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The latest issue of the Review of International Studies (Vol. 45, no. 1, January 2019) is out. Contents include: Benjamin Meiches, Non-human humanitarians Gisela Hirschmann, Guarding the guards: Pluralist accountability for human rights violations by international organisations Jeremy Youde, The role of philanthropy in international relations Anna Stavrianakis, Controlling weapons circulation in a postcolonial militarised world Elvira Rosert, Salience and the emergence of international norms: Napalm and cluster munitions in the inhumane weapons convention Daisuke Madokoro, International commissions as norm entrepreneurs: Creating the normative idea of the responsibility to protect Thomas Gehring & Thomas Dörfler, Constitutive mechanisms of UN Security Council practices: Precedent pressure, ratchet effect, and council action regarding intrastate conflicts Jonathan Symons, Realist climate ethics: Promoting climate ambition within the Classical Realist tradition Bernardo Teles Fazend...

Christine Schwöbel-Patel (Univ. of Warwick - Law) has posted Populism, International Law, and the End of Keep Calm and Carry on Lawyering (Netherlands Yearbook of International Law, forthcoming). Here's the abstract: The relationship between populism and international law is mostly conveyed as one of populist-problem versus international law-solution. International lawyers feel called upon to respond to the rise in populism with multilateralism and liberal internationalism in a ‘keep calm and carry on lawyering’ fashion. However, this attitude of us (the internationalists) versus them (the populists) tends to present a geographically Western-centric and epistemologically euro-centric view of populism and international law. Two crucial aspects about populism and international law are overlooked in this narrow understanding: First, the role that international lawyers and institutions have played in institutionalising and upholding neoliberalism and therefore in creating a specific ...

Steven R. Ratner (Univ. of Michigan - Law) has posted International Law and Political Philosophy: Uncovering New Linkages (Philosophy Compass, forthcoming). Here's the abstract: Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another. The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices of states, has a direct effect on state behavior, and, as a methodological matter, can contribute to good theorizing on matters of international ethics. Recently, philosophical work has demonstrated a greater engagement with the moral aspects of international law. One strand of scholarship has trea...

Leon Trakman (Univ. of New South Wales - Law) has published Domestic Courts Declining to Recognize and Enforce Foreign Arbitral Awards: A Comparative Reflection (Chinese Journal of Comparative Law, Vol. 6, no. 2, pp. 174–227, December 2018). Here's the abstract: The article examines the ‘public policy exception’ by which domestic judges decline to recognize and enforce international arbitration awards under Article V(2)(b) of the 1958 New York Convention. It explores litigation in China and New York to identify reasons invoked by domestic courts, viewed comparatively, to decline to enforce foreign arbitration awards on localized public policy grounds. It examines the nature and operation of public policy and due process defences, and considers the difficulties faced by domestic courts in delineating the concept of substantive and procedural justice clearly and reliably. The article examines the prospect of domestic courts refining shared norms of transnational public policy and d...

The latest issue of the International Studies Quarterly (Vol. 62, no. 4, December 2018) is out. Contents include: Christina L Davis & Julia C Morse, Protecting Trade by Legalizing Political Disputes: Why Countries Bring Cases to the International Court of Justice Matthias Ecker-Ehrhardt, International Organizations “Going Public”? An Event History Analysis of Public Communication Reforms 1950–2015 Ezequiel Gonzalez-Ocantos, Communicative Entrepreneurs: The Case of the Inter-American Court of Human Rights’ Dialogue with National Judges Meredith Loken, Milli Lake, & Kate Cronin-Furman, Deploying Justice: Strategic Accountability for Wartime Sexual Violence Xun Cao, Haiyan Duan; Chuyu Liu, & Yingjie Wei, Local Religious Institutions and the Impact of Interethnic Inequality on Conflict Virginia Page Fortna, Nicholas J Lotito, & Michael A Rubin, Don't Bite the Hand that Feeds: Rebel Funding Sources and the Use of Terrorism in Civil Wars Erin A Snider, US Democracy...

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 55, 2018) is out. Contents include: Awaiting the Advisory Opinion of the International Court of Justice on the Chagos Archipelago (Part II) Introduced by Thomas Burri, Lucas Carlos Lima, Loris Marotti and Irini Papanicolopulu Peter H. Sand, The British Indian Ocean Territory: International legal black hole? Jamie Trinidad, Self-Determination and territorial integrity in the Chagos Advisory Proceedings: Potential broader ramifications Sue Farran, Chagos and the ICJ – The Marine Protected Area Kinnari Bhatt, Chagos: A Chance for the ICJ to do more for advancing human rights through the rule of law?

The latest issue of the Chinese Journal of International Law (Vol. 17, no. 4, December 2018) is out. Contents include: Articles Rein Müllerson, Human Rights Are Neither Universal Nor Natural Yue Zhang, Customary International Law and the Rule Against Taking Cultural Property as Spoils of War Special Section on the Animal Science Product, Inc. Case in the US Supreme Court Jun Zhao, Notes on Animal Science Products, Inc., et al. v. Hebei Welcome Pharmaceutical Co. Ltd. in the US Supreme Court Sienho Yee, Binding Deference to a Foreign Government’s Authoritative Interpretation or Characterization of its Laws: Brief for China Chamber of International Commerce as Amicus in Support of Respondents in Animal Science Products in the US Supreme Court

The latest issue of Archiv des Völkerrechts (Vol. 56, no. 3, September 2018) is out. Contents include: Abhandlungen Claus Kreß, Die Aktivierung der Zuständigkeit des Internationalen Strafgerichtshofs für das Verbrechen der Aggression Sebastian Rödl, Freiheit als Recht Andreas Kulick, Die humanitäre Repressalie – Rechtsbruch zur Rechtsdurchsetzung? Johann Laux, A New Type of Evidence? Cyberinvestigations, Social Media, and Online Open Source Video Evidence at the ICC Beiträge und Berichte Jing Lu, Reflections on the Questions regarding Chagos Archipelago Put to the ICJ

The latest issue of the Goettingen Journal of International Law (Vol. 9, no. 1, 2018) is out. Contents include: Special Issue: The Law Behind Rule of Law Transfers Till Patrik Holterhus, A Theoretical Introduction and Legal Perspective on Rule of Law Transfers Andreas L. Paulus & Johann Ruben Leiss, Constitutionalism and the Mechanics of Global Law Transfers Till Patrik Holterhus, The Legal Dimensions of Rule of Law Promotion in EU Foreign Policy: EU Treaty Imperatives and Rule of Law Conditionality in the Foreign Trade and Development Nexus Floris Tan, The Dawn of Article 18 ECHR: A Safeguard Against European Rule of Law Backsliding? Andreas Th. Müller, Promoting the Rule of Law Through the Law of Occupation? An Uneasy Relationship Astrid Wiik & Frauke Lachenmann, The Law Behind Rule of Law Promotion in Fragile States: The Case of Afghanistan Kei Hannah Brodersen, The Rule of Law à la ICTY: What the ICTY Deemed Just Good Enough and How it Supported the Countries in the Former...

On March 7-8, 2019, Gothenburg University will host a conference on "A Common European Law on Investment Screening - Foreign Investment in Times of Change." The program is here . Here's the idea: Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The internatonal conference shall take stock of the current rather fragmented regulatory approaches and produce the very first, interdisciplinary grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. The research conference is addressed to participants from academia as ...

Yahli Shereshevsky (Univ. of Haifa - Law) has posted Back in The Game: International Humanitarian Law-Making by States (Berkeley Journal of International Law, forthcoming). Here's the abstract: This article is the first to identify and analyze the recent tendency of states to use unilateral, non-binding, lawmaking initiatives in the context of international humanitarian law (IHL), also known as the Law of Armed Conflict (LOAC). While there was minimal direct state involvement in IHL-making initiatives in the first decade of the 21st century, in recent years states have taken an active part in IHL making. This article analyzes the policies of two states that stand in the middle of this debate – the U.S. and Israel – to provide a detailed account of contemporary state-led IHL-making. It argues that these new initiatives are an attempt by states to regain their influence over IHL from non-state actors. This suggests three broad implications for international lawmaking. First, unilat...

The latest issue of the Nordic Journal of Human Rights (Vol. 36, no. 4, 2018) is out. Contents include: Business and Human Rights Research Methods Aurora Voiculescu, Intersecting Spheres of Analysis in Business and Human Rights: Developing a New Socio-Legal Research Agenda and Methodology for UN Guiding Principle No 9 Liliana Lizarazo-Rodríguez, The UN ‘Guiding Principles on Business and Human Rights’: Methodological Challenges to Assessing the Third Pillar: Access to Effective Remedy Başak Bağlayan, Searching for Human Rights Norms for Corporate Conduct in Domestic Jurisprudence: A Bottom-Up Approach to International Law Karin Buhmann, Analysing OECD National Contact Point Statements for Guidance on Human Rights Due Diligence: Method, Findings and Outlook Kendyl Salcito & Mark Wielga, Corporate Human Rights Risk Assessment: Aligning what is Measured and Managed

On January 31-February 1, 2019, the Centre Thucydide and the Centre de recherche sur les droits de l'homme et le droit humanitaire (CRDH) of the Université Paris 2 Panthéon-Assas will host the 4 es journées de la justice pénale internationale. The program is here .

On March 15, 2019, the Centre d'Etudes sur la Sécurité Internationale et les Coopérations Européennes at the Université de Grenoble Alpes will hold a conference on "La Convention de Vienne sur le droit des traités : bilan et perspectives cinquante ans après son adoption." The program is here .

A call for papers has been issued for the XV edizione dell’Incontro fra giovani cultori delle materie internazionalistiche, to take place April 1, 2019, at the Università degli Studi di Milano. The theme is: "Exit! Il recesso dai trattati multilaterali Crisi e nuovi slanci nella cooperazione internazionale ed europea." The call is here .

Isaac de Paz González (Autonomous Univ. of Baja California - Law) has published The Social Rights Jurisprudence in the Inter-American Court of Human Rights: Shadow and Light in International Human Rights (Edward Elgar Publishing 2018). Here's the abstract: The Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to human rights policy in the Global South. This innovative book offers a thorough and complete examination of the Inter-American Court’s jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives ...

The latest issue of Transnational Legal Theory (Vol. 9, no. 2, 2018) is out. Contents include: John Harrington, “We can’t wait for the bugs to spread” rhetorics of time, space and biosecurity in global health law Dana Burchardt, The twilight of legal order? On the current challenges faced by the concept of a legal system Martine Beijerman, Conceptual confusions in debating the role of NGOs for the democratic legitimacy of international law

The latest issue of the Journal of International Economic Law (Vol. 21, no. 4, December 2018) is out. Contents include: Brian McGarry, The Global Pact for the Environment: Freshwater and Economic Law Synergies Aaditya Mattoo & Joshua P Meltzer, International Data Flows and Privacy: The Conflict and Its Resolution Gabrielle Marceau, Evolutive Interpretation by the WTO Adjudicator Devin McDaniels, Ana Cristina Molina, & Erik N Wijkström, A Closer Look At WTO’s Third Pillar: How WTO Committees Influence Regional Trade Agreements Federico Ortino, The Obligation of Regulatory Stability in the Fair and Equitable Treatment Standard: How Far Have We Come? Qiang Cai & Pengfei Zhang, A Theoretical Reflection on the OECD’s New Statistics Reporting Framework for the Mutual Agreement Procedure: Isolating, Measuring, and Monitoring Sherzod Shadikhodjaev, Non-Market Economies, Significant Market Distortions, and the 2017 EU Anti-Dumping Amendment

Yannick Radi (Univ. of Louvain - Law) has published Research Handbook on Human Rights and Investment (Edward Elgar Publishing 2018). Contents include: Yannick Radi, Introduction: Taking stock of the societal and legal interplay between human rights and investment Ursula Kriebaum, Human rights and international investment arbitration Rodrigo Polanco & Rodrigo Mella, Investment arbitration and human rights cases in Latin America Maria Fanou & Vassilis Tzevelekos, The shared territory of the ECHR and international investment law Laurence Boisson de Chazournes & Rukia Baruti, Human rights, international investment law and transparency Valentina Vadi, Human rights and investments at the WTO Gwen Lehane, Human Rights at the World Bank group Eric De Brabandere & Maryse Hazelzet, Corporate responsibility and human rights – Navigating between international, domestic and self-regulation Gilles Lhuilier, MNCs obligations in their 'sphere of influence' Joanna Kyria...

The latest issue of Arbitration International (Vol. 34, no. 4, December 2018) is out. Contents include: Articles Klaus Peter Berger, Institutional arbitration: harmony, disharmony and the ‘Party Autonomy Paradox’ A conversation with Professor William W. (Rusty) Park—as interviewed by Professor Catherine A. Rogers: Institute for Transnational Arbitration Houston, Texas, 13 January 2017 Julio César Betancourt, Damages for breach of an international arbitration agreement under English arbitration law Daniel Kalderimis, International arbitration in a brave new world Alexey Vyalkov, Hypothetical release damages: a ‘one-size-fits-all’ way to establish a loss in international investment disputes? Susanna Hoe, Pope Gregory the Great and the Disputes of Sardinian Women 591–604 Recent Developments Peng Hou, Financing arbitration in mainland China: Hong Kong’s legislation as a model

The latest volume of the Chinese (Taiwan) Yearbook of International Law and Affairs (Vol. 35, 2017) is out. Contents include: Essay James A.R. Nafziger, Some Personal Reflections about Getting Started as an International Lawyer Articles Michael Hwang S.C. & Lim Si Cheng, Breaking the Silence of the Executive: The Residual Role of the Common Law Courts in the Determination of Statehood Hyun-jin Park, Sovereignty Over Dokdo as Interpreted and Evaluated from the Korean-Japanese Exchanges of Notes Verbales (1952–1965) Yasue Mochizuki, Roles and Functions of Transitional Justice Mechanisms in the Asia-Pacific Region in the Development of International Law Brian McGarry, Third Parties and Insular Features After the South China Sea Arbitration Agata Kleczkowska, “Recognition” of Governments by International Organizations – The Example of the UN General Assembly and Asian States

The latest issue of the Review of International Studies (Vol. 44, no. 5, December 2018) is out. Contents include: Misrecognition in World Politics: Revisiting Hegel Charlotte Epstein, Thomas Lindemann, & Ole Jacob Sending, Frustrated sovereigns: the agency that makes the world go around Charlotte Epstein, The productive force of the negative and the desire for recognition: Lessons from Hegel and Lacan Minda Holm & Ole Jacob Sending, States before relations: On misrecognition and the bifurcated regime of sovereignty Ayşe Zarakol, Sovereign equality as misrecognition Tanja Aalberts, Misrecognition in legal practice: the aporia of the Family of Nations Julia Gallagher, Misrecognition in the making of a state: Ghana’s international relations under Kwame Nkrumah Catarina Kinnvall & Ted Svensson, Misrecognition and the Indian state: the desire for sovereign agency Thomas Lindemann, Agency (mis)recognition in international violence: the case of French jihadism

Dimitrios Dimitrakos (Univ. of the Pacific - McGeorge School of Law) has posted an ASIL Insight on Greece’s Ratification Procedure of the Final Settlement Agreement Between Greece and FYROM .

Fabricio Guariglia (Office of the Prosecutor, International Criminal Court), Ben Batros (Office of the Prosecutor, International Criminal Court), Reinhold Gallmetzer (Office of the Prosecutor, International Criminal Court), & George Mugwanya (Office of the Prosecutor, International Criminal Court) have published The Appeals Chamber of the International Criminal Court: Commentary and Digest of Jurisprudence (Cambridge Univ. Press 2018). Here's the abstract: A comprehensive source of the most authoritative statements of the International Criminal Court's appellate jurisprudence. Its clear format includes commentaries followed by excerpts of the decisions and judgments, carefully selected by lawyers based on their relevance and grouped by topic. It provides a practical background to the International Criminal Court's appellate jurisprudence from experienced current and former Appeals Counsel of the Office of the Prosecutor of the Court, highlighting pertinent issues. ...

Matiangai V.S. Sirleaf (Univ. of Pittsburgh - Law) has posted Responsibility for Epidemics (Texas Law Review, forthcoming). Here's the abstract: Epidemics are the result of the actions of multiple actors, which necessitates a comprehensive allocation of responsibility. However, the traditional framework for responsibility, as well as the emerging norm of the responsibility to protect, are inadequate for addressing epidemics. Both perpetuate the fallacy that states can, on their own, cope with the increased incidence of epidemics and fail to adequately allocate responsibility. Given these limitations, this Article argues for a new vision of responsibility. It develops the theory underlying the norm of common but differentiated responsibility and makes the case for expansion of this framework to the challenges posed by highly-infectious diseases. This Article articulates the distinctive normative bases for differentiating responsibilities based on need, culpability, and capacity. T...

The latest issue of Ocean Development & International Law (Vol. 49, no. 4, 2018) is out. Contents include: Liu Nengye & Xu Qi, How Might the European Union Engage Constructively with China in the South China Sea? Suk Kyoon Kim, The Expansion of and Changes to the National Coast Guards in East Asia Timothy Perry, The PSI as a Shared Good: How the Proliferation Security Initiative Both Challenges and Reinforces a Prevailingly Mare Liberum Regime Finn Mørk, Classification of Seafloor Highs in Accordance With Article 76 of UNCLOS—Consequences of the Commission on the Limits of the Continental Shelf Recent Modifications of Its Interpretations

A call for papers has been issued for the III LAwTTIP Joint Conference , which will be held March 21-22, 2019, in London. The theme is: "EU Law, Trade Agreements, and Dispute Resolution Mechanisms: Contemporary Challenges." The call is here .

The latest issue of Human Rights & International Legal Discourse (Vol. 12, no. 2, 2018) is out. Contents include: E. Guntrip, International Investment Law in an Isolationist World: A Human Rights Perspective C. Sim, Strategies for Addressing Human Rights Violations in Investment Arbitration. Substantive Principles and Procedural Solutions F. Capone, A Reflection on the Transformative Potential of Reparations. The Approach of the Regional Human Rights Courts L. Lyra Jubilut & A. Sanctis, Human Rights at the International Court of Justice: The Construction of a Conversation from Judges’ Individual Opinions

The Codification Division of the UN Office of Legal Affairs recently added new lectures to the UN Audiovisual Library of International Law . They were given by Patrícia Galvão Teles on “ Obligations and Rights Erga Omnes in the case-law of the International Court of Justice ” and Ki-Gab Park on “ Lex Ferenda in International Law .”

José E. Alvarez (New York Univ. - Law) has published Boundaries of Investment Arbitration (JurisNet 2018). Here's the abstract: The Boundaries of Investment Arbitration analyses references to European human rights and WTO law in investor-state rulings, advances reasons for these resorts to “non-investment” law, and puts these “boundary crossings” in broader context. It enumerates the legal gateways for these “public law” references and considers what engagement with human rights and trade law tells us about the motivations of investor-state arbitrators, scholars, and civil society. Exploring when and how arbitrators or litigants reach into other international law regimes to interpret the content of international investment law says a great deal about what that law is—and is not.

Catharine Titi (Centre national de la recherche scientifique) has posted The Evolution of Substantive Investment Protections in Recent Trade and Investment Treaties . Here's the abstract: Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this think piece explores substantive standards in recent treaty practice. It finds that new IIAs converge to a large extent with respect to their substantive standards. Old generation IIAs will probably remain dominant for some time as they represent the bulk of existing agreements. But there is a clear trend towards displacing them with the conclusion of new generation IIAs.

The latest issue of the Human Rights Law Review (Vol. 18, no. 4, December 2018) is out. Contents include: Sandra Liebenberg, Participatory Justice in Social Rights Adjudication Kay Wilson, The Call for the Abolition of Mental Health Law: The Challenges of Suicide, Accidental Death and the Equal Enjoyment of the Right to Life Andrea Nicholson, Minh Dang & Zoe Trodd, A Full Freedom: Contemporary Survivors’ Definitions of Slavery Laurens Lavrysen, Causation and Positive Obligations Under the ECHR: A Reply to Vladislava Stoyanova Charilaos Nikolaidis, Unravelling the Knot of Equality and Privacy in the European Court of Human Rights and the US Supreme Court: From Isonomia to Isotimia Mark Simpson, Assessing the Compliance of the United Kingdom’s Social Security System with its Obligations under the European Social Charter Andrew Novak, The ‘Judicial Dialogue’ in Transnational Human Rights Litigation: Muruatetu & Anor v Republic and the Abolition of the Mandatory Death Penalty in K...

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 24, no. 4, October-December 2018) is out. Contents include: The Global Forum Sung-Mi Kim, Sebastian Haug & Susan Harris Rimmer, Minilateralism Revisited: MIKTA as Slender Diplomacy in a Multiplex World Conor Seyle & Roberta Spivak, Complexity Theory and Global Governance: Is More Different? Articles Marianne Beisheim & Nils Simon, Multistakeholder Partnerships for the SDGs: Actors’ Views on UN Metagovernance Joseph G. Bock & Ziaul Haque, Getting a Sharper View of the Humanitarian Marketplace: Introducing Conduit Engagement Theory Nicholas Chan, “Large Ocean States”: Sovereignty, Small Islands, and Marine Protected Areas in Global Oceans Governance Joel E. Oestreich, The World Bank and the “Equity Agenda”: An Assessment After Ten (or So) Years Jami Nelson-Nuñez & Elise Pizzi, Governance and Water Progress for the Rural Poor Theresa Squatrito, The Democratizing E...

Rossana Deplano (Univ. of Leicester - Law) has posted The Riddle of Custom: General Assembly Resolutions (in International Organizations, Non-State Actors, and the Formation of Customary International Law , Sufyan Droubi & Jean d’Aspremont eds., forthcoming). Here's the abstract: This chapter examines the role of resolutions in the International Law Commission (ILC) Conclusions on Identification of Customary International Law. The analysis unfolds along three lines of inquiry. The first one critically analyses the methodology devised by the ILC to ascertain the existence of a customary rule with a view to understanding how it works in the institutional setting of international organizations. The second one examines the definition of resolution contained in the Conclusions and compares it with the mainstream literature on the concept of resolution. The third one evaluates the practical implications of the ILC conclusions by using the resolutions of the United Nations General A...

The latest volume of the European Investment Law and Arbitration Review (Vol. 3, 2018) is out. Contents include: Patrick Dumberry, State Succession to Multilateral Investment Treaties and the ICSID Convention Christine Sim, Attributing Responsibility to International Organisations: Lessons from the EU–Singapore Investment Protection Agreement Régis Bismuth, Screening the Commission’s Regulation Proposal Establishing a Framework for Screening FDI into the EU Facundo Calvo, The Most Feasible Way Towards a Multilateral Investment Treaty Matej Kosalko, (In)Genuinely Foreign Investment: A Survey of Nationality Requirements in Investment Disputes Victoria Barausova, Slovak Republic v. Achmea from a Public International Law Perspective: Is State Consent to Arbitrate Under Intra-EU BITS Still Valid? Giammarco Rao, The Withdrawal of a European State from the ECT in Light of the Achmea Case Aesa Dey, Fábrica de Vidrios Los Andes, C.A. & Owens-Illinois de Venezuela, c.a. v. Bolivarian Republ...

Sean D. Murphy (George Washington Univ. - Law) has posted Obligations of States in Disputed Areas of the Continental Shelf (in New Knowledge and Changing Circumstances in the Law of the Sea , forthcoming). Here's the abstract: Normally, a coastal State has sovereign rights to explore and exploit the natural resources of the continental shelf appurtenant to its territory. In some situations, however, States have overlapping claims as to their continental shelves, which raises important issues as to how such States must conduct themselves prior to resolution of their dispute. This chapter advances eight basic rules that every State is expected to follow in such a situation. Inevitably, such rules are general in nature and will have variable effects when applied in context. Nevertheless, it is submitted that such rules provide importance guidance to States in upholding their overall duty to resolve disputes peacefully.

The latest volume of the Max Planck Yearbook of United Nations Law (Vol. 21, 2017) is out. Contents include: Ignacio Tredici & Renaud Galand, Holding to Account the Commission of International Crimes in the Central African Republic: The Establishment of the Special Criminal Court Loris Marotti, Determining the Scope of the Local Remedies Rule in UNCLOS Disputes Chie Sato, The UN and Its Agencies in the Development of Regulations on Management and Conservation of Fisheries: A Plurality of Initiatives but Questionable Coherence Federica I. Paddeu, To Convene or Not to Convene? The Future Status of the Articles on State Responsibility: Recent Developments Petra Minnerop, Taking the Paris Agreement Forward: Continuous Strategic Decision-making on Climate Action by the Meeting of the Parties Stephanie Schlickewei, The Revision of the General Comment No. 1 on the Implementation of Art. 3 UNCAT’s Non-Refoulement Obligation in Light of the Use of Diplomatic Assurances Rishi Gulati, An Int...

The latest volume of the Yearbook of Polar Law (Vol. 9, 2017) is out. Contents include: Romain Chuffart, Speaking of Rights: Indigenous Linguistic Rights in the Arctic Mikael Lundmark, The European Court of Human Rights and the Protection of Arctic Indigenous Peoples Rights Monica Burman & Eva-Maria Svensson, Women’s Human Rights in the Governance of the Arctic – Gender Equality and Violence against Indigenous Women Ayo Næsborg-Andersen & Bassah Khalaf, The Right of Indigenous Peoples to Education in Their Own Language – Greenlanders in Denmark and in Greenland Tanja Joona, Safeguarding Cultural Rights of Sámi Children and Youth in Finland, with Special Emphasis on the Linguistic Part of Cultural Identity – Current Challenges Ekaterina Britcyna, Soili Nystén-Haarala & Minna Pappila, Extractive Industries and Public Participation in Russia: The Case of the Oil Industry in Izhemskii District, Komi Republic Karin Buhmann, International Law and Corporate Social Responsibility:...

The latest issue of the Journal of World Investment & Trade (Vol. 19, nos. 5-6, 2018) is out. Contents include: Oceans and Space: New Frontiers in Investment Protection? Stephan W. Schill, Christian J. Tams & Rainer Hofmann, Oceans and Space: New Frontiers in Investment Protection? An Introduction Christopher Greenwood, Oceans and Space: Some New Frontiers for International Investment Law Seline Trevisanut & Nikolaos Giannopoulos, Investment Protection in Offshore Energy Production: Bright Sides of Regime Interaction Peter Tzeng, Investment Protection in Disputed Maritime Areas Markos Karavias, Submarine Cables and Pipelines: The Protection of Investors Under International Law Joanna Dingwall, International Investment Protection in Deep Seabed Mining Beyond National Jurisdiction Ingo Baumann, Hussaine El Bajjati & Erik Pellander, NewSpace: A Wave of Private Investment in Commercial Space Activities and Potential Issues Under International Investment Law Peter Malanczuk...

The latest issue of the Asia-Pacific Journal of Ocean Law and Policy (Vol. 3, no. 2, 2018) is out. Contents include: Robin Warner, Oceans of Opportunity and Challenge: Towards a Stronger Governance Framework for Conservation and Sustainable Use of Biodiversity in Marine Areas beyond National Jurisdiction Michael Batty & Vivian Fernandes, Management of Tuna Fisheries for Sustainable Development in the Pacific Islands: Regional Cooperation in a Shared Fishery as a Means of Achieving the Sustainable Development Goals Joanna Mossop, Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region? Christine Sim, Maritime Boundary Disputes and Article 298 of UNCLOS: A Safety Net of Peaceful Dispute Settlement Options Lyle J. Morris, Crossing Interagency Lines: Enhancing Navy-Coast Guard Cooperation to Combat Gray Zone Conflicts of East Asia

The latest issue of the Korean Journal of International and Comparative Law (Vol. 6, no. 2, 2018) is out. Contents include: Chie Kojima, Maritime Law Enforcement in Japan Hadyu Ikrami & Leonardo Bernard, Indonesia’s Maritime Governance: Law, Institutions and Cooperation Thi Lan Anh Nguyen & Ngan Ha Mai, Vietnam Maritime Law Enforcement Anastasia Telesetsky, U.S. State Practice: Taking a Necessary Long-Arm Approach to Maritime Enforcement James Wraith & Clive Schofield, Australia’s Endeavours in Maritime Enforcement: Securing Vast and Vital Oceans Karen N. Scott, Maritime Law Enforcement in New Zealand Buhm-Suk Baek, Major Decisions from the Second Half of 2017 to the First Half of 2018

Moshe Hirsch (Hebrew Univ. of Jerusalem - Law) & Andrew Lang (Univ. of Edinburgh - Law) have published Research Handbook on the Sociology of International Law (Edward Elgar Publishing 2018). Contents include: Moshe Hirsch & Andrew Lang, Introduction to the Research Handbook on the Sociology of International Law Bryant G. Garth, Issues of Empire, Contestation, and Hierarchy in the Globalization of Law Fabian Bohnenberger & Christian Joerges, A conflicts-law response to the precarious legitimacy of transnational trade governance Sabine Frerichs & Rick James, Correlated ownership: Polanyi, Commons, and the property continuum Wouter G. Werner, Regulating Speed: Social Acceleration and International Law Ruth Buchanan, Kimberley Byers & Kristina Mansveld, ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development Andrew Lang, International lawyers and the study of expertise: representationalism and performativity ...

The latest issue of the International Review of the Red Cross (Vol. 99, no. 905, August 2017) is out. The theme is: "The Missing." Contents include: Vincent Bernard, The disappeared and their families: When suffering is mixed with hope Interview with Estela Barnes de Carlotto: President of the Grandmothers of the Plaza de Mayo Maleeka Salih & Gameela Samarasinghe, Families of the missing in Sri Lanka: Psychosocial considerations in transitional justice mechanisms Pauline Boss, Families of the missing: Psychosocial effects and therapeutic approaches Q&A: The ICRC's engagement on the missing and their families Ximena Londoño & Alexandra Ortiz Signoret, Implementing international law: An avenue for preventing disappearances, resolving cases of missing persons and addressing the needs of their families Bernard Duhaime & Andréanne Thibault, Protection of migrants from enforced disappearance: A human rights perspective Monique Crettol, Lina Milner, Anne-Mar...

Julian Fernandez (Université Paris II Panthéon-Assas - Law) & Olivier de Frouville (Université Paris II Panthéon-Assas - Law) have published Les mutations de la justice pénale internationale ? (Pedone 2018). The table of contents is here . Here's the abstract: L’organisation de la poursuite des responsables de crimes de masse se présente comme un phénomène contemporain, multidimensionnel et incertain. Un phénomène contemporain car si l’on met de côté le précédent controversé – mais néanmoins précieux – des Tribunaux militaires internationaux au sortir de la Seconde Guerre mondiale (Nuremberg et Tokyo), la justice pénale internationale est née il y a vingt-cinq ans seulement, lorsque le Conseil de sécurité créa le Tribunal pénal international pour l’ex-Yougoslavie (TPIY). Un phénomène multidimensionnel puisque, depuis la « renaissance » de la justice pénale internationale en 1993, ce sont trois générations de juridictions qui ont été inventées. Les deux Tribunaux pénaux inter...

The latest issue of the Michigan Journal of International Law (Vol. 39, no. 3, Fall 2018) is out. Contents include: Nadia Banteka, A Theory of Constructive Interpretation for Customary International Law Identification Michael Da Silva, The International Right to Health Care: A Legal and Moral Defense Andrew Kent, Piracy and Due Process Vera Shikhelman, Access to Justice in the United Nations Human Rights Committee

S. Jayakumar (National Univ. of Singapore - Centre for International Law), Tommy Koh (National Univ. of Singapore - Centre for International Law), Robert Beckman (National Univ. of Singapore - Centre for International Law), Tara Davenport (National Univ. of Singapore - Centre for International Law), & Hao Duy Phan (National Univ. of Singapore - Centre for International Law) have published The South China Sea Arbitration: The Legal Dimension (Edward Elgar Publishing 2018). Contents include: S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport & Hao Duy Phan, The South China Sea Arbitration: Laying the Groundwork Robert Beckman, Jurisdictional Issues in the South China Sea Arbitration Stuart Kaye, Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle Tara Davenport, Procedural Issues Arising from China’s Non-Participation in the South China Sea Arbitration Clive R Symmons, Historic Rights in the Light of the Award in the South Chi...

Ralph R.A. Janik (Univ. of Vienna - Law) has posted US Sovereignty in the Age of Trump – A European Perspective . Here's the abstract: The Trump administration has been launching numerous challenges to international law. Countless commentators have lamented the decline of multilateralism and the so-called “Liberal World Order.” We may indeed be witnesses of the comeback of 19th century thinking on sovereignty and a return to Balance of Power Politics.

Ilias Bantekas (Brunel Univ. - Law; Northwestern (HBKU Qatar) - Law) & Cephas Lumina (Univ. of Fort Hare - Law) have published Sovereign Debt and Human Rights (Oxford Univ. Press 2018). The table of contents is here . Here's the abstract: Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the c...

Gillian Moon (Univ. of New South Wales - Law) & Lisa Toohey (Univ. of Newcastle, New South Wales - Law) have published The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited (Cambridge Univ. Press 2018). Contents include: Andrew Lang, Foreword Gillian Moon & Lisa Toohey, Introduction to the embedded liberalism compromise Meredith Kolsky Lewis, The embedded liberalism compromise in the making of the GATT and Uruguay Round Agreements Lisa Toohey, The embedded liberalism compromise as touchstone in times of political turmoil Gillian Moon, Universal human rights in the embedded liberalism compromise Chios Carmody, Recalibrating the embedded liberalism compromise: 'legitimate expectations' and international economic law Fiona Smith, From agriculture to food security: embedded liberalism and stories of regulatory failure Hsu-Hua Chou & Weihuan Zhou, Embedded liberalism and national treatment: the case of Taiwan'...

The latest issue of the International Organizations Law Review (Vol. 15, no. 2, 2018) is out. Contents include: Special Issue: Exiting International Organizations Catherine M Brölmann, Richard Collins, Sufyan Droubi & Ramses A Wessel, Exiting International Organizations: A Brief Introduction Nicolas Kang-Riou & David Rossati, The Effects of Juridification on States Exiting International Institutions Jed Odermatt, How to Resolve Disputes Arising from Brexit: Comparing International Models Siri Silvereke, Withdrawal from the EU and Bilateral Free Trade Agreements: Being Divorced Is Worse? William Thomas Worster, Brexit and the International Law Prohibitions on the Loss of EU Citizenship Juan-Pablo Perez-Leon-Acevedo, Why Retain Membership of the International Criminal Court? Victim-Oriented Considerations Frederick Cowell, Exit Clauses in Regional Human Rights Systems: The Socialisation of Human Rights Law at Work?

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 78, no. 4, 2018) is out. Contents include: Abhandlungen Eberhard Schmidt-Aßmann, Zum Standort der Rechtsvergleichung im Verwaltungsrecht Beáta Bakó, The Zauberlehrling Unchained? Jeanique Pretorius, Enhancing Environmental Protection in Non-International Armed Conflict: The Way Forward Andrea de Guttry, The Right of Aliens to Vote and to Carry Out Political Activities: A Critical Analysis of the Relevant International Obligations Incumbent on the State of Origin and on the Host State Malte Fischer, Der Zwei-plus-Vier-Vertrag und die reparationsberechtigten Drittstaaten

Ignacio de la Rasilla del Moral (Wuhan Univ. - Law) & Ayesha Shahid (Coventry Univ. - Law) have published International Law and Islam: Historical Explorations (Brill | Nijhoff 2019). Contents include: Ignacio de la Rasilla, Islam and the Global Turn in the History of International Law Ignacio de la Rasilla, The Protean Historical Mirror of International Law Michelle Burgis-Kasthala, How Should International Lawyers Study Islamic Law and Its Contribution to International Law? Ayesha Shahid, An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions John D. Haskell, Subjectivity and Structures: The Challenges of Methodology in the Study of the History of International Law and Religion Robert Kolb, The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum? Jean Allain, Khadduri as Gatekeeper of the Islamic Law of Nations? Ignacio Forcada Barona, In Search of the Lost Influence: Islamic Thinkers and th...

Sara Kendall (Univ. of Kent - Law) & Sarah Nouwen (Univ. of Cambridge - Law) have posted International Criminal Justice and Humanitarianism (in The Oxford Handbook of International Criminal Law , Kevin Jon Heller, Frédéric Mégret, Sarah Nouwen, Jens David Ohlin & Darryl Robinson eds., forthcoming). Here's the abstract: This chapter explores the relationship between international criminal justice and the field of humanitarianism. From some perspectives within these fields, humanitarianism and international criminal justice are diametrically opposed (international criminal justice against humanitarianism). Whilst recognising the differences in mandates and operational practices, this chapter argues that the fields nevertheless share certain attributes and challenges. Building on these parallels, the chapter illustrates two central issues faced by both fields: their relationship to and enactment of politics and their accountability to various constituencies (international c...

Franklin Berman (Essex Court Chambers) has posted Authority in International Law . Here's the abstract: The author discusses the question of authority when determining the content of an international legal rule. Taking Article 38(1)(d) of the ICJ Statute as a point of departure, he determines through meticolous analysis what ranks as judicial decisions as well as teachings within the meaning of the norm. The author then proceeds to a number of factors to determine authoritativeness: objectivity, knowledgeability, depth of analysis, and the presence or otherwise of reasoning and, in particular, the persuasiveness of an opinion. In the case of judicial pronouncements, the author points out that the paradox between Article 59 and Article 38(1)(d) of the ICJ Statute is only an apparent one. While judgments of the Court are binding only between the parties, it is merely the underlying reasoning that can be taken into account in the context of Article 38(1)(d) if considered persuasive. ...

Harlan Grant Cohen (Univ. of Georgia - Law) has posted What is International Trade Law for? Here's the abstract: Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth. But what if the problem isn’t policy, but principle? The major international economic institutions of the last few decades have been based on and around a normative principle of “growing the pie” and “raising all boats.” Most policy tweaks that have been suggested assume this neol...

The latest issue of the Cambridge International Law Journal (Vol. 7, no. 2, December 2018) is out. Contents include: Andrea Broderick, The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights? Agustín Ruiz Robledo, The construction of the right to free elections by the European Court of Human Rights Tania Penovic & Ronli Sifris, Expanding the feminisation dimension of international law: targeted anti-abortion protest as violence against women Róisín A Costello, International criminal law and the role of non-state actors in preserving open source evidence Tsvetelina van Benthem, Social media actors in the fight against terrorism: technology and its impact on human rights Eva Kassoti, Doing business right? Private actors and the international legality of economic activities in occupied territories Johanna Aleria P Lorenzo, International law-making in the ...

Megan Donaldson (Lauterpacht Centre for International Law) has posted The League of Nations, Ethiopia and the Making of States (Humanity, forthcoming). Here's the abstract: This article takes the Ethiopian case as a lens on how the existence of the League refracted approaches to statehood and belonging for polities on the margins of the “family of nations.” Unlike many other doctrinal or historical treatments, this article does not focus on any one juridical concept or doctrine, such as sovereignty, statehood, or recognition. Rather, it traces the flux within concepts, and the uneasy relation between them, which come to light when public statements in the League are read alongside deliberations within European foreign ministries, and projects of reform pursued in Ethiopia itself. Refocusing on the complexity of contemporary discussions reveals how juridical approaches have shifted over time in their relation to concrete factors such as military force, bureaucratic organization an...