- The Dokdo/Takeshima Dispute
- Paul Huth, Sunwoong Kim & Terence Roehrig, Special Issue Introduction
- Paul Huth & Sunwoong Kim, Is There a Path to Peaceful Resolution in the Dokdo/Takeshima Dispute?
- Hee Eun Lee, South Korea’s Claim to Dokdo
- Hyon Joo Yoo, Domestic Politics in South Korea and the Territorial Issue of Dokdo
- Terence Roehrig, Stuck Between Two Allies: The United States and the Dokdo/Takeshima Dispute
Thursday, December 14, 2017
Wednesday, December 13, 2017
- NUS Centre for International Law Collection of Articles on an Appellate Body in ISDS
- Meg Kinnear & Christine Sim, Introduction to the Collection
- J. Christopher Thomas & Harpreet Kaur Dhillon, The Foundations of Investment Treaty Arbitration: The ICSID Convention, Investment Treaties and the Review of Arbitration Awards
- Elsa Sardinha, The Impetus for the Creation of an Appellate Mechanism 503 Mark Feldman, Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power
- Mark Huber & Greg Tereposky, The WTO Appellate Body: Viability as a Model for an Investor–State Dispute Settlement Appellate Mechanism
- Chester Brown, Supervision, Control, and Appellate Jurisdiction: The Experience of the International Court
- N. Jansen Calamita, The Challenge of Establishing a Multilateral Investment Tribunal at ICSID
- Elsa Sardinha, The New EU-Led Approach to Investor-State Arbitration: The Investment Tribunal System in the Comprehensive Economic Trade Agreement (CETA) and the EU–Vietnam Free Trade Agreement
- Colin M. Brown, A Multilateral Mechanism for the Settlement of Investment Disputes. Some Preliminary Sketches
- Lucy Reed & Christine Sim, Potential Investment Treaty Appellate Bodies: Open Questions
- Facundo Pérez-Aznar, Investment Protection in Exceptional Situations: Compensation-for-Losses Clauses in IIAs
- Case Comment
- Tomoko Ishikawa, Marco Gavazzi and Stefano Gavazzi v Romania: A New Approach to Determining Jurisdiction over Counterclaims in ICSID Arbitration?
- David Glazier, Zora Colakovic, Alexandra Gonzalez & Zacharias Tripodes, Failing Our Troops: A Critical Assessment of the Department of Defense Law of War Manual
- Emilie M. Hafner-Burton, Sergio Puig & David G. Victor, Against Secrecy: The Social Cost of International Dispute Settlement
- Frédéric Gilles Sourgens, The Privacy Principle
- Jeremy Julian Sarkin, How Conditional Amnesties Can Assist Transitional Societies in Delivering on the Right to the Truth
- Anna Mlynarska-Sobaczewska, Utopian Concept, Mixed Structure, Digital Extent and New Claims
- Jessica Lynn Corsi, Drone Deaths Violate Human Rights: The Applicability of the ICCPR to Civilian Deaths Caused by Drones
- Sylvanus Gbendazhi Barnabas, The Legal Status of the United Nations Declaration on the Rights of Indigenous Peoples (2007) in Contemporary International Human Rights Law
- Ronagh J.A. McQuigg, The CEDAW Committee and Gender-Based Violence against Women
- Marine Environmental Protection in Asia: Regional Implementation of IMO Conventions
- David Freestone, Moon Sang Kwon & Seokwoo Lee, Marine Environmental Protection in Asia
- Robert Beckman & Zhen Sun, The Relationship between UNCLOS and IMO Instruments
- Keyuan Zou & Lei Zhang, Implementing the London Dumping Convention in East Asia
- Millicent McCreath, Burgeoning Practice of Southeast Asian States to Protect the Marine Environment from the Effects of International Shipping
- Monacelli Nicholas, Applying Cold-Ironing Regulation in Southeast Asian Ports to Reduce Emissions
- State Law of the Sea Practice in Asian Pacific States
- Hadyu Ikrami, Indonesia’s Reform of Its Fisheries Law and Policy & Cooperation with ASEAN in Combating IUU Fishing
- James Wraith, The Irony behind the Curtains
Mitchell, Munro, & Voon: Importing WTO General Exceptions into International Investment Agreements: Proportionality, Myths and Risks
General exceptions are increasingly ‘imported’ from the World Trade Organization’s General Agreement on Tariffs and Trade 1994 (Article XX) and General Agreement on Trade in Services (Article XIV) into the different context of international investment agreements. Such importation is effected through various forms of language and structures in different treaties, with the general intention of enhancing the ability of host States to regulate in the public interest, as exemplified in several recent treaties, including a number signed in 2016. However, this approach does not appear to have been accompanied by rigorous analysis of the different forms of policy flexibility presented in core investment disciplines on the one hand (expropriation, fair and equitable treatment, and non-discrimination) and WTO-style general exceptions on the other. In practice, investment norms have already evolved to encompass policy space, albeit sometimes subject to a stringent proportionality test. Understanding the impact of general exceptions on the interpretation of existing investment obligations requires close investigation of those developments as well as WTO jurisprudence and the law of treaties in public international law. While the WTO general exceptions offer greater deference to regulatory sovereignty than is usually recognised, their inclusion in investment treaties risks undermining host States’ policy objectives in unintended ways unless carefully delineated and situated in the treaty alongside relevant clarifications.
Tuesday, December 12, 2017
Who makes international law? That is the subject of this article, with a focus on the particular case of the law of armed conflict (international humanitarian law). Is it states and only states? Or are other actors also involved? What is the role of international courts and tribunals? And where does the work of the International Committee of the Red Cross fit? Drawing on ideas of communities of practice and interactional international law, the article argues that it is the community of international humanitarian lawyers that makes international humanitarian law through a process of dialogic interaction. This community includes states, international courts and tribunals, the International Committee of the Red Cross, academics, and others. Through interaction in the selection of issues, during the drafting of outputs, and following the publication of the finished product, the community makes and shapes international humanitarian law. States thus play a crucial role in law-making, particularly insofar as the conclusion of treaties and the formation of customary international law are concerned. However, states have tended not to react to the interpretation, application and identification of the law by other members of the community. This relative silence on the part of states has had a number of consequences. Silence has been taken as acquiescence. The response of other members of the community to the publication of an output has taken on a greater significance. And states have been side-lined. The Article concludes by discussing ways in which states can re-engage in the making and shaping of international humanitarian law.
- Benjamin J. Appel, In the Shadow of the International Criminal Court: Does the ICC Deter Human Rights Violations?
- Thomas Zeitzoff, Does Social Media Influence Conflict? Evidence from the 2012 Gaza Conflict
- Oliver Kaplan & Enzo Nussio, Explaining Recidivism of Ex-combatants in Colombia
- Michaela Mattes, “Chipping Away at the Issues” Piecemeal Dispute Resolution and Territorial Conflict
- Nizan Feldman & Tal Sadeh, War and Third-party Trade
- Sandra Penic, Guy Elcheroth, & Dario Spini, When Is Collective Exposure to War Events Related to More Acceptance of Collective Guilt?
- Christoph Mikulaschek & Jacob N. Shapiro, Lessons on Political Violence from America’s Post–9/11 Wars
- Jóhanna K. Birnir, David D. Laitin, Jonathan Wilkenfeld, David M. Waguespack, Agatha S. Hultquist, & Ted R. Gurr, Introducing the AMAR (All Minorities at Risk) Data
- Darryl Robinson, A Justification of Command Responsibility
- Ekaterina A. Kopylova, The Offence of Giving False Testimony under Solemn Declaration in the Rome Statute
- Emma Charlene Lubaale, Military Courts and Prosecution of Offences by National Defense Forces in the Dawn of the Complementarity Regime: The Case of Uganda
- Marta Picchi, Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Some Remarks on the Operative Solutions at the European Level and their Effects on the Member States. The Case of Italy
- Octavia Cerchez, Trade Facilitation Benefits – Equal Distribution for Both Big and Small Firms?
- Rosa Amilli Guzmán Pérez, Transglobal Green Energy, LLC and Transglobal Green Panama, S.A. v. The Republic of Panama: Investor – State Arbitration; Award by the International Centre for Settlement of Investment Disputes (ICSID)
- Eddy Jabnoune, Third Generation Treaties: A Call for an Evolution in the Investment Dispute Resolution System
- Karina Ramírez Díaz, The Precautionary Principle and Article 5.7 of the World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures
Call for Papers: Le principe d’autodétermination un siècle après le traité de Versailles / Das Selbstbestimmungsprinzip ein Jahrhundert nach dem Versailler Vertrag
20 August - 7 September 2018
Directors of Research: Prof. Christian J. Tams (University of Glasgow); Dr. Anne-Laure Chaumette (Paris Nanterre University)
The usefulness of ‘international inspections’ is recognised in many areas of international law: in one way or another, inspections form part of international legal regimes in fields as diverse as international economic law (World Bank Inspection Panels), disarmament (IAEA, CWC, etc.), the law of the sea (e.g. Convention on the Conservation of Antarctic Marine Living Resources) and human rights law (e.g. Convention on the Rights of Persons with Disabilities), to name but a few. While the context varies, and with it the specifics of the inspectors’ mandate, inspections seek to assess whether a certain conduct is in line with international expectations/obligations. As such, inspections are best viewed as a form of exercising control of internationally regulated conduct: of variable effectiveness, they form part of international law’s administrative/executive function.
While particular forms of international inspections have been the subject of research, the concept as such remains under-researched and elusive. The 2018 Centre for Research and Studies of The Hague Academy of International Law aims to fill the existing gap by bringing together researchers embarking on a cross-cutting analysis of international inspections. Proceeding from examples in particular fields, the overarching aim of the analysis is
- to enhance our understanding of the concept of international inspections by distilling, in a comparative analysis, common features and differences of inspection regimes;
- identify and classify their key functions;
- assess the potential and limits of inspections; and
- identify best practices of designing and implementing inspection procedures.
- To what extent are international inspections distinct from inquiries or related forms of exercising international control over State conduct? What is the link between inspections on the one hand, and concepts such as ‘guarantees’ or ‘fact-finding’ on the other?
- What are commonalities, what are differences between the different forms of inspections recognised in international regimes? Is there a common core to the concept of inspections, and if so, what does it consist of?
- What lessons, if any, can be learned from the actual practice of inspections in different areas of international law? Have ‘best practices’ emerged, and should they be recorded?
- What is the role of individuals and NGOs in the framework of international inspections?
- Is there a tension between the powers of international inspectors and the sovereignty of States, and if so, how can the two be accommodated?
- How are international inspections regulated, and to what extent does international law restrict the powers of inspectors (e.g. with respect to human rights, to rules governing the conduct of inspections, and/or the protection of confidentiality)?
- What is the nature of powers enjoyed by international inspectors? Do they enjoy proper authority, or are they merely instruments of verification?
- What is the role of sanctions in relation to international inspections? Are inspections a substitute for, or subsidiary to, international sanctions? Do they complement sanctions? Or are they a (necessary) first step before sanctions are imposed?
- What are the legal consequences of inspections? Can they result in accountability or responsibility? Could they dilute the regime of responsibility?
- Are inspections effective? Are they efficient?
- What is the probative value of information obtained through inspections?
Monday, December 11, 2017
Studies reveal that academics who engage in doctrinal research in the discipline of law rarely describe their reasons for doing so or how they go about it. Perhaps this is because doctrinal research does not lend itself to straightforward explanation but rather is a genre of research “…that is largely intuitively, rather than rationally, understood amongst lawyers and researchers”. Doctrinal legal research in the field of international human rights scholarship appears to be no different: while this method of research infuses a great deal of human rights scholarship, there is a dearth of reflection on its intrinsic value or indeed purpose in the field and even less concrete instruction on what it entails in terms of its methodological requirements. In an attempt to fill this lacuna, this chapter begins with an overview of the doctrinal method in general terms, highlighting its strengths as well as its weaknesses. It goes on to consider the specific challenges facing the doctrinal analyst when researching in the field of international human rights, before analysing some concrete examples of the doctrinal method in action in this context.
There is little doubt that res iudicata is a general principle of law. But its application in investment treaty arbitration remains varied. A recent fracture in the case law of investment tribunals concerns the apparent dilemma of the res iudicata effect, if any, of interlocutory decisions rendered under the ICSID Convention. The article explores res iudicata and its scope in light of the formal distinction between awards and decisions under the ICSID Convention. It engages critically with the relevant case law and argues that, in contrast to awards, decisions do not carry res iudicata effect. But the absence of res iudicata does not mean that the reopening of a decision is always justified and special regard must be had to the specific circumstances.
Sinclair: A Shifting Field of Battle: The United Nations and the Struggle Over Postcolonial Statehood
This draft chapter argues that decolonization effected a profound transformation in the legal structures and powers of the UN. The chapter traces a series of battles or struggles in the early UN, centred on the nature and functions of the postcolonial states, each of which resulted in innovations in the institutional framework and powers of the UN. In particular, the chapter focuses on three axes of struggle, in relation to the meaning of self-government, the values and practices of modern government, and the import of sovereign equality. These three axes of struggle eventually came together in the invention of a new institutional form, which has become the most visible ‘face’ of the UN today: the peacekeeping operation.
Sunday, December 10, 2017
Frankfurt Investment Law Workshop 2018: International Investment Law and Constitutional Law (9-10 March 2018)
For many years, the Frankfurt Investment Law Workshop – jointly organized by Rainer Hofmann (Frankfurt), Stephan W. Schill (Amsterdam), and Christian J. Tams (Glasgow) – has been a forum for the discussion of foundational issues of international investment law.
The 2018 workshop addresses the increasingly relevant relationship between international investment law and constitutional law. While both fields, for a long time, have kept maximum distance to each other, they are beginning to interact as constitutional courts around the world, such as the German Federal Constitutional Court, the French Conseil Constitutionnel, and the Court of Justice of the European Union, are being called to address the constitutional limits of international investment law and investment dispute settlement. Similarly, investment tribunals increasingly face constitutional law arguments, and investment law scholarship promotes the use of constitutional legal analysis to step up to the challenges the field is facing as an instrument of global governance.
The 2018 Frankfurt Investment Law Workshop will explore the different facets of the increasing interaction between international investment law and constitutional law and critically analyze the opportunities and challenges this interaction creates. The Workshop will bring together academics and practitioners and provide them with a forum for open and frank exchanges.
If you are interested in attending, please contact Sabine Schimpf, Merton Centre for European Integration and International Economic Order, University of Frankfurt, E-Mail: S.Schimpf@jur.uni-frankfurt.de by 23 February 2018.
The current refugee and migration crisis, first and foremost the events during fall 2015, also has profound legal aspects. Recent state practice and academic discussions have shed new light on the status of the right to asylum and the non-refoulement principle. The principal finding is clear: There is still no generally accepted universal right to asylum. There nevertheless exists a far-reaching prohibition of extraditing, expelling, or deporting individuals to countries where they face a serious risk of mistreatment. States are not free to regulate the entry and stay of foreigners at will.
Saturday, December 9, 2017
- Hans Van Loon, At the Cross-roads of Public and Private International Law – The Hague Conference on Private International Law and Its Work
- Bimal N. Patel, Marine Environment Law and Practice of China, India, Japan and Korea
- Ernst Ulrich Petersmann, Methodological Problems in International Trade, Investment and Health Law and Adjudication
- Noam Zamir, The applicability of the Monetary Gold principle in international arbitration
- Fabio G Santacroce, Navigating the troubled waters between jurisdiction and admissibility: an analysis of which law should govern characterization of preliminary issues in international arbitration
- Asif Salahuddin, Should arbitrators be immune from liability?
- Paula Costa e Silva & Duarte G Henriques, Arbitration in swaps: the Portuguese experience
- Agnish Aditya & Siddharth Nigotia, Semantic and doctrinal restructuring of ‘arbitrability’: examining Brekoulakis’ arguments in the Indian context
- Utkarsh Srivastava, Putting the jig saw pieces together: an analysis of the arbitrability of intellectual property right disputes in India
- Recent Developments
- Liang Zhao & Lianjun Li, Incorporation of arbitration clauses into bills of lading under the PRC law and its practical implications
- Paschalis Paschalidis, Arbitral tribunals and preliminary references to the EU Court of Justice
- Jonathan D. Caverley, Slowing the Proliferation of Major Conventional Weapons: The Virtues of an Uncompetitive Market
- Janos Pasztor, The Need for Governance of Climate Geoengineering
- Roundtable: The Roles of International Law and Just War Theory
- David Luban, Just War Theory and the Laws of War as Nonidentical Twins
- Valerie Morkevičius, Looking Inward Together: Just War Thinking and Our Shared Moral Emotions
- James Turner Johnson, A Practically Informed Morality of War: Just War, International Law, and a Changing World Order
- Edward Barrett, On the Relationship Between the Ethics and the Law of War: Cyber Operations and Sublethal Harm
- Christopher J. Preston, Carbon Emissions, Stratospheric Aerosol Injection, and Unintended Harms
- Carbon Emissions, SAI, and Unintended Harms: Three Responses
- Holly Lawford-Smith, The Comparative Culpability of SAI and Ordinary Carbon Emissions
- Sikina Jinnah & Douglas Bushey, Bringing Politics into SAI
- Mike Hulme, Calculating the Incalculable: Is SAI the Lesser of Two Evils?