Anton’s Weekly Digest of International Law, Vol. 2, No. 18 (12 May 2011)

Anton’s Weekly Digest of
International Law

(email subscription available athttp://mailman.anu.edu.au/mailman/listinfo/intlawprofessors)

Vol. 2, No. 18
(12 May 2011)

A PDF VERSION OF THIS ISSUE OF THE DIGEST IS HERE

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Contents

I. SSRN Legal Scholarship Network/bepress Legal Repository/NELLCO Legal Scholarship Repository/Publishers Advances

A. New and Recent Scholarship
B. Older Items Uploaded This Week

II. Books
III. Journals
IV. Blogs/Comment/Review (select items)
V. Podcasts/Videos
VI. Gray Literature/Newsletters/Webtools
VII. Documents/Negotiations
VIII. Press Releases (select items)
IX. Media (select items)


I. SSRN Legal Scholarship Network/bepress Legal Repository/NELLCO Legal Scholarship Repository/Publishers Advances

(Abstracts in this Bulletin have been significantly edited for brevity)

A. New and Recent Research

Compliance Institutions in Treaties

Brett M. FrischmannBenjamin Cardozo School of Law
James C. HartiganUniversity of Oklahoma

Review of Law & Economics: Vol. 7: Iss. 1, Article 5

[bepress email May 10, 2011]

Due to the costs of negotiating treaties, signatories may defer the resolution of uncertainty to the future rather than include all possible states of nature in a treaty. This particularly will be the case when addressing uncertainty will increase the negotiating costs. In such a context, the existence and form of compliance institutions is of particular importance. We develop a formal model to consider the relationship among treaty negotiation, compliance institutions, and uncertainty over future states of nature. In our model, states of nature determine the costs of compliance with a treaty. We explain that when resolving uncertainty is deferred to the future and compliance costs are unobservable, an escape clause facilitates viability of a treaty. When escape is considered to be de jure compliance, and signatories are incompletely informed about one another’s compliance costs, an incentive for opportunistic breach arises. In such a context, we demonstrate that a dispute resolution mechanism that discloses compliance costs of a signatory invoking escape can deter spurious use of the clause. We incorporate uncertainty through the specification of a discrete time, continuous-state stochastic compliance function. Because many policies for which treaties are negotiated exhibit persistence in their costs of compliance, we contrast compliance cost processes with and without persistence. We explain how persistence in compliance costs that exhibit uncertainty may undermine the effectiveness of an escape clause, even with a dispute resolution mechanism. Persistence also increases the cost of negotiation by increasing the expected costs of compliance, which may result in fewer commitments, rendering the treaty less viable. We examine two options to mitigate these effects: dynamic adjustment of commitments through an institutional compliance structure specified in the treaty, and renegotiation. When an escape clause fails to preserve compliance under persistence, dynamic adjustment may be more likely, as renegotiation requires a stronger commitment to the agreement. When dynamic adjustment entails periodic scheduled reconvening of signatories, however, compliance may be undermined and disputes may be more frequent.

……

WTO Law and Risk Factors for Non-Communicable Diseases: A Complex Relationship

Tania S. Voon 
Melbourne Law School
RESEARCH HANDBOOK ON ENVIRONMENT, HEALTH AND THE WTO, Geert Van Calster, Denise Prévost, eds., Edward Elgar, 2012

[posted May 9, 2011]

This paper highlights the growing public health problem posed by non-communicable diseases (‘NCDs’) – principally cardiovascular diseases, cancers, chronic respiratory diseases and diabetes – and the crucial role of the WTO in supporting international efforts to combat that problem. Some studies blame international trade for introducing or aggravating burdens on public health such as alcoholism, tobacco addiction, and obesity, which contribute substantially to NCDs. WTO law does contain significant flexibility to enable WTO Members to implement genuine health measures. Nevertheless, certainty of outcomes under WTO dispute settlement, including predictable regulatory freedom, could be further enhanced by the generation of additional scientific evidence concerning the impact of the many available regulatory measures on the risk factors for NCDs, as well as a more holistic understanding of the complex relationship between international trade and these risk factors.

……

Comity of Errors: The Overemphasis of Plaintiff Citizenship in Foreign Sovereign Immunities Act ‘Takings Exception’ Jurisprudence

Todd Grabarsky 
Cardozo Law Review; Yeshiva University – Benjamin N. Cardozo School of Law
Cardozo Law Review, Vol. 33, 2011

[posted May 9, 2011]

The Foreign Sovereign Immunities Act exempts sovereign immunity from the subject matter jurisdiction of United States federal courts where plaintiffs sufficiently plead that the sovereign expropriated property in violation of international law. This paper examines whether there can be a “violation of international law” where the plaintiff was a citizen of the foreign sovereign expropriator at the time of the taking.

……

Empire and Extraterritoriality in 20th Century America

Kal Raustiala 
University of California, Los Angeles (UCLA) – School of Law
Southwestern Law Review, Forthcoming 
UCLA School of Law Research Paper No. 11-12

[posted May 9, 2011]

Powerful nations have long sought empires. The United States is no exception, though its imperial experience is distinctive. In this brief essay I examine the American approach to empire in the 20th century. In the early years of the century the U.S. experienced a brief burst of traditional empire-building. By the Second World War, however, American leaders for the most part foreswore traditional empire, even as the nation became a superpower with global reach and ambition. They instead pioneered a new form of political dominance, which produced many of the effects of empire in a different form. This new form of empire had several important features, but the key was that it was essentially extraterritorial in nature. Traditional empires controlled territory directly or indirectly; that control was reflected in maps that showed, for example, the territorial holdings of the British Empire in red. The postwar American empire, by contrast, projected national power outward without controlling foreign territory directly. It was predicated not on territorial control but on extraterritorial power and presence. Through military bases sited on the territories of other states, the extension of domestic statutes overseas, and a web of multilateral institutions that embedded and extended American power while creating a favorable environment for American firms, the US achieved many of the ends of empire without the form. The unusual structure of postwar order the United States created and led reflected the nation’s newfound superpower status after 1945. It was, in many respects, an “empire by invitation,” since it was welcomed by many states around the world. But it was also consistent with a wide range of constitutional concerns that had arisen in the Theodore Roosevelt and Taft administrations, largely stemming from the acquisition of the Philippine Islands from Spain. An extraterritorial empire proved more comfortable fit with our constitutional framework, and with our political interests, than traditional territorial empire.

……

First Decisions on the Admission of Evidence at ICC Trials – A Blending of Accusatorial and Inquisitorial Models?

Michele Caianiello 
University of Bologna – Department of Juridical Sciences
Journal of International Criminal Justice, Vol. 9, pp. 385-410, 2011

[posted May 9, 2011]

The aim of this article is to analyse some aspects of the law of evidence provided for by the rules applicable to proceedings before the International Criminal Court (ICC). The article will specifically address the admission provisions to ascertain whether the merging of different legal traditions may be considered successful or subject to criticism. For this purpose, in the analysis of the first decisions adopted by the ICC concerning evidence, resort will be made to the widely known accusatorial versus inquisitorial partition. The conclusion reached is that some changes in the interpretation and application of the ICC sources concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author suggests that greater space should be given to the orality principle. On the basis of the case law of the ad hoc tribunals, the author suggests the Court could consider distinguishing between acts and conduct of the defendant and other contextual aspects of the indictment, and more rigorously apply the orality principle to the former.

……

Hybrid Foreign Entities, Uncertain Domestic Categories: Treaty Interpretation Beyond Familiar Boundaries

Matias Milet 
Osler, Hoskin & Harcourt LLP; University of Toronto, Faculty of Law
Canadian Tax Journal/ Revue Fiscale Canadienne, Vol. 59, No. 1, 2011

[posted May 9, 2011]

Entities formed under foreign law that do not closely resemble entities formed under domestic law present challenges to the application of tax treaty provisions. Some of these challenges arise from uncertainty as to how to apply concepts found in domestic tax law and tax treaties to entities having legal characteristics that do not fully correspond to those of domestic entities. This article brings insights from the philosophy of language to bear upon the process of applying domestic tax concepts, such as “company,” “partnership,” “residence,” etc., to foreign hybrid entities. . . . The author suggests that certain insights from the philosophy of language provide helpful tools for understanding how tax treaty provisions can be applied in coherently addressing foreign hybrid entities within the framework of the domestic jurisdiction’s tax system. These philosophical conceptions explain the application of general linguistic categories to borderline/novel phenomena as a recognition of a “family resemblance” rather than a discovery of essential characteristics. They also can assist in thinking about whether the income, loss, or gain realized by a particular hybrid entity should be entitled to treaty relief, without in all cases first classifying the entity using domestic concepts such as “corporation” or “partnership.” . . .

……

Indicators in Crisis: Rights-Based Humanitarian Indicators in Post-Earthquake Haiti

Margaret L. Satterthwaite 
New York University (NYU) – School of Law
N.Y.U. Journal of International Law and Politics, Vol. 43, 2011
NYU School of Law, Public Law Research Paper No. 11-26

[posted May 9, 2011]

. . . Based on empirical research and focusing on the use of indicators in Haiti, this Article examines leading standards and indicators developed by professional humanitarians in the last dozen years. Integrating specific understandings of human rights, these self-regulation projects attempt to codify the “lessons learned” by the humanitarian community following a series of humanitarian failures. Using the language of management and the logics of audit, the indicators projects encapsulate the knowledge and expertise of professional humanitarians across key sectors. As such, they represent an impressive collaborative effort by a transnational network to learn lessons and evolve professional practices in an incredibly challenging environment. At the same time, the standards and indicators tend to treat the core tensions that led to their creation as technical problems, displacing rather than solving those issues. Indeed, current debates over what to measure and monitor via these indicators may be understood as symptoms of the unresolved tensions inherent in the humanitarian endeavor today. These tensions are visible in the humanitarian response in Haiti. For example, indicators-related issues concerning coverage and scope of services, the management of the dividing line between emergency relief and development work, and the role of the operational community in ensuring protection of disaster-affected communities, have been discussed as technical problems in Haiti. This Article uncovers these dynamics and suggests that a focus on the tensions elided by these technical discussions could allow humanitarians – perhaps working together with human rights advocates – to more effectively harness the power of numbers and audit but also to understand and perhaps transcend their very real limits.

……

Reasonable Pluralism and International Law

John Linarelli 
University of La Verne College of Law
105th American Society of International Law Proceedings, 2011

[posted May 9, 2011]

This is an essay for the Proceedings of the 105th Annual Meeting of the American Society of International Law. It is a very brief and tentative exploration of how to evaluate international law can be morally justified in a pluralistic world. The strategy is to look to moral forms of contractualism for assistance. Contractualism is a form of moral argument that accommodates pluralism in the form of different customs and traditions across societies. Contractualists claim that an action is wrong because it is not justifiable to others. To a contractualist, judgments about right and wrong are about what would be permitted by principles that no one could reasonably reject. “Reasonable” can take cultures and traditions into account. Placing these notions in service to institutional design, the move would be one of finding a global public reason, something like a Rawlsian overlapping consensus that no one could reasonably reject. The idea here is to develop a way of doing normative jurisprudence about international law, to evaluate the practical authority of particular rules and practices in international law from a moral standpoint.

……

The Subjective International Right

Anne Peters 
University of Basel – Faculty of Law
2011
Jahrbuch des öffentlichen Rechts der Gegenwart, Vol. 59, pp. 411-456, 2011

[posted May 9, 2011]

Subjective rights of natural persons (as opposed to objective law) manifest the dignity of the human being. Human dignity is a cornerstone of international law since the adoption of the Universal Declaration of Human Rights in 1948. So the guarantee of (subjective) rights is an important element of the current international legal order. The objective of this paper is to demonstrate that international law as it stands acknowledges the idea of international subjective rights, to explain this idea in doctrinal terms, to conceptualise the subjective international right theoretically, and finally justify this legal construct normatively. In the past decades, individuals have been awarded more and more international rights and obligations, notably outside the field of human rights. Additionally, the international human right to legal personality (Art. 6 UDHR, Art. 16 CCPR) is being progressively interpreted as embodying a human right to international legal personality. It is submitted that both legal trends, taken together, do not merely constitute a quantitative evolution, but have brought about a qualitative shift. The legal status of human beings is no longer merely derived from states, but is a foundational status in itself. Human beings have become “original” international legal subjects in a doctrinal sense. This novel construction has concrete legal consequences, notably with a view to access to justice, both on the domestic and on the international plane. Overall, the conceptualisation of a subjective international right symbolises the new international legal status of the human being, and is a doctrinal building-block of the so-called “humanisation” of international law.

……

The Economics of Informal International Law – An Empirical Assessment

Stefan Voigt 
Institute of Law & Economics; CESifo (Center for Economic Studies and Ifo Institute for Economic Research)
May 8, 2011

[posted May 9, 2011]

Theory about the relevance of soft law abounds; empirical research on the topic does not. This study begins to even out this imbalance by not only developing a number of conjectures based on institutional economics, but also by testing them empirically. Based on all 2,289 soft laws concluded by the United States between 1981 and 2010, I find the following. (1) the number of international agreements increased dramatically between the mid 1990s until around 2006; since then, however, their use has declined almost as dramatically. (2) Around two-thirds of all international agreements concern only three policy areas: the military, science and technology, and aid. (3) More than 90% of all iinternational agreements are conducted bilaterally. (4) Some 40 percent of these agreements are concluded by a non-traditional actor on the U.S. side, i.e., an actor other than the President of the secretary of state.

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Who is the Referee? Access to Justice in a Globalised Legal Order: A Case Analysis of ECJ Judgment C-240/09 Lesoochranárske Zoskupenie of 8 March 2011

Jan H. Jans 
University of Groningen – Department of Administrative Law and Public Administration, Faculty of Law
May 7, 2011

[posted May 8, 2011]

In the 2010/2 issue of REALaw Jane Reichel – in her analysis of the preliminary judgment given by the Court of Justice in the Djurgården-Lilla Värtan case – illustrated that, in particular in the area of environmental law, judicial control in a globalised legal order is a rather complex theme. On the basis of this judgment it seemed that it is to the ECJ to decide whether national conditions regulating access to justice are compatible with both the Aarhus Convention and EU law. The judgment in Case C-240/09 Lesoochranárske zoskupenie, illustrates once more that a straight answer to a simple question “who has the right to access to justice” is not always possible. Also Lesoochranárske zoskupenie shows that even the question “who decides who has access to justice” in environmental matters is a difficult one.

Review of C.P.R. Romano’s Edited Volume, the United States and International Courts and Tribunals

David J. Bederman 
Emory University School of Law
April 25, 2011

[posted May 7, 2011]

This is a review of C.P.R. Romano’s edited volume, The United States and International Courts and Tribunals (published in 2009).

……

Corporations and the Uses of Law: International Investment Arbitration as a ‘Multilateral Legal Order’

Peter Muchlinski 
University of London – School of Oriental and African Studies (SOAS)
Oñati Socio-Legal Series, Vol. 1, No. 4, 2011

[posted May 7, 2011]

This paper seeks to examine the claim, made by certain legal scholars, that international investment law, though based mainly on Bilateral Investment Treaties (BITs) is in fact a multilateral order that introduces principles of an emergent “global administrative law” into the regulation of state conduct in relation to foreign investors and their investments. Such scholars argue that this order develops through the decisions of investor-State arbitral tribunals which are creating a harmonised understanding of the meaning of BIT provisions and an institutional system of adjudication that furthers the development of global administrative principles. Through a critical examination of this approach the paper argues that this field is not a multilateral order but an unstructured process of privatised legal entrepreneurship which seeks to further a professional interest in developing an extensive, investor friendly, regime of BITs. Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action. The argument is made both on a theoretical level and by a review of a specific issue in international investment law, namely, the development of wider types of claims and the rise of so-called “treaty shopping” by means of corporate group structuring. In particular the multi-jurisdictional location of various affiliates in a multinational enterprise creates a network of potential claimants in investor state disputes, giving rise to the risk of multiple claims, while the possibility of setting up affiliates in various jurisdictions creates opportunities for “treaty shopping”. “Treaty shopping” involves the enterprise locating an affiliate in a jurisdiction that has signed an investment protection treaty with the host country, allowing various affiliates and/or the parent in a group enterprise to benefit from treaty protection even though they possess the nationality of a state that has no such agreement with the host. In addition “treaty shopping” can be practiced by claimants possessing the nationality of the host country itself by way of the incorporation of a “shell company” in a country that has an investment protection agreement with the host country. It is argued that interpretations of treaty provisions in this area lack real legitimacy and create unacceptable procedural burdens on the host country.

……

Information Warfare and Civilian Populations: How the Law of War Addresses a Fear of the Unknown

Lucian E. Dervan 
Southern Illinois University School of Law
Goettingen Journal of International Law, Vol. 3, No. 1, p. 373, 2011

[posted May 7, 2011]

Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the same true if we are unsure of the collateral consequences of the computer network attack on a large civilian population that also relies on this communications system? For instance, because civilians use the same communications system to gather critical information, disabling the system might result in rioting, civil disorder, serious injuries, and deaths. Further, civilians may be unable to call for help, seek out medical assistance, or locate emergency response centers. Given these unknown yet potentially severe collateral consequences to civilians, it becomes less clear that a proportionality analysis under the law of war would favor the computer network attack over the traditional kinetic operation. In this article, Professor Lucian E. Dervan examines the application of the law of war to information operations and analyses the role of the Geneva Convention’s utilitarian goals in determining the validity of computer network attacks against dual-use civilian objectives.

……

Legitimacy and Reflexivity in International Investment Arbitration: A New Self-Restraint?

David Schneiderman 
University of Toronto – Faculty of Law
Oñati Socio-Legal Series, Vol. 1, No. 4, 2011

[posted May 7, 2011]

There are at least two views within investment arbitration about how to respond to legitimation problems associated with inconsistent rulings, latitudinal interpretations, and arbitral bias and conflicts of interest. Some prefer to keep the regime on course and not respond to these outside perturbations. Others prefer to take into account external influences, such as human rights and environmental commitments, in the course of investment treaty interpretation. Both understand that, whatever the response, these questions will be determined by lawyers, scholars, and arbitrators operating within the system of international investment law and not by actors operating outside of it. Both views, in other words, are congenial to systems-theoretic accounts. As articulated by Teubner, there is a proliferation of functional legal sub-systems, developing autonomously of states, each of which, in the course of maximizing internal rationality, potentially is on a collision course with other operative sub-systems. These can only be forestalled if sub-systems act reflexively by devising strategies of self-limitation that selectively internalize objections emanating from external spheres. As this maps on to self-understandings of actors operating within investment arbitration, this paper takes up systems theory as a heuristic for assessing the regime’s responsiveness to outside influences. In order to take stock of the degree of reflexivity, the paper examines the direction investment law is taking in a few key areas: first, in the shift in emphasis away from expropriations (the ‘takings rule’) to the fair and equitable treatment standard, which is performing similar functions; second, in the attempt to merge global standards by embracing World Trade Organization Appellate Body decision making; and third, the hesitant embrace of proportionality doctrine as a means of weighing public interests into the equation. These moments of reflexivity turn out to be modest in reach and so unlikely to calm objections emanating from states and social movements. What likely will be necessary is intervention into and steering by states of the regime, an intervention that is anathematic to Teubner’s system-theoretic account.

……

Emerging National Climate Legislation in EU Member States: In Search of Proper Legislative Approaches

Marjan Peeters 
Maastricht University – METRO Institute
Nicolien Van der Grijp 
VU University Amsterdam
May 3, 2011
Maastricht Faculty of Law Working Paper No. 2011-6

[posted May 4, 2011]

This article discusses the development of national climate legislation in EU Member States, taking the UK and France as particular case studies. The authors presuppose that the question how national climate legislation should look like and what its content should be cannot be answered with providing only one model: much will depend on the national legal system, the structure of the state, the national legal culture and other particular circumstances of a certain country. There is however a common feature for the national governments in the EU, which is the international obligation to provide climate programmes, based on the UNFCCC and the Kyoto Protocol. Next to that, these national governments need to comply with the particular obligation of the Aarhus Convention to provide public participation to such programmes. Moreover, national governments should develop a policy about how to distribute the national room for emissions for the non EU ETS sector (following the EU effort sharing decision). This could lead to the adoption of a national “emission distribution plan.” Next to these theoretical observations, the article explores what the current legislative practice is in the UK and in France. It is analyzed that, in essence, the UK takes primarily a sharply focused top-down approach, with a Climate and Energy Ministry and a Climate Change Act with emission budgets, while France follows a more holistic approach aiming at sustainable development, combined with bottom up approaches like the obligation for decentralized governments to develop programmes aiming at climate mitigation and adaptation, energy and air pollution. The article concludes that there is a need for the national governments of EU Member States to consider how to build a legislative framework for the adoption of climate programmes or plans, together with the need to consider whether the adoption of a national emission distribution plan would be valuable.

……

Law of the Land, Law of the Sea: The Lost Link Between Customary International Law and The General Maritime Law

David J. Bederman 
Emory University School of Law
April 25, 2011
Virginia Journal of International Law, Vol. 51, No. 2, 2011

[posted May 8, 2011]

This Article proposes a different way of thinking about the question of whether customary international law is the “law of the land.” It looks back to the nineteenth century and to the once-parallel treatment of customary international law and general maritime law, finding that the two were linked closely by the end of the century. But, in the twentieth century, their treatment diverged dramatically as Supreme Court decisions “constitutionalized” the general maritime law and did not do the same for customary international law. General maritime law is supreme under Article VI of the Constitution and preempts contrary state law, but it does not automatically allow matters arising under it to be characterized as federal questions. This Article proposes that customary international law be re-linked to general maritime law and share both its status as “law of the land” and its implied preemption of state law.

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The U.S. Practice of Collateral Damage Estimation and Mitigation

Gregory S. McNeal 
Pepperdine University School of Law
April 22, 2011

[posted May 6, 2011]

This paper explains how the U.S. military estimates and mitigates the impact of conventional weapons on collateral persons and objects in most military operations involving air-to-surface weapons and artillery. It is the descriptive part of a larger work discussing the normative implications of U.S. targeting practices. . . .

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Two Potential Paths Forward from Fragmentation Discourse: Sociology and Ethics

Sahib Singh 
University of Vienna, Faculty of Law
Proceedings of 105th American Society of International Law Conference, 2011

[posted May 6, 2011]

This was an extremely short paper prepared for the American Society of International Law Conference 2011. It addresses three points: (1) the emergence of uncertainty in the utopian systemic ideals for international law – that we have seen form in the fragmentation discourse; (2) the value of sociological inquiry into tribunalisation: treating fragmentation for what it is: far more than an issue concerned with norms; and (3) the value of ethical inquiry: re-examining the role of international lawyers in light of arguable professional fragmentation.

……

Where is Asia? When is Asia? Theorizing Comparative Law and International Law

Teemu Ruskola 
Emory University School of Law
April 5, 2011
UC Davis Law Review, Vol. 44, No. 102, 2011

[posted May 8, 2011]

Ever since Henry Luce pronounced the twentieth century an American one, numerous critical observers have predicted that Asia will preside over the twenty-first one. Yet even today, that prediction still confronts us as a question: “Asian Century?” In this Essay, I approach the question by disaggregating the way it conflates space and time. I ask, separately, “Where is Asia?” and “When is Asia?” I seek to answer the first question in terms of cultural geography and the second one in terms of historiography. Effectively, I suggest that the “problem” of Asia is an pistemological one. I also consider what it means for comparative lawyers and international lawyers to take that problem seriously. I so do by using the so-called “Asian Values” debate as a point of entry to consider the methodological relationship between comparative and international law as disciplines. Both the Asian Values debate and the two legal disciplines are structured around a dialectic opposition between universal and particular values. Rather than positing preconstituted objects of legal knowledge and seeking to classify them as either universal or particular, I urge that we examine the worldview that gives rise to such binaries and makes them intelligible: How do the entities we analyze come to be seen as distinctive and oppositional to each other in the first place? Focusing on Chinese law, I consider an approach that is neither Eurocentric nor Sinocentric but de-centers both axes of comparison.

……

The Transnational Illegal Market of Trafficking in Human Beings – Actors and Discourses: A Transatlantic Comparison

Jürgen Nautz 
University of Vienna
Euridice Marquez 
University of Vienna
April 5, 2011

[posted May 7, 2011]

The paper analyses the development of trafficking in human beings (THB) as an economic crime and as a severe violation of human rights by focusing on the different actors’ involved in counter-trafficking efforts. The paper outlines how the crime evolved in Austria, Germany and the United States of America (USA) since the 19th century until present. . . .

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Torture in the Eyes of the Beholder: The Psychological Difficulty of Defining Torture in Law and Policy

Mary-Hunter McDonnell 
Northwestern University – Kellogg School of Management; Northwestern University School of Law
Loran Nordgren 
Northwestern University – Department of Management & Organizations
George Loewenstein 
Carnegie Mellon University – Department of Social and Decision Sciences
Vanderbilt Journal of Transnational Law, Vol. 44, No. 1, 2011

[posted May 6, 2011]

This Article draws upon recent social psychological research to demonstrate the psychological difficulty in distinguishing between torture and enhanced interrogation. We critique the accuracy of evaluations made under the current torture standard using two constructs – reliability and validity – that are employed to assess the quality of a construct or metric in the social sciences. We argue that evaluations of interrogation tactics using the current standard are both unreliable and invalid. We first argue that the torture standard is unreliable because of the marked variation in the manner in which different jurisdictions interpret and employ the torture prohibition. Next, we draw on recent social psychological research to demonstrate the standard’s invalidity. We identify the existence of two separate systematic psychological biases that impede objective application of the torture standard. First, the self-serving bias – a bias that motivates evaluators to interpret facts or rules in a way that suits their interests – leads administrators to promote more narrow interpretations of torture when faced with a perceived threat to their nations’ security. Thus, the threshold for torture is tendentiously raised during exactly the periods of time when torture is most likely to be used. Second, our own research on the hot-cold empathy gap suggests that an assessment of an interrogation tactic’s severity is influenced by the momentary visceral state of the evaluator. People who are not currently experiencing a visceral state – such as pain, hunger, or fear – tend to systematically underestimate the severity of the visceral state. We argue that, because the people who evaluate interrogation tactics are unlikely to be experiencing an extreme visceral state when making their evaluations, the hot-cold empathy gap results in systematic underestimation of the severity of tactics. The hot-cold empathy gap leads to the application of an under-inclusive conception of “torture” in domestic interrogation policy and international torture law.

……

Due Diligence Mania

Menno T. Kamminga 
Maastricht University – Faculty of Law
May 4, 2011
Maastricht Faculty of Law Working Paper No. 2011/07

[posted May 5, 2011]

This paper argues that the current popularity in some circles of due diligence as a yardstick to determine whether states have complied with their obligation to prevent and punish violations of women’s rights is difficult to understand. The standard of positive obligations relied on by the European Court of Human Rights is clearly to be preferred.

Enforcing the Rights to Life and Healthy Environment Under International Climate Regime

Saheed A. Alabi 
University of Strathclyde Law School, Glasgow
May 26, 2011

[posted May 4, 2011]

[T]he aim of this paper is to establish linkages between climate change and other international regimes so as to determine if climate obligations can be enforced through the regimes. In so doing, the paper aims to propose that climate litigation may reshape global responses to climate change from the perspective of human rights enforcement. Whilst it is a fundamental human right to have right to life which most countries have enshrined in their domestic constitutions, it is therefore inevitable that a healthy environment must be secured. Nevertheless, this paper makes a case purview for international climate policies which address the ageing population of the older population in the absence of health policies under the climate regime. Apart from identifying that climate litigation through human rights may reshape global responses to adverse effects of climate change on ageing population; it aims to provide the fora to achieve such feats.

……

Emerging National Climate Legislation in EU Member States: In Search of Proper Legislative Approaches

Marjan Peeters 
Maastricht University – METRO Institute
Nicolien Van der Grijp 
VU University Amsterdam
May 3, 2011
Maastricht Faculty of Law Working Paper No. 2011-6

[posted May 4, 2011]

This article discusses the development of national climate legislation in EU Member States, taking the UK and France as particular case studies. The authors presuppose that the question how national climate legislation should look like and what its content should be cannot be answered with providing only one model: much will depend on the national legal system, the structure of the state, the national legal culture and other particular circumstances of a certain country. There is however a common feature for the national governments in the EU, which is the international obligation to provide climate programmes, based on the UNFCCC and the Kyoto Protocol. Next to that, these national governments need to comply with the particular obligation of the Aarhus Convention to provide public participation to such programmes. Moreover, national governments should develop a policy about how to distribute the national room for emissions for the non EU ETS sector (following the EU effort sharing decision). This could lead to the adoption of a national “emission distribution plan.” Next to these theoretical observations, the article explores what the current legislative practice is in the UK and in France. It is analyzed that, in essence, the UK takes primarily a sharply focused top-down approach, with a Climate and Energy Ministry and a Climate Change Act with emission budgets, while France follows a more holistic approach aiming at sustainable development, combined with bottom up approaches like the obligation for decentralized governments to develop programmes aiming at climate mitigation and adaptation, energy and air pollution. The article concludes that there is a need for the national governments of EU Member States to consider how to build a legislative framework for the adoption of climate programmes or plans, together with the need to consider whether the adoption of a national emission distribution plan would be valuable.

……

Rule Selection in the Case of Israel’s Naval Blockade of Gaza: Law of Naval Warfare or Law of the Sea?

James Kraska 
U.S. Naval War College; Foreign Policy Research Institute (FPRI); Woods Hole Oceanographic Institution – Marine Policy Center; International Institute for Humanitarian Law; Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)
Yearbook of International Humanitarian Law, Forthcoming

[posted May 4, 2011]

The Israeli Navy enforcement of a blockade against Gaza, and the interdiction of the Mavi Marmara on 31 May 2010, raises the issue of whether or how the law of naval warfare applies in the struggle between Israel and Gaza. The law of blockade arose originally as a feature of international armed conflicts (IACs). If the Gaza conflict constitutes IAC, then the law of blockade applies. If, however, the Gaza conflict constitutes a non-international armed conflict (NIAC), the application of the law of blockade is less clear. While blockade originated as a legal concept in IAC, usage, state practice and opinio juris have caused it to migrate into NIAC. The analogy of the American Civil War offers clues for solving this riddle. The US experience suggests that if Gaza were regarded as a sovereign state, then a state of war – IAC – would exist between Israel and Gaza. In such case, there is no doubt that the imposition of blockade is lawful. But this determination places Israel in the same dilemma experienced by the Union during the Civil War. If Israel avails itself of the right to blockade Hamas, is it also willing to grant Hamas lawful belligerent status? If the law of blockade does not apply in the case of the Israeli armed struggle with Gaza because Gaza is not a ‘state’, then this determination produces the absurd result that a nation may defend itself using a lawful instrument recognized by the law of armed conflict in fighting another state, but must voluntarily forgo the option if confronted with an equally powerful entity that does not meet the legal definition. Consequently, the law of blockade applies in the case of Gaza because there is no other rule set that appropriately balances the interests of the belligerents and neutrals.

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Are Institutions and Empiricism Enough? A Review of Allen Buchanan, Human Rights, Legitimacy, and the Use of Force

Matthew J. Lister 
University of Pennsylvania Law School
Transnational Legal Theory, Forthcoming
U of Penn Law School Public Law Research Paper No. 11-18

[posted May 3, 2011]

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanans new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to Buchanan’s argument that the philosophy of international law must be more “empirically informed” than it has been so far, and also to his claim that greater emphasis must be placed on the role of institutions. While these are important claims, I show that Buchanan often does not take the first far enough, and that appealing to institutions cannot do as much as Buchanan hopes or needs if his substantive conclusions are to be correct.

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Bio-Piracy: A Threat to Herbal Medicine Industry

Tabrez Ahmad 
KIIT University – KIIT Law School
‘Trade Barriers on Medicinal Plants Industry’ – Issues & Challenges Workshop, Medicinal Plant Board, India, 2011

[posted May 2, 2011]

. . . The Indian Herbal and medicinal products industry has a huge potential to be one of the leaders in earning foreign revenues for the country but currently it holds only a very negligible share in total herbal exports of the world. Biopiracy, or the stealing of genetic material and knowledge from communities in the biodiversity-rich developing countries is an exploding issue in the world. Studies have been reported in the past showing more than 40% of Western pharmaceutical products contain Asian plant extracts. But these Asian countries, including the local communities and tribes, earned nothing in return. The herbal and medicinal products face a severe challenge of Bio-piracy on traditional herbal and medicinal products as it threatens to act as a trade barrier to the export of herbal and medicinal products. Advocates of traditional-knowledge protections want nations to share in the financial rewards of patented products based on native plants and animals, but creating a system that could award compensation and resolve disputes presents a mind-boggling challenge. Who gets the rights? How do they manage it? How do they maintain it? How long does it last and from which starting point. These are only a few of the questions that have yet to be answered, There is a widespread consensus that this is an issue that should be addressed, but the world has not agreed on how to approach this problem. The authors will try to explain the major impacts of the Bio-piracy and also bring forth the necessary recommendations to handle the problem of Bio-piracy.

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Compatibility between Anti-Terrorism Legislation and Shari‛a

Muhammad Munir 
International Islamic University Islamabad (IIUI)
May 1, 2011

[posted May 2, 2011]

This work argues that acts of terror carried out by non-state Islamic actors and other terrorist groups are against the Qur’an, the Sunna of the Prohet, the conduct of rightly guided Caliphs and companions of the Prophet, the ijma‛ (consensus) of mujtahideen, against any logic and against the obligations of a Muslim state. Moreover, acts of terror which include the declaration of war, conduct of war, committing acts of perfidy and treachery, killing of civilians and prisoners of war, destroying civilian properties, suicide attacks, mutilating of bodies, terrifying citizens, killing of diplomats and foreigners and so on are strictly prohibited in Islam. It is argued that the crime of terrorism is worse than hudud or taz‘ir crimes under Islamic law. Domestic legislation in Muslim countries may put terrorism either under ta‛zir or syasa because of the political nature of the crime.

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Acquiescence, Objection and the Death of Customary International Law

David J. Bederman 
Emory University School of Law
April 25, 2011
Duke Journal of Comparative & International Law, Vol. 21, No. 31, 2010

[posted May 8, 2011]

This piece, which appeared in a colloquium commenting on Curtis Bradley & Mitu Gulati, Withdrawing from International Custom, 120 Yale L.J. 202 (2010), focuses on whether customary international law (CIL) norms can ever be supplanted. This essay examines the phenomenon of persistent objection in the formation of CIL rules, as well as the potential for such norms to enter desuetude or to be affirmatively altered. The essay offers a coherent theory for CIL formation and dissolution, consistent with the underlying dynamism and legitimacy of this source for international legal obligation. Parts of this essay appeared in the author’s recent volume, CUSTOM AS A SOURCE OF LAW (Cambridge University Press 2010).

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Flexible Arbitration for the Developing World: Piero Foresti and the Future of Bilateral Investment Treaties in the Global South

Andrew Friedman 
affiliation not provided to SSRN
Brigham Young International Law and Management Review, Vol. 7 , No. 37, 2011

[posted April 25, 2011]

The recent arbitration of Piero Foresti et al v. Republic of South Africa opened several questions that will no doubt have tremendous implications going forward in the world of international investment. It concerned the rights of investors weighed against the right of a host state to pass legislation in an effort to remedy past discrimination. The paper suggests a flexible method for review of such cases in an effort to allow host states to fulfill internationally recognized goals such as remedying past discrimination and marginalization.

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The Conduct of the Prophet in War with Special Reference to Prohibited Acts

Muhammad Munir 
International Islamic University Islamabad (IIUI)
April 17, 2011

[posted April 22, 2011]

This work argues that Islam introduced far reaching reforms to warfare. Burning and drowning the enemy to death was prohibited. Destroying buildings, cutting down trees, committing perfidy, breaching the trust of the enemy, the killing of women, children, servants, old, infirm, sick, wounded, priests, peasants, prisoners of war and envoys was strictly prohibited. Islam prohibited the destruction of harvest, livestock and forests. Looting, plundering and corruption from the war booty and indiscipline were prohibited. Mutilation of bodies was strictly condemned. Genocide and war crimes are strictly prohibited in Islamic law.

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Where is Asia? When is Asia? Theorizing Comparative Law and International Law

Teemu Ruskola 
Emory University School of Law
April 5, 2011
UC Davis Law Review, Vol. 44, No. 102, 2011

[posted May 8, 2011]

Ever since Henry Luce pronounced the twentieth century an American one, numerous critical observers have predicted that Asia will preside over the twenty-first one. Yet even today, that prediction still confronts us as a question: “Asian Century?” In this Essay, I approach the question by disaggregating the way it conflates space and time. I ask, separately, “Where is Asia?” and “When is Asia?” I seek to answer the first question in terms of cultural geography and the second one in terms of historiography. Effectively, I suggest that the “problem” of Asia is an pistemological one. I also consider what it means for comparative lawyers and international lawyers to take that problem seriously. I so do by using the so-called “Asian Values” debate as a point of entry to consider the methodological relationship between comparative and international law as disciplines. Both the Asian Values debate and the two legal disciplines are structured around a dialectic opposition between universal and particular values. Rather than positing preconstituted objects of legal knowledge and seeking to classify them as either universal or particular, I urge that we examine the worldview that gives rise to such binaries and makes them intelligible: How do the entities we analyze come to be seen as distinctive and oppositional to each other in the first place? Focusing on Chinese law, I consider an approach that is neither Eurocentric nor Sinocentric but de-centers both axes of comparison.

B. Pre-2011 Items Posted This Week

Freakonomics of Maritime Piracy

James Kraska 
U.S. Naval War College; Foreign Policy Research Institute (FPRI); Woods Hole Oceanographic Institution – Marine Policy Center; International Institute for Humanitarian Law; Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)
Brown Journal of World Affairs, Vol. 16, No. 2, p. 109, Summer 2010

[posted May 4, 2011]

People respond to incentives, which are the cornerstone of modern life. In his best-selling book Freakonomics, economist Steven Levitt suggests that if we strip away a layer or two from contemporary society, we can expose what is happening underneath and examine the incentive structures that shape the social order. On a host of issues, from the behavior of school teachers to sumo wrestlers, to the demise of the Ku Klux Klan, Levitt demonstrates how the conventional wisdom is often wrong. Levitt calls this the “hidden side of everything.” Incentives are often at the center of explaining what is really going on. Freakonomics is simply economics portrayed in a way that encourages us to think about how people respond to inducements. In a variety of open as well as illicit markets, human conduct is shaped by economic incentives that may be monetized. In the maritime domain, we can think about incentives to harvest some fresh and rather interesting observations that illuminate how markets – both traditional, but distorted (such as Somali pirates entering the high-end real estate market in Kenya), and non-traditional, but efficient (such as the wage rates for those Somali pirates) – affect shippers, carriers, and seafarers engaged in the business of international shipping. Leveraging Levitt’s non-traditional approach to economics gives rise to several underappreciated – sometimes even “freakish” – dimensions of maritime piracy and its relationship with international shipping. First, this article looks briefly at the shipping industry and the economics of the “Great Recession” of merchant carriers. From boom to bust, the effects of economic swings are more acute for the merchant shipping industry than they are for other sectors of the economy. The article then examines the political economy of Somali piracy, and how the danger to shipping in the Gulf of Aden and the western Indian Ocean is affecting the shipping industry, the tribal society of the semi-autonomous Puntland region of Somalia, and neighboring Kenya.

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International Technology Transfer for Climate Policy

David Popp 
Syracuse University – Department of Public Administration; National Bureau of Economic Research (NBER)
October 1, 2010

[posted April 26, 2011]

While the developed world is starting to limit emissions of greenhouse gases, emissions from the developing world are increasing as a result of economic growth. Reducing these emissions while still enabling developing countries to grow requires the use of new technologies. In most cases, these technologies are first created in high-income countries. Thus, the challenge for climate policy is to encourage the transfer of these climate-friendly technologies to the developing world. This policy brief reviews the economic literature on environmental technology transfer. It then discusses the implications of this literature for climate policy, focusing on the Clean Development Mechanism (CDM) of the Kyoto Protocol. It concludes by asking whether the current structure of the CDM provides sufficient incentives for technology transfer. Are CDM projects providing real emissions reductions, or are developed countries simply receiving credit for reductions that developing countries could have achieved on their own? What lessons can we learn from recent experience that may guide the development of the CDM (or other similar policy tools) during the next round of international climate policy negotiations?

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Internationalisation of Labour Law: The Australian Experience

Cameron Roles 
Australian National University (ANU) – College of Law
Michael Coper 
Australian National University (ANU) – College of Law
International Association of Law Schools (IALS) Conference, University of Milan, Italy, May 2010

[posted April 12, 2011]

The nation of Australia came into existence in 1901, when six former British colonies came together under the Australian Constitution to form a federal system, in which the national body, the ‘Commonwealth of Australia’, was to have legislative power over matters of national importance, and the former colonies, now ‘states’ in the federal system, were to have legislative power over local matters. But which matters were national and which were local? The framers of the Constitution drew up a list of national matters. The states were not limited by a list, but if the Commonwealth of Australia legislated validly on a matter within its national list, that legislation prevailed over any inconsistent state legislation. The matters thought to be national in character in 1901 were fairly limited – notable amongst them being defence and international trade – but in many instances were expressed generically enough to pick up developments unimagined in 1901 (for example, aviation). Yet the constitutional scheme was a recipe for disputation, with the High Court of Australia frequently called in to decide the precise ambit of the Commonwealth’s powers, as the steady growth in the 20th century of trade, transport, communications, technology, and economic integration generally, put pressue on more and more matters previously thought to be local to be seen as having national and international significance.

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Trans-Boundaries Water Management in Venezuela

Juan Carlos Sainz-Borgo 
UN Mandate University for Peace (UPEACE) – Department of International Law and Human Rights; Instituto de Derecho Publico
March 1, 2010

[posted May 10, 2011]

This article will address the management of the Venezuela’s transboundary basins with Colombia, Brazil and Guyana, from a legal perspective, taking into account its historical process, the treaties signed and developments gained over the years in the various basins

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Patents for Human Genes and Methods of Analysis and Comparison

Justine Pila 
University of Oxford – Faculty of Law
Law Quarterly Review, Vol. 126, 2010 
Oxford Legal Studies Research Paper No. 41/2010

[posted May 10, 2011]

In AMP v USPTO, a US District Court held that isolated human cancer genes are “products of nature”, and methods of analysis and comparison abstract mental processes, for which a US patent cannot validly be granted. Its decision undermined US patent granting practices, and widens the gap between US and European law on what constitutes inherently patentable subject matter (inventions), as well as proportionate patent grants. It did so at a time when the scope of protection for DNA sequences is the focus of European attention, along with inherent patentability itself, following the decisions in Monsanto (ECJ) and G_3/08 (EBA). Here I consider AMP from the perspective of European law, which has long supported patents for isolated genes, and methods of comparison and analysis, consistent with an expansive understanding of the invention. A central issue in this regard is how isolated genes are properly conceived as inventions. According to Sweet DJ in AMP, a DNA sequence is a physical embodiment of information, fundamentally different from other chemical products. However, while this may be a scientifically accurate conception, it is not necessarily appropriate for patent law. In my suggestion there is a more appropriate conception informed by a different understanding of the invention itself. Nonetheless, it is argued that Sweet DJ’s analysis is preferable to that of the EPO, and that the central significance of AMP for European law lies in the encouragement it offers to the EPO (in combination with Monsanto) to formulate a more meaningful definition of the invention than currently exists.

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Broken Taillight at Sea: The Peacetime International Law of Visit, Board, Search, and Seizure

James Kraska 
U.S. Naval War College; Foreign Policy Research Institute (FPRI); Woods Hole Oceanographic Institution – Marine Policy Center; International Institute for Humanitarian Law; Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)
Ocean and Coastal Law Journal, Vol. 16, pp. 1-45, 2010

[posted May 9, 2011]

The interception and boarding of a ship during peacetime involves the physical act of intercepting a vessel, which may include approaching and querying the ship (approach and possibly visit), stopping the vessel, sending a boarding team onto the ship (board), conducting an inspection or search of the ship and its cargo (search), and potentially apprehending persons on board and confiscating the ship or cargo (seizure). Maritime interception against suspect vessels may be conducted in consensual, permissive, or non-permissive environments, and in a wide variety of circumstances. Consequently, legal analysis for MIO and VBSS can become complex because it involves addressing two questions of mixed fact and law.

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The Systemic Challenge of Corporate Investor Nationality in an Era of Multinational Business

Robin F. Hansen 
University of Saskatchewan – College of Law
Revue d’arbitrage et de Médiation/Journal of Arbitration and Mediation, Vol. 1, No. 1, pp. 81-115, 2010

[posted May 9, 2011]

This Article examines the attribution of corporate nationality in investment treaties, particularly in the context of multinational enterprises. It traces the treatment of corporate investor nationality seen in various arbitral awards issued pursuant to international investment agreements as well as in broader public international law. The author argues that use of place of incorporation alone to determine nationality is an outdated approach given the current role of multinational enterprises in world economy. Exclusive use of this test, which disregards factors such as foreign corporate control, or lack of economic presence, allows investment treaties to serve as portals for corporate investors with nationalities of convenience. This result should either be acknowledged by states as a deliberate policy initiative, or nationality definitions should be altered and made more comprehensive in order to address this phenomenon. A downside of the use of place of incorporation alone to determine nationality in investment treaties is the risk of parallel proceedings and double recovery as well as the risk of claims by de facto local investors. Use of place of incorporation alone to determine nationality renders expansive states’ prior consent to arbitrate, and investors’ standing to launch claims. Neither denial of benefits clauses, nor arbitrators’ application of the doctrine of abuse of right, are sufficient in themselves to narrow the wide scope of states’ prior consent or investors’ standing to arbitrate which is established by use of place of incorporation alone as nationality test.

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Dos Contextos de Intervención de la Sociedad Civil: A Propósito de su Participación en la Toma de Decisiones Ambientales (Two Contexts of Civil Society Intervention in Relation its Participation in Environmental Decision-Making)

Margarita Marín Aranguren 
Universidad Externado
Revista Opera, No. 9, 2009

[posted May 10, 2011]

Cercanos a la Conferencia de Copenhague, donde debe producirse un acuerdo multilateral que aborde el cambio climático, se hace imprescindible volver la mirada a la sociedad civil que tanto en el ámbito internacional como en el nacional se intenta dejar de lado a la hora de tomar decisiones ambientales. Al estudiar a este actor social y político cabe pregunstarse ¿hasta ahora las organizaciones de la sociedad civil han tenido juego en el ciclo de las políticas públicas ambientales? Y si es así, ¿cómo interactúan en cada una de las fases? Luego, se precisa comparar los comportamientos en el ámbito internacional y en el local para hallar diferencias y similitudes. En este artículo, se analiza la incidencia de las organizaciones de la sociedad civil global y de la sociedad civil colombiana, para el caso local. Finalmente, se muestra la intervención de este agente en el ciclo de polítical pública ambiental, y se concluye que hay asimetrías. No obstante, pueden señalarse logros en uno y otro ámbito y en ambos casos redundan en impactos ambientales positivos para la humanidad, en tanto que las acciones locales tienen repercusiones globales.

As we approach the Copenhagen Conference, where we expect a new multilateral agreement on climate change to take place, it becomes essential to take civil society into account, rather than pushing it aside as a non-actor for decisions on the environment at the national or international leves. However, analysis of civil society as an actor in this realm allows us to ask the following question: Have civil society organizations taken part in the decision-making processes dealing with the environment? If so, how has it interacted in each phase? In this article we compare civil society behaviour in decision-making at both the international and local level, and point to similarities and differences. In particular, we study the impact of international and Colombian civil society organizations in the formulation of environmental policy, and find large asymmetries. Nevertheless, we discover civil society achievements in some arenas and show examples of its positive intervention as local actors favouring decisions with large environmental impacts.

OING y Derechos Humanos en Colombia: Un Golpe Ineludible y Vigoroso de la Sociedad Civil (International NGOs and Human Rights in Colombia: A Vigorous and Unavoidable Blow of Civil Society)

Margarita Marín Aranguren 
Universidad Externado
Colombia Internacional, No. 69, Enero-Junio 2009

[posted May 10, 2011]

Al reconocer que en el país hay una escasa literatura respecto a la sociadad civil en general, y a las organizaciones no gubernamentales (ONG) en particular, en este artículo se plantean interrogantes como: ¿qué papel juegan las organizaciones internacionales no gubernamentales de derechos humanos en Colombia? y ¿de qué herramientas se valen? Luego de un par de reflexiones referidas a los derechos humanos en términos de: 1) el ámbito legal internacional, 2) el mandato de aplicación y 3) el activismo que despliegan estas organizaciones, en este artículo se concluye que las OING en Colombia adelantan una intensa acción pública, en redes, que las distingue más que como activistas como agentes con carácter. Un doble movimiento en sus repertorios les permite ser asertivas tanto en el ámbito nacional como en el internacional. Censuran, cuando se vulneran los derechos; cuando no hay legislación nacional, recurren a la normatividad internacional para que se castiguen las infracciones y siempre presionan para salvar vidas.

Upon recognizing that there is a scarcity regarding the literature in the country on the civil society in general and the non-governmental organizations (NGOs) in particular, we ask the following questions in this article: What roles do international NGOs play regarding human rights in Colombia? What tools do they have at their disposal? After a few contemplations on the human rights subject in terms of: 1) the international legal context, 2) the application mandate, and 3) the activism deployed by these organizations, this article concludes that international NGOs in Colombia futher intense public action, in networks, that distinguishes them, more than as activists, but as resolute agents. A double momentum in their repertoire allows them to be assertive in the national as well as the international state. They censure when rights are vulnerable; when there is no national legislation, they appeal to international regulations so that violations are punished, and they are always striving to save lives.

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Sovereignty at Sea

James Kraska 
U.S. Naval War College; Foreign Policy Research Institute (FPRI); Woods Hole Oceanographic Institution – Marine Policy Center; International Institute for Humanitarian Law; Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)
Survival: Journal of the International Institute of Strategic Studies, Vol. 51, pp. 13-18, June-July 2009

[posted May 4, 2011]

In March 2009 the Chinese conducted bold and dangerous manoeuvres against the USNS Impeccable, a US Navy military survey vessel operating about 120 kilometres from the island of Hainan in the South China Sea. Five Chinese government vessels, including a Navy intelligence collection ship, a Bureau of Maritime Fisheries patrol vessel, a State Oceanographic Administration patrol vessel, and two small Chinese flagged trawlers, surrounded and blocked the transit of the US vessel in international waters. In an odd turn, a Chinese vessel approached within 8 metres of the American ship in an attempt to cut its towed array; when the Impeccable engaged the Chinese vessel with fire hoses to repel it, the Chinese crew stripped to their underwear. The event marks the first test of the Obama administration regarding China’s efforts to reshape the legal regime that applies to the littoral zone1 under the 1982 Law of the Sea Convention. Beijing provoked a similar crisis early in 2001 at the start of President George W. Bush’s first term, when a Chinese interception of an American EP-3 surveillance aircraft flying in international airspace over the East China Sea caused a mid-air collision and the loss of the Chinese fighter jet and pilot, and required an emergency landing of the US aircraft on Hainan.

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The Co-Operative Strategy and the Pirates of the Gulf of Aden

James Kraska 
U.S. Naval War College; Foreign Policy Research Institute (FPRI); Woods Hole Oceanographic Institution – Marine Policy Center; International Institute for Humanitarian Law; Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)
Journal of the Royal United Services Institute, Vol. 154, pp. 74-81, 2009

[posted May 4, 2011]

Maritime piracy flourishes at the seams of globalisation because jurisdiction is unclear and pirates exploit the inherent isolation of individual vessels and nations. Given these dynamics, new international law and policy frameworks have become the most effective force multiplier for implementing a new collaborative approach, and the first test is the challenge posed by maritime piracy in the Horn of Africa.

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Recognition of the International Human Right to Health and Health Care in the United States

Eleanor D. Kinney 
Indiana University School of Law – Indianapolis
Rutgers Law Review, Vol. 60, No. 2, 2008

[posted May 9, 2011]

This article reviews the history and progress of the realization of the international human right to health in the United States. Realization is defined and described as ratification of international human rights treaties, on which the US performance is poor, and constitutional guarantees and legislative and regulatory programming at the federal and state level. Key to realizing the international human right to health throughout the world is how progress is measured. . . .

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Housing Rights: Positive Duties and Enforceable Rights at the European Court of Human Rights

Padraic Kenna 
National University of Ireland, Galway (NUIG) – Faculty of Law
European Human Rights Law Review Vol. 2, pp. 193-208, 2008

[posted May 4, 2011]

This article discusses the European Court of Human Rights’ development of a human rights perspective on positive obligations in the context of housing. It traces the move from traditional liberal concepts of negative rights, the influence of post-war welfare state models, and the contemporary European State since the 1980s. It examines, with emphasis on property rights, the jurisprudence of the European Court of Human Rights and considers salient articles of the European Convention on Human Rights 1950, focusing on Art.3, Art.6 and Art.8 and the implied positive obligations.

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Islamic International Law (Siyar): An Introduction

Muhammad Munir 
International Islamic University Islamabad (IIUI)
Human Rights Conflict Prevention Centre (HRCPC), Vol. 7, No. 1-2, pp. 923-940., 2007

[posted May 10, 2011]

This work explains the origin, sources, and evolution of Islamic international law (Siyar). It attempts to locate the role and place of Islamic International law (Siyar). It argues that Abu Hanifa was the first jurist to treat Siyar as a separate legal science and who systematically explained the rules of Siyar. This works discusses the role of Siyar within the domestic law in Pakistan. It concludes that since Islamic law is not only one of the principal legal systems in the world but also that Islam is one of the main forms of civilizations; therefore, Islamic law must be one of the sources of international law. Finally, it argues that since public international law is not secular in nature, but rather ‘neutral’ so as to ‘accommodate’ Muslim states. Siyar only strengthens the obligations of Muslim states and does not impose Islamic law on non-Muslim states.

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The Law of the Sea Convention and the Northwest Passage

James Kraska 
U.S. Naval War College; Foreign Policy Research Institute (FPRI); Woods Hole Oceanographic Institution – Marine Policy Center; International Institute for Humanitarian Law; Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)
International Journal of Marine and Coastal Law, Vol. 22, No. 2, p. 257, 2007

[posted May 4, 2011]

Concern over the loss of sea ice has renewed discussions over the legal status of the Arctic and sub-Arctic transcontinental maritime route connecting the Atlantic and the Pacific, referred to as the “Northwest Passage.” Over the last thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of the fragile Arctic environment, Canada has sought to exercise greater authority over the Passage. This article suggests that Canada can best achieve widespread global support for managing its maritime Arctic by acknowledging that the passage constitutes an international strait and then working through the International Maritime Organization to develop a comprehensive package of internationally accepted regulations.

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Protecting and Supporting Indigenous Peoples in Latin America: Evaluating the Recent World Bank and IDB Policy Initiatives

John W. Head 
University of Kansas – School of Law
Michigan State Journal of International Law, Vol. 14, pp. 383-438, 2006

[posted May 9, 2011]

In this article, John Head draws on his experience with international financial institutions to offer both descriptive and prescriptive observations about the recent legal initiatives taken by the World Bank and the Inter-American Development Bank (“IDB”) on issues related to the interests of indigenous peoples, particularly in Latin America. He focuses on three questions: Are those recent initiatives helpful? Are they legal? And are they enough? In addressing those three questions – which he answers yes, yes, and no, respectively – Mr. Head explains (1) why, as a practical matter, it is vitally important that the World Bank and the IDB contribute to the multilateral efforts to protect and assist indigenous peoples in Latin America, (2) why, as a legal matter, he dismisses criticisms raised by some commentators alleging that involvement by international financial institutions in such issues constitutes unlawful “mission creep” or tramples on the sovereignty of their member states, and (3) why, in looking to the future, the most appropriate way to assure that the international development finance institutions continue contributing to the well-being of indigenous peoples is by updating the charters of those institutions.

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Human Rights – Human Bodies? Some Reflections on Corporate Human Rights Distortion, the Legal Subject, Embodiment and Human Rights Theory

Anna Grear 
University of the West of England
Law Critique, Vol. 17, pp. 171-199, 2006

[posted May 3, 2011]

This paper responds to the subversion of international human rights discourse by corporations. It begins by placing such subversion in three contexts: the ascendance of human rights as the dominant discourse of contemporary moral and political life; the emerging challenges to human rights posed by other-than-natural-human entities; and ambiguity in the relationship between the legal subject and the human being. The author suggests that in order to resist corporate human rights distortion it is important to reclaim the language of the human for the natural human being, despite complex philosophical and definitional challenges attending the designation of the term ‘human.’ The author suggests that by re-attending to the implications of human embodiment for human rights theory it might be possible to re-invigorate the protective potential of human rights for vulnerable human beings and communities against powerful disembodied legal persons (corporations).

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Agriculture, Free Trade, and Global Development: Some Personal Observations

John W. Head 
University of Kansas – School of Law
Kansas Journal of Law & Pubic Policy, Vol. 14, pp. 221-229, 2005

[posted May 9, 2011]

Luncheon remarks given during Kansas Journal of Public Policy Symposium on Agriculture, Free Trade and Global Development.

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The United States and International Law after September 11

John W. Head 
University of Kansas – School of Law

Kansas Journal of Law & Pubic Policy, Vol. 11, pp. 1-16, 2001-2002

[posted May 5, 2011]

I need not recount the horrors of September 11. In this essay, I want to address two specific questions. First, what can the United States do in response to the terrorist attacks of that day on the World Trade Center and the Pentagon, and still be true to its international legal obligations? Second, what should the United States do in response to those attacks, and be both prudent and effective in the long term? I believe that how we answer those questions will bear importantly on the future of the United States and of international law.

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Selling Hong Kong to China: What Happened to the Right of Self-Determination?

John W. Head 
University of Kansas – School of Law
Kansas Law Review, Vol. 46, pp. 283-304, 1998

[posted May 4, 2011]

I wish to offer in this brief Article some observations about the legal character of the transfer of sovereignty over Hong Kong on July 1, 1997. Specifically, I address the question of whether that transfer is consistent with the “right of self-determination” as it currently stands in international law. I conclude with two competing propositions. Either the Hong Kong case shows a blatant disregard for the right of self-determination, or the Hong Kong case illustrates a fundamental limitation – perhaps fatal limitation – to which the right of self-determination is subject. In either event, I agree with the handful of commentators who have criticized both the British government and the United Nations for not openly addressing the issue of self-determination in the context of Hong Kong.

II. Books

Blame it on the WTO?  A Human Rights Critque
(Oxford Univ. Press)

Sarah Joseph

The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.

Hardback | 368 pages
£60.00 | 14 April 2011 | 978-0-19-956589-4

……

A Practical Guide to Working with TRIPS
(Oxford Univ. Press, 7 Apr 2011)

Antony Taubman

This book is a brief, accessible guide to the practical workings of the TRIPS agreement for policymakers and their legal advisers. The book offers a unique insider’s account of how the international rules of IP function in practice within a broader legal framework that consists of WTO law and dispute resolution procedures.

Paperback | 256 pages
£39.95 | 7 April 2011 | 978-0-19-957520-6

……

The Vienna Conventions on the Law of Treaties: A Commentary
(Oxford Univ. Press, 7 Apr 2011)
Edited by Olivier Corten and Pierre Klein

The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field

Hardback | 2,176 pages
£375.00 | 7 April 2011 | 978-0-19-954664-0

……

Digest of United States Practice in International Law, 2009
(Oxford Univ. Press)

Elizabeth R. Wilcox

Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser’s Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.
Hardback | 836 pages
£110.00 | 7 April 2011 | 978-0-19-975900-2

……

Global Perspectives on Income Taxation Law
(Oxford Univ. Press)

Reuven Avi-Yonah, Nicola Sartori, and Omri Marian

In Global Perspectives on Income Taxation Law, Reuven Avi-Yonah, Nicola Sartori, and Omri Marian cover basic, corporate and international tax law from a comparative perspective. The book both supplements readings in US tax law courses and serves as a textbook for a comparative tax law class. The book starts with a theoretical analysis of the field of comparative tax law. It then follows the usual order of topics covered in a basic tax course as taught in most U.S. law schools, and for each topic, the authors highlight possible alternatives or policy choices. The authors frequently consider the U.S. approach as a benchmark, comparing it with approaches used in other countries which form an interesting contrast, or a telling similarity. They consider the multiple purposes of studying comparative tax law: helping to advance successful tax reforms, cultural understanding, political values, legal harmonization, and a better understanding of domestic tax laws.

Hardback | 288 pages
£40.00 | 7 April 2011 | 978-0-19-532135-7

……

The Inter-American Court of Human Rights: Case Law and Commentary
(Oxford Univ. Press)
Laurence Burgorgue-Larsen, Amaya Ubeda de Torres, and Translated by Rosalind Greenstein

This work offers the first systematic analysis of the case law of the Inter-American Court of Human Rights to be published in the English language. The book provides a comprehensive collation and commentary on the jurisprudence of the Court, situating it in the broader context of international human rights law, drawing comparisons in particular with the case law of the European Court of Human Rights. It features coverage of both procedural and substantive human rights law.

Hardback | 952 pages
£125.00 | 7 April 2011 | 978-0-19-958878-7

……

Pharmaceutical, Biotechnology and Chemical Inventions: World Protection and Exploitation
(Oxford Univ. Press, 7 Apr 2011)

World Protection and Exploitation
edited by Duncan Bucknell

This book highlights the special issues arising in obtaining, commercialising, enforcing or attacking intellectual property rights in the pharmaceutical, biotechnology and chemical industries across the world’s key jurisdictions.

Hardback | 2,536 pages
£295.00 | 7 April 2011 | 978-0-19-928901-1

……

A Right to Care? Unpaid Work in European Employment Law
Unpaid Work in European Employment Law

(Oxford Univ. Press, 7 Apr 2011)
Nicole Busby

The reconciliation of unpaid care work and paid employment is among the most pressing and difficult problems currently facing employment law. Nicole Busby assesses the potential to situate a right to care within employment law, and for the recognition of carer status as a means of protecting against discrimination in employment.

Hardback | 232 pages
£70.00 | 7 April 2011 | 978-0-19-957902-0

……

Competition Law and Regulation of Technology Markets
(Oxford Univ. Press, 7 April 2011)

Kevin Coates

The book considers how EU Competition rules interact with regulation, intellectual property law and data protection rules, making extensive reference to US developments. The book analyses the application of competition rules in communications networks, industrial IP, creative IP, and electronic commerce and services.

Hardback | 448 pages
£145.00 | 7 April 2011 | 978-0-19-957521-3

……

International Project Finance: Law and Practice
(Oxford Univ. Press)
Edited by John Dewar

Providing a wide focus on financial techniques and sector coverage on an international scale, this book gives a thorough treatment of the basic principles which affect the structuring and documentation of project financings. It studies structural, legal and contractual differences between the different sectors using project financing techniques.

Hardback | 560 pages
£195.00 | 7 April 2011 | 978-0-19-960144-8

……

A Guide to the ICDR International Arbitration Rules
(Oxford Univ. Press)

Martin F. Gusy, James M. Hosking, and Franz T. Schwarz

A rule-by-rule commentary on the genesis, interpretation and application of the International Centre for Dispute Resolution (ICDR) Rules. The book is designed to give arbitrators, practitioners and academics a first port of call when considering ICDR arbitration, and provide the first stand-alone comprehensive commentary on these important rules.

Hardback | 440 pages
£79.95 | 7 April 2011 | 978-0-19-959684-3

……

The Function of Law in the International Community

(Oxford Univ. Press)

Hersch Lauterpacht

First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. It continues to influence international lawyers today. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.

Paperback | 512 pages
£29.95 | April 2011 | 978-0-19-960881-2

……

Philosopher Kings? Conflicting Human Rights and Social Values
(Oxford Univ. Press)
George C. Christie

Christie, examines the attempts by courts to sort out conflicts involving freedom of expression, including religious expression, on the one hand, and rights to privacy and other important social values on the other. It approaches the subject from a comparative perspective, using principally cases decided by European and United States courts. A significant part of this book analyzes conflicts between freedom of expression and the right to privacy. In a world in which, freedom of expression and privacy are said to be of equal value, the book explores whether it is possible to develop, through case-by-case adjudication, a legal regime which can give clear direction as to what expression is or is not permitted. Otherwise, if such a regime proves impossible, in the guise of recognizing the equal value of expression and privacy, privacy may become de facto the preferred value.

Hardback | 204 pages
£40.00 | 10 March 2011 | 978-0-19-534115-7

……

Human Rights and Common Good: Collected Essays, Vol. III
(Oxford Univ. Press)
John Finnis

This central volume in the Collected Essays brings together John Finnis’s wide-ranging contribution to fundamental issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights — a searching critique of Ronald Dworkin’s moral-political arguments and conclusions, of the European Court of Human Rights’ approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant’s thought on the intersection of law, right, and ethics. Other papers in the book’s opening section include an early assessment of Rawls’s A Theory of Justice, foundational discussions of migration rights, national boundaries, and the rights of non-citizens, and a challenging paper on virtue and the constitution.  The volume then focuses on central problems in modern political communities, including the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman’s right to choose, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume’s previously unpublished papers include a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis’s Abolition of Man on genetic control and contraception, and an introduction focussing on the ultimate basis of equality and human rights.

Hardback | 448 pages
£34.95 | 7 April 2011 | 978-0-19-958007-1

……

Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights
(Oxford Univ. Press)
Cynthia Ho

Access to medicine is a topic of widespread interest. However, some issues that impact such access are presently inadequately understood. In particular, international laws require most nations to provide patents on drugs, resulting in premium prices that limit access. In Access to Medicine in the Global Economy, Professor Cynthia Ho explains such laws and their impact for a diverse group of readers, from scholars and policy makers to students in a variety of disciplines. This book explains and interprets important international agreements, beginning with the landmark Agreement on Trade Related Aspects of Intellectual Property (TRIPS), but also including more recent free trade agreements and the pending Anti-Counterfeiting Trade Agreement (ACTA). Professor Ho addresses controversial topics, such as when a nation can provide a compulsory license, as well as whether a nation may suspend in-transit generic goods. The book also discusses how patent-like rights (such as “data exclusivity”) prevent lower-cost generic medicines from entering into the marketplace and provides strategies for minimizing the harm of such rights. Clear explanations and diagrams, frequently asked questions, and case studies make these topics accessible to any reader. The case studies also provide a theory of patent perspectives that helps explain why access to medicine, though a universal goal, remains elusive in practice. The book aims to provide an important first step toward eventual workable solutions by promoting a better understanding of existing and future laws that impact access to medicine.

Hardback | 398 pages
£45.00 | 21 April 2011 | 978-0-19-539012-4

……

New in Paperback
Satow’s Diplomatic Practice
(Oxford Univ. Press)

Edited by Ivor Roberts

The new edition of this classic work revises and examines the diplomatic practice of the last thirty years. It provides a comprehensive analysis of all areas of diplomacy, including its history, diplomatic immunities, and features new sections on international organisations and terrorism, making it an indispensable guide for anyone in the field.

Paperback | 800 pages
£34.99 | 7 April 2011 | 978-0-19-969355-9
Also Available as: Hardback

……

New in Paperback
The Treatment of Prisoners under International Law
(Oxford Univ. Press)

Nigel Rodley and Matt Pollard

This book deals with atrocities that are committed against people who cannot defend themselves: torture, murder, enforced disappearance. It also deals with similar practices such as corporal punishment and the death penalty. It incorporates a lot of new material including treaties and case law from international and national courts.

Paperback | 752 pages
£34.99 | 7 April 2011 | 978-0-19-969356-6
Also Available as: Hardback

……

Indigenous Peoples and the Collaborative Stewardship of Nature: Knowledge Binds and Institutional Conflicts

(Left Coast Press, 2011)

Anne Ross, Richard Sherman, Jeffrey G. Snodgrass, and Henry D. Delcore

Involving Indigenous peoples and traditional knowledge into natural resource management produces more equitable and successful outcomes. Unfortunately, argue Anne Ross and co-authors, even many “progressive” methods fail to produce truly equal partnerships. This book offers a comprehensive and global overview of the theoretical, methodological, and practical dimensions of co-management. The authors critically evaluate the range of management options that claim to have integrated Indigenous peoples and knowledge, and then outline an innovative, alternative model of co-management, the Indigenous Stewardship Model. They provide detailed case studies and concrete details for application in a variety of contexts. Broad in coverage and uniting robust theoretical insights with applied detail, this book is ideal for scholars and students as well as for professionals in resource management and policy.

……

University of Wisconsin Law Library

Select Recent Acquisitions

Bates, Elizabeth Stubbins. Terrorism and international law: accountability, remedies, and reform: a report of the IBA Task Force on Terrorism. Oxford, England: Oxford University Press, 2011. 268 p.

Cruvellier, Thierry. Court of remorse: inside the International Criminal Tribunal for Rwanda. Madison: University of Wisconsin Press, 2010. 188 p.

Engeland, Anisseh van. Civilian or combatant? A challenge for the twenty-first century. New York: Oxford University Press, 2011. 172 p.

Ginkel, Bibi van. The practice of the United Nations in combating terrorism from 1946 to 2008: questions of legality and legitimacy. Antwerp, Netherlands: Intersentia, 2010. 460 p.

Johnstone, Ian. The power of deliberation: international law, politics and organizations. New York: Oxford University Press, 2011. 222 p.

Judicial creativity at the international criminal tribunals. Edited by Shane Darcy and Joseph Powderly. Oxford, England: Oxford University Press, 2010. 391 p.

Kutnjak Ivkovic, Sanja and Hagan, John. Reclaiming justice: the International Tribunal for the former Yugoslavia and local courts. New York: Oxford University Press, 2011. 189 p.

Nettelfield, Lara J. Courting democracy in Bosnia and Herzegovina: the Hague Tribunal’s impact in a postwar state. New York: Cambridge University Press, 2010. 330 p.

U.S. Congress. House. Foreign Affairs Committee. Out of the shadows: the global fight against human trafficking, hearing, 111th Congress, 2nd session, September 30, 2010. 152 p. http://purl.fdlp.gov/GPO/gpo2314

U.S. Congress. Senate. Foreign Relations Committee. The future of U.S. public diplomacy, hearing before the Subcommittee on International Operations and Organizations, Human Rights, Democracy, and Global Women’s Issues, 111th Congress, 2nd session, March 10, 2010. 64 p. http://purl.fdlp.gov/GPO/gpo5968

Wilson, Richard Ashby. Writing history in international criminal trials. New York: Cambridge University Press, 2011. 257 p.

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 70: May 10, 2011

ALAN O’NEIL SYKES, EDITOR

From the Bottle to the Grave: Realizing a Human Right to Breastfeeding Through Global Health Policy

Benjamin Mason Meier, University of North Carolina at Chapel Hill
Miriam Labbok, University of North Carolina (UNC) at Chapel Hill – Department of Maternal and Child Health

 

What Happens to the Frozen Fortune? The Libya Situation and Claims for Reparation

Conor McCarthy, University of Cambridge – Jesus College

 

A Religious View of the Foundations of International Law

Jeremy Waldron, New York University (NYU) – School of Law

 

Correlates of War? Immigrant Offending in Stockholm, Sweden

Amber L. Beckley, Stockholm University, Department of Criminology

 

Pushing the Limits of Global Governance: Trading Rights, Censorship, and WTO Jurisprudence – A Commentary on the China-Publications Case

Julia Ya Qin, Wayne State University Law School

 

Grafting the Command Responsibility Doctrine Onto Corporate Criminal Liability for Atrocities

Michael J. Kelly, Creighton University School of Law, American Society of International Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 69: May 09, 2011

ALAN O’NEIL SYKES, EDITOR

Global Health Governance and the Contentious Politics of Human Rights: Mainstreaming the Right to Health for Public Health Advancement

Benjamin Mason Meier, University of North Carolina at Chapel Hill

 

The International Criminal Court and Non-Party States

William A. Schabas, University College, Galway (UCG) – Faculty of Law, Criminal Law Forum, Irish Centre for Human Rights

 

Lawfare and U.S. National Security

Orde F. Kittrie, Arizona State University (ASU) – Sandra Day O’Connor College of Law

 

New Governance of the Transnational Variety: Can Transnational Domestic Labor Regulation Harness the Power of Private Legal Regulation?

Paul M. Secunda, Marquette University – Law School

 

Boumediene Applied Badly: The Extraterritorial Constitution after Al-Maqaleh v. Gates

Saurav Ghosh, Stanford Law School

 

The Lines Begin to Blur? Opinio Juris and the Moralisation of Customary International Law

Noora Johanna Arajärvi, European University Institute, Tilburg University – Department of European & International Public Law

 

Special Court for Sierra Leone: Achieving Justice?

Charles C. Jalloh, University of Pittsburgh – School of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 68: May 06, 2011

ALAN O’NEIL SYKES, EDITOR

The Grounds of Human Rights

Michael John Perry, Emory University School of Law, University of San Diego – School of Law and Joan B. Kroc School of Peace Studies

 

Treaties and the Constitution: Enforcing Treaties Against the States

David L. Sloss, Santa Clara University – School of Law

 

Referendum, Secession and Intermixed Tribal Structure in Western-Southern Sudan

Issam A.W. Mohamed, Al-Neelain University – Department of Economics

 

Indonesia’s Refusal to Share Influenza Virus Specimens with the World: Reviving the Arguments for Justice in Influenza Pandemic Preparedness

Meena Krishnamurthy, University of Manitoba
Matthew Herder, Dalhousie University, Faculty of Medicine

 

Making Health a Human Right: The World Health Organisation and the United Nations Programme on Human Rights and Scientific and Technological Developments

Benjamin Mason Meier, University of North Carolina at Chapel Hill

 

UN MDG and B-School Education Challenges and Perspectives

Bidyut Kumar Sarkar, NSHM Knowledge Campus

 

The Rhetoric of ‘Legal Fragmentation’ and its Discontents: Evolutionary Dilemmas in the Constitutional Semantics of Global Law

Pablo Holmes, Flensburg University

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 67: May 05, 2011

ALAN O’NEIL SYKES, EDITOR

Are Institutions and Empiricism Enough? A Review of Allen Buchanan, Human Rights, Legitimacy, and the Use of Force

Matthew J. Lister, University of Pennsylvania Law School

 

The Rules of International Organizations and the Law of International Responsibility

Christiane Ahlborn, Amsterdam Center for International Law

 

What is a ‘Human Right’?

Michael John Perry, Emory University School of Law, University of San Diego – School of Law and Joan B. Kroc School of Peace Studies

 

The Bifurcation of International Law: Two Futures for the International Rule of Law

Andre Nollkaemper, University of Amsterdam – Amsterdam Center for International Law

 

Domestic Application of Treaties

David L. Sloss, Santa Clara University – School of Law

 

A Return to Koskenniemi; or the Disconcerting Co-Optation of Rupture

Paavo A.J. Kotiaho, Erik Castrén Institute of International Law and Human Rights, Finnish Yearbook of International Law

 

Apportioning Responsbility Among Joint Tortfeasors for International Law Violations

Roger Paul Alford, Pepperdine University – School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 53: May 10, 2011

CHRISTIANA OCHOA, EDITOR

The Emergence of the Human Right to Water in International Human Rights Law: Invention or Discovery?

Takele Soboka Bulto, Australian National University

 

Globalization, Intellectual Properties Rights and North-Eastern Region of India: Some Issues

Nirankar Srivastav, North-Eastern Hill University
Rickey A. J. Syngkon, North-Eastern Hill University (NEHU), Shillong

 

The Role of the International Trade Regime in Global Governance

Simon Lester, affiliation not provided to SSRN

 

Signaling Environmental Stewardship in Corrupt Societies: The Case of ISO 14001

Daniel Berliner, University of Washington, Seattle
Aseem Prakash, University of Washington – Department of Political Science

 

Are Institutions and Empiricism Enough? A Review of Allen Buchanan, Human Rights, Legitimacy, and the Use of Force

Matthew J. Lister, University of Pennsylvania Law School

 

Domestic Application of Treaties

David L. Sloss, Santa Clara University – School of Law

 

Lautsi: A Commentary of the Grand Chamber Decision

Lorenzo Zucca, King’s College London School of Law

 

Reading the Story of Law and Embeddedness Through a Community Lens: A Polanyi-Meets-Cotterrell Economic Sociology of Law?

Amanda Perry-Kessaris, SOAS, University of London

 

Some Comments on the Dangers of the Hermeneutical Approaches on the Prohibition of Retroactivity in the European System for the Protection of Human Rights

Daniel Andrés Salamanca Pérez, affiliation not provided to SSRN

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 52: May 09, 2011

CHRISTIANA OCHOA, EDITOR

The Rules of International Organizations and the Law of International Responsibility

Christiane Ahlborn, Amsterdam Center for International Law

 

What is a ‘Human Right’?

Michael John Perry, Emory University School of Law, University of San Diego – School of Law and Joan B. Kroc School of Peace Studies

 

Assertion of Universal Jurisdiction by Municipal Courts as a Method of Transitional Justice

Akhilesh Patel NLSIU, National Law School of India University (NLSIU)

 

The Grounds of Human Rights

Michael John Perry, Emory University School of Law, University of San Diego – School of Law and Joan B. Kroc School of Peace Studies

 

The Path Dependence of European Copyright

Stefan Larsson, Lund University

 

Children’s Access to Health Care Services within and Outside of the Parent-Child Relationship

M. Pieterse, University of the Witwatersrand

 

Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Tobias Lock, University College London

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 51: May 06, 2011

CHRISTIANA OCHOA, EDITOR

Introduction: Snapshots of Rights Discourse

Reza Banakar, University of Westminster – School of Law

 

Apportioning Responsbility Among Joint Tortfeasors for International Law Violations

Roger Paul Alford, Pepperdine University – School of Law

 

Toward a Unified Theory of Professional Ethics and Human Rights

Jonathan H. Marks, Edmond J. Safra Center for Ethics, Harvard University, Pennsylvania State University

 

Yes, Final and Binding but We Have To Talk: Humanizing or Vacating the Award?

Simon M. Weldehaimanot, Notre Dame Law School

 

Trade Liberalisation in Asia: Why Intra-Asian Free Trade Agreements are Not Utilised by the Business Community

Bryan Christopher Mercurio, Chinese University of Hong Kong – Faculty of Law, University of New South Wales – Faculty of Law

 

Pushing the Limits of Global Governance: Trading Rights, Censorship, and WTO Jurisprudence – A Commentary on the China-Publications Case

Julia Ya Qin, Wayne State University Law School

 

Access to Habeas Corpus: A Human Rights Analysis of U.S. Practices in the War on Terrorism

Brian Richard Farrell, University of Iowa – College of Law, National University of Ireland, Galway (NUIG) – Irish Centre for Human Rights

 

Having One’s Cake and Eating it: The Paradox of Contextualisation in Socio-Legal Research

Reza Banakar, University of Westminster – School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 50: May 04, 2011

CHRISTIANA OCHOA, EDITOR

Child Labour

Om Raj Singh, affiliation not provided to SSRN

 

Lemkin’s Situation: Toward a Rhetorical Understanding of ‘Genocide’

Perry S. Bechky, Seattle University School of Law

 

The Interplay of International Dispute Resolution Mechanisms: The Softwood Lumber Controversy

Leonila Guglya, University of Geneva – Departement of Private International Law

 

American Nonprofit Law in Comparative Perspective

Alyssa A. DiRusso, Samford University – Cumberland School of Law

 

Consumer Protection in Choice of Law

Giesela Ruhl, Friedrich-Schiller-University Jena

 

Hard Times for Hard Bans: Fixed-Term Work and So-Called Non-Regression Clauses in the Era of Flexicurity

Luisa Corazza, affiliation not provided to SSRN

 

Rorty and Human Rights: Contingency, Emotions and How to Defend Human Rights Telling Stories

José-Manuel Barreto, University of London – Goldsmiths College

 

The March of the Mehteran: Rethinking the Human Rights Critiques of Counter-terrorism

Can Öztaş, University of London – Birkbeck College

 

Flexible Arbitration for the Developing World: Piero Foresti and the Future of Bilateral Investment Treaties in the Global South

Andrew Friedman, affiliation not provided to SSRN

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 20: May 04, 2011

DAVID D. CARON & TSEMING YANG, EDS.

Agriculture and the Clean Development Mechanism

Donald F. Larson, World Bank Development Research Group
Ariel Dinar, World Bank – Agriculture and Rural Development Department
J. Aapris Frisbie, affiliation not provided to SSRN

 

Trade Structure, Transboundary Pollution and Multilateral Trade Liberalization: The Effects on Environmental Taxes and Welfare

Bruno Nkuiya, Université de Montréal

 

A Theoretical Analysis of Bargaining and Interstate Water Compacts

Martin D. Heintzelman, Clarkson University School of Business

 

The Programme of Measures of the Water Framework Directive – More than Just a Formal Compliance Tool

Lasse Baaner, University of Copenhagen

 

Efficiency in Face of Externalities When Binding Hierarchical Agreements are Possible

Jobst Heitzig, Potsdam Institute for Climate Impact Research (PIK)

 

Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision

Michael C. Blumm, Lewis & Clark Law School
R. D. Guthrie, Lewis & Clark Law School

 

Environmental Tort Litigation in China

Adam J. Moser, US-China Partnership for Environmental Law – Vermont Law School
Tseming Yang, Vermont Law School, Sun Yat-sen University Law School

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 41, May 10, 2011

ALAN O’NEIL SYKES, EDITOR

Navigating New Landscapes: The Contribution of Socio-Legal Scholarship in Mapping the Plurality of International Economic Law and Locating Power in International Economic Relations

Celine Tan, University of Birmingham – Birmingham Law School

 

New-New Trade Policy

Dan Ciuriak, affiliation not provided to SSRN
Beverly J. Lapham, Queen’s University
Robert Wolfe, Queen’s University – School of Policy Studies
Terry Collins-Williams, affiliation not provided to SSRN
John M. Curtis, Centre for International Governance Innovation

 

If Subsidies Do Not Cross Borders, Litigation Will: Do the U.S. Auto Bailouts Violate the Subsidies and Countervailing Measures Agreement under the GATT?

Michael John Fanizzo Jr., affiliation not provided to SSRN

 

Friends of the Panel: The Evolution of Amicus Participation in International Investment Arbitration

Andrew Friedman, affiliation not provided to SSRN

 

The Interplay of International Dispute Resolution Mechanisms: The Softwood Lumber Controversy

Leonila Guglya, University of Geneva – Departement of Private International Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 40, May 09, 2011

ALAN O’NEIL SYKES, EDITOR

2010 International Trade Law Decisions of the Federal Circuit

Kevin J. Fandl, American University Washington College of Law

 

Economic Performance and Moments of Political Transition in East and Southeast Asia

O. Fiona Yap, University of Kansas – Department of Political Science

 

International Trade Agreements and International Migration

Jacques Poot, University of Waikato – Population Studies Centre, Motu Economic and Public Policy Research, Institute for the Study of Labor (IZA)
Anna Strutt, University of Waikato

 

The State, a Perpetual Respondent in Investment Arbitration? Some Unorthodox Considerations

Mehmet Toral, affiliation not provided to SSRN
Thomas Schultz, University of Geneva

 

Countervailing Duty Against China: Opening a Pandora’s Box in the WTO System?

Dukgeun Ahn, Seoul National University
Jieun Lee, University of Michigan at Ann Arbor – Gerald R. Ford School of Public Policy

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 40, May 10, 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

The Grounds of Human Rights

Michael John Perry, Emory University School of Law, University of San Diego – School of Law and Joan B. Kroc School of Peace Studies

 

Globalization, Intellectual Properties Rights and North-Eastern Region of India: Some Issues

Nirankar Srivastav, North-Eastern Hill University
Rickey A. J. Syngkon, North-Eastern Hill University (NEHU), Shillong

 

Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Tobias Lock, University College London

 

Dimensions of Globalization and Their Effects on Economic Growth and Human Development Index

Utpal Kumar De, North-Eastern Hill University (NEHU) – Department of Economics
Manoranjan Pal, Indian Statistical Institute

 

Interest Balancing vs. Fiduciary Duty: Two Models for National Security Law

Evan Fox-Decent, McGill University – Faculty of Law
Evan J. Criddle, Syracuse University College of Law

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 39, May 09, 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

Are Institutions and Empiricism Enough? A Review of Allen Buchanan, Human Rights, Legitimacy, and the Use of Force

Matthew J. Lister, University of Pennsylvania Law School

 

What is a ‘Human Right’?

Michael John Perry, Emory University School of Law, University of San Diego – School of Law and Joan B. Kroc School of Peace Studies

 

The Bifurcation of International Law: Two Futures for the International Rule of Law

Andre Nollkaemper, University of Amsterdam – Amsterdam Center for International Law

 

Procedural Protection of Human Rights in Brazil

Keith S. Rosenn, affiliation not provided to SSRN

 

Due Diligence Mania

Menno T. Kamminga, Maastricht University – Faculty of Law

 

Assertion of Universal Jurisdiction by Municipal Courts as a Method of Transitional Justice

Akhilesh Patel NLSIU, National Law School of India University (NLSIU)

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 22: May 1, 2011

DIANE MARIE AMANN, EDITOR

La Jurisdicción Del Tribunal Europeo De Derechos Humanos En Casos De Extradición – A Propósito Del Caso Klein C. Rusia (The Jurisdiction of the European Court of Human Rights in Extradition Cases – On the Case of Klein vs. Russia)

Jan Schneider, affiliation not provided to SSRN

 

Injusto Y Culpabilidad En Los Grandes Filósofos Griegos (Unfair and Guilt in the Great Greek Philosophers)

Carlos Arturo Gómez Pavajeau, Universidad Externado

 

Assertion of Universal Jurisdiction by Municipal Courts as a Method of Transitional Justice

Akhilesh Patel NLSIU, National Law School of India University (NLSIU)

 

The Status of Corporations in the Travaux Preparatoires of the Genocide Convention: The Search for Personhood

Michael J. Kelly, Creighton University School of Law, American Society of International Law

 

Pushing the Boundaries of the Public Sphere: The Su Bao Case and Everyday Citizenship in China, 1894-1904

Elizabeth Dale, Levin College of Law

 

Compatibility between Anti-Terrorism Legislation and Shari‛a

Muhammad Munir, International Islamic University Islamabad (IIUI)

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 21: May 05, 2011

DIANE MARIE AMANN, EDITOR

Criminal Law Beyond the State: The European Model

Massimo Fichera, Centre of Excellence in Foundations of European Law and Polity Research, University of Helsinki, Faculty of Law

 

The Aggression Amendments: Points of Consensus and Dissension

Beth Van Schaack, Santa Clara University – School of Law

 

The International Criminal Court and Non-Party States

William A. Schabas, University College, Galway (UCG) – Faculty of Law, Criminal Law Forum, Irish Centre for Human Rights

 

Pre-Trial Detention and Control Orders Under British Anti-Terror Legislation Post 9/11: Balancing a Need for Security With the European Convention on Human Rights – An Overview

Sascha-Dominik Oliver Vladimir Bachmann, affiliation not provided to SSRN
Peter Galvin, affiliation not provided to SSRN

 

Medios Técnicos y Expectativa Razonable de Intimidad en la Investigación Penal (Search Technologies & Reasonable Expectation of Privacy in Criminal Investigation) (in Spanish)

Andrés H. Luna, Rama Judicial de Colombia

 

Correlates of War? Immigrant Offending in Stockholm, Sweden

Amber L. Beckley, Stockholm University, Department of Criminology

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 43: May 10, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

Lautsi: A Commentary of the Grand Chamber Decision

Lorenzo Zucca, King’s College London School of Law

 

ПРАКСА ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА У ПОГЛЕДУ РЕСТИТУЦИЈЕ И ЊЕНА МОГУЋА ДЕЈСТВА НА СРБИЈУ (Case Law of the European Court for Human Rights and its Possible Effects on Serbia)

Dusan / Душан S. / С. Rakitic / Ракитић, University of Belgrade, Faculty of Law / Правни факултет Универзитета у Београду

 

Internal Market Architecture and the Accommodation of Labour Rights: As Good as it Gets?

Claire Kilpatrick, European University Institute – Department of Law (LAW)

 

Confronting the American Divide on Carbon Emissions Regulation

David Wheeler, Center for Global Development

 

New Regulation of Remuneration in the Financial Sector in the EU

Eilis Ferran, University of Cambridge – Faculty of Law, European Corporate Governance Institute (ECGI)

 

Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Tobias Lock, University College London

……

Goettingen Journal of International Law

Vol 3, No 1 (2011)

Articles

Keynote Speech: Resources of Conflict – Conflicts over Resources

ABSTRACT PDF

Marie-Claire Cordonier Segger

The Redistribution of Resources in Internationalised Intra-State Peace Processes by Comprehensive Peace Agreements and Security Council Resolutions

ABSTRACT PDF

Cindy Daase

The Falkland Islands and the UK v. Argentina Oil Dispute: Which Legal Regime?

ABSTRACT PDF

Alice Ruzza

Conflicts over Protection of Marine Living Resources: The ‘Volga Case’ Revisited

ABSTRACT PDF

Saiful Karim

Regulating Information Flows, Regulating Conflict: An Analysis of United States Conflict Minerals Legislation

ABSTRACT PDF

Christiana Ochoa, Partick J. Keenan

Incentives and Survival in Violent Conflicts

ABSTRACT PDF

Moshik Lavie, Christophe Muller

Enhancing Compliance with International Law by Armed Non-State Actors

ABSTRACT PDF

Annyssa Bellal, Stuart Casey-Maslen

Regulation of Private Military Companies

ABSTRACT PDF

Alexander Kees

Armed Forces as Carrying both the Stick and the Carrot? Humanitarian Aid in U.S. Counterinsurgency Operations in Afghanistan and Iraq

ABSTRACT PDF

Alice Gadler

Settling Trade Disputes over Natural Resources: Limitations of International Trade Law to Tackle Export Restrictions

ABSTRACT PDF

Stormy-Annika Mildner, Gitta Lauster

Resource Conflicts over Arable Land in Food Insecure States: Creating an United Nations Ombudsman Institution to Review Foreign Agricultural Land Leases

ABSTRACT PDF

Anastasia Telesetsky

Overcoming State-Centrism in International Water Law: ‘Regional Common Concern’ as the Normative Foundation of Water Security

ABSTRACT PDF

Bjørn-Oliver Magsig

Between the Scylla of Water Security and Charybdis of Benefit Sharing: The Nile Basin Cooperative Framework Agreement – Failed or Just Teetering on the Brink?

ABSTRACT PDF

Dereje Zeleke Mekonnen

Information Warfare and Civilian Populations: How the Law of War Addresses a Fear of the Unknown

ABSTRACT PDF

Lucian Dervan

Limits of the Impact of the International Criminal Tribunal for the Former Yugoslavia on the Domestic Legal System of Bosnia and Herzegovina

ABSTRACT PDF

Eszter Kirs

The Abyei Arbitration: A Model Procedure for Intra-State Dispute Settlement in Resource-Rich Conflict Areas?

ABSTRACT PDF

Freya Baetens, Rumiana Yotova

Adjudicating Conflicts Over Resources: The ICJ’s Treatment of Technical Evidence in the Pulp Mills Case

ABSTRACT PDF

Juan Guillermo Sandoval Coustasse, Emily Sweeney-Samuelson

From Riches to Rags – the Paradox of Plenty and its Linkage to Violent Conflict

ABSTRACT PDF

Pelin Ekmen

 ……

Leiden Journal of International Law

Volume 24 – Issue 02 – 2011

View Table of Contents as PDF

ARTICLES

Global Constitutionalism and the Objective Purport of the International Legal Order

JOHANNES GERALD VAN MULLIGEN

Leiden Journal of International Law / Volume 24 / Issue 02, pp 277 – 304

Copyright © Foundation of the Leiden Journal of International Law 2011

DOI:10.1017/S0922156511000021 (About DOI)

Power-Conferring Treaties: The Meaning of ‘Investment’ in the ICSID Convention

TONY COLE and ANUJ KUMAR VAKSHA

Leiden Journal of International Law / Volume 24 / Issue 02, pp 305 – 330

Published online: 06 May 2011

DOI:10.1017/S0922156511000033 (About DOI)

HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice: Kosovo Symposium

Waiting for Godot: An Analysis of the Advisory Opinion on Kosovo

DOV JACOBS and YANNICK RADI

Leiden Journal of International Law / Volume 24 / Issue 02, pp 331 – 353

Published online: 06 May 2011

DOI:10.1017/S0922156511000045 (About DOI)

The Kosovo Advisory Opinion Scrutinized

JURE VIDMAR

Leiden Journal of International Law / Volume 24 / Issue 02, pp 355 – 383

Published online: 06 May 2011

DOI:10.1017/S0922156511000057 (About DOI)

HAGUE INTERNATIONAL TRIBUNALS: International Criminal Court and Tribunals

In Memoriam, Bert Swart

GÖRAN SLUITER

Leiden Journal of International Law / Volume 24 / Issue 02, pp 385 – 387

Published online: 06 May 2011

DOI:10.1017/S0922156511000185 (About DOI)

Introduction: Common Civility – International Criminal Law as Cultural Hybrid

ELIES VAN SLIEDREGT

Leiden Journal of International Law / Volume 24 / Issue 02, pp 389 – 391

Published online: 06 May 2011

DOI:10.1017/S0922156511000069 (About DOI)

Radbruch Redux: The Need for Revisiting the Conversation between Common and Civil Law at Root Level at the Example of International Criminal Justice

MICHAEL BOHLANDER

Leiden Journal of International Law / Volume 24 / Issue 02, pp 393 – 410

Published online: 06 May 2011

DOI:10.1017/S0922156511000070 (About DOI)

Islamic Law ( Shari’a) and the Jurisdiction of the International Criminal Court

MOHAMED ELEWA BADAR

Leiden Journal of International Law / Volume 24 / Issue 02, pp 411 – 433

Published online: 06 May 2011

DOI:10.1017/S0922156511000082 (About DOI)

CURRENT LEGAL DEVELOPMENTS

Is the European Court of Human Rights Still a Principled Court of Human Rights After the Demopoulos Case?

LOUKIS G. LOUCAIDES

Leiden Journal of International Law / Volume 24 / Issue 02, pp 435 – 465

Published online: 06 May 2011

DOI:10.1017/S0922156511000094 (About DOI)

Recognition of States: International Law or Realpolitik? The Practice of Recognition in the Wake of Kosovo, South Ossetia, and Abkhazia

CEDRIC RYNGAERT and SVEN SOBRIE

Leiden Journal of International Law / Volume 24 / Issue 02, pp 467 – 490

Published online: 06 May 2011

DOI:10.1017/S0922156511000100 (About DOI)

Holding Counsel to Account in International Arbitration

SAM McMULLAN

Leiden Journal of International Law / Volume 24 / Issue 02, pp 491 – 512

Published online: 06 May 2011

DOI:10.1017/S0922156511000112 (About DOI)

BIBLIOGRAPHY

BIBLIOGRAPHY

preview

Leiden Journal of International Law / Volume 24 / Issue 02, pp 513 – 517

Published online: 06 May 2011

DOI:10.1017/S0922156511000124 (About DOI)

BOOK REVIEWS

Christine Bell, On the Law of Peace: Peace Agreements and the Lex Pacificatoria, Oxford, Oxford University Press, 2008, 200pp., ISBN-978-0-19-922683-2 (hb), £63.00, and 978-0-19-922684-9 (pb), £24.99.

Randall Lesaffer

Leiden Journal of International Law / Volume 24 / Issue 02, pp 519 – 522

Published online: 06 May 2011

DOI:10.1017/S0922156511000136 (About DOI)

Pierre-Marie Dupuy, Francesco Francioni, and Ernst-Ulrich Petersmann (eds.), Human Rights in International Investment Law and Arbitration, Oxford, Oxford University Press, 2009, 640pp., ISBN-9780199578191, £130.00 (hb), £47.00 (pb).

Barnali Choudhury

Leiden Journal of International Law / Volume 24 / Issue 02, pp 522 – 526

Published online: 06 May 2011

DOI:10.1017/S0922156511000148 (About DOI)

Yoram Dinstein, The International Law of Belligerent Occupation, Cambridge, Cambridge University Press, 2009, 287pp., ISBN-9780521896375, £66.00.

Jeannine Drohla

Leiden Journal of International Law / Volume 24 / Issue 02, pp 526 – 531

Published online: 06 May 2011

DOI:10.1017/S092215651100015X (About DOI)

Brian D. Lepard, Customary International Law: A New Theory with Practical Applications, Cambridge, Cambridge University Press, 2010, xx + 419pp., ISBN-9780521191364, £70.00 (hb), ISBN-9780521138727, £38.00 (pb).

Aurel Sari

Leiden Journal of International Law / Volume 24 / Issue 02, pp 531 – 535

Published online: 06 May 2011

DOI:10.1017/S0922156511000161 (About DOI)

Ruth Mackenzie, Cesare P. Romano, and Yuval Shany, with Philippe Sands, The Manual on International Courts and Tribunals. Oxford, Oxford University Press, 2010, xxvi + 547pp., ISBN-978-0-19-954527-8, £95.00

Hugh Thirlway

Leiden Journal of International Law / Volume 24 / Issue 02, pp 535 – 537

Published online: 06 May 2011

DOI:10.1017/S0922156511000173 (About DOI)

……

Netherlands Yearbook of International Law

Volume 41, December 2010

Part I Articles: Necessity Across International Law

Necessity Across International Law: An Introduction

Tarcisio Gazzini, Wouter G. Werner and Ige F. Dekker

Netherlands Yearbook of International Law / Volume 41 / pp 3 – 10

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_1 (About DOI)

Necessity and the Use of Force: A Special Regime

Nicholas Tsagourias

Netherlands Yearbook of International Law / Volume 41 / pp 11 – 44

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_2 (About DOI)

Abstract

Necessity in the Law of Armed Conflict and in International Criminal Law

Gabriella Venturini

Netherlands Yearbook of International Law / Volume 41 / pp 45 – 78

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_3 (About DOI)

State Responsibility, Necessity and Human Rights

Cedric Ryngaert

Netherlands Yearbook of International Law / Volume 41 / pp 79 – 98

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_4 (About DOI)

A Necessity Paradigm of ‘Necessity’ in International Economic Law

Asif H. Qureshi

Netherlands Yearbook of International Law / Volume 41 / pp 99 – 136

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_5 (About DOI)

Necessity in Investment Arbitration

August Reinisch

Netherlands Yearbook of International Law / Volume 41 / pp 137 – 158

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_6 (About DOI)

Necessity in International Environmental Law

Malgosia Fitzmaurice

Netherlands Yearbook of International Law / Volume 41 / pp 159 – 192

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_7 (About DOI)

The Notion of Necessity in the Law of the European Union

Panos Koutrakos

Netherlands Yearbook of International Law / Volume 41 / pp 193 – 218

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_8 (About DOI)

Part II Documentation

Classification Scheme

Netherlands Yearbook of International Law / Volume 41 / pp 221 – 239

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_9 (About DOI)

Netherlands State Practice for the Parliamentary Year 2008–2009

P. van Huizen

Netherlands Yearbook of International Law / Volume 41 / pp 241 – 323

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_10 (About DOI)

Abstract

Treaties and Other International Agreements to Which the Kingdom of the Netherlands is a Party: Conclusions and Developments 2009

M. A. van der Harst

Netherlands Yearbook of International Law / Volume 41 / pp 325 – 365

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_11 (About DOI)

Netherlands Municipal Legislation Involving Questions of Public International Law, 2009

M. A. van der Harst

Netherlands Yearbook of International Law / Volume 41 / pp 367 – 378

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_12 (About DOI)

Abstract

Netherlands Judicial Decisions Involving Questions of Public International Law, 2008–2009

L. A. N. M. Barnhoorn

Netherlands Yearbook of International Law / Volume 41 / pp 379 – 491

Published online: 09 May 2011

DOI:10.1007/978-90-6704-737-1_13 (About DOI)

……

Journal of African and International Law, Volume 3, Number 3, 2010

  • Fiduciary Duties of Directors of Corporations: A Comparative Study of the U.S. Corporate Law and the Organization for Harmonization of Business Law in Africa (OHADA) (Zachee P. Tinhaga)
  • Attaching the Right Meaning to Typical Provisions of Bilateral Investments Treaties (BITs): A Sketch (Amin G. Forji)
  • Congress, War Powers and the Judiciary: Restraining the Commander in Chief’s Ability to Wage War (Ryan C. Hendrickson)
  • Constitutional Reasons Why Nigeria’s “Fourth” Republican Government Is Caught in a Cleft Stick (Ebenezer Adodo)
  • Human Rights in the Ethiopian Constitution: An Overview (Adem K. Abebe)
  • Judicial Ethics and Corruption Practices in the Judiciary in Tanzania: Taking the Matter into Their Own Hands (Kevin Mandopi)
  • ‘Fast-Tracking’ East African Integration and Treaty Law: Pacta Sunt Servanda, Betrayed? (Khoti C. Kamanga)

……

Journal of African and International Law, Volume 3, Number 2, 2010

  • Women’s Rights and Customary Law in Namibia (Oliver C. Ruppel)
  • The Kenyan President Commutes All Death Sentences to Life Imprisonment: The Thorny Issues Ahead (Jamil D. Mujuzi)
  • Income-Tax Revenue-Constraints and the Choice of Tax Reforms in Tanzania: Tax Base or Taxpayers’ Base Reforms (Mugendi F. Kohi)
  • The Responsibility to Protect in International Law and the Opinio Necessitatis of an Accountable International Community (Ludovica Poli)
  • Immunity, Universal Jurisdiction and International Human Rights Litigation: A Critique of the Abdulsalami Abubakar Trial in the U.S. (H.A. Olaniyan)
  • Combating Money Laundering in Tanzania: An Overview of the Legal Framework (Laurent Agola)
  • Bringing Rights Home: The Status of International Legal Instruments in Nigerian Domestic Law (O.V.C. Okene & B.C. Eddie-Amadi)
  • How We Lost the Way: Challenges in the Protection of Refugee’s Rights (Gracieux Mbuzukongira)
  • The United Nations and the Future of Rule of Law (Charles R. Majinge)
  • Developments from International Courts:
  • East African Court of Justice: Attorney General of Kenya v. Prof. Anyang’Nyongo and 10 others (Appeal No. 1 of 2009)

……

Columbia Journal of European Law Online, Volume 16, Issue 1, Spring 2010

  • COMMISSION NOTICE ON THE ENFORCEMENT OF STATE AID LAW BY NATIONAL COURTS (Kaoutzanis, Christodoulos)
  • TOWARDS A NEW EUROPEAN FINANCIAL SUPERVISION ARCHITECTURE (Rodríguez, Pablo Iglesias)
  • “TOO BIG TO FAIL”—SHOULD BREAKING UP LARGE FINANCIAL INSTITUTIONS BE AN ANSWER? U.S. AND EUROPEAN APPROACHES (Greene, Edward and Kirova, Katia)
  • PARALLEL TRADE IN PHARMACEUTICAL PRODUCTS WITHIN THE INTERNAL MARKET: THE RECENT GLAXO JUDGMENT OF THE E.C.J. (Dostert, Anne)
  • RESALE PRICE MAINTENANCE IN E.U. COMPETITION LAW: THOUGHTS IN RELATION TO THE VERTICAL RESTRAINTS REVIEW PROCEDURE (Verras, Nikolaos)
  • FORUM SHOPPING IN EUROPEAN INSURANCE LITIGATION: WHAT WE HAVE LEARNED FROM NEW HAMPSHIRE INSURANCE CO. V. STRABAG BAU (Tsang, King Fung)
  • EUROPE’S REGULATORY REFORM AFTER THE CRISIS — A MACROPRUDENTIAL PERSPECTIVE (Beroš, Marta Božina)
  • EUROPEAN CITIZENS(‘) (MAY SOON TAKE THE) INITIATIVE (Šuchman, Jaroslav)
  • WHEN CAN AGE MATTER? DRAWING THE LINE BETWEEN JUSTIFIABLE DIFFERENTIATIONS ON THE BASIS OF AGE AND IMPERMISSIBLE AGE-BASED DISCRIMINATION: RECENT JUDGMENTS OF THE E.C.J. ABOUT THE ADMISSIBILITY OF AGE-BASED LIMITATIONS IN EMPLOYMENT LEGISLATION (Stump, Krisztina)
  • LATEST DEVELOPMENT IN THE MICROSOFT CASE IN THE EUROPEAN UNION: MICROSOFT OFFICIALLY ALLOWS BROWSER CHOICE TO CUSTOMERS (Tsonchev, Georgi)
  • THE RECENT GREEK CRISIS: HARBINGER OF A NEW CONTAGION? (Inal, Ekin)
  • OF UNITY IN DIVERSITY AND INHERENT TENSIONS: INTERPRETING THE EUROPEAN UNION’S NEW ARCHITECTURE OF FUNDAMENTAL RIGHTS (Kornack, Daniel)

……

European Labour Law Journal, 2010, Number 2

  • Social Rights and Market Freedom in the European Constitution: A Re-Appraisal (S. Giubboni) p.161
  • The Right to Form and to Join Trade Unions for the Protection of His Interests under Article 11 ECHR (F. Dorssemont) p.185
  • The Principle of Proportionality in Viking and Laval: An Appropriate Standard of Judicial Review? (N. Hös) p.236
  • The Economic Perspective in the Reasoning of the ECJ in Age Discrimination Cases (W. Swinnen) p.254
  • European Court of Justice, 19 January 2010, C-555/07 (Seda Kücükdeveci / Swedex GmbH & Co. KG) (G. Rayer) p.264
  • Anti-Crisis Regulations of Polish Labour Law (L. Mitrus) p.269
  • Final Decision in the Laval Case (B. Nyström) p.276
  • German Labour Courts Struggle with Trifles (S. Wekel) p.280
  • A New Declaration at the ILO: What For? (J.-M. Servais) p.286

……

Human Rights Review, Volume 12, Number 2, June 2011
Special Issue: Human Rights as Ideal and Practical Politics – Guest Editors: Joseph Hoover and Marta Iniguez de Heredia

  • Introduction: Human Rights as Ideal and Practical Politics (Joseph Hoover and Marta Iniguez de Heredia) p.145-146
  • Political Myth and the Sacred Center of Human Rights: The Universal Declaration and the Narrative of “Inherent Human Dignity” (Jenna Reinbold) p.147-171
  • Towards a Study of Human Rights Practitioners (Robin Redhead and Nick Turnbull) p.173-189
  • Philosophers, Activists, and Radicals: A Story of Human Rights and Other Scandals (Joseph Hoover and Marta Iñiguez De Heredia) p.191-220
  • Human Rights Enjoyment in Theory and Activism (Brooke Ackerly) p.221-239
  • The Implications and Imperfections of Practice (Kirsten Ainley) p.241-246

Book Reviews

  • Linda Bosniak. The Citizen and the Alien: Dilemmas of Contemporary Membership, Princeton University Press, 2006 (Anna V. Dolidze) p.247-249
  • 251-252 Sonia Cardenas, Human Rights in Latin America: A Politics of Terror and Hope. University of Pennsylvania Press, (James C. Franklin) p.2010
  • Richard P. Hiskes, The Human Right to a Green Future: Environmental Rights and Intergenerational Justice, Cambridge University Press, 2009 (Mahmood Monshipouri) p.253-256
  • Jurgen Matthaeus, ed., Approaching an Auschwitz Survivor: Holocaust Testimony and Its Transformations, New York: Oxford University Press, 2009 (Mari Rethelyi) p.257-258

……

African Human Rights Law Journal, Volume 10, Number 2, 2010
Articles

  • Reflections on the right to development: Challenges and prospects (Mesenbet Assefa Tadeg) p.325
  • The meaning of certain substantive obligations distilled from international human rights instruments for constitutional environmental rights in South Africa (Erika de Wet and Anél du Plessis) p.345
  • Exploring transitional justice as a vehicle for social and political transformation in Kenya (Evelyne Asaala) p.377
  • Towards more liberal standing rules to enforce constitutional rights in Ethiopia (Adem K Abebe) p.407
  • The right to demonstrate in a democracy: An evaluation of public order policing in Nigeria (Isaac Terwase Sampson) p.432
  • The right to inclusive education in Nigeria: Meeting the needs and challenges of children with disabilities (Bukola Ruth Akinbola) p.457
  • Discipline in Nigerian schools within a human rights framework (Susanna Coetzee) p.478

Recent developments

  • The Nigerian Fundamental Rights (Enforcement) Procedure Rules 2009: A fitting response to problems in the enforcement of human rights in Nigeria? (Enyinna Nwauche) p.502
  • Customary law and the promotion of gender equality: An appraisal of the Shilubana decision (Obeng Mireku) p.515
  • The treatment of homosexuality in the Malawian justice system: R v Steven Monjeza Soko and Tiwonge Chimbalanga Kachepa (Louise Price) p.524
  • Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child (Julia Sloth-Nielsen and Benyam D Mezmur) p.534

……

African Human Rights Law Journal, Volume 10, Number 1, 2010
Articles

  • The promotion of regional environmental security and Africa’s common position on climate change (Werner Scholtz) p.1
  • Beyond paper-based affiliate status: National human rights institutions and the African Commission on Human and Peoples’ Rights (Bonolo R Dinokopila) p.26
  • Jurisdiction ratione materiae of the Uganda Human Rights Commission: Making sense of the ambiguity in the jurisprudence (Henry Onoria) p.53
  • Marriage under African customary law in the face of the Bill of Rights and international human rights standards in Malawi (Lea Mwambene) p.78
  • The right to health care in the specific context of access to HIV/AIDS medicines: What can South Africa and Uganda learn from each other? (John C Mubangizi and Ben K Twinomugisha) p.105
  • The African Union and the responsibility to protect (Sabelo Gumedze) p.135
  • Who does the law seek to protect and from what? The application of international law on child labour in an African context (Tendai Charity Nhenga-Chakarisa) p.161
  • Implementing economic, social and cultural rights in Nigeria: Challenges and opportunities (Stanley Ibe) p.197

Recent developments

  • Human rights developments in the African Union during 2009 (Japhet Biegon and Magnus Killander) p.212
  • Human rights developments in African sub-regional economic communities during 2009 (Solomon T Ebobrah) p.233
  • Developments in international criminal justice in Africa during 2009 (Cecile Aptel and Wambui Mwangi) p.265
  • The Human Rights Council’s Resolution on Maternal Mortality: Better late than never (Ebenezer Durojaye) p.293
  • You may not refuse a blood transfusion if you are a Nigerian child: A comment on Esanubor v Faweya (Enyinna Nwauche) p.309

……

Arctic Review on Law and Politics, Volume 1, Number 1, 2010

  • Retten til fiske i havet utenfor Finnmark [The Rights for Marine Fishery outside Finnmark] (Carsten Smith)
  • Mapping Rights in Coastal Sami Seascapes (Camilla Brattland)
  • Indigenous Peoples’ Fisheries Rights – A comparative perspective between Maori and the Sami (Valmaine Toki)
  • Food Fish, Commercial Fish, and Fish to Support a Moderate Livelihood: Characterizations Aboriginal and Treaty Rights to Canadian Fisheries (Douglas C. Harris and Peter Millerd)
  • A Geographical, Historical and Legal Perspective on the Right to Fishery in Norwegian Tidal Waters (Jørn Øyrehagen Sunde)
  • The Greening of Norwegian Fisheries Legislation: Introduction of Environmental Principles to Fisheries Management (Tore Henriksen)

……

Yale Law Journal Online, Volume 120, 2011

  • MANDATORY versus DEFAULT RULES: HOW CAN CUSTOMARY INTERNATIONAL LAW BE IMPROVED? (Curtis A. Bradley, Mitu Gulati) p.421
  • THE NATIONAL SECURITY CONSTITUTION AND THE BUSH ADMINISTRATION (Stephen M. Griffin) p.367
  • WITHDRAWING FROM INTERNATIONAL CUSTOM: TERRIBLE FOOD, SMALL PORTIONS (Carlos M. Vázquez) p.269
  • TREATY DENUNCIATION AND “WITHDRAWAL” FROM CUSTOMARY INTERNATIONAL LAW: AN ERRONEOUS ANALOGY WITH DANGEROUS CONSEQUENCES (Lea Brilmayer, Isaias Yemane Tesfalidet) p.217

……

ASIR Law Review, Volume 14, Number 1, 2011

  • Fleeing for love: asylum seekers and sexual orientation in Scandinavia (Petter Hojem) p.1
  • States of exception: securitisation and irregular migration in the Mediterranean (Luca Miggiano) p.31
  • A promised land for refugees? Asylum and migration in Israel (Karin Fathimath Afeef) p.59
  • Prevention of forced displacement: the inconsistencies of a concept (Josep Zapater) p.87

……

European Labour Law Journal, 2010, Number 1

  • The Internal Market and the Future of Labour Law in Europe: Insights from the Nordic Countries (B. Nyström) p.7
  • Free Movement and Fundamental Rights (R. Nielsen) p.19
  • The Future of Labour Law: Insights from an East European Country (C. Kollonay) p.33
  • The Legal Definition of the Employment Relationship (B. Waas) p.45
  • The Future of Collective Labour Law in Europe (F. Hendrickx) p.59
  • European Integration and Trans-National Employment Regulation: The Company-Level Experience of EFAs in the Metal Sector in Europe (V. Pulignano) p.81
  • Cross-Border Services, Posting of Workers, and Jurisdictional Alternation (S. Evju) p.89
  • European Industrial Relations Between Hard and Soft Law: A Sectoral and Company Perspective (C. Welz) p.99
  • European Works Councils The European Directive 2009/38/EC of 6 May 2009 (R. Blanpain) p.107
  • The Temporary Agency Work Directive (H. Frenzel) p.119
  • Privacy Protection within Electronic Communication.The Disputed Finnish “Lex Nokia” (A. Von Koskull) p.135
  • French Prohibition of Harassment at Work: A Case of Complex Articulation of Moral and Sex, under European Influence (S. Robin-olivier) p.141
  • Dutch Courts Struggle with Severance Pay (E. Verhulp) p.147
  • The Future of Collective Autonomy in Europe – 7th Göttinger Forum on Labour Law (J. Kuhns) p.151

……

Chicago-Kent Journal of Environmental and Energy Law, Volume 1, Issue 1, 2011

  • INTRODUCTION (A. Dan Tarlock)
  • THE RIGHT TO WATER: ANOTHER DESERT MIRAGE (Rishi Nair) p.1
  • SOLVING THE PUZZLE OF NUTRIENT OVERLOAD PIECE BY PIECE (Mary Beth Blauser) p.48
  • THE ROLE OF ENVIRONMENTAL REGULATORY AGENCIES IN THE MANAGEMENT OF HAZARDOUS INDUSTRIES IN INDIA (Aanchal Dua) p.86

……

American University National Security Law Brief, Volume 1, Issue 1, 2010

  • IS “NATIONAL SECURITY LAW” INHERENTLY PARADOXICAL? (Stephen I. Vladeck) p.11
  • THE 9/11 COMMISSION AND THE WHITE HOUSE: ISSUES OF EXECUTIVE PRIVILEGE AND SEPARATION OF POWERS (Daniel Marcus) p.19
  • RETHINKING COMPUTER NETWORK “ATTACK”: IMPLICATIONS FOR LAW AND U.S. DOCTRINE (Paul A. Walker) p.33
  • JUDICIAL REVIEW AS SOFT POWER: HOW THE COURTS CAN HELP US WIN THE POST-9/11 CONFLICT (Dawinder S. Sidhu) p.69
  • THE UNCOMFORTABLE SOFA: ANTI-AMERICAN SENTIMENTS IN SOUTH KOREA AND THE U.S.-SOUTH KOREA STATUS OF FORCES AGREEMENT (Jimmy H. Koo) p.103
  • FIRST LINE DEFENDERS AS SECOND CLASS CITIZENS: COLLECTIVE BARGAINING RIGHTS FOR TSA EMPLOYEES AND NATIONAL SECURITY MAKE GOOD BEDFELLOWS (Mark D. Roth & Jamison F. Grella) p.117
  • ECONOMIC TERROR: MARKET MANIFESTATIONS OF TERROR ATTACKS (Richard V. Rodriguez) p.129
  • CYBERSECURITY: DOMESTIC AND LEGISLATIVE ISSUES (Sean Shank) p.137
  • DECIPHERING THE IRANIAN PARADOX – IT’S NOT LEFT WING, IT’S NOT RIGHT WING, IT’S THE RIGHT THING: NO ENGAGEMENT, NO WAR, THE TIME HAS COME TO SUPPORT THE WILL OF THE IRANIAN PEOPLE (Mora Namdar) p.141

……

International Journal of Human Rights, Volume 15, Number 5, 2011

  • The culturalisation of identity in an age of ‘ethnic conflict’-depoliticised gender in ICTY wartime sexual violence jurisprudence (Daniela Nadj) p.647-663
  • Space, identity, territory: Marichjhapi Massacre, 1979 (Debdatta Chowdhury) p.664-682
  • Constituting sexuality: rights, politics and power in the gay rights movement (Kay Lalor) p.683-699
  • The human right to medicines in relation to patents in sub-Saharan Africa: some critical remarks (Laura Niada) p.700-727
  • Modest harvests: appraising the impact of human rights norms on international economic institutions in relation to Africa (Nlerum S. Okogbule) p.728-748
  • Preventing coups in Africa: attempts at the protection of human rights and constitutions (Frederick Cowell) p.749-764
  • Immutable clauses and judicial review in India, Brazil and South Africa: expanding constitutional courts’ authority (Michael Freitas Mohallem) p.765-786

……

Environmental and Planning Law Journal, Volume 28, Number 3, May 2011

  • Marine bioprospecting in Australia: International regimes and national governance (Shoanne Labowitch) p.159

……

European Journal of Risk Regulation, Issue 4, 2010
SYMPOSIUM ON THE EU’S GMO REFORM

  • The Commission’s New Approach to the Cultivation of Genetically Modified Organisms (Sara Poli) p.339
  • What Price Flexibility? – The Recent Commission Proposal to Allow for National “Opt-Outs” on GMO Cultivation under the Deliberate Release Directive and the Comitology Reform Post-Lisbon (Maria Weimer) p.345
  • The New Strategy on Coexistence in the 2010 European Commission Recommendation (Justo Corti Varela) p.353
  • EU GM Crop Regulation: A Road to Resolution or a Regulatory Roundabout? (Shane Morris and Charles Spillane) p.359

ARTICLES

  • Do Lawyers Knead the Dough? – How Law, Chaos, and Uncertainty Interact (Thomas Burri) p.371
  • A Hybrid within a Hybrid: Contextualising REACH in the Process of European Integration and Constitutionalisation (Poul F. Kjaer) p.383

REPORTS

  • The Fabulous Destiny of Bisphenol A (BPA) (Alberto Alemanno) p.397
  • Safe Use of Food Additives under EU Law (Ioana Ratescu) p.401
  • Seizures of In Transit Generics at the EU Borders: India and Brazil v. the EU (Enrico Bonadio and Carlo Maria Cantore) p.404
  • Mitigating Climate Change through the Promotion of Technology Transfer and the Use of Environmentally Sound Technologies (ESTs): The Role of Intellectual Property Rights (Meir Perez Pugatch) p.408
  • The UN General Assembly to Address Prevention and Control of Non-Communicable Diseases (Benn McGrady) p.419
  • To Label or Not to Label? – It’s More than a Nano-sized Question (Joel D’Silva and Diana Megan Bowman) p.420
  • The Case of Pandemic Flu Vaccines: Some Lessons Learned (Francisco Bombillar) p.427
  • “Lost in Translation”: Scientific Names of Medicine in a Globalized World (Ilaria Del Seppia) p.431
  • Implications of the Risk Communication Guidelines for the European Union (Sweta Chakraborty and Naomi Creutzfeldt-Banda) p.435

WTO

  • Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand (Alessandra Arcuri, Lukasz Gruszczynski and Alexia Herwig) p.437

CASE NOTES

  • Purpose-Bound Patent Protection for Genes (Matthias Lamping) p.445
  • Conflicting Notifications in the EU’s Rapid Alert System for Food and Feed (RASFF): ‘Destabilization’ in Food Risk Comnmunication? (James Lawless) p.451
  • An Illegitimate Decision to Withdraw Medicinal Products from the Market: Any Room for Compensation? (Vincenzo Salvatore) p.455
  • Again: No Direct Effect of the Most-Favoured-Nation Clause (Sven Simon) p.459
  • Prior Authorisation Schemes: Trade Barriers in Need of Scientific Justification (Bernd van der Meulen) p.465
  • Possibilities for Locus Standi and Non-Contractual Damages for Private Parties under the European Emissions Trading Scheme (Josephine van Zeben) p.473

……

American Journal of Comparative Law, Volume 59, Number 2, Spring 2011
ARTICLES

  • Choice of Law in the American Courts in 2010: Twenty-Fourth Annual Survey (Symeon C. Symeonides) p.303
  • Private International Law Bibliography 2009-10: U.S. and Foreign Sources in English (Symeon C. Symeonides) p.395
  • Cooperative Legalism and the Non-Americanization of European Regulatory Styles: The Case of Date Privacy (Francesca Bignami) p.411
  • Proportionality and the Culture of Justification (Moshe Cohen-Eliya & Iddo Porat) p.463
  • Sustainable Decentralization: Power, Extraconstitutional Influence, and Subnational Symmetry in the United States and Spain (James A. Gardner & Antoni Abad I Ninet) p.491
  • Choosing Judges in Brazil: Reassessing Legal Transplants from the United States (Maria Angela Jardim de Santa Cruz Oliveira & Nuno Garoupa) p.529
  • China’s New Conflicts Code: General Issues and Selected Topics (Guangjian Tu) p.563

BOOK REVIEWS

  • Katharina Boele-Woelki, Unifying and Harmonizing Substantive Law and the Role of Conflict of Laws (Bénédicte Fauvarque-Cosson) p.591
  • Christian Joppke, Citizenship and Immigration; Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality The Citizenship Puzzle (Liav Orgad) p.594
  • Vicki C. Jackson, Constitutional Engagement in a Transnational Era (Melissa A. Waters) p.602
  • Books Received p.609

……

Cahiers de Droit, Volume 51, Number 3-4, 2010

  • L’eau, dans tous ses états! (Kristin Bartenstein, Paule Halley et Sophie Lavallée) p.489
  • Crown Ownership of Water in situ in common Law Canada: Public Trusts, Classical Trusts and Fiduciary Duties (Jane Matthews Glenn) p.493
  • The Human Right to Water in South Africa and the Mazibuko Decisions (Tracy Humby and Maryse Grandbois) p.521
  • Au-delà d’une ressource naturelle: quels critères faut-il privilégier pour doter l’eau douce et le cycle hydrologique d’un statut spécifique? (Sylvie Paquerot) p.541
  • L’evolution du droit de l’assainissement en France: une mise aux normes sous contrainte (Pascale Steichen) p.567
  • L’eau, une ressource collective: portée de cette désignation dans la Loi affirmant le caractère collectif des ressources en eau et visant à renforcer leur protection (Madeleine Cantin Cumyn) p.595
  • L’eau, chose commune à l’usage de tous: l’État québécois a-t-il les moyens de donner effet à ce statut? (Suzanne Comtois et Bianca Turgeon) p.617
  • Les cours d’eau: entre droit de propriété et droits d’usage. L’exemple français (François Goliard) p.637
  • À qui profitent les eaux des glaciers de montagne? (Fabienne Quilleré-Majzoub et Tarek Majzoub) p.659
  • Les contrats de rivière en France: enjeux, acteurs et territoires (Alexandre Brun) p.679
  • La protection de l’eau potable grâce à l’agriculture biologique: l’exemple de la Ville de Munich (Ingeborg Krimmer) p.705
  • Cleaning Up after the Log Drivers’ Waltz: Finding the Ottawa River Watershed (Jamie Benidickson) p.729
  • Inter-local Water Agreements: Law, Geography, and the NAFTA (Patrick Forest) p.749
  • L’eau douce, son exportation et le droit constitutionnel canadien (Yenny Vega Cardenas et Nayive Biofanny Vega) p.771
  • The Emergence of Environmental Flow Protection in Québec Law (Hugo Tremblay) p.801
  • La gestion du niveau d’eau des barrages-réservoirs au Québec: aspects juridiques et environnementaux (Catherine Choquette, Édith Guilhermont e….) p.827
  • La politique de l’eau de l’Union européenne: vers une gestion quantitative des ressources hydriques? (Teres Elola Calderón) p.859
  • Plus l’eau a de gardiens, plus elle est en péril (Daniel Bouchard et Hélène Gauvin) p.879
  • Le droit de l’eau en France entre permanences et mutations (Jean-Louis Gazzaniga et Xavier Larrouy-Castéra) p.899
  • Aménager, canaliser, encadrer juridiquement les rivières du Québec le poid de l’histoire? (David Gilles) p.923
  • La Cour de justice de l’Union européenne et la qualité de l’eau: reflets jurisprudentiels des paradoxes de la politique de l’eau d l’Union (Nathalie Hervé-Fournereau) p.947
  • Livres reçus p.981

……

Bulletin of the Atomic Scientists

May/June 2011; 67 (3)

Special issue on the Biological Weapons Convention Review Conference

Stanford Ovshinsky: Pursuing solar electricity at a cost equal to or lower than that of coal electricity

Bulletin of the Atomic Scientists May/June 2011 67: 1-7,doi:10.1177/0096340211406877

Nicholas A. Sims

A simple treaty, a complex fulfillment: A short history of the Biological Weapons Convention Review Conferences

Bulletin of the Atomic Scientists May/June 2011 67: 8-15,doi:10.1177/0096340211407400

Katherine Bowman, Kathryn Hughes, and Jo L. Husbands

Moving forward: Trends in science and technology and the future of the Biological Weapons Convention

Bulletin of the Atomic Scientists May/June 2011 67: 16-25,doi:10.1177/0096340211407049

Filippa Lentzos

Strengthening the Biological Weapons Convention confidence-building measures: Toward a cycle of engagement

Bulletin of the Atomic Scientists May/June 2011 67: 26-33,doi:10.1177/0096340211406876

Caitríona McLeish

Status quo or evolution: What next for the intersessional process of the Biological and Toxin Weapons Convention?

Bulletin of the Atomic Scientists May/June 2011 67: 34-43,doi:10.1177/0096340211406878

Brian Rappert

A teachable moment for biological weapons: The Seventh BWC Review Conference and the need for international cooperation in education

Bulletin of the Atomic Scientists May/June 2011 67: 44-50,doi:10.1177/0096340211406875

Feature

Jungmin Kang

South Korea in focus: The politics of spent fuel storage and disposal

Bulletin of the Atomic Scientists May/June 2011 67: 51-58,doi:10.1177/0096340211407146

Robert J. Goldston and Alexander Glaser

Inertial confinement fusion energy R&D and nuclear proliferation: The need for direct and transparent review

Bulletin of the Atomic Scientists May/June 2011 67: 59-66,doi:10.1177/0096340211407562

……

IGENTA International Law Database Search

10 May 2011

Record 1.

TI: The international legal context governing intercountry adoptions by gay men and lesbians

AU: Dambach, Mia

JN: Adoption Fostering Journal

PD: Spring 2011

VO: 35

NO: 1

PG: 65-77(13)

PB: British Association for Adoption and Fostering

IS: 0308-5759

Record 2.

TI: The Article 12(3) Declaration of the Palestinian Authority, the International Criminal Court and International Law

AU: Shaw, Malcolm N.

JN: Journal of International Criminal Justice

PD: 19 May 2011

VO: 9

NO: 2

PG: 301-324(24)

PB: Oxford University Press

IS: 1478-1387

Record 3.

TI: Why and How to Make an International Crime of Medicine Counterfeiting

AU: Attaran, Amir; Bate, Roger; Kendall, Megan

JN: Journal of International Criminal Justice

PD: 19 May 2011

VO: 9

NO: 2

PG: 325-354(30)

PB: Oxford University Press

IS: 1478-1387

Record 4.

TI: The Controversy over Territorial State Referrals and Reflections on ICL Discourse

AU: Robinson, Darryl

JN: Journal of International Criminal Justice

PD: 19 May 2011

VO: 9

NO: 2

PG: 355-384(30)

PB: Oxford University Press

IS: 1478-1387

Record 5.

TI: First Decisions on the Admission of Evidence at ICC Trials

AU: Caianiello, Michele

JN: Journal of International Criminal Justice

PD: 19 May 2011

VO: 9

NO: 2

PG: 385-410(26)

PB: Oxford University Press

IS: 1478-1387

Record 6.

TI: Ending corruption in Africa through United Nations inspections

AU: YEH, STUART S.

JN: International Affairs

PD: May 2011

VO: 87

NO: 3

PG: 629-650(22)

PB: Blackwell Publishing Ltd

IS: 0020-5850

Record 7.

TI: Was Iraq an unjust war A debate on the Iraq war and reflections on Libya

AU: FISHER, DAVID; BIGGAR, NIGEL

JN: International Affairs

PD: May 2011

VO: 87

NO: 3

PG: 687-707(21)

PB: Blackwell Publishing Ltd

IS: 0020-5850

Record 8.

TI: Book reviews

AU:

JN: International Affairs

PD: May 2011

VO: 87

NO: 3

PG: 717-762(46)

PB: Blackwell Publishing Ltd

IS: 0020-5850

Record 9.

TI: The Philosophy of International Law Edited by Samantha Besson and John Tasioulas

AU: SMITH, STEPHEN ELIOT

JN: Journal of Applied Philosophy

PD: May 2011

VO: 28

NO: 2

PG: 221-223(3)

PB: Blackwell Publishing Ltd

IS: 0264-3758

Record 10.

TI: UN Sanctions: Where Public Law Meets Public International Law

AU: White, Nigel D.

JN: Modern Law Review

PD: May 2011

VO: 74

NO: 3

PG: 456-478(23)

PB: Blackwell Publishing Ltd

IS: 0026-7961

Record 11.

TI: International Relations studies in Asia: distinctive trajectories

AU: Alagappa, Muthiah

JN: International Relations of the Asia-Pacific

PD: 5 May 2011

VO: 11

NO: 2

PG: 193-230(38)

PB: Oxford University Press

IS: 1470-482X

Record 12.

TI: The development of International Relations theory in the UK: traditions, contemporary perspectives, and trajectories

AU: Brown, Chris

JN: International Relations of the Asia-Pacific

PD: 5 May 2011

VO: 11

NO: 2

PG: 309-330(22)

PB: Oxford University Press

IS: 1470-482X

IV. Blogs/reviews/comment (select items)

Ole W. Pedersen, Climate Change and Geo-engineering, International Law Observer (May 11, 2011)

Ingrid Wuerth, Alien Tort & U.S. Common Law, IntLawGrrls (May 11, 2011)

Curtis Bradley, Interesting Case Concerning the President’s Recognition Power, Lawfare (May 10, 2011)

Library of Congress, Italy: Measure to Counter Foreign Takeovers, Global Legal Monitor (May 10, 2011)

Daniel Firger, A Novel Use of the Public Trust Doctrine, Climate Law Blog (May 10, 2011)

Muneer Awad, Stopping Anti-Sharia Bans, Blog of Rights (ACLU)(May 10, 2011)

Robert Chesney, Advocacy Group Proposes to Sue Drone Operators in the US, Lawfare (May 10, 2011)

Edwin S. Lyman, Nuclear Safety Post-Fukushima: A Victory for the Public’s Right to Know, Bulletin of the Atomic Scientists (May 10, 2011)

Luisa Blanchfield, United Nations System Efforts to Address Violence Against Women, International Humanitarian Policy (May 10, 2011)

Bonita Meyersfeld, A Thinly Cast Veil, IntLawGrrls (May 10, 2011)

RECOFTC, Asia’s Real Contribution to the Global Health of Forests, The Center for People and Forests (May 10, 2011)

Ori Herstein, Backwards and Forwards Between Human Rights and Morality: Why Deliberating with (Unreflective) Human Rights Lawyers Can Be Troubling, PrawfsBlog (May 9, 2011)

Marie O’Leary, Two Pirates, 878 Years in Prison, International Criminal Law Bureau (May 9, 2011)

Max du Plessis and Christopher Gevers, ICC: The Proper Balance Between Independence and Oversight, War and Law (May 9, 2011)

Steve Smith, African Fishermen Tell EU Fleets: Stop Stealing Our Fish!, Making Waves (Greenpeace)(May 9, 2011)

Graeme Hall, Super Injunctions, Bin Laden and Two Key Inquests – Human Rights Roundup, UK Human Rights Blog (May 9, 2011)

Kenneth Anderson, Khatchadourian on the OBL Rules of Enagament, The Volokh Conspiracy (May 9, 2011)

Laurie Blank, Finding the Paradigm: Investigating Bin Laden’s Demise, Jurist Forum (May 8, 2011)

Fernando Teson, The Killing of Bin Laden, Bleeding Heart Liberals (May 8, 2011)

Richard Baldwin, World Trade Regime at an Historic Choice Point, East Asia Forum (May 8, 2011)

Anastasia Telesetsky, Toward Better Environmental Governance, IntLawGrrls (May 7, 2011)

John Bellinger, The Administrations Puzzling Failure to Explain the Legal Basis for Bin Laden’s Killing, Lawfare (May 7, 2011)

Jeremy Waldron, Targeted Killing, LRB Blog (London Review of Books)(May 7, 2011)

Haim Baram, Obama Murdered Bin Landen for a fistful of Votes, Haaretz.com (May 7, 2011)

Ed Jeremy, Osama Bin Laden: A Just Death?, International Criminal Law Bureau (May 6, 2011)

Marko Milanovic, When to Kill and When to Capture, EJIL: Talk! (May 6, 2011)

Mallika Kaur, How the Face of Terrorism May Be Allowed to Further Terrorize, IntLawGrrls (May 6, 2011)

Kenneth Anderson, UN Special Rapporteurs Demand Information to Justify OBL Killing, and What Holder Should Have Said and Koh Should Have Said, Volokh Conspiracy (May 6, 2011)

CNN, Full Statement for al-Qaeda on Osama bin Laden’s Death, This Just In (CNN)(May 6, 2011)

Kenneth Anderson, Armed Conflict with Al Qaeda, Opinio Juris (May 6, 2011)

Peter Erlinder, ‘Genocide Denial’ and the ICTR: Reflections of a Former Defense Counsel, JURIST – Forum (May 6, 2011)

Kari Birdseye, Melting of Arctic Isn’t on Radar Screen of Arctic Council, Earthjustice (May 6, 2011)

Gabriel Eckstein, The Hydro-Challenges of the New State of South Sudan in the Nile Basin, International Water Law Project Blog (May 6, 2011)

Ashley S. Deeks, Pakistan’s Sovereignty and the Killing of Osama Bin Laden, ASIL Insights (May 5, 2011)

Kenneth Anderson, Should John Brennan or Eric Holder Simply Have Quoted Harold Koh, Opinio Juris (May 5, 2011)

American Constitutional Society, Debate Over Torture Should Have Been Avoided, Professor Yeoman Writes, ACSBlog (May 5, 2011)

The Editors, Bin Laden’s Killing Raises Human Rights Questions, Human Rights Now (Amnesty International)(May 5, 2011)

Robert Chesney, Meanwhile in Yemen…the of Lethal Force Against AQAP in Yemen Continues, Lawfare (May 5, 2011)

Gabor Rona, Was Killing Osama Bin Laden Legal?, Human Rights First (May 5, 2011)

Robert Chesney, The UBL Operation as Precedent for Indian Interventions in Pakistan, Lawfare (May 5, 2011)

Jeffery D. McCausland, The Death of Osama Bin Laden, Carnegie Council (May 5, 2011)

Christiana Ochoa, Brazil/Inter-American Commission Standoff, IntLawGrrls (May 5, 2011)

Curtis Dobbler, The Illegal Killing of Osama Bin Laden, Jurist Forum (May 5, 2011)

Sourabh Gupta, Doha: US Shifting the Goal Posts in International Negotiations, East Asia Forum (May 5, 2011)

Beth Van Schaack, Entry Into Force of Aggression Amendments, IntLawGrrls (May 5, 2011)

Kenneth Anderson, Suppose John Brennen Had Simply Repeated Harold Koh?, The Volokh Conspiracy (May 5, 2011)

William A. Schabas, Murder in Pakistan, PhD Studies in Human Rights (5 May 2011)

Raffi, Khatchadourian, Bin Laden: The Rules of Engagement, The New Yorker (May 4, 2011)

Amos N. Guiora, Targeting Bin Laden: Legal, Geopolitical and Strategic Issues, Jurist Forum (May 4, 2011)

Michael W.S. Ryan, The Implications of Bin Laden’s Death for America, Terrorism Monitor (May 4, 2011)

Mary Ellen O’Connell, The bin Laden Aftermath: Abbottabad and International Law, The AFPAK Channel (Foreign Policy)(May 4, 2011)

Raj Patel, Can the World Feed 10 Billion People? Argument (Foreign Policy)(May 4, 2011)

Simon Lester, Barriers to Trade in Legal Services, International Economic Law and Policy Blog (May 4, 2011)

Max Elliott, Domestic Violence Victims Seek Protection Using International Human Rights Law, Global Rights Forum (May 4, 2011)

V. Gray Literature/Newsletters (select items)

IPCC, Special Report on Renewable Energy Resources and Climate Change Mitigation (May 2011)

Security Council Report, Working Together for Peace and Security in Africa: The Security Council and the AU Peace and Security Council, Special Research Report (No. 2, 10 May 2011)

Søren E. Lütken, Indexing CDM Distribution: Leveling the Playing Field (UNEP RISØ Centre)(CD4CDM Working Paper Series, No. 10, May 2011)

World Resources Institute, WRI Annual Report 2010 (May 2011)

VI. Podcasts/Videos

Cambodia Tribunal Monitor, Trial Footage, CTM (May 4, 2011)

CNN, Experts: Bin Laden Kill Clearly Legal, CNN Video (May 4, 2011)

World Bank, Conflict and Fragility, World Development Report 2011 (Apr. 27, 2011)

VII. Documents/Negotiations/Practice

Journal of the United Nations

UNCTAD, Draft Principles on Promoting Responsible Foreign Lending and Borrowing (May 2011)

Fourth United Nations Conference on Least Developed Countries, 9-13 May 2011, Istanbul, Turkey

Foreign & Commonwealth Office, A joint statement by the Sudan Troika (United States, United Kingdom, and Norway) on recent developments in Sudan, following the visit by Troika Development Ministers from May 7-8, FCO (10 May 2011)

U.S. Congress. Senate. Banking, Housing, and Urban Affairs Committee. Continuing oversight on international cooperation to modernize financial regulation, hearing before the Subcommittee on Security and International Trade and Finance, 111th Congress, 2nd session, on collaborative international efforts to promote financial regulatory reform, July 20, 2010. 50 p. http://purl.fdlp.gov/GPO/gpo5907 (Text)http://purl.fdlp.gov/GPO/gpo5908 (PDF) ISBN: 0160877962

VIII. Press Releases/Newsletters (select items)

ABA International Human Rights e-Brief, 9 MAY 2011 / Issue No. 449

International Centre for Trade and Sustainable Development, Bridges Weekly Trade Digest, Vol. 15, No. 16 (4 May 2011)

OAS, OAS Permanent Council Analyzes the Effectiveness of the Implementation of the Inter-American Democratic Charter, Press Release (May 4, 2011)

Security Council Report, Protection of Civilians, Update Report (3 May 2011)

International Commission of Jurists, E-Bulletin on Counter-terrorism and Human Rights, No. 52 (April 2011)

UN Convention to Combat Desertification, UNCCD News (Jan-Feb 2011)

IX. Media (select sources/select items)

A. News Aggregators

UN Daily News

United Nations Foundation, UN WIRE

Foreign Policy, Passport (Morning Brief)

Jurist Paper Chase

AllAfrica.com

 

B. International News Sources

C. A Narrow Selection of Stories

Scott Shane, Bin Laden’s Son Says U.S. Violated International Law, New York Times (May 10, 2011)

Aljazeera, Kuwait to Replace Syria for UN Body Bid, Aljazeera (10 May 2011)

BBC, EU Sanctions Target Syria Elite in Bid to End Violence, BBC News Europe (10 May 2011)

AP, Syria Reportedly Detains Hundreds in Fresh Raids, NPR (May 9, 2011)

UN News Centre, UN meeting on sustainable development making vital progress, chairman says,  UN News Service ( 9 May 2011)

UN News Centre, Clean development projects under UN climate change pact top 3,000, UN News Service (6 May 2011)

Cambodia Tribunal Monitor, Articles for April 2011, CTM (May 4, 2011)

Bill Varner, World Population Forcast to Hit 10.1 Billion by 2010, UN Says, Bloomberg (May 4, 2011)

UN News Centre, Kyrgyzstan: UN rights chief urges follow-up action on report on ethnic violence, UN News Service (4 May 2011)

Thalif Deen, Syria’s Crackdown Undermines Claim for Seat on Human Rights Council, InterPress Service (May 2, 2011)

AFP, West Battles to Keep Syria Off Human Rights Council, AFP (Apr. 28, 2011)


* Prepared by Donald K. Anton, The Australian National University College of Law, with the assistance of ANU College of Law students: Caitlin Powell & Kate Robinson.  This digest draws on independent research together with information gleaned from the RSS feeds of a host of international law publishers, law libraries, and blogs.

§ Information contained in the digest is current to 5.00 pm (local Canberra time) the day before issue.

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