Lucas Carlos Lima, Expert Advisor or Non-Voting Adjudicator?: The Potential Function of Assessors in the Procedure of the International Court of Justice
    • Rebekka Monico, Il private antitrust enforcement nello spazio giudiziario europeo
  • Panorama
    • Laura Salvadego, La nuova disciplina italiana sulle operazioni di "intelligence di contrasto" all'estero
    • Chiara Cipolletti, Il diritto alla cittadinanza e il rispetto della vita privata e familiare nella sentenza

New Issue: Revista Española de Derecho Internacional

The latest issue of the Revista Española de Derecho Internacional (Vol. 69, no. 1, 2017) is out. Contents include:
  • Estudios
    • Santiago Álvarez González, ¿Qué norma de conflicto de leyes hay que adoptar para determinar la ley aplicable a las cuestiones previas a efectos de la sucesión?
    • Rafael Arenas García, El legislador europeo y el DIPr de sociedades en la UE
    • Pedro Alberto de Miguel Asensio, Competencia y derecho aplicable en el reglamento general sobre protección de datos de la Unión Europea
    • Fernando Esteban de la Rosa, Régimen de las reclamaciones de consumo transfronterizas en el nuevo Derecho europeo de resolución alternativa y en línea de litigios de consumo
    • Elena Rodríguez Pineau, La refundición del Reglamento Bruselas?II bis: de nuevo sobre la función del Derecho internacional privado europeo
    • Ángel Rodrigo Hernando & Marta Abegón Novella, El concepto y efectos de los tratados de protección de intereses generales de la comunidad internacional
    • Carmen Pérez González, ¿Un Derecho internacional del deporte? Reflexiones en torno a una rama del Derecho internacional in statu nascendi
    • Justo Corti Varela, El principio de precaución en la jurisprudencia internacional
    • Elisenda Calvet Martínez, Retos de la ayuda humanitaria en conflictos armados prolongados: el rol creciente de los agentes locales
  • Foro
    • Gregory Messenger, Desarrollo sostenible y agenda 2030 -- El rol de Derecho internacional dentro del desarrollo sostenible y la agenda 2030
    • Antonio Cardesa Salzmann & Antoni Pigrau i Solé, Desarrollo sostenible y agenda 2030 -- La agenda 2030 y los objetivos para el desarrollo sostenible. Una mirada crítica sobre su aportación a la gobernanza global en términos de justicia distributiva y sostenibilidad ambiental
    • Francisco José Pascual Vives, Unión Europea e inversiones: mecanismos de solución de controversias -- La Unión Europea y el arbitraje de inversión en el CETA y el TTIP
    • Katia Fach Gómez, Unión Europea e inversiones: mecanismos de solución de controversias -- Unión Europea e inversiones internacionales: el futuro de los mecanismos de resolución de controversias inversor-Estado

New Issue: Revista Costarricense de Derecho Internacional

The latest issue of the Revista Costarricense de Derecho Internacional (No. 5, 2016) is out. Contents include:
  • Adriana González, Karima Sauma & Arianna Arce, La Transparencia y el Capítulo 10 del CAFTA-DR
  • Elia M. Naranjo Morelli, Daños Punitivos en el Arbitraje Comercial Internacional
  • Viviana Méndez Valle, La Regulación de la Competencia Judicial Internacional bajo los Principios y Reglas ALI/UNIDROIT de Procedimiento Civil Transnacional: Posibles Dificultades de Reconocimiento en Latinoamérica
  • Haideer Miranda Bonilla, La Obligación de la Interpretación Conforme a la Convención Americana de Derechos Humanos

Dijxhoorn: Quasi-state Entities and International Criminal Justice

Ernst Dijxhoorn (King’s College London - Department of War Studies) has published Quasi-state Entities and International Criminal Justice: Legitimising Narratives and Counter-Narratives (Routledge 2017). Here's the abstract:
This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation.

New Volume: African Yearbook on International Humanitarian Law

The latest volume of the African Yearbook on International Humanitarian Law (Vol. 2015) is out. Contents include:
  • Arthur van Coller, The history and development of the law of armed conflict (part II)
  • Brian Sang YK, Contemporary conflicts and protection gaps in international humanitarian law: the necessity and practical utility of fundamental standards of humanity
  • Kesolofetse Lefenya & Ilyayambwa Mwanawina, The unforeseen humanitarian law implications of the NATO intervention in Libya
  • Shannon Bosch, Taking stock of civilian status in a quasi post-Guantanomo bay world

Tuesday, February 21, 2017

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 49, no. 5, November 2016) is out. Contents include:
  • Glen Anderson, A Post-Millennial Inquiry into the United Nations Law of Self-Determination: A Right to Unilateral Non-Colonial Secession?
  • Daniel C.K. Chow, Why China Established the Asia Infrastructure Investment Bank
  • Michèle Finck & Sofia Ranchordás, Sharing and the City
  • Mark V. Vlasic & Helga Turku, Protecting Cultural Heritage as a Means for International Peace, Security and Stability: The Case of ISIS, Syria and Iraq

Call for Papers: 26th Annual SLS-BIICL Conference on Theory and International Law

The Society of Legal Scholars and the British Institute of International and Comparative Law (BIICL), have issued a call for papers for the 26th Annual SLS-BIICL Conference on Theory and International Law, to be held May 3, 2017, at the BIICL. The theme is: "Inside the Mind of International Decision-Makers." Here's the call:

26th Annual SLS-BIICL Conference
on Theory and International Law


3 May 2017, 14:00-19:00
British Institute of International and Comparative Law,
Charles Clore House, 17 Russell Square, London WC1B 5JP

INSIDE THE MIND OF INTERNATIONAL DECISION-MAKERS

The 2017 Conference on Theory and International Law seeks to understand better the behaviour of those who shape international law - international and domestic judges, arbitrators, and state officials. Inspired by ground-breaking research that opens the “black box” of international decision-making, this Conference invites participants to theorise, experiment and speculate.

Some of the questions we will explore are: Do decision-makers behave rationally? Do they behave predictably? What factors may influence their decision-making? What are the roles of cognitive skills, intuition, and background, including education and political persuasion? What are the implications of these insights for choosing a method of dispute settlement for a particular case or designing a dispute settlement mechanism for future disputes? What are the implications for the conduct and procedures of international negotiations?

We are pleased to announce that the keynote address will be delivered by Professor Anne van Aaken, Professor of Law and Economics, Legal Theory, Public International Law and European Law at the University of St. Gallen and Vice-President of the European Society of International Law. She has coauthored an article, Inside the Arbitrator’s Mind, which is the first-ever experimentally conducted psychological study of international arbitrators.

The closing address will be given by Dr Charlotte Peevers of the University of Glasgow who will speak on ‘Prospects of truth seeking: the Chilcot Inquiry and the decision to go to war’.

The convenors welcome contributions that:

  • Draw on different disciplines, such as economics or psychology;
  • Employ experimental or empirical methods;
  • See to look behind a judgment or award to the factors that influence and motivate decisions;
  • Consider the process of decision making; and/or
  • Examine implications for dispute settlement strategies and institutions.
APPLICATION PROCESS

Submission of abstracts is open to academics, including graduate students, and to legal practitioners. Please submit an abstract in Word or PDF of no more than one page to Dr Philippa Webb (philippa.webb@kcl.ac.uk) and Professor Christian Henderson (C.M.Henderson@sussex.ac.uk). The following information should also be provided with each abstract:

  • The author’s name and affiliation
  • The author’s CV, including a list of relevant publications
  • The author’s contact details, including email address
The deadline for submission of abstracts is 20 March 2017. Applicants will be informed by 31 March 2017. Regrettably, we are unable to provide funding for travel to and attendance at the conference, but there will be a reception at the end of the conference.

Philippa Webb and Christian Henderson

New Issue: Transnational Environmental Law

The latest issue of Transnational Environmental Law (Vol. 6, no. 1, March 2017) is out. Contents include:
  • Editorial
    • Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Dan Farber, Bruce Huber, & Jolene Lin, Transnational Environmental Law on the Threshold of the Trump Era
  • Articles
    • Yonghee Yoon, The Impacts and Implications of CERCLA on the Soil Environmental Conservation Act of the Republic of Korea
    • Martin Hedemann-Robinson, Environmental Inspections and the EU: Securing an Effective Role for a Supranational Union Legal Framework
    • Anatole Boute, The Impossible Transplant of the EU Emissions Trading Scheme: The Challenge of Energy Market Regulation
    • Felicity Deane, Evan Hamman, & Yilin Pei, Principles of Transparency in Emissions Trading Schemes: The Chinese Experience
    • Benoit Mayer, Migration in the UNFCCC Workstream on Loss and Damage: An Assessment of Alternative Framings and Conceivable Responses
    • Sabaa A. Khan, The Global Commons through a Regional Lens: The Arctic Council on Short-Lived Climate Pollutants
    • Shi-Ling Hsu, Capital Transitioning: An International Human Capital Strategy for Climate Innovation

New Issue: International Theory

The latest issue of International Theory (Vol. 9, no. 1, March 2017) is out. Contents include:
  • Shannon Brincat, Cosmopolitan recognition: three vignettes
  • Alena Drieschova, Peirce’s semeiotics: a methodology for bridging the material–ideational divide in IR scholarship
  • Christopher J. Finlay, The concept of violence in international theory: a Double-Intent Account
  • Jorge F. Garzón, Multipolarity and the future of economic regionalism
  • Scott Hamilton, A genealogy of metatheory in IR: how ‘ontology’ emerged from the inter-paradigm debate

Möckesch: Attorney-Client Privilege in International Arbitration

Annabelle Möckesch (Schellenberg Wittmer) has published Attorney-Client Privilege in International Arbitration (Oxford Univ. Press 2017). Here's the abstract:

Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal.

Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.

O'Sullivan: Universal Jurisdiction in International Criminal Law

Aisling O'Sullivan (Univ. of Sussex - Law) has published Universal Jurisdiction in International Criminal Law: The Debate and the Battle for Hegemony (Routledge 2017). Here's the abstract:

With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials.

This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Call for Papers: The United Nations Security Council and the Sea

The Centre de droit international at the Université Jean Moulin Lyon 3 has issued a call for papers for a conference on "The United Nations Security Council and the Sea/Le Conseil de sécurité des Nations unies et la mer," to take place May 4-5, 2017. Here's the call:

Call for papers

THE UNITED NATIONS SECURITY COUNCIL AND THE SEA

4-5 May 2017

Université Jean Moulin Lyon 3

The law of the sea governs the repression of criminality at sea only to a limited extent. The United Nations Convention on the Law of the Sea (UNCLOS), for example, is almost silent on the matter. It does not, for instance, sufficiently address issues such as drug trafficking or migrant smuggling, while its provisions are sometimes out-dated and refer to issues such as the slave trade, piracy and unauthorised broadcasting. Sectoral treaties (such as the Palermo Protocol, the Vienna Convention and SUA Convention) complement the UNCLOS regime as regards the repression of criminality at sea, but they are of a limited scope and insufficient in various respects.

The fundamental question raised by the Conference at hand is as follows: in cases where the law of the sea regime does not offer the necessary legal tools to address criminality at sea, does having recourse to the UN Security Council constitute an effective alternative to the fight against criminality at sea? The aim is to assess whether recourse to the UN Security Council offers possible legal solutions, especially in terms of authorization of interventions for States where the law of the sea does not contain them.

More broadly, the Conference will address issues related to the mutual influence and interplay between UN Security Council practice and the law of the sea. To this end, contributions on the UN Security Council’s practice (such as in the nuclear field, piracy, etc.) and its impact on other relevant international organisations (WMI, NATO, EU, etc.) are most welcome.

We invite you to send an abstract (two pages maximum) in French or English by 15 March 2017 to kiara.neri@univ-lyon3.fr together with a short CV. Notification of acceptance will be sent on 31 March 2017. Presentations at the Conference can be given in either French or English.

*****

Appel à contributions

LE CONSEIL DE SÉCURITÉ DES NATIONS UNIES ET LA MER

4-5 mai 2017

Université Jean Moulin Lyon 3

Le droit de la mer est souvent limité en matière de lutte contre la criminalité. La Convention des Nations Unies sur le droit de la mer (CNUDM) est presque muette à ce sujet. Elle ne traite par exemple que trop peu des problématiques liées au trafic de drogue ou de migrants. Les seuls éléments sont assez anciens et ont trait au transport d’esclaves à la piraterie ou aux émissions non autorisées. Certains traités sectoriels viennent compléter la CNUDM, mais ils restent quand même assez limités (Protocole de Palerme, Convention de Vienne, Convention SUA, etc.).

Toutefois, la question fondamentale que le Colloque se proposer de traiter est la suivante : lorsque le droit de la mer est limité et ne fournit pas les outils juridiques nécessaires, le recours au Conseil de sécurité des Nations Unies peut-il être une alternative efficace pour combattre la criminalité en mer ? Il s’agira alors d’évaluer la pertinence du recours à cet organe comme solution juridique, notamment en ce qu’il permet d’offrir aux États un titre d’intervention lorsque le droit de la mer ne le fait pas.

Plus largement le Colloque abordera la question de l’influence de la pratique du Conseil de sécurité sur l’évolution du droit de la mer et inversement. À cette fin des contributions tant sur la pratique maritime du Conseil (en matière nucléaire ou de piraterie notamment) que sur son impact sur les autres organisations internationales compétentes (OMI, OTAN, UE, etc.) sont les bienvenues.

Les propositions sont à envoyer en français ou en anglais (2 pages maximum) à l’adresse suivante : kiara.neri@univ-lyon3.fr avant le 15 mars 2017 accompagnées d’un bref CV. Les résultats de la sélection seront connus le 31 mars 2017. Les interventions lors de la Conférence peuvent être faites en français ou en anglais.

Monday, February 20, 2017

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 61, no. 3, March 2017) is out. Contents include:
  • Javed Younas & Todd Sandler, Gender Imbalance and Terrorism in Developing Countries
  • Julia Macdonald & Jacquelyn Schneider, Presidential Risk Orientation and Force Employment Decisions: The Case of Unmanned Weaponry
  • Nadav G. Shelef & Yael Zeira, Recognition Matters!: UN State Status and Attitudes toward Territorial Compromise
  • Theresa Schroeder, When Security Dominates the Agenda: The Influence of Ongoing Security Threats on Female Representation
  • Florian Justwan, Trusting Publics: Generalized Social Trust and the Decision to Pursue Binding Conflict Management
  • Sang Ki Kim, Third-party Intervention in Civil Wars and the Prospects for Postwar Development
  • Raynee Gutting & Martin C. Steinwand, Donor Fragmentation, Aid Shocks, and Violent Political Conflict
  • Thomas Gift & Daniel Krcmaric, Who Democratizes?: Western-educated Leaders and Regime Transitions

Call for Papers: Institutions and International Law in Eastern Europe

The Leibniz-Institut für Geschichte und Kultur des östlichen Europa (GWZO) has issued a call for papers for a workshop on "Institutions and International Law in Eastern Europe," to take place September 28-29, 2017, in Leipzig. Here's the call:

Institutions and International Law in Eastern Europe

Leibniz Institute for the History and Culture of Eastern Europe (GWZO)

Date: 28–29 September 2017, Leipzig

International law is enjoying increasing popularity among historians of global and international affairs, due to a re-reading of legal norms and rules that questions a state-centered approach. Instead of seeing law as an outcome of state behavior, recent scholarship has examined the transnational character of law and legal communities, and the oftentimes complex negotiation processes that precede the codification and subsequent ratification of international conventions. This perspective aligns with the focus on border-crossing relations and on professional and nonstate actors and institutions that has become essential to global and international history. Moreover, connections forged between the history of international law and discussions of the limits of legal universalism have increased the legal dimension’s relevance for historians of empire and decolonization. Encircling notions of hegemony, imperialism, and civilization, and scrutinizing the role of international law in imperial and civilizing missions, this strand of research has given rise to regional histories of international law. Scholars have begun to explore the relationship between legal and regional developments by asking how international law has been tailored to serve specific regional interests, problems, or conflicts. This approach complements the focus on the law’s imperial bias and acknowledges the entanglement of legal and political agendas while also emphasizing the agency of regional actors. It also concedes that regional appropriations of international law could serve these actors’ own agendas or be a vehicle for emancipation.

The workshop unites research on the history of international law with studies on Eastern Europe to investigate the controversial role of international law in the complex and contentious reordering of the region since the Congress of Vienna. The workshop proposes that the extraordinary density of political, social and ethnic conflicts and the decades-long struggles over territorial boundaries in Eastern Europe have left clear traces in international law. More specifically, the workshop addresses these issues through the lens of international institutions, which offer a starting point from which to identify topics; single out involved states, groups, and transnational actors from East Central and Eastern Europe; and reveal how regional constellations were universalized in the process of negotiating and implementing international norms and rules.

The workshop stems from a research project at the Leibniz Institute for the History and Culture of Eastern Europe (GWZO) that deals with processes of juridification in international relations. The project advances the argument that the history of conflict in Eastern Europe has shaped modern international law to a significant degree. This contention holds for the results of the Crimean War (1854–1856) and the regulations formulated by the Congress of Berlin (1878), as well as for minority protections after World War I and the status of the Free City of Danzig, to mention a few examples. The main output of the research group will be “Law and History in Eastern Europe,” a three-part handbook to be published by de Gruyter in 2020. The handbook’s second part seeks to illuminate the relationship between law and international institutions from an Eastern Europe perspective. To this end, workshop participants might contribute chapters to the handbook.

The workshop welcomes contributions that cover the 19th and 20th centuries. Papers should focus either on legal issues in international institutions in Eastern Europe, or on the representation of Eastern Europeans in international institutions concerned with international law. Regarding subject matter, we invite papers presenting case studies from within the region that also connect to the wider topic of the legal transformation of international relations. Inter-regional comparisons are particularly welcome.

Participants are asked to submit their papers no later than two weeks before the start of the workshop. The workshop will be held on 28 and 29 September 2017 at the Leibniz Institute for the History and Culture of Eastern Europe (GWZO) in Leipzig, Germany. Travel and accommodation costs will be covered. Please send your proposal (max. 750 words) and a short CV by 10 March 2017 to Isabella.loehr@leibniz-gwzo.de.

Rigney: Postcard from the ICTY: Examining International Criminal Law's Narratives

Sophie Rigney (Univ. of Melbourne - Law) has posted Postcard from the ICTY: Examining International Criminal Law's Narratives (in International Law's Objects: Emergence, Encounter and Erasure Through Object and Image, Jessie Hohmann & Daniel Joyce eds., forthcoming). Here's the abstract:
This chapter examines a postcard which is readily available at the International Criminal Tribunal for the Former Yugoslavia. As an object of international criminal law, the postcard reveals a great deal about the aims of international criminal law, and the concomitant image of international criminal law. I argue that the postcard demonstrates international criminal law’s particular preoccupation with two aims: ending impunity, and providing a meaningful voice for victims. I also examine the postcard as an object that is used in the branding and marketing of international criminal law. In particular, I examine the claims to end impunity and to provide a place for victims as statements to market the ICTY and international criminal law. But why does an object designed to ‘market’ an international criminal tribunal use language and imagery that suggests guilt? What is the effect of this? And what does the placement of the victim’s handcuffs and the accused’s handcuffs tell us about the place of the victim and the accused in these trials? I argue that these aspects of the postcard are problematic. As a marketing technique, this postcard succeeds in promoting particular aspects of international criminal law – but in doing so, it also manipulates (and reinforces) unhelpful tropes of good versus evil, of ‘deserving’ victimhood, and of conviction as a core component of international criminal law. The postcard and the handcuffs provide a place to critically analyse the system of international criminal law, and the stories it tells about its aspirations and operations.

Altwicker: The International Legal Argument in Spinoza

Tilmann Altwicker (Univ. of Basel - Law) has posted The International Legal Argument in Spinoza (in System and Order in International Law, Stefan Kadelbach, Thomas Kleinlein, & David Roth-Isigkeit eds., forthcoming). Here's the abstract:
In this paper, it is argued that Spinoza is far from being a ‘denier’ of international law. Instead, it is shown that Spinoza offers a nuanced argument for why states are compelled to cooperate with one another in the form of international law. The argument is developed as follows: Part II outlines Spinoza’s realist starting point which can be called the ‘international state of nature’. Part III reconstructs – drawing on his ethical and ontological theory outlined in the Ethica Ordine Geometrico Demonstrata (Ethics, E) and in the Tractatus Theologico-Politicus (Theological-Political Treatise, TTP) – Spinoza’s international legal argument, i.e. the conditions that must be fulfilled for international law to exist. Part IV condenses and generalizes Spinoza’s international legal argument in the form of three analytical concepts (normativity of international law, being a State sui iuris and the concept of international cooperation). Part V concludes by outlining Spinoza’s lasting contribution to the theory of international relations and law.

Sunday, February 19, 2017

Conference: Technology, IP and Investor-State Arbitration

The Eleventh Annual Juris Conferences’ Investment Treaty Arbitration Conference will take place on April 25, 2017, in Washington, DC. The topic is: "Technology, IP and Investor-State Arbitration." Here's the idea:
The Eleventh Annual Juris Conferences’ Investment Treaty Arbitration Conference will tackle the complex developments raised by investor-state arbitration and its intersection with international investments in the technology sector. Although there have only been a few investment cases touching on issues related to the technology sector, with continued international integration and the rise of product piracy, counterfeiting, issues related to IP rights, cybersecurity, and the internet of things, international trade and investment disputes may be inevitable in the years to come. Our group of eight authors again take contrary positions and grapple with the dramatic developments of investment arbitration as it relates to technology, intellectual property and investor-State arbitration. Our expert faculty will then continue the debate following the original contributions from our authors for what always proves to be highly entertaining. This conference will be of great value to practitioners, industry counsel, and academics alike who are interested in these important cutting-edge issues.

Jansen, Pauwelyn, & Carpenter: The Use of Economics in International Trade and Investment Disputes

Marion Jansen (International Trade Centre, Geneva), Joost Pauwelyn (Graduate Institute of International and Development Studies), & Theresa Carpenter (Graduate Institute of International and Development Studies) have published The Use of Economics in International Trade and Investment Disputes (Cambridge Univ. Press 2017). Contents include:
  • Marion Jansen, Joost Pauwelyn & Theresa Carpenter, Introduction: the use of economics in international trade and investment disputes
  • Robert Teh & Alan Yanovich, Integrating economic analysis into WTO dispute settlement practice: a view from the trenches
  • Thomas Graham, Present at the creation: economists and accountants in international trade law practice
  • Christian Lau & Simon Schropp, The role of economics in WTO dispute settlement and choosing the right litigation strategy – a practitioner's view
  • David Unterhalter, On interpretation and economic analysis of law
  • James Flett, The client's perspective
  • Bruce Malashevich, The use of economics in competition law: what works and what doesn't across national jurisdictions?
  • Anne van Aaken, What to do if economic insights are disputed: on the challenge to deal with competing and evolving theories or empirics in international trade disputes
  • Marion Jansen & Marios Iacovides, Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes
  • Petros Mavroidis & Damien Neven, Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis
  • Jorge Miranda, The economics of actionable subsidy disputes
  • Pablo M. Bentes, In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims
  • Amar Breckenridge, The games we play – simulation models in merger analysis and their potential use in trade litigation
  • Wolfgang Alschner, Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration
  • Bastian Gottschling & Willis Geffert, An economic assessment of contracts and requests for contract reform and damages in international arbitration
  • Carla Chavich & Pablo Lopez, Economics in investor-state arbitration beyond quantum
  • Manuel A. Abdala & Alan Rozenberg, Assessing investor damages involving publicly traded companies – with examples from the Yukos' cases
  • Fuad Zarbiyev, From the law of valuation to valuation of law? On the interplay of international law and economics in fair-market valuation
  • Theresa Carpenter, Marion Jansen & Joost Pauwelyn, Conclusion
  • Theresa Carpenter, Marion Jansen & Joost Pauwelyn, Appendix. Guidelines for best practices for the use of economics in WTO dispute settlement

Saturday, February 18, 2017

Tasioulas: Exiting the Hall of Mirrors: Morality and Law in Human Rights

John Tasioulas (King's College London – Law) has posted Exiting the Hall of Mirrors: Morality and Law in Human Rights. Here's the abstract:
A defence of the claim that giving effect to the morality of human rights is the formative aim of international human rights law.

Stone Sweet & Grisel: The Evolution of International Arbitration: Judicialization, Governance, Legitimacy

Alec Stone Sweet (National Univ. of Singapore - Law) & Florian Grisel (King's College London - Law) have published The Evolution of International Arbitration: Judicialization, Governance, Legitimacy (Oxford Univ. Press 2017). Here's the abstract:

The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence.

In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance.

The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.