Anton’s Weekly Digest of International Law Scholarship, Vol. 2, No. 9 (03 Mar 2011)

Anton’s Weekly Digest of International Law Scholarship
(email subscription at http://mailman.anu.edu.au/mailman/listinfo/intlawprofessors)

CLICK HERE FOR A PDF VERSION OF THIS ISSUE OF THE DIGEST

Vol. 2, No. 9
(04 Mar 2011)

Contents

I. SSRN Legal Scholarship Network/bepress Legal Repository/NELLCO Legal Scholarship Repository/Publishers Advances
II. Books
III. Journals
IV. Blogs (select items)
V. Podcasts/Videos
VI. Gray Literature/Newsletters/Webtools
VII. Documents/Negotiations
VIII. Media/Press Releases (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 Greener Revolution: Using the Right to Food as a Political Weapon Against Climate Change

Graham Frederick Dumas
New York University (NYU) – School of Law
New York University Journal of International Law and Politics (JILP), Vol. 43, No. 1, 2010
This paper looks to the connection between the right to food and climate change – specifically the way that climate change may impinge on a state’s ability to respect, protect, and fulfill that right. Because of the difficulty of adjudicating the right to food in court, the added dimension of climate change would make such a process nearly impossible. For that reason, I conclude that the more appropriate approach to combating climate change is to use the right to food as a platform for domestic and international political pressure.

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Protection of Traditional Knowledge: Trade Barriers and the Public Domain

David Robert Hansen
University of North Carolina (UNC) at Chapel Hill
. . . This paper examines “positive” traditional knowledge protections of expressions, which may represent the strongest conflict with Western IP norms. In many cases these protections regulate works that Western eyes would view as in the public domain; often times, works that are then regulated directly by a government agency under TK protection laws. Despite these differences, there have been initiatives to provide international protection for traditional knowledge expressions. This paper makes the point that at least some of these protections not only violate IP-policy norms of the United States and the European Community, but also that these protections violate the very terms of TRIPS and GATT. The paper highlights these incompatibilities as further evidence of the deep conflict between TK protections and Western IP policy. It concludes that policy makers should be aware of the friction that the grant of these rights will cause in trade negotiations, and should be particularly sensitive to the legal objections when negotiating international protection of TK rights that are at odds with their own country’s IP policy.

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International Environmental Agreements in the Presence of Adaptation

Walid Marrouch
CIRANO; HEC Montreal; Lebanese American University
Amrita Ray Chaudhuri
Tilburg University – Center and Faculty of Economics and Business Administration; Tilburg Law and Economics Center (TILEC)
TILEC Discussion Paper No. 2011-012
We show that adaptive measures undertaken by countries in the face of climate change, apart from directly reducing the damage caused by climate change, may also indirectly mitigate greenhouse gas emissions by increasing the stable size of international agreements on emission reductions. Moreover, we show that the more e¤ective the adaptive measure in terms of reducing the marginal damage from emissions, the larger the stable size of the international environmental agreement. In addition, we show that larger coalitions, in the presence of adaptation, may lead to lower global emission levels and higher welfare.

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Self-Defence in Response to Attacks by Non-State Actors in the Light of Recent State Practice: A Step Forward?

Raphaël Van Steenberghe
affiliation not provided to SSRN
Leiden Journal of International Law, Vol. 23, pp. 183-208, 2010
This article analyses the recent state practice in which the right of self-defence has been invoked in order to justify the use of force in response to attacks by non-state actors. The main purpose of this analysis is to determine whether the law of self-defence has evolved through this practice. It is submitted that the latter confirms the tendency, evidenced by the US operation ‘Enduring Freedom’ in Afghanistan in 2001, towards allowing states to respond in self-defence to private armed attacks, that is, attacks which are committed by non-state actors only. The article also aims to shed some light on other fundamental conditions of the law of self-defence which played a significant role in the legal assessment of the recent state practice. It is argued in this respect that this practice confirms that any armed attack must reach some level of gravity – which may be assessed by accumulating minor uses of force – in order to trigger the right of self-defence, and that proportionality of the action taken in self-defence may be assessed in quantitative terms, but only as a means of making a prima facie judgement about the necessity of this action.

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Article 37(2) of the ILO Constitution: Can an ILO Interpretive Tribunal End the Hegemony of International Trade Law?

Justin A. Fraterman
Georgetown University Law Center
Georgetown Journal of International Law, Vol. 42, No. 3, 2011
At its November 2008 meeting, the Committee on Legal Issues and International Labour Standards of the International Labour Organization’s (ILO) Governing Body recommended that the International Labour Office prepare a study on improving the interpretation and implementation of international labor agreements and the ILO supervisory mechanism more generally. Amongst the issues the Office was asked to consider was the resuscitation of Article 37(2) of the ILO Constitution, a long-dormant provision allowing for the creation of an ‘in-house’ tribunal for the resolution of disputes or questions relating to the interpretation of ILO conventions. As a result, it appears that the ILO may seriously be considering the creation of such a tribunal for the first time since 1993. In the light of this possible innovation in the ILO’s organizational architecture, this paper will explore the parameters and modalities according to which an Article 37(2) tribunal might operate, its possible interaction with the existing ILO supervisory mechanism and its potential role within the larger universe of international law. This essay will situate this possible development within the larger debate on fragmentation and examine the degree to which such a tribunal could serve as a valuable counterweight to the WTO’s dispute settlement system, thereby providing the ILO with an effective response to the hegemony of international trade law. This paper posits that while a new ILO interpretive tribunal would go a long way to clarifying the nature of obligations under international labor law, its likely lack of concrete enforcement power would ultimately prevent it from ensuring compliance with ILO Conventions.

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Measuring TRIPS Compliance and Defiance: The WTO Compliance Scorecard

Edward Lee
Illinois Institute of Technology – Chicago-Kent College of Law
Journal of Intellectual Property Law, Vol. 18, No. 2, 2011
This Article proposes the tabulation of a TRIPS Compliance Scorecard measuring a country’s attempt to correct any treaty violation that a WTO panel or the Appellate Body has found against the country. The scorecard can provide greater transparency and attention to member compliance with WTO treaty obligations, and it would enable greater cross-country comparisons. Part I surveys the number of IP disputes brought before the WTO since its inception (2005 to 2011), with particular focus on those disputes that culminated in a panel or Appellate Body decision. Part II proposes the WTO’s adoption of a TRIPS Compliance Scorecard that will keep track of a country’s response to correct its violation. Two alternative methods are offered – a simple and a complex score to track the violating country’s response. Scorecards are computed for WTO countries under both methods; in both cases, the U.S. ends up with the lowest score in 2011. Part III discusses other measures that can be adopted alongside the TRIPS Compliance Scorecard, including computing scorecards for countries’ compliance in all other WTO disputes and the possibility of imposing procedural penalties on countries with low compliance scores. Part IV addresses objections.

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Transboundary Water Pollution Management: Lessons Learned from River Basin Management in China, Europe and the Netherlands

Xia Yu
Zhejiang University – Guanghua Law School
Utrecht Law Review, Vol. 7, No. 1, pp. 188-203, 2011
Transboundary water pollution management is a challenge for China at this moment in time. By introducing relevant legal arrangements, we mainly discuss the competent authorities, the legal instruments and dispute settlement procedures concerning this issue in China. The experiences from international, EU and Dutch water law gives us a comparative perspective. As a conclusion, we agree that China has set up a basic legal system to solve the problem, but a greater effort can still be made, for instance including more public opinion, clearly defining the competent authorities, and enacting more legislation. At the same time, the Chinese experience, such as a new model for a monitoring system and a target responsibility system, also provides the rest of the world with a new approach.

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Brazil, Indigenous Peoples, and the International Law of Discovery

Robert J. Miller
Lewis & Clark Law School
Micheline D’Angelis
affiliation not provided to SSRN

The Doctrine of Discovery, viewed through the lens of six hundred years of international law, has shaped Brazil’s legal history and laws ever since 1500 when Portugal claimed first discovery of the territory. A comparative law examination of the Doctrine’s long history in Portuguese and European law demonstrates that Portugal’s domination of Brazil was founded on feudal, religious, racial, and ethnocentric justifications. The adaptation of many of the Doctrine’s elements into Portuguese and Brazilian laws and policies for over five hundred years has had profound implications for Indigenous peoples. Brazil’s attempts to create a more positive and equal future for all of its citizens, just as similar efforts in all settler/colonizer societies, must begin with an enlightened recognition of this history and the Doctrine of Discovery. Only then can serious efforts to eradicate the Doctrine from Brazilian law and international law provide some resolution to deeply-rooted issues in a place of justice and healing.

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Secessionist Movements in Western Europe: Is It a Case of Self-Determination?

Diogo De Sousa e Alvim
University of Macau – Faculty of Law

The Basque Country, Catalonia, Scotland and Flanders – what do these regions have in common? They are all regions of member states of the European Union, developed states, with democratic governments under the rule of law. In fact, Spain, United Kingdom and Belgium are examples of states that respect human rights, liberties and social guaranties. These regions also have in common the fact that their peoples have cultural and linguistic differences from the majority of the people of the states they are part of. At last, they are all wealthy regions with a high degree of autonomy and active secessionist movements. In this paper I will analyse the right to self-determination focusing on the question of whether this entails a right to secede. I will then analyse the cases of these four regions of Western Europe and the rights of their peoples.

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Sex on the Bench: Do Women Judges Matter to the Legitimacy of International Courts?

Nienke Grossman
University of Baltimore School of Law

This article seeks to advance our understanding of international courts’ legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women’s participation on eleven of the world’s most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not “think differently,” a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups traditionally excluded from international law-making or historically discriminated against, inclusion likely strengthens sociological legitimacy and continued exclusion perpetuates conclusions about unfairness. Finally, sex representation is important to democratic legitimacy of international courts, although it may endanger sociological legitimacy for constituencies who associate authority with male judges or if women are unqualified or perceived as less qualified.

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A Constitutional Tribute to Global Governance: Overcoming the Chimera of the Developing-Developed Country Dichotomy

Rostam J. Neuwirth
University of Macau – Faculty of Law
European University Institute Law Working Paper No. 2010/20
The past century has seen drastic changes and the pace with which they occur appears yet to be accelerating. It is not only we as individuals who have difficulties following these processes, but also the international legal and institutional framework put in place by previous generations no longer provides efficient responses to the imminent global challenges. It appears that the perennial struggle between continuity and change has reached a new level. This new level is summarized in the global governance debate which is aimed at deepening our understanding of the processes on which our paths depend and, at the same time, at formulating new ideas about new ways we might proceed. However, a global platform on which this debate can unfold is generally absent. International organizations continue their autistic practice and international law fragments further. The question then is how we can create a common platform without a common place to converse. The answer offered in this paper is by starting to create a common vocabulary, as thoughts and words precede and determine our actions. In this global vocabulary, the ‘developing/developed’ dichotomy is one conceptual distinction that, it is argued here, is largely outdated and even malicious in its effects. A survey of its use across various legal contexts not only uncovers institutional fragmentation but also largely contradicts the dynamism inherent in nature. In sum it annihilates the basis for a broader solidarity needed for a more synthetic approach to the solution of many urgent global problems. This conceptual distinction divides the world into so-called ‘developing countries’, on the one hand, and ‘developed countries’, on the other. With a view to contributing to the global governance debate, this ‘constitutional’ reading and comprehensive overview of numerous international and national legal instruments marks an attempt to demonstrate the need for more dynamic processes of governance because, ultimately, we all want to live in ‘developing countries’.

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America’s Longest Held Prisoner of War: Lessons Learned from the Capture, Prosecution, and Extradition of General Manuel Noriega

Geoffrey S. Corn
South Texas College of Law
Sharon Finegan
Loyola University New Orleans – School of Law
Louisiana Law Review, Forthcoming

. . . As America’s longest held Prisoner of War (POW), Noriega’s capture, detention, prosecution, and ultimate extradition provide many important lessons in the balance between the protection of POWs and the flexibility afforded to detaining States to address pre-capture misconduct committed by these captives. It is therefore somewhat ironic that in the post-September 11th debates over the relative merits of extending POW status to captured al Qaeda and Taliban personnel, so little attention has been paid to the plight of General Noriega. His ouster from power, capture, trial, conviction, twenty years of incarceration, and most recent efforts to block extradition offer a fascinating insight into the intersection of national security and law, both domestic and international. What was his status upon capture? If a POW, what was the scope of his lawful immunity, and what was his status upon conviction in a domestic criminal court? How did Congress criminalize his conduct in Panama? Did an invasion to bring him to justice implicate due process concerns? Would his extradition violate the Geneva Prisoner of War Convention, and if so, what remedy did the Convention provide for the General? Through General Noriega’s journey, this article will survey each of these legal issues and the law relied on to resolve them. The authors offer this survey in order to highlight how Noriega’s POW status never really impeded the ability of the United States to address the misconduct it sought to sanction him for. Because the authority to prosecute wartime captives is as important today as it was when the U.S. took Noriega into custody, the authors believe the lesson of Noriega’s experience deserves greater attention, because in many ways it rebuts the flawed assumption that POW status and protection of the nation from individuals who commit pre-capture misconduct directed against the national security interests of the nation are somehow incompatible. . . .

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Environmental Liability in European Private Law

Gerhard Wagner
University of Bonn; Erasmus School of Law

The paper explores environmental liability in European law. One focus is on the European directive on liability with regard to the prevention and remedying of environmental damage of 21 April 2004, another on the legal systems of the Member States. The paper covers compensation for harm caused to the environment as well as liability for harm suffered by individuals from their exposure to toxic substances in their environments.

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The EU Emissions Trading System and Climate Policy Towards 2050: Real Incentives to Reduce Emissions and Drive Innovation?

Christian Egenhofer
Centre for European Policy Studies (CEPS)
Monica Alessi
Centre for European Policy Studies (CEPS)
Anton Georgiev
Centre for European Policy Studies (CEPS)
Noriko Fujiwara
Centre for European Policy Studies (CEPS)

CEPS Special Reports
With the EU Emissions Trading System (ETS) now entering in its seventh year of operation, this report takes stock of the largest multi-sector greenhouse gas trading scheme in the world. It reviews the experiences of the pilot phase from 2005-07, assesses the adjustments introduced in the second phase (2008-12) and looks ahead to the radical changes that will come into effect in the third phase starting in 2013. The assessment is based on a literature review of recently published ex-post analyses and ex-ante studies and draws as well on our own calculations. It investigates the main controversies surrounding the EU ETS, such as its environmental effectiveness, economic rents, windfall profits and fairness, the role of CDM and JI and its impact of on industrial competitiveness. It also evaluates the scheme’s ability to promote innovation and low-carbon technology deployment. Finally, the study addresses the fundamental question of whether the ETS has lived up to its promise to “promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner”, and if not, what are the prospects of its doing so in the future and what additional changes will be required.

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Justice and the Politics of Peace Building: Comparing Experiences in Kosovo, Cambodia and Northern Uganda

Alistair D. Edgar
Wilfrid Laurier University
The IUP Journal of International Relations, Vol. V, No. 1, pp. 47-68, January 2011
What ‘justice’ means, and how or where different forms of justice fit within larger processes of conflict resolution and sustainable peace – such as war-to-peace transitions, ceasefires, peace settlements and post-conflict peace building – are questions that defy simple answers. Peace and justice too often have become idealized or politicized notions, sometimes portrayed as intimately and positively intertwined (no peace without justice), and on other occasions declared as mutually contradictory (no peace settlement without withdrawal of International Criminal Court (ICC) indictments). Serbia/Kosovo, Cambodia and Uganda provide three fascinating case studies of the complex political debates that are attached to the ideas of justice and peace building. In each case, internal (local, national) and external (regional, international) political, social, economic and other influences have played roles in shaping the nature of the ‘justice’ that is sought by various actors in the violent conflicts that have done so much harm to their populations. What emerges from the analysis here is a story not of a single, clear path towards justice, reconciliation and sustainable peace, but rather of a difficult, awkward and uncertain process of balancing goals and claims that at different times can be complementary or contradictory, central or irrelevant, or more often a mixture of values that can change over time and circumstance as well as in the eyes of the beholder.

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Intergenerational Equity and the Antarctic Treaty System: Continued Efforts to Prevent ‘Mastery’

Kees Bastmeijer
Tilburg University
Yearbook of Polar Law, Vol. 3, 2011
Intergenerational equity has rarely been related to the management of Antarctica. This contribution discusses the question to what extent the principle of intergenerational equity has been implemented in the Antarctic Region through the instruments of the Antarctic Treaty system (ATS). A complicated question, not only because the ATS itself is comprehensive, but particularly because intergenerational equity is a complex principle that can be viewed from many angles. This contribution builds on Edith Brown-Weiss’ view that a balanced and fair relationship between generations of humankind depends in part on a responsible relationship between man and nature. On the basis of the rich literature on intergenerational equity and the types of human-nature relationships that have been distinguished by environmental philosophers, the theoretical part of this contribution develops three sub-questions for discussing the ATS. It is concluded that the Consultative Parties have made substantial efforts to implement intergenerational equity for the Antarctic Region, as far as the environmental component of this principle is concerned. The continuing efforts to prevent ‘mastery’ (the term in environmental philosophy for nature subordinated to humanity; see Section 3) and the comprehensive ecosystem approach of the ATS instruments safeguard to a large extent options for future generations to enjoy Antarctica’s environment and natural resources. However, a number of concerns is identified that might limit the ATS’ ability to prevent mastery. Furthermore, because an explicit policy on wilderness protection is lacking, the ATS does not safeguard the option for future generation to value and enjoy Antarctica as one of the last wilderness regions of the earth. This contribution ends with a glimpse into the future: to ensure intergenerational equity in Antarctic management, the ATS must continue and strengthen its efforts to prevent mastery in the Antarctic Region. The best way to ensure this is to prevent ‘no rule’-situations. Such efforts are also in the ATS’ self-interest: ensuring intergenerational equity is important for the stability of the ATS itself as mastery will destroy the balance of interests.

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Permanent Land-Based Facilities for Tourism in Antarctica: The Need for Regulation

Kees Bastmeijer
Tilburg University
Machiel Lamers
Environmental Policy Group
Juan Harcha
affiliation not provided to SSRN
Review of European Community & International Environmental Law (RECIEL), Vol. 17, No. 1, pp. 84-99, 2008
Antarctica is often described as one of world’s last wildernesses. For a very long time, its isolation from human settlements has provided an effective protection from intensive human visitation; however, over the past two decades, human activities in Antarctica – in particular tourist activities – have grown and diversified rapidly. In view of environmental and other concerns, regulating Antarctic tourism has become one of the major issues of debate within the Antarctic Treaty System. One of the questions that has received much attention since 2004 is the question of whether additional measures are needed to regulate (e.g., prohibit) the future development of permanent land-based facilities (e.g., hotels, visitor centres, logistic facilities) for tourism in Antarctica. A number of State governments involved in the Antarctic Treaty System proposed to prohibit such developments; however, the question has not yet received a clear answer. After a brief introduction to the Antarctic Treaty System, this article provides a definition of permanent land-based facilities for tourism and an overview of current and past land-based tourism facilities in Antarctica. Next, the question of whether such facilities are likely to further develop in the near future is discussed and an inventory is made of arguments for and against such developments. In view of the focus of this journal, environmental issues will be discussed first, followed by other consideration. Based on this information, a number of regulatory options are described for consideration by policy makers. The authors argue that there is a need for regulating permanent land-based tourist facilities in Antarctica and in the conclusion of this article they express their views in respect of the most favourable option.

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Rights and Responsibilities for Individuals and NGOs: Moral Challenges Put Forward by the Millennium Development Goals

Willem van Genugten
Tilburg Law School

Human rights lawyers and human rights activists often hesitate or even hate to talk about human responsibilities and responsibilities (in short: duties). This is the case for obvious reasons, which can best be understood in light of the very beginning of the history of human rights, relating to the protection of human beings against the abuse of power by States. Talking too much about duties of human beings (and their societal organisations) would be a nice ‘playing card’ in the hands of authoritarian governments, whether they are communist left, military right or religiously fundamentalist. Despite this, there might be good grounds to talk about human duties, alongside rights. The paper addresses these duties of human beings and their non-governmental organisations towards other human beings and the world society as a whole. The focus is upon a moral appeal connected to forms of accountability, and not upon legally binding obligations. Further to that, the focus is on one selected issue: the need to realise the Millennium Development Goals (MDGs) and the human rights related thereto. Is the MDG-reality ‘ordering’ us to rethink the notion of duties for not only States but for individuals and their organisations as well?

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Has International Law Outgrown Trail Smelter?

Jaye Ellis
McGill University – Faculty of Law
February 21, 2011
The Trail Smelter arbitration, generally considered one of the cornerstones of international environmental law, is an ambiguous and puzzling piece of legal reasoning. The famous dictum in that case appears to stand for a proposition – states are strictly liable for trans-boundary environmental damage arising on their territory – that is not generally accepted in international law. In this paper, the difficulties of reconciling the Trail Smelter arbitration with contemporary international law on environmental protection and on state responsibility are analysed, and recent developments in the field of responsibility and liability for trans-boundary damage are assessed. It is argued that the process of trying to make sense of Trail and seeking to extract lessons from this case can help us to better understand international environmental law – and in particular the difficulties that this body of law poses to the framework of international law.

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Redefining Human Rights Lawyering Through the Lens of Critical Theory: Lessons for Pedagogy and Practice

Caroline Bettinger-Lopez
University of Miami – School of Law
Davida Finger
Loyola University New Orleans – School of Law
Meetali Jain
University of Cape Town (UCT) – Faculty of Law
JoNel Newman
University of Miami – School of Law
Sarah Paoletti
University of Pennsylvania Law School
Deborah M. Weissman
University of North Carolina (UNC) at Chapel Hill – School of Law
Georgetown Journal on Poverty Law Policy, Vol. 18, 2011
University of Miami Legal Studies Research Paper No. 2011-08
. . . As human rights and poverty law clinicians, we initially presented the core themes addressed in this article during a workshop we collectively led at the 2010 AALS Conference on Clinical Legal Education. Here, we seek to further develop these themes. We review the ways in which critical theory has been introduced to address these vexing questions concerning victim essentialization and “othering” in poverty and community development law clinics in the U.S., and then explore strategies for redefining human rights lawyering in a way that is responsive to critical theorists and that informs and expands our teaching, our advocacy, and our students’ sense of what it means to be a human rights lawyer. In the process, we explore the changing role that human rights law and advocacy has come to play in social justice initiatives in the U.S.

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Advancing Women’s Rights in Conflict and Post-Conflict Situations

Fionnuala D. Ni Aolain
University of Minnesota Law School; University of Ulster – Transitional Justice Institute
Proceedings of the 104th Annual Meeting of the American Society of International Law, 2010
Minnesota Legal Studies Research Paper No. 11-11
This comment sets out the challenges and possibilities of the conflict and post-conflict milieu for women and offer some reflections on how international law interfaces with it. Some views are also offered on how feminist theory and practice can help shape our response to collective violence to advance women’s rights and accept women’s needs in situation of complex communal violence.

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International Law and the Expulsion of Individuals with More than One Nationality

William Thomas Worster
The Hague University
UCLA Journal of International Law and Foreign Affairs, Vol. 14, No. 2, p. 423, 2009
A state‘s decision to expel a national is not in itself a violation of international law if the individual has more than one nationality. If a state proposes to expel an individual with a single nationality (the nationality of the expelling state), then the state is prohibited from doing so by international law because it would violate the receiving state‘s sovereignty. The only exception to this rule would be for legitimate derogations from human rights obligations, such as a situation of national emergency.
. . . In sum, the state has the right to expel a dual national and exercising that right does not, in itself, violate international law, although the exercise of the right may be limited by other concerns.

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Empathy and Human Rights: The Case of Slavery

Andras Sajo
Central European University (CEU) – Department of Legal Studies; School of Law; European Coourt of Human Rights
Constitutional Sentiments, Yale University Press, 2011
NYU School of Law, Public Law Research Paper No. 11-15
. . . There is a growing body of scholarship in economics, social sciences and certain areas of law that intends to ‘rehabilitate’ emotion and review human behaviour relying on models of cognition where emotions are at least equal partners in human judgment.  The chapter dealing with the role of empathy is a case study on the first hundred years of the abolition of slavery. This longer time horizon enables us to consider emotional influencing of constitutional law as an interactive process. Compassion played a crucial role in the emotional history of abolitionism, but only within the conditions of modern economy and specific needs of warfare. In this context a fundamental counterfactual problem emerges: why compassion with suffering did not achieve emancipation much earlier, and why only specific sufferings were singled out for human rights protection, when other, comparable sufferings, like that of the poor, and child workers in early capitalism were not?

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Righting Environmental Wrongs: Assessing the Role of Legal Systems in Redressing Environmental Grievances

Joshua Chad Gellers
University of California, Irvine

How can social scientists best explain why courts of last resort have relaxed standing requirements in environmental litigation? How do these changes in legal doctrine impact the pursuit of environmental justice? This paper seeks to address these queries in three stages. First, I survey theories of legal norm change that may prove useful in explaining shifts in legal doctrine. Second, I compare the development of environmental rights and locus standi in the United States, India, and Japan. Third, I assess the extent to which shifts in standing rules in each case can be understood through globalization of law theories or norm entrepreneurship. I conclude by offering that (1) the norm of increased judicial access in environmental litigation is likely to continue to expand due to the growing internationalization of environmental issues; and (2) the study of the globalization of law may offer important insights regarding the future of international environmental justice.

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New Directions in Earth Rights, Environmental Rights and Human Rights: Six Facets of Constitutionally Embedded Environmental Rights Worldwide

James May
Widener University – School of Law
Erin Daly
Widener University – School of Law

IUCN Academy of Environmental Law e-Journal, Vol. 1, 2011
Widener Law School Legal Studies Research Paper No. 11-09
This essay provides an overview of the worldwide phenomenon of constitutional environmental rights. Since the Stockholm Convention, nearly 60 countries have constitutionally entrenched environmental rights, according their citizens basic rights to environmental quality in one form or another. The list is diverse politically, including countries with civil, common law, Islamic, and other traditions. Some of the more recent of these include Kenya in 2010, Ecuador in 2007, France in 2005, Afghanistan in 2004, and South Africa in 1996.  As a result, domestic courts and international tribunals are enforcing constitutionally enshrined environmental rights with growing frequency, reflecting basic human rights to clean water, air, land, and environmental opportunity. Courts have even read environmental rights into constitutions that do not explicitly mention them or where judicial enforcement has been nominally withdrawn. Courts in Southern Asia have led the way, inferring environmental rights from other constitutionally entrenched rights, most commonly a “right to life.” This trend has been most notable in India, Pakistan, Bangladesh, and Nepal where such rights have been read in tandem with directive principles aimed at promoting environmental policy to embody substantive environmental rights.

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Human Dignity, Bioethics and Human Rights

Audrey R. Chapman
University of Connecticut Health Center
Amsterdam Law Forum, Vol. 3, 2011
Commitment to human dignity is a widely shared value. Human dignity also serves as the grounding for human rights. In recent years, protection of human dignity has also emerged as a central criterion for the evaluation of controversial technologies, like cloning and embryonic stem cells. This article addresses the question as to whether human dignity is or could be a useful concept for bioethics and human rights. It begins with a discussion of the under-conceptualisation of human dignity. The next two sections identify the diversity in conceptual approaches to human dignity in bioethics and human rights. The following section considers some of the problems with using human dignity as an evaluative standard. The article then proposes initial developmental steps to enable the concept to be applied in a more precise and meaningful way, based on Martha Nussbaum’s capabilities approach.

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Conflict Prevention Through Natural Resource Management? A Comparative Study

Annegret Mähler
affiliation not provided to SSRN
Miriam Shabafrouz
affiliation not provided to SSRN
Georg Strüver
German Overseas Institute (DUI) – German Institute of Global and Area Studies (GIGA)
German Institute of Global and Area Studies (GIGA) Working Paper No. 158
Natural resources are often held responsible for intrastate conflicts. As a consequence, both national and international measures to avoid the detrimental impact of resource endowments have increasingly been discussed and implemented in resource-rich countries. These measures include stabilization funds, subregional development programs, revenue-sharing regimes, and transparency initiatives. However, comparative empirical studies of the actual impact of these measures, particularly regarding their contribution to conflict prevention, are scarce. This paper contributes to the filling of this gap: combining a medium-N sample of oil-dependent countries and three in-depth case studies (Algeria, Nigeria, and Venezuela), we evaluate different instruments of resource management and their effects on conflict risk factors. On the one hand, the findings do not show any systematic connection between the countermeasures and a reduction in resource-related risks; on the other, the paper highlights common causal factors for the lack of implementation of resource-related countermeasures.

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Make No First Use of Nuclear Weapons: The First Step towards Global Nuclear Disarmament

P. M. Kamath
VPM’s Centre for International Studies
The IUP Journal of International Relations, Vol. V, No. 1, pp. 7-17, January 2011
This paper discusses making No First Use (NFU) of nuclear weapons enshrined in the Indian Nuclear Doctrine as a first step towards nuclear disarmament. The proposal derives its credence from the efforts of the US President Barrack Obama to place nuclear disarmament as an important policy of his administration. Incidentally, the concept of NFU originated in the US, but it is China that put it into practice first, in October 1964 after its first nuclear test. Of the many advantages of the policy of NFU, it is more democratic in contrast to the First Use (FU) policy practiced by the US. Under the policy of FU, per force, nuclear weapons have to be placed with the armed forces for instant use. But in NFU, since nuclear weapons are used only for a second strike, the weapons could be held by a different agency other than the armed forces. India is the only country that has made, “Global, verifiable and nondiscriminatory nuclear disarmament” as a national security objective by including it in the nuclear doctrine. Hence, the step has to be taken for an international treaty amongst the known nuclear powers and threshold states on NFU of nuclear weapons. Noble Peace Laureate, Sir Joseph Rotblat had called for a treaty among Nuclear Weapon States (NWS) that commits them never to be the first to use nuclear weapons. Rotblat rightly thought NFU “would open the way to the gradual, mutual reductions of nuclear arsenals, down to zero.” If each NWS commits not to use nuclear weapon as a weapon of first strike, there shall be no occasion to use them at all. India had introduced such a proposal for consideration in the UN Conference on Disarmament in February 2008. A multilateral agreement under UN should bind the nations to a greater extent to follow the spirit of the treaty.

……

Article 37(2) of the ILO Constitution: Can an ILO Interpretive Tribunal End the Hegemony of International Trade Law?

Justin A. Fraterman
Georgetown University Law Center
Georgetown Journal of International Law, Vol. 42, No. 3, 2011
At its November 2008 meeting, the Committee on Legal Issues and International Labour Standards of the International Labour Organization’s (ILO) Governing Body recommended that the International Labour Office prepare a study on improving the interpretation and implementation of international labor agreements and the ILO supervisory mechanism more generally. Amongst the issues the Office was asked to consider was the resuscitation of Article 37(2) of the ILO Constitution, a long-dormant provision allowing for the creation of an ‘in-house’ tribunal for the resolution of disputes or questions relating to the interpretation of ILO conventions. As a result, it appears that the ILO may seriously be considering the creation of such a tribunal for the first time since 1993.  In the light of this possible innovation in the ILO’s organizational architecture, this paper will explore the parameters and modalities according to which an Article 37(2) tribunal might operate, its possible interaction with the existing ILO supervisory mechanism and its potential role within the larger universe of international law. This essay will situate this possible development within the larger debate on fragmentation and examine the degree to which such a tribunal could serve as a valuable counterweight to the WTO’s dispute settlement system, thereby providing the ILO with an effective response to the hegemony of international trade law. This paper posits that while a new ILO interpretive tribunal would go a long way to clarifying the nature of obligations under international labor law, its likely lack of concrete enforcement power would ultimately prevent it from ensuring compliance with ILO Conventions.

……

Solidarity by Rupture: Anti-Liberalism, Long Lost Longings, and Lessons from Our Evil Twins

Vivek (Vik) Kanwar
Centre on Public Law and Jurisprudence (CPLJ); O.P. Jindal Global University (JGU) – Jindal Global Law School (JGLS)

The organizers of this conference invite us to ask, “What are the blindspots and biases of those critical approaches themselves, and how might a radical international law overcome them?” The repertoire of anti-liberal critique, whether borrowing gestures from Nietzsche or Marx, whether positioned from the Right or Left, is constrained by a limited number of critical moves. This form of critique, in all its forms, is defined against a moving target called “liberalism” which sometimes comes within the same line of fire as a target called “international law.” There is an image of liberal closure that radically diverse strains of critique — luddite or futurist, scholarly or illiterate, authoritarian, self-disciplined or libertarian, post-colonial, ambivalent, fundamentalist, and apollonian, Dionysian, revanchist, revolutionary, reactionary, restorationist, revisionist, promethean, hip and critical, hypocritical, chauvinist, multicultural, primordialist, anarchist, fascist, or aboriginal — gather to tear apart. What is the significance of the solidarity across such incommensurable horizons? In this paper, I wish to examine our own habits of critique by referring to three figures who remain ideologically ambiguous, and whose critiques of International law, and International Criminal Justice in particular are still contested: Tokyo Tribunal Judge Radhabinod Pal, anti-colonialist attorney Jacques Verges and right-wing jurist Carl Schmitt. In examining these thinkers, who stand in relation to each other, and perhaps to us, as “evil twins” we find they are both like us and unlike us in their transvaluation of Western liberal values, couching their deconstructions in less overtly theoretical trappings of professional legalism, aesthetic decadence, or chivalry. I turn to them to reflect upon our own critical repertoires. We shuttle between closure and rupture: often skeptical of liberal legalism in its promise of “closure” and taking recourse language and gesture of “rupture” appeal to both the romantic (venerable and authentic) and the revolutionary (vital and spontaneous). The former offers security (not the kind with blackened boots but a familiar blanket) and the latter offers possibility. We can pay attention to the lives and works of Schmitt, Verges and Pal as they point out an irreducible antagonism between those who would shuttle between romantic and revolutionary rupture and those who seek closure, and perform their own ambivalences between radical realism and honorable legalism. If it is not shuttling between these poles of critique, what is a “radical international law” and can it transcend even the habit of transvaluation?

……

Civilization by Numbers: Indicators and Earlier Techniques of ‘Standardization’ in Global Governance

Vivek (Vik) Kanwar
Centre on Public Law and Jurisprudence (CPLJ); O.P. Jindal Global University (JGU) – Jindal Global Law School (JGLS)
Jindal Global Legal Research Paper
In the 19th and early 20th centuries, publicists of international law, among others, described the performance and states by reference to a ‘standard of civilization.’ The exclusive club of ‘civilizied’ nations defined others and its standards were supposedly high, though these were unevenly defined. Can we compare two phases of ‘standardization?’: (1) the “standard of civilization” referred to within the European Public Law in this earlier period with (2) the modern method of indicators and benchmarking in global governance or governmentality? There is a competitive market in notions of civilization, today packaged as ‘quanti-facts.’

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Mōri v. Japan: The Nagoya High Court Recognizes the Right to Live in Peace

Hudson Hamilton
University of Washington School of Law
Pacific Rim Law & Policy Journal, Vol. 19, No. 3, 2010
The following is a translation of the Nagoya High Court’s decision in Mōri v. Japan, a case challenging the constitutionality of Japan’s deployment of its Self-Defense Forces (“SDF”) to the Middle East in connection with the U.S.-led occupation of Iraq. Beginning in December of 2003, Japan deployed ground and air forces of the SDF to the Middle East, including three C-130H “Hercules” transport aircraft which were used to airlift coalition forces and supplies between Kuwait and Baghdad. In response, more than 5,700 citizens, represented by over 800 attorneys, filed lawsuits in eleven district courts across the country in one of the largest coordinated litigation efforts in modern Japanese history. In Mōri, the plaintiffs argued that the deployment violated their “right to live in peace” [heiwateki seizonken], provided in the Preamble of the Constitution of Japan, which they defined as “the right to live in a Japan that does not engage in war or the use of military force.” . . .
The Nagoya District Court held that the plaintiffs lacked standing . . .. The Nagoya High Court affirmed the district court and dismissed the appeal on standing grounds, holding that the deployment did not infringe on appellants’ right to live in peace. However, the high court stated in dicta that, in certain situations, the right to live in peace is a concrete right. The high court also stated that the integration of the SDF’s air transport activities with the use of force by coalition forces in an international military conflict constituted the use of force by the SDF in violation of Article 9. The Nagoya High Court’s finding of a violation of Article 9 was the first since the Sapporo District Court’s decision in the Naganuma case 35 years before, and the first to be entered as a final judgment. The high court’s recognition of the right to live in peace was also the first since Naganuma, breaking from a series of lower court decisions that dismissed the right to live in peace as merely an abstract concept. Less than a year later, the Okayama District Court followed the Nagoya High Court in recognizing the right to live in peace in a similar SDF Iraq Deployment case, and provided further detail regarding the right’s substance. The Nagoya and Okayama decisions suggest the emergence (or revival) of a new human right in Japan: the right to live in peace.

……

Lawyers and the War

Robert C. Power
Widener University – School of Law
Journal of the Legal Profession, Vol. 34, 2009
Widener Law School Legal Studies Research Paper No. 11-04
This article reviews legal advice provided by Attorney General John Ashcroft and Office of Legal Counsel officials John Yoo and Jack Goldsmith during the war on terrorism. It differs from the other works on this subject in two key respects. First, it includes detailed analyses of their conduct under the Model Rules of Professional Conduct and other pertinent legal ethics codes, such as the D.C. Bar Rules, the Code of Professional Responsibility, and the A.L.I.’s Restatement of the Law of Lawyering, as well as under the Department of Justice’s tradition of providing independent advice to the White House and other executive agencies. Second, it examines their own narratives of the crisis, as reflected in their published memoirs. Providing advice concerning the inter-relationships among international law, the law of war, constitutional law, and federal criminal statutory law requires cautious analysis of constitutional, treaty and statutory language, as well as judicial and executive precedent. The article concludes that Ashcroft and Yoo were ill-suited for their roles, each for different reasons. Ashcroft acted as a policy advocate and politician, while Yoo was an unyielding exponent of an extreme constitutional theory concerning executive power and was unwilling or unable to provide pragmatic “lawyering” advice. Goldsmith, however, recognized that Ashcroft’s lax oversight and Yoo’s aggressive theories opened the door to the repudiation of applicable domestic and international law and mistreatment of detainees. The article concludes that Goldsmith was both a better lawyer and a better soldier in the war on terrorism, as the failings of Ashcroft and Yoo weakened support for Bush administration policies, led to losses in the courts, and may have weakened our ability to respond to terrorism in the future.

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Cosmopolitan Democracy: Paths and Agents

Daniele Archibugi
Italian National Research Council (CNR); University of London – School of Business, Economics and Informatics
David Held
affiliation not provided to SSRN

One of the recurrent criticisms of the project of cosmopolitan democracy has been that it has not examined the political, economic and social agents that might have an interest in pursuing this programme. This criticism is addressed directly in this paper. It shows that there are a variety of paths that, in their own right, could lead to more democratic global governance, and that there are a diversity of political, economic and social agents that have an interest in the pursuit of these. Cosmopolitan democracy is an open-ended project that aims to increase the accountability, transparency and legitimacy of global governance, and the battery of agents and initiatives outlined highlight the direction and politics required to make it possible.

……

How do Governments Respond After Catastrophes? Natural-Disaster Shocks and the Fiscal Stance

Martin Melecky
World Bank
Claudio E. Raddatz
World Bank
World Bank Policy Research Working Paper No. 5564
Natural disasters could constitute a major shock to public finances and debt sustainability because of their impact on output and the need for reconstruction and relief expenses. This paper uses a panel vector autoregressive model to systematically estimate the impact of geological, climatic, and other types of natural disasters on government expenditures and revenues using annual data for high and middle-income countries over 1975-2008. The authors find that, on average budget, deficits increase only after climatic disasters, but for lower-middle-income countries, the increase in deficits is widespread across all events. Disasters do not lead to larger deficit increases or larger output declines in countries with higher initial government debt. Countries with higher financial development suffer smaller real consequences from disasters, but deficits expand further in these countries. Disasters in countries with high insurance penetration also have smaller real consequences but do not result in deficit expansions. From an ex-post perspective, the availability of insurance offers the best mitigation approach against real and fiscal consequences of disasters.

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Targeting, Command Judgment, and a Proposed Quantum of Proof Component: A Fourth Amendment Lesson in Contextual Reasonableness

Geoffrey S. Corn
South Texas College of Law

No decision by a military commander engaged in hostilities has more profound consequence than the decision to launch an attack. Pursuant to the law of armed conflict (LOAC), that decision must be based on the judgment that the object of attack – a person, place, or thing – qualifies as a lawful military objective. This judgment almost always sets in motion the application of deadly combat power, and routinely produces loss of life or grievous bodily injury, often times to individuals and property not the intended object of attack, but considered ‘collateral damage.’ In operational terms, this judgment determines whether the nominated target is lawful. . . . It is clear that the law requires that targeting judgments be reasonable under the circumstances prevailing at the time. What is less clear is the amount of combat information and/or intelligence required to render a judgment reasonable. Because the reasonableness of targeting judgments are and by their nature must be contextually dependent, it is almost inevitable that reasonableness cannot be assessed based on a unitary quantum component. . . . This article proposes a quantum of proof methodology to aid in the operational assessment of target reasonableness. In support of this proposal, the article will provide a comparative analysis of U.S. constitutional Fourth Amendment jurisprudence, focused specifically on the relationship between several distinct quanta standards for assessing reasonableness and the interests they were developed to balance. The article will then discuss the basic foundation of the law of targeting with a particular emphasis on the established presumptions. This will lead to an analysis of how different quantum standards established to define reasonableness in the U.S. Fourth Amendment context offer a logical starting point for providing a similar touchstone for assessing the reasonableness of targeting decisions in armed conflict.

……

Patents in the Global Economy

Matthew Duncan
affiliation not provided to SSRN
Intellectual Property Office, Forthcoming
Queen Mary School of Law Legal Studies Research Paper No. 73/2011
Following implementation of the TRIPS Agreement it has become more widely recognized that, while patents can stimulate the inventive process by avoiding the free-rider problem, by promoting investment in research and development (R&D) and by encouraging diffusion of knowledge, patents can also hinder development if a balance between rewarding inventors and safeguarding the public domain for a wider public good is not achieved. It is in the context of this debate about the role of patents in the global economy that the paper examines in detail: (i) whether patents can be used as a stimulus for invention and innovation; (ii) the role of patents in recently industrialized countries; (iii) the impact of patents on development; (iv) the role of licensing and technology transfer; (v) the impact of the TRIPS Agreement; (vi) public health issues: given that concerns about the appropriateness of the present patent system have focused, in particular, on health and access to medicines in developing countries, alternatives to the present patent system will then be considered in relation to current initiatives to address public health imperatives; and (vii) prospects for the future, particularly in terms of the potential of using patent information to stimulate invention and innovation.

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EU Antitrust Enforcement Powers and Procedural Rights and Guarantees: The Interplay Between EU Law, National Law, the Charter of Fundamental Rights of the EU and the European Convention on Human Rights

Wouter P. J. Wils
European Commission; King’s College London – School of Law
World Competition: Law and Economics Review, Vol. 34, No. 2, June 2011
Concurrences, May 2011
2nd Annual International Concurrences Conference, ‘New Frontiers of Antitrust’, Paris, February 11, 2011
This paper deals with the powers of the European Commission and the competition authorities of the EU Member States to enforce Articles 101 and 102 TFEU, and with the procedural rights and guarantees that circumscribe or limit these powers. It focuses in particular on the interplay between the different sources of law governing these matters: EU and national legislation, the Charter of Fundamental Rights of the EU, the European Convention on Human Rights, and the case-law of the EU Courts and the European Court of Human Rights.

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Is there an International Intellectual Property System? Is there an Agreement between States as to what the Objectives of Intellectual Property Laws should be?

Fiona Rotstein
University of Melbourne – Intellectual Property Research Institute of Australia
European Intellectual Property Review, Vol. 33, No. 1, 2011
U of Melbourne Legal Studies Research Paper No. 524
This article contends that there is an international intellectual property system, and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) sheds light on what the objectives of intellectual property laws should be. However, there are difficulties that occur when applying principles of private international law to multi-jurisdictional intellectual property disputes (particularly in the Australian context) in light of internet technologies.

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Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach

Cortelyou C. Kenney
University of California, Berkeley School of Law
Cardozo Arts & Entertainment Law Journal, Vol. 28, p. 501, 2011
Indigenous cultural artifacts are traditionally seen through the prism of physical property. Disputes over a spectrum of objects from human remains to sacred objects center around who has title and possession, when import and export can be prevented, and under what circumstances remuneration or repatriation are appropriate. Museums, countries of origin, and indigenous descendents fight bitterly over these issues, which are often difficult to resolve given the finite, and highly rivalrous, nature of the objects in question. This Article fundamentally reframes the debate. It posits that artifacts are not just physical property, governed by a physical-property paradigm, but also a species of intellectual property that can be regulated independently of physical status. The IP-based approach to indigenous artifacts asks not who has title to the objects, but how information generated by and related to such objects in the course of research, restoration, curation, display, and handling ought to be treated. . . .

……

Human Rights and Development for India’s Rural Remnant: A Capabilities-Based Assessment

Lisa R. Pruitt
University of California, Davis – School of Law
UC Davis Law Review, Forthcoming
UC Davis Legal Studies Research Paper No. 244
The cachet that India currently enjoys on the world stage is linked largely to the booming high-tech and service economies associated with its megacities. . . .Lack of sustainable development in rural areas is a major force behind the massive rural-to-urban migration across Asia. An enormous challenge currently facing India and many of its neighbors is thus how to manage the migration. . . . This Article considers India’s uneven development across the rural-urban axis through the lens of the capabilities framework developed by Amartya Sen and Martha Nussbaum. The capabilities approach argues for universal human rights based on a recognition of each human being “as an agent and an end” and calls for a “threshold level of each capability” below which citizens are not truly functioning as humans. . . . In using a capabilities frame for assessing India’s approach to rural development, this Article attends particularly to the life, bodily health, and education capabilities, arguing that India should aspire to a degree of parity across the rural-urban axis in providing these foundational capabilities. Further, the Article analogizes rurality to disability and gender as a crucial characteristic to which government should attend in programming to meet the needs of rural citizens. The Article also considers briefly the potential of the Indian Constitution to mitigate distributive inequities associated with government’s relative neglect of rural populations. Finally, the Article discusses what is at stake for India and the rest of Asia in staking out a path of sustainable development that explicitly considers the rural-urban axis. . . .

……

Achieving Environmentally Sustainable Prosperity

Shann Turnbull
International Institute for Self-Governance

The contribution of this paper is to explain how to achieve a universally prosperous environmentally sustainable global society. This objective is incompatible with traditional economic policies dependent on environmentally exploitive growth in the population and/or full employment to generate prosperity. Politically attractive incentives of smaller taxes and government are identified as a way of changing the way an economy operates so that prosperity can be increased even with a declining and aging population. Localising the ownership and control of the means of production and exchange with individuals creates a way to create a universal minimum social dividend to replace the need for full employment, welfare, pensions, and big government. Local democracy is enriched with the power to nurture their host environment. The introduction of ecological forms of cost carrying money redeemable into local services of nature allows market forces to encourage production techniques that reduce their environmental impact. Increased life expectancy with depopulation is already occurring in twenty countries and this is expected to spread globally in the current century. This phenomenon with current environmental pressures create an imperative for achieving environmentally sustainable prosperity sooner rather than later.

……

China’s WTO Compliance-Plus Anti-Dumping Policy

Marcia Don Harpaz
Hebrew University of Jerusalem
Journal of World Trade, Vol. 45, No. 4, August 2011
Hebrew University of Jerusalem Faculty of Law Research Paper No. 01-11
Is China complying with its World Trade Organization (WTO) anti-dumping (AD) commitments? The strong import competition created by the rapid opening of China’s domestic market, and the continued state involvement in its industry could conceivably generate domestic pressure on the Chinese government to use AD measures intensively and possibly illegally. Moreover, since its exports are a primary global target of AD actions, China might be expected to retaliate by levying questionable AD measures on imports. Despite factors conducive to a more protectionist bias and possible non-compliance, I argue that China is not only complying with AD rules, but that it is demonstrating domestic restraint, and to a certain extent, a pro-liberalization interpretation of the rules. This policy along with China’s Doha Round negotiating proposals on AD suggest what is characterized in the paper as a ‘compliance-plus’ policy. The fact that China has chosen to pursue such a policy is not trivial taking into account the more protectionist paths taken by other key WTO members. On a broader level, this case study aims at contributing to the contemporary debate regarding China’s changing role in the global arena. By complying with WTO rules, China is demonstrating that it is accepting, following and becoming increasingly vested in their maintenance.

……

The Legitimacy of Deporting the Jerusalemites on Light of International Humanitarian Law: The Case of Jerusalemite MPs (Arabic)

Mahmoud Abu Soai
affiliation not provided to SSRN
Birzeit University Working Paper No. 2011/13 (ARA) – MRS Module
This paper considers the legality of the decisions and deportation proceedings undertaken by Israel against the population of Jerusalem, from the international humanitarian perspective. Israel claims that Jerusalem is the capital of the State of Israel and therefore is incumbent on all present within the borders of the State of Israel, whether citizens or residents or others, to provide loyalty and obedience to the State of Israel, which gives Israel the right to expel any person who provides the association or to work with parties hostile to them, causing new displaced Palestinians, whether internally or externally. Fourth Geneva Convention forbids mass forcible transfer of population from the occupied territories. The paper will try to answer the following questions: What is the legitimacy of decisions and actions of forced deportation by Israel against the population of Jerusalem under the rules of international humanitarian law?

……

China’s Turn Against Law

Carl F. Minzner
Washington University School of Law in St. Louis
Chinese authorities are reconsidering legal reforms they enacted in the 1980s and 1990s. These reforms had emphasized law, litigation, and courts as institutions for resolving civil grievances between citizens and administrative grievances against the state. But social stability concerns have led top leaders to question these earlier reforms. . . . Chinese authorities have now drastically altered course. Substantively, they are de-emphasizing the role of formal law and court adjudication. They are attempting to revive pre-1978 Maoist-style court mediation practices. Procedurally, Chinese authorities are also turning away from the law. They are relying on political, rather than legal, levers in their effort to remake the Chinese judiciary. . . . These Chinese developments are not entirely unique. American courts have also experienced a broad shift in dispute resolution patterns over the last century. Litigation has fallen out of favor. . . . China’s shift also parallels those in other developing countries. In recent decades, nations such as India, Indonesia, and the Philippines have resuscitated or formalized traditional mediative institutions. This is part of a global reconsideration of legal norms and institutions imported or transplanted from the West. . . . Despite these similarities with global trends, this Article argues that Chinese leaders’ shift against law is a distinct domestic political reaction to building pressures in the Chinese system. It is a top-down authoritarian response motivated by social stability concerns. This Article also analyzes the risks facing China as a result of the shift against law. It argues that the Chinese leadership’s concern with maintaining social stability in the short term may be leading them to take steps that are having severe long-term effects of undermining Chinese legal institutions and destabilizing China. . . .

……

Marriage & Matrimonial Causes in Private International Law: Issues in Common Law Countries

Nishant Chaturvedi
Hidayatullah National Law University
Sugandha Nayak
affiliation not provided to SSRN

The article basically focuses on the marriage as a contract which is sui generis along with the opinion of various Judges though the judgments in different cases. However it also talks about the position, legal formalities along with the validity and capacity of the parties to marriage and the choice of law rules governing such marriages in England and other common law countries though out the world. On the other hand the author has also focused on the matrimonial causes like polygamous marriages; divorce, judicial separation, nullity of marriage in different countries. Towards the end of the article it talks about the jurisdiction and the choice of law for solving such causes after marriage and the recognition of foreign divorces in other countries. At the conclusion part the authors have tried to give an overall view along with the present scenario on the subject.

……

A Surfer’s Guide to US Foreign Policy in Egypt, or Has Obama Been Snookered?

Craig Scott
York University – Osgoode Hall Law School
OpenDemocracy.net, February 2011
Osgoode CLPE Research Paper No. 10/2011
This short article (3800 words, including 14 footnotes) was written and published on February 8, 2011, by OpenDemocracy.net, and may be republished with attribution for non-commercial purposes following the Creative Commons guidelines. OpenDemocracy.net’s summary blurb reads: “Reading the Washington runes. What happened with Mr. Wisner, Egypt lobbyist and Obama’s special envoy to Mubarak? Is this an ugly farce, an ethical travesty or a cronyistic scandal?” The purpose of the article is to explore two hypotheses surrounding the sending by President Obama of former US Ambassador to Egypt, Frank Wisner, as Obama’s envoy to President Hosni Mubarak of Egypt during the period of post-January 25, 2011, revolutionary activity in Egypt. One hypothesis explores the possibility that Secretary of State Hillary Clinton’s role amounted to an outflanking of President Obama’s preferred messaging on Egypt, inter alia, through the recommendation of Wisner as messenger. The second hypothesis is that Clinton and Obama have been in lockstep in arriving at what I refer to as the Suleiman Transition (referencing Omar Suleiman as Mubarak’s newly appointed Vice-President). It is recognized that neither hypothesis can be shown to be true on current information at the time of writing, and accordingly argued that Clinton, Obama and Wisner need to answer a series of specified questions about how Clinton and Obama interacted since the start of the January 25, 2011, Egyptian revolution, specifically in relation to the Wisner role.

II. Books

The Law of Treaties Beyond the Vienna Convention
(Oxford Univ. Press)

Edited by Enzo Cannizzaro

This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Hardback | 496 pages
17 February 2011 | 978-0-19-958891-6

……

The Legal Protection of Human Rights: Sceptical Essays
(Oxford Univ. Press)
Edited by Tom Campbell, K.D. Ewing, and Adam Tomkins

The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights.

Hardback | 552 pages
24 February 2011 | 978-0-19-960607-8

……

International Criminal Law: Cases and Commentary

(Oxford Univ. Press)
Antonio Cassese, Guido Acquaviva, Mary Fan, and Alex Whiting

International Criminal Law: Cases and Commentary presents a comprehensive, pragmatic explanation of the development of substantive international criminal law through key illustrative cases from domestic and international jurisdictions. Presents concise and stimulating commentaries by the leading academics in the field.

Paperback | 648 pages
24 February 2011 | 978-0-19-957678-4

……

Principles of International Financial Law
(Oxford Univ. Press)

Colin Bamford

By explaining the principles on which the legal rules applied in common law financial transactions are based, this book covers the concepts that underpin these rules and the evolution of particular legal structures.

Hardback | 384 pages
10 February 2011 | 978-0-19-958930-2

……

The Evolution of EU Law

(Oxford Univ. Press)
Edited by Paul Craig and Gráinne de Búrca

The new edition of this influential textbook gathers leading lawyers and political scientists to provide an overview of the changing legal picture in Europe, including the reforms instigated by the Lisbon Treaty negotiations. Authors analyse the evolution of the law across time, giving readers a clearer understanding of how the EU is developing.

Hardback | 984 pages
17 February 2011 | 978-0-19-959297-5

……

EU Competition Law and Intellectual Property Right: The Regulation of Innovation
(Oxford Univ. Press)
Steven Anderman and Hedvig Schmidt

An accessible introduction to the interface between competition law and intellectual property rights, this book considers the shared goals and inherent tensions of the two regimes. It offers a clear explanation of competition law as a framework of rules which regulate the exploitation and licensing of intellectual property rights.

Paperback | 392 pages
17 February 2011 | 978-0-19-958996-8

……

Political Theology: Four New Chapters on the Concept of Sovereignty

(Columbia Univ. Press, Mar. 2011)

Paul W. Kahn

In this strikingly original work, Paul W. Kahn rethinks the meaning of political theology. In a text innovative in both form and substance, he describes an American political theology as a secular inquiry into ultimate meanings sustaining our faith in the popular sovereign. Kahn works out his view through an engagement with Carl Schmitt’s 1922 classic, Political Theology: Four Chapters on the Concept of Sovereignty. He forces an engagement with Schmitt’s four chapters, offering a new version of each that is responsive to the American political imaginary. The result is a contemporary political theology. As in Schmitt’s work, sovereignty remains central, yet Kahn shows how popular sovereignty creates an ethos of sacrifice in the modern state. Turning to law, Kahn demonstrates how the line between exception and judicial decision is not as sharp as Schmitt led us to believe. He reminds readers that American political life begins with the revolutionary willingness to sacrifice and that both sacrifice and law continue to ground the American political imagination. Kahn offers a political theology that has at its center the practice of freedom realized in political decisions, legal judgments, and finally in philosophical inquiry itself.

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Rutgers Law Library, Newark
SELECTED NEW BOOKS, FEBRUARY 2011

International Law

……

Vital Signs

(Worldwatch Institute, February 2011)
From economic growth to sea-level rise, Vital Signs 2011 documents the trends that are shaping our future in concise analysis and clear tables and graphs. This eighteenth volume of the Worldwatch Institute series makes it clear that the Great Recession affects many of the world’s leading economic, social, and environmental trends – but that the impact can be very different by country.

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 33: Mar 01, 2011

ALAN O’NEIL SYKES, EDITOR

ICJ Advisory Opinion on Kosovo: An African Perspective

Omoba Oladele Opeolu Osinuga, affiliation not provided to SSRN

Donations to US Based NGOs in International Development Cooperation: How Un-Informed are Private Donors?

Peter Nunnenkamp, University of Kiel
Hannes Öhler, University of Goettingen (Gottingen)

Intergenerational Equity and the Antarctic Treaty System: Continued Efforts to Prevent ‘Mastery’

Kees Bastmeijer, Tilburg University

Marriage & Matrimonial Causes in Private International Law: Issues in Common Law Countries

Nishant Chaturvedi, Hidayatullah National Law University
Sugandha Nayak, affiliation not provided to SSRN

The Cost of Complying with Human Rights Treaties: The Convention on the Rights of the Child and Basic Immunization

Varun Gauri, World Bank

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 32: Feb 28, 2011

ALAN O’NEIL SYKES, EDITOR

Afterthoughts: International Commercial Contracts and Arbitration

Luke R. Nottage, University of Sydney – Faculty of Law, University of Sydney – Australian Network for Japanese Law

Civilization by Numbers: Indicators and Earlier Techniques of ‘Standardization’ in Global Governance

Vik Kanwar, Centre on Public Law and Jurisprudence (CPLJ), O.P. Jindal Global University (JGU) – Jindal Global Law School (JGLS)

Advancing Women’s Rights in Conflict and Post-Conflict Situations

Fionnuala D. Ni Aolain, University of Minnesota Law School, University of Ulster – Transitional Justice Institute

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 31: Feb 25, 2011

ALAN O’NEIL SYKES, EDITOR

Still Up to the Challenge? International Trade Issues Facing the Basel Convention as it Enters its Third Decade

Robert Shuman-Powell, University of Maryland School of Law

Sealand, HavenCo, and the Rule of Law

James Grimmelmann, New York Law School

The Fragmentation of Geopolitical Space: What Secessionist Movements Mean to the Present-Day State System

Simone Florio, University of Granada – Facultad Ciencias Políticas y Sociología

Ethiopia’s Armed Intervention in Somalia: The Legality of Self-Defense in Response to the Threat of Terrorism

Awol Kassim Allo, University of Glasgow – School of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 30: Feb 24, 2011

ALAN O’NEIL SYKES, EDITOR

Prosecuting Aggression: The Consent Problem and the Role of the Security Council

Dapo Akande, University of Oxford – Faculty of Law

Remapping Crisis Through a Feminist Lens

Dianne L. Otto, Melbourne Law School

Looking for a Jurisdiction for Somali Pirates

Daniele Archibugi, Italian National Research Council (CNR), University of London – School of Business, Economics and Informatics
Marina Chiarugi, Italian National Research Council (CNR)

Multilateral Versus Unilateral Exercises of Universal Criminal Jurisdiction

Jean d’Aspremont, University of Amsterdam

Global Food Safety: Exploring Key Elements for an International Regulatory Strategy

Ching-Fu Lin, Harvard University

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 26: Mar. 01, 2011

CHRISTIANA OCHOA, EDITOR

The Legitimacy of Deporting the Jerusalemites on Light of International Humanitarian Law: The Case of Jerusalemite MPs (Arabic)

Mahmoud Abu Soai, affiliation not provided to SSRN

Relationship Between FDI Inflows and Bilateral Investment Treaties/International Investment Treaties in Developing Economies: An Empirical Analysis

Aishwarya Padmanabhan, West Bengal National University of Juridical Sciences

Global Governance and the Certification Revolution: Types, Trends and Challenges

Axel Marx, Catholic University of Leuven (KUL) – Leuven Centre for Global Governance Studies

Military Order No.1650 and Policy of Deporting Palestinians (Arabic)

Abdallah Abu Eid, affiliation not provided to SSRN

IP Provisions of the EU-Central America Association Agreement and Development Issues

Enrico Bonadio, City University London, The City Law School of City University London

Witchcraft Legal Aid in Africa

Chi Mgbako, Fordham University – School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 25: Feb. 28, 2011

CHRISTIANA OCHOA, EDITOR

Redefining Religious Neutrality: Lautsi vs. Italy and the European Court of Human Rights

Tommaso Pavone, University of Michigan at Ann Arbor – Gerald R. Ford School of Public Policy

What If Sharia Weren’t the Enemy? Rethinking International Women’s Rights Advocacy on Islamic Law

Asifa Quraishi, University of Wisconsin Law School

A Surfer’s Guide to US Foreign Policy in Egypt, or Has Obama Been Snookered?

Craig M. Scott, York University – Osgoode Hall Law School

China’s WTO Compliance-Plus Anti-Dumping Policy

Marcia Don Harpaz, Hebrew University of Jerusalem

Afterthoughts: International Commercial Contracts and Arbitration

Luke R. Nottage, University of Sydney – Faculty of Law, University of Sydney – Australian Network for Japanese Law

Intergenerational Equity and the Antarctic Treaty System: Continued Efforts to Prevent ‘Mastery’

Kees Bastmeijer, Tilburg University

Secondary Liability for Trademark Infringement in the United States

Katja G. Weckstrom, University of Turku Faculty of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 24: Feb. 25, 2011

CHRISTIANA OCHOA, EDITOR

Future of Generic Drugs and India’s Interest

Nishant Chaturvedi, Hidayatullah National Law University
Sugandha Nayak, affiliation not provided to SSRN

Evading Legislative Jurisdiction

Austen L. Parrish, Southwestern Law School

Global Commitments to Human Rights in National Courts in the Age of Obama

Adrien Katherine Wing, University of Iowa – College of Law

The Cost of Complying with Human Rights Treaties: The Convention on the Rights of the Child and Basic Immunization

Varun Gauri, World Bank

Property Rights, Human Rights, and the New International Trade Regime

Razeen Sappideen, University of Western Sydney

Iraq’s Constitutional Mandate to Justly Distribute Water: The Implications of Federalism, Islam, International Law and Human Rights

Sharmila Murthy, Carr Center for Human Rights Policy, Harvard Kennedy School

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 8: Mar. 01, 2011

DAVID D. CARON & TSEMING YANG, EDS.

New Directions in Earth Rights, Environmental Rights and Human Rights: Six Facets of Constitutionally Embedded Environmental Rights Worldwide

James May, Widener University – School of Law
Erin Daly, Widener University – School of Law

Unilateral Exercises of Public Authority: Addressing Issues of Fairness in Teck Cominco Metals, Ltd. v. Pakootas

Jaye Ellis, McGill University – Faculty of Law

Transboundary Water Pollution Management: Lessons Learned from River Basin Management in China, Europe and the Netherlands

Xia Yu, Zhejiang University – Guanghua Law School

Water in Gaza: Problems and Prospects

Clemens Messerschmid, affiliation not provided to SSRN

A Greener Revolution: Using the Right to Food as a Political Weapon Against Climate Change

Graham Frederick Dumas, New York University (NYU) – School of Law

Earth Rights: The Theory

Peter D. Burdon, University of Adelaide, School of Law

Has International Law Outgrown Trail Smelter?

Jaye Ellis, McGill University – Faculty of Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 19: Mar 02, 2011

ALAN O’NEIL SYKES, EDITOR

The China-Taiwan ECFA, Geopolitical Dimensions and WTO Law

Pasha L. Hsieh, Singapore Management University – School of Law

TRIPS and Its Achilles’ Heel

Peter K. Yu, Drake University Law School

Article 37(2) of the ILO Constitution: Can an ILO Interpretive Tribunal End the Hegemony of International Trade Law?

Justin A. Fraterman, Georgetown University Law Center

Protection of Traditional Knowledge: Trade Barriers and the Public Domain

David Robert Hansen, University of North Carolina (UNC) at Chapel Hill – School of Law, University of North Carolina (UNC) at Chapel Hill

Proliferation of Regional Trade Agreements: Complementing or Supplanting Multilateralism?

Rafael Leal-Arcas, Queen Mary University of London – School of Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 18: Feb 28, 2011

ALAN O’NEIL SYKES, EDITOR

China’s WTO Compliance-Plus Anti-Dumping Policy

Marcia Don Harpaz, Hebrew University of Jerusalem

Afterthoughts: International Commercial Contracts and Arbitration

Luke R. Nottage, University of Sydney – Faculty of Law, University of Sydney – Australian Network for Japanese Law

The Impact of Remittances and Foreign Aid on Savings/Investment in Sub-Saharan Africa (SSA)

Yero Balde, University of Limoges

The Return of Zheng He? An Assessment of Chinese Sovereign Wealth Fund from a Law & Development Perspective

Federico Lasconi, Università degli Studi di Siena, University of Pennsylvania Law School

Property Rights, Human Rights, and the New International Trade Regime

Razeen Sappideen, University of Western Sydney

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 9: Jan 17, 2011

DIANE MARIE AMANN, EDITOR

Prosecuting Aggression: The Consent Problem and the Role of the Security Council

Dapo Akande, University of Oxford – Faculty of Law

International Law and Sexual Violence Against Men

Solange Mouthaan, University of Warwick – School of Law

Looking for a Jurisdiction for Somali Pirates

Daniele Archibugi, Italian National Research Council (CNR), University of London – School of Business, Economics and Informatics
Marina Chiarugi, Italian National Research Council (CNR)

America’s Longest Held Prisoner of War: Lessons Learned from the Capture, Prosecution, and Extradition of General Manuel Noriega

Geoffrey S. Corn, South Texas College of Law
Sharon Finegan, Loyola University New Orleans – School of Law

An Introduction to Cyber Crime: General Considerations

Vijaykumar Shrikrushna Chowbe, Sant Gadge Baba Amravati University

The Domestic Prosecution of Genocide

Jan Wouters, Leuven Centre for Global Governance Studies
Sten Verhoeven, Catholic University of Leuven (KUL) – Faculty of Law

……

Michigan Journal of International Law, Volume 32, Number 2, Winter 2011

  • QUESTIONING THE PEREMPTORY STATUS OF THE PROHIBITION OF THE USE OF FORCE (James A. Green) p.215
  • EXPORTING SUBJECTS: GLOBALIZING FAMILY LAW PROGRESS THROUGH INTERNATIONAL HUMAN RIGHTS (Cyra Akila Choudhury) p.259
  • BOOK REVIEW
  • DO TREATIES MATTER? ON EFFECTIVENESS AND INTERNATIONAL ECONOMIC LAW (Efraim Chalamish) p.325
  • NOTE
  • “PUBLIC NON-COMMERCIAL USE” COMPULSORY LICENSING FOR PHARMACEUTICAL DRUGS IN GOVERNMENT HEALTH CARE PROGRAMS (Pier DeRoo) p.347

……

New York University Journal of International Law and Politics, Volume 43, Number 1, Fall 2010

ARTICLES

  • The Normalization of International Adjudication: Convergence and Divergencies (Georges Abi-Saab) p.1
  • Anti-Ashwander: Constitutional Litigation as a First Resort in France (Gerald L. Neuman) p.15
  • A Unified Theory of Fair and Equitable Treatment (Kenneth J. Vandevelde) p.43

NOTES

  • A Greener Revolution: Using the Right to Food as a Political Weapon Against Climate Change (Graham Frederick Dumas) p.107
  • The ASEAN Charter: ASEAN Failure or Member Failure? (Lee Leviter) p.159

……

University of Pennsylvania Journal of International Law, Volume 32, Number 2, Winter 2010

ARTICLES

  • Federalism in the European Union and the United States: Subsidiarity, Private Law, and the Conflict of Laws (Alex Mills) p.369
  • Climate Change, Fragmentation, and the Challenges of Global Environmental Law: Elements of a Post-Copenhagen Assemblage (William Boyd) p.457
  • Transitional Justice in Ancient Athens: A Case Study (Adriaan Lanni) p.551
  • Beyond the Monopoly of States (David Gartner) p.595
  • Transplanting Antitrust In China: Economic Tr ansition, Market Structure, and State Control (Wentong Zheng) p.643

……

Boston College International and Comparative Law Review, Volume 34, Number 1, Winter 2011

  • ARTICLES
  • GLOBAL CIVIL PROCEDURE TRENDS IN THE TWENTY-FIRST CENTURY (Scott Dodson & James M. Klebba) p.1
  • THE TRANS-PACIFIC PARTNERSHIP: NEW PARADIGM OR WOLF IN SHEEP’S CLOTHING? (Meredith Kolsky Lewis) p.27
  • FAITH IN THE LAW-THE ROLE OF LEGAL ARRANGEMENTS IN RELIGION-BASED CONFLICTS INVOLVING MINORITIES (Ofrit Liviatan) p.53
  • NOTES
  • CONTINENTAL DRIFT: CONTEXTUALIZING CITIZENS UNITED BY COMPARING THE DIVERGING BRITISH AND AMERICAN APPROACHES TO POLITICAL ADVERTISING p.91
  • LIFTING THE VEIL: FRANCE’S NEW CRUSADE p.117
  • THE CRIMINALIZATION OF SEXUAL ORIENTATION: WHY UGANDA’S ANTI-HOMOSEXUALITY ACT THREATENS ITS TRADE BENEFITS WITH THE UNITED STATES p.147
  • HASTA LA VISTA?: AN ASSESSMENT OF THE CALIFORNIA GOVERNOR’S PROPOSAL TO SEND UNDOCUMENTED INMATES TO MEXICO p.173
  • LEVELING THE PLAYING FIELD: THE INTERNATIONAL LEGALITY OF CARBON TARIFFS IN THE EU p.199

……

Chinese Journal of International Law

Volume 10 Issue 1 March 2011

Sienho Yee

The Tenth Anniversary of the Chinese Journal of International Law

Chinese Journal of International Law (2011) 10(1): 1 doi:10.1093/chinesejil/jmr009

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ARTICLES

Michael Sheng-ti Gau

The Commission on the Limits of the Continental Shelf as a Mechanism to Prevent Encroachment upon the Area

Chinese Journal of International Law (2011) 10(1): 3-33 doi:10.1093/chinesejil/jmr001

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Christine Gray

President Obama’s 2010 United States National Security Strategy and International Law on the Use of Force

Chinese Journal of International Law (2011) 10(1): 35-53 doi:10.1093/chinesejil/jmr005

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Wei Shen

The Good, the Bad or the Ugly? A Critique of the Decision on Jurisdiction and Competence in Tza Yap Shum v. The Republic of Peru

Chinese Journal of International Law (2011) 10(1): 55-95 doi:10.1093/chinesejil/jmq037

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COMMENTS, ESSAYS AND NOTES

Kibrom Tesfagabir

The State of Functional Immunity of International Organizations and Their Officials and Why It Should be Streamlined

Chinese Journal of International Law (2011) 10(1): 97-128 doi:10.1093/chinesejil/jmr008

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COURTS AND TRIBUNALS

Eriko Tamura

The Isayeva Cases of the European Court of Human Rights: The Application of International Humanitarian Law and Human Rights Law in Non-International Armed Conflicts

Chinese Journal of International Law (2011) 10(1): 129-140 doi:10.1093/chinesejil/jmr002

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DEVELOPMENTS AND HISTORY

Margreet Wewerinke and Curtis F.J. Doebbler

Exploring the Legal Basis of a Human Rights Approach to Climate Change

Chinese Journal of International Law (2011) 10(1): 141-160 doi:10.1093/chinesejil/jmr003

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Young Sok Kim

The Korean Implementing Legislation on the ICC Statute

Chinese Journal of International Law (2011) 10(1): 161-170 doi:10.1093/chinesejil/jmr004

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REVIEWS OF BOOKS AND BIBLIOGRAPHY

Sienho Yee

Book Review Lawsuits and Book Review Standards: An Editorial Comment

Chinese Journal of International Law (2011) 10(1): 171-172 doi:10.1093/chinesejil/jmr010

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Yoshifumi Tanaka

The International Law of the Sea

Chinese Journal of International Law (2011) 10(1): 173-175 doi:10.1093/chinesejil/jmr007

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SCHOLARS’ COMMUNITY RESPONSES TO AGORA: MILITARY ACTIVITIES IN THE EEZ

Sam Bateman

A Response to Pedrozo: The Wider Utility of Hydrographic Surveys

Chinese Journal of International Law (2011) 10(1): 177-186 doi:10.1093/chinesejil/jmq036

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Erik Franckx

American and Chinese Views on Navigational Rights of Warships

Chinese Journal of International Law (2011) 10(1): 187-206 doi:10.1093/chinesejil/jmr006

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Raul (Pete) Pedrozo

Responding to Ms. Zhang’s Talking Points on the EEZ

Chinese Journal of International Law (2011) 10(1): 207-223 doi:10.1093/chinesejil/jmq035

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Heidelberg Journal of International Law, Volume 70, Number 4, 2010

  • ABHANDLUNGEN
  • Die Entwicklung des interamerikanischen Systems zum Schutz der Menschenrechte (Cançado Trindade) p.629
  • Die Achtung der nationalen Identität unter dem reformierten Unionsvertrag – Zur unionsrechtlichen Rolle nationalen Verfassungsrechts und zur Überwindung des absoluten Vorrangs (von Bogdandy; Schill) p.701
  • Die nationale Sicherheitsstrategie der Vereinigten Staaten von Mai 2010 – ein Bericht (Pfisterer) p.735
  • Is There a Text in This Court? The Purposive Method of Interpretation and the ad hoc Tribunals (Swart) p.767
  • Die Entwicklung des Wasserwirtschaftsrechts – Referenzgebiet für ein materiell-rechtlich fundiertes internationales Verwaltungsrecht (Mager) p.789
  • LITERATUR
  • Buchbesprechungen p.819
  • Aikyô, Masanori (Hrsg.): Ajia-hô Gaidobukku. The Handbook of Asian Legal Systems (Küpper) p.819
  • Buffard, Isabelle/Crawford, James/Pellet, Alain/Wittich, Stephan (eds.): International Law between Universalism and Fragmentation. Festschrift in Honour of Gerhard Hafner (Baetens) p.821
  • Cimiotta, Emanuele: I tribunali penali misti (Salvadori) p.824
  • Petrétei, József: Az alkotmányos demokrácia alapintézményei. [Grundinstitutionen der verfassungsmäßigen Demokratie] (Küpper) p.826

……

Melbourne Journal of International Law, Volume 11, Number 2, November 2010

Articles

  • Redesigning the Architecture of the Global Financial System (Douglas W Arner and Ross P Buckley)
  • The (Re)turn to ‘Soft Law’ in Reconciling the Antinomies in WTO Law (Mary E Footer)
  • Feminist Reflections on the ‘End’ of the War on Terror (Gina Heathcote)
  • Service Jurisdiction under International Law (Rain Liivoja)
  • Protection of Cultural Property under International Criminal Law (Roger O’Keefe)
  • Secessions, Coups and the International Rule of Law: Assessing the Decline of the Effective Control Doctrine (Brad R Roth)
  • Protecting Endangered Marine Species: Collaboration between the Food and Agriculture Organization and the CITES Regime (Margaret A Young)

Special Feature

  • UN Special Procedures — Reflections on the Office of UN Special Representative for Human Rights in Cambodia (The Hon Michael Kirby, AC CMG)

Book Reviews

  • The Notion of Progress in International Law Discourse by Thomas Skouteris (George Rodrigo Bandeira Galindo)
  • Gender Stereotyping: Transnational Legal Perspectives by Rebecca J Cook and Simone Cusack (Lisa Pusey)

……

Duke Journal of Comparative & International Law, Volume 21, Number 1, Fall 2010

ARTICLES

  • CUSTOMARY INTERNATIONAL LAW AND WITHDRAWAL RIGHTS IN AN AGE OF TREATIES (Curtis A. Bradley & Mitu Gulati) p.1
  • ACQUIESCENCE, OBJECTION AND THE DEATH OF CUSTOMARY INTERNATIONAL LAW (David J. Bederman) p.31
  • WITHDRAWING FROM CUSTOM: CHOOSING BETWEEN DEFAULT RULES (Rachel Brewster) p.47
  • A POST-FORMATION RIGHT OF WITHDRAWAL FROM CUSTOMARY INTERNATIONAL LAW?: SOME CAUTIONARY NOTES (Samuel Estreicher) p.57
  • EXITING CUSTOM: ANALOGIES TO TREATY WITHDRAWALS (Laurence R. Helfer) p.65
  • EXIT, NO EXIT (Barbara Koremenos & Allison Nau) p.81
  • ON THE POSSIBILITIES OF AND FOR PERSISTENT OBJECTION (Dino Kritsiotis) p.121
  • WITHDRAWING FROM CUSTOM AND THE PARADOX OF CONSENSUALISM IN INTERNATIONAL LAW (C.L. Lim & Olufemi Elias) p.143
  • DISINTEGRATING CUSTOMARY INTERNATIONAL LAW: REACTIONS TO WITHDRAWING FROM INTERNATIONAL CUSTOM (Christiana Ochoa) p.157
  • WHO KILLED ARTICLE 38(1)(B)? A REPLY TO BRADLEY AND GULATI (Anthea Roberts) p.173
  • DISAGGREGATING CUSTOMARY INTERNATIONAL LAW (Paul B. Stephan) p.191
  • BESPOKE CUSTOM (Edward T. Swaine) p.207
  • PERSISTENT OBJECTORS, COOPERATION, AND THE UTILITY OF CUSTOMARY INTERNATIONAL LAW (Joel P. Trachtman) p.221
  • NOTE
  • INTERNATIONAL MATERIALS AND THE EIGHTH AMENDMENT: SOME THOUGHTS ON METHOD AFTER GRAHAM V. FLORIDA (James I. Pearce) p.235

……

Global Governance: A Review of Multilateralism and International Organizations, Volume 16, Number 4, October-December 2010

Global Insights

  • Situating the UN Democracy Fund (Roland Rich) p.423
  • Strategic Planning in the Executive Office of the UN Secretary-General (Abiodun Williams) p.435

Articles

  • The “Monster That We Need to Slay?” Global Governance, the United States, and the International Criminal Court (Andrea Birdsall) p.451
  • Making America Safe for the World: Multilateralism and the Rehabilitation of US Authority (David A. Lake) p.471
  • Sources of Change in United States—United Nations Relations (Lise Morjé Howard) p.485
  • Secretary-General Leadership Across the United Nations and NATO: Kofi Annan, Javier Solana, and Operation Allied Force (Kent J. Kille and Ryan C. Hendrickson) p.505
  • Systemic Disconnects: Why Regional Organizations Fail to Use Early Warning and Response Mechanisms (Herbert Wulf and Tobias Debiel) p.525
  • Review Essay
  • International Authority, Deliberative Legitimacy, and the Responsibility of States (Devin Finn) p.549

……

Houston Journal of International Law, Volume 33, Number 1, Fall 2010

RECENT DEVELOPMENTS

  • THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS: CREATING ROOM FOR CHOICE IN INTERNATIONAL CASES (Guy S. Lipe & Timothy J. Tyler) p.1
  • THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: AN UPDATE AFTER ABBOTT (Kevin O’Gorman & Efren C. Olivares) p.39

COMMENTS

  • WRESTLING WITH MEXICAN CRIMINAL PROCEDURE: HOW LAW SCHOOLS IN THE UNITED STATES AND MEXICO CAN TEAM UP TO REBUILD MEXICO’S CRIMINAL TRIAL (Zachary J. Lee) p.53
  • MEDICAL REPATRIATION: A FOURTEENTH AMENDMENT ANALYSIS OF THE INTERNATIONAL PATIENT TRANSFERRING OF ILLEGAL ALIENS (Stefanie Vincent) p.95
  • FUTURE RELATIONS BETWEEN THE UNITED STATES AND JAPAN: ARTICLE 9 AND THE REMILITARIZATION OF JAPAN (D. Bradley Gibbs) p.137
  • “THIS LAND CANNOT DIE”: U.S. INVOLVEMENT IN THE REBUILDING OF HAITI (Sophia Asare) p.177

……

Interdisciplinary Journal of Human Rights Law, Volume 4, Number 1, 2009-2010

  • A Non-Territorial Ethnic Network and the Making of Human Rights Law: The Case of the Alliance Israélite Universelle (Moria Paz) p.1
  • “Courting” Legitimacy: Democratic Agency and the Justiciability of Economic and Social Rights (Deval Desai) p.25
  • The Soundtrack to Genocide: Using Incitement to Genocide in the Bikindi Trial to Protect Free Speech and Uphold The Promise of Never Again (Justin La Mort) p.43
  • What’s Running the World: Global Values, International Law, and the United Nations (Otto Spijkers) p.67
  • Can’t Get You out of My Head: The Human Rights Implications of Using Brain Scans as Criminal Evidence (Brian Farrell) p.89

……

Journal of Human Rights, Volume 10, Number 1, 2011

Articles

  • Human Rights Storytelling and Trauma Narrative in Kazuo Ishiguro’s Never Let Me Go (Titus Levy) p.1-16
  • Taking Pictures over Soldiers’ Shoulders: Reporting on Human Rights Abuse from the Israeli Occupied Territories (Ruthie Ginsburg) p.17-33
  • On the Cost of Economic Rights in the United States (Lanse Minkler) p.34-54
  • Beyond the Humanitarian/Political Divide: Witnessing and the Making of Humanitarian Ethics (Michal Givoni) p.55-75
  • Explaining Postapartheid South African Human Rights Foreign Policy: Unsettled Identity and Unclear Interests (Tristan Anne Borer; Kurt Mills) p.76-98
  • Special Report—Human Rights in the Context of Disasters: The Special Session of the UN Human Rights Council on Haiti (Allehone Mulugeta Abebe) p.99-111

Review Essay

  • The Normative Structure of Human Rights: A Review of James Griffin’s On Human Rights (Bradley Jay Strawser) p.112-119

Book Reviews

  • A Review of “Human Rights and their Limits” by Wiktor Osiatyński. New York, NY: Cambridge University Press, 2009. (Michael Goodhart) p.120-125
  • A Review of “Forgetting Children Born of War: Setting the Human Rights Agenda in Bosnia and Beyond” by R. Charli Carpenter. New York, NY: Columbia University Press, 2010. 273 pp. $35, Wordcover. (Wendy S. Hesford) p.126-130

……

The Law and Development Review

Volume 4 / Number 2 (2011)

The 2011 LDR Special Issue is devoted to the Law and Development Institute Inaugural Conference entitled, “Future of Law and Development, International Trade and Economic Development”, which was held in Sydney, Australia, on the 16th of October, 2010.

Articles

PDF

Introduction
Yong-Shik Lee

PDF

Export Promotion Policies, Export Composition and Economic Development of Korea
Jai S. Mah

PDF

WTO Rules and Agricultural Development Cooperation between Developed and Developing Countries
Won-Mog Choi

PDF

International Trade and Development Law: A Legal Cultural Critique
Colin Picker

PDF

Special and Differential Treatment, Trade and Sustainable Development
Maureen Irish

PDF

International Development Disputes
Tomer Broude

PDF

Law and Development in the Islamic World: New Possibilities
Salim Farrar

……

Harvard National Security Journal, Volume 2, Issue 1, 2011

  • Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law (Daphne Barak-Erez and David Scharia)
  • Investigating Violations of International Law in Armed Conflict (Michael Schmitt)

……

International Criminal Law Review, Volume 11, Number 1, 2011

  • The Risk of Torture as a Basis for Refusing Extradition and the Use of Diplomatic Assurances to Protect against Torture after 9/11 (Johnston, Jeffrey G.) p.1-48
  • The Rome Statute’s Amendment on the Crime of Aggression: Negotiations at the Kampala Review Conference (Trahan, Jennifer) p.49-104
  • Representing the “General Interests of the Defence”: Boon or Bane? – A Stocktaking of the System of ad hoc Counsel at the ICC (Dieckmann, Jens; Kerll, Christina) p.105-136
  • Joint Criminal Enterprise: Cambodia’s Reply to Tadić (Marsh, Luke; Ramsden, Michael) p.137-154
  • Genocide in Rwanda – Is It Really Finland’s Concern? (Kimpimäki, Minna) p.155-176
  • The Pursuit of International Criminal Justice: A World Study on Conflicts, Victimisation, and Post-Conflict Justice (Saul, Matthew) p.177-179
  • International Criminal Law (3 Vols.): Sources, Subjects and Contents (Vol. 1); Multilateral and Bilateral Enforcement Mech anisms (Vol. 2); International Enforcement (Vol. 3) (Murphy, Ray) p.180-182

……

Pace Environmental Law Review, Volume 28, Number 1, Fall 2010

(select items)

ARTICLES

  • Corporate Social Responsibility as Global Public Law: Third Party Rankings as Regulation by Information (Cherie Metcalf) p.145

COMMENT

  • Military Burn Pits in Iraq and Afghanistan: Considerations and Obstacles for Emerging Litigation (Kate Donovan Kurera) p.288

SYMPOSIUM: ON THE PROSPECTS FOR THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

  • Symposium on Indigenous Rights Introduction (Nicholas A. Robinson) p.324
  • Remarks of Chief Oren Lyons, Faithkeeper, Turtle Clan, Onondaga Nation, Haudensaunee (Oren Lyons) p.334
  • The “Preliminary Study” on the Doctrine of Discovery (Tonya Gonnella Frichner) p.339
  • “Minimum Standards:” The UN Declaration on the Rights of Indigenous Peoples (Nicholas A. Robinson) p.346
  • Cultural and Economic Self-Determination for Tribal Peoples in the United States, Supported by the UN Declaration on the Rights of Indigenous Peoples (Angelique Eagle Woman (Wambdi A. Wastewin)) p.357

……

Seattle University Law Review, Volume 34, Number 2, Winter 2011

  • THE IMPACT OF THE AMERICAN DOCTRINE OF DISCOVERY ON NATIVE LAND RIGHTS IN AUSTRALIA, CANADA, AND NEW ZEALAND (Blake A. Watson) p.507

……

Virginia Enviornmental Law Journal

  • Upside-Down Cooperative Federalism: Climate Change Policymaking and the States

Vivian E. Thomson and Vicki Arroyo     p.1

……

Georgetown Journal of Gender and the Law, Volume 12, Number 1, Winter 2011

  • GENDER POLITICS: REFUGEE DEFINITION & THE SAFE THIRD COUNTRY AGREEMENT (Deepti Asthana) p.1

……

Currents: International Trade Law Journal, Volume 18, Number 2, Summer 2010

  • “SPAIN IS DIFFERENT” OR IS IT NOT?: A COMPARATIVE REVIEW OF THE LEGAL REGULATION ON FACTORING IN SPAIN AND IN THE 1988 UNIDROIT CONVENTION ON INTERNATIONAL FACTORING (Alejandro Osma) p.3
  • THE SARBANES-OXLEY ACT: DETERRENT OR AID TO FINANCE AND ACCOUNTING OUTSOURCING? (Renu Desai & Robert W. McGee) p.22
  • THE COMPETENCE OF THE CHINESE TAXATION SYSTEM (Vlad Frants) p.30
  • HAVE THE MODERN APPROACHES TO UNIT DEVELOPMENT OF STRADDLING PETROLEUM RESOURCES EXTINGUISHED THE APPLICABILITY OF THE PRIMORDIAL LAW OF CAPTURE? (Chukwuemeka Mike Okorie) p.41
  • STRIKES AND RESOLUTIONS TO STRIKES UNDER VIETNAMESE LABOR LAW (Tran Si Vy & Brady Coleman) p.49
  • NOW WHAT? COPING STRATEGIES FOR POST-CONFLICT COUNTRIES (Nalaka Senaratne) p.58
  • BOOK REVIEW: FACING NEW REGULATORY FRAMEWORKS IN SECURITIES TRADING IN EUROPE EDITED BY PETER-JAN ENGELEN & KAREL LANNOO (Jessica Poarch) p.68

……

Nuclear Law Bulletin, Volume 2010, Number 2, December 2010, Bulletin 86

Articles

  • Between Shadow and Light: The Treaty on the Non-Proliferation of Nuclear Weapons Forty Years On (Abdelwahab Biad) p.5
  • Competition Law and the Nuclear Sector: An EU Outlook (Miguel Sousa Ferro) p.13
  • The Brussels I Regulation and Liability for Nuclear Damage (Jakub Handrlica) p.29
  • Deliberations on Compensation and Remediation of Nuclear Damage to the Environment (Norbert Pelzer) p.49
  • International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law (Marie Cletienne) p.59

……

Mediterranean Journal of Human Rights, Volume 14, Issue 1, 2010

Special Edition: Human Rights and the Environment in the Mediterranean Region

  • The Mediterranean Environment within a Human Rights Context (Kevin Aquilina and Lino Bianco) p.13
  • 1. The General Principles of Environmental Law
  • L’evoluzione del Diritto Internazionale dell’Ambiente The Evolution of International Environmental Law (Anna Lucia Valvo) p.35
  • The Duty to Protect and Preserve the Environment (Louise Spiteri) p.49
  • How Children Gave Birth to their Parents: Explaining Generational Equity (Nicolae Dragusin) p.73
  • Rights, Environment and Sustainability (Edward A. Mallia) p.103
  • Sustainability, Management and Conservation of Cultural Heritage in International Cooperation Programmes: A Euro-Mediterranean Perspective (Calogero Guccio and Anna Mignosa) p.119
  • Mediterranean Asymmetries (Andrea Gallina) p.143
  • Environmental Democracy and International Law: A Brief Sketch (Paolo Bargiacchi) p.177
  • Environmental Justice E Diritto comunitario: Prime Riflessioni Sulla Giurisprudenza della Corte di Giustizia (Salvator Casabona) p.195
  • 2. Case Studies
  • Ecological Considerations Relating to the Destruction of Chemical Weapons (Aldo Zammit Borda) p.215
  • English and Education in English in Rural Egypt: A Human Right or an Imposition? (Joseph G. Mallia) p.233
  • Tutela dell’Ambiente, Vertenze Territoriali e Diritte Fondamentali: Lo Smaltimento dei Rifiuti Solidi Urbani e la Produzione di Energia da Fonti Finnovabili tra Diritto Comunitario e Decentralizzazione Statuale (Ferdinando Laghi and Pasquale Laghi) p.249
  • Groundwater Overextraction in the Mediterranean Region: The Right for Potable Water for Future Generations (Joanne Bianco Muscat) p.275
  • Understanding the Opportunities of Climate Change: A Legal Perspective (Jotham Scerri-Diacono and Saviour Vassallo) p.295
  • Auditing the Development Planning Process–A Five Year Experience in Malta (Joseph Falzon) p.313
  • La Tutela Multilevel dei Diritti della Salute e dell’Ambiente nel Material dell’Inquiamento Elettromagnetico (Claudio Costantino) p.333
  • Citizen Well-beiing and Social Cohesion for the Common Good: From Welfare State to Welfare Society (Bruno Amoroso) p.363

……

Malawi Law Journal, Volume 4, Number 1, 2010

(select article)

  • The institution of asylum in Malawi and international refugee law: A review of the 1989 Refugee Act (Tapiwa Shans Nkhoma) p.97

……

Macquarie Law Journal, Volume 9, 2009

(select articles)

THEME Law, Religion and Social Inclusion

  • Law, Human Rights and Religion—of Genocide, Sexuality, and Apostasy (Michael Kirby) p.3
  • Beneath the Veil: Muslim Girls and the Islamic Headscarf in Secular France (Nicky Jones) p.47

……

Journal of Law & Social Challenges, Volume 12, Spring 2010

(select items)

  • SHORT ESSAY: CONTINUING TO MEET THE PARENTS, THROUGH THE INTERNATIONAL LAW ROUTE (Shreya Atrey) p.1
  • EXCLUSION AND HUMAN RIGHTS: THE FRENCH CASE (David Marrani) p.38
  • AFRICAN STATES AND THE INTERNATIONAL CRIMINAL COURT: A SILENT REVOLUTION IN INTERNATIONAL CRIMINAL LAW (Anna Triponel and Stephen Pearson) p.65
  • HUMAN RIGHTS VIOLATIONS IN PUERTO RICO: AGENCY FROM THE MARGINS (Jacqueline N. Font-Guzmán and Yanira Alemán) p.107
  • LEGAL THEORY AND THE ANTHROPOCENE CHALLENGE: THE IMPLICATIONS OF LAW, SCIENCE, AND POLICY FOR WEAPONS OF MASS DESTRUCTION AND CLIMATE CHANGE
  • THE EXPANDING AND CONSTRAINING BOUNDARIES OF LEGA L SPACE AND TIME AND THE CHALLENGE OF THE ANTHROPOCENE (Winston P. Nagan and Judit K. Otvos) p.150

……

Law, Environment and Development Journal, Volume 6, Number 3, 2010

Articles

  • The Nagoya Protocol on Access to Genetic Resources and Benefit Sharing: What is New and What are the Implications for Provider and User Countries and the Scientific Community? (Evanson Chege Kamau, Bevis Fedder and Gerd Winter)
  • The Trafigura Case and the System of Prior Informed Consent Under the Basel Convention – A Broken System? (Gary Cox)
  • The Bali Firewall and Member States’ Future Obligations within the Climate Change Regime (Christopher Smith)
  • ‘Command Without Control’: Are Market Mechanisms Capable of Delivering Ecological Integrity to REDD? (Simon West)
  • Litigating Right to Healthy Environment in Nigeria: An Examination of the Impacts of the Fundamental Rights (Enforcement Procedure) Rules 2009, in Ensuring Access to Justice for Victims of Environmental Degradation (Emeka Polycarp Amechi)
  • Implementation of Environmental Judgments in Context: A Comparative Analysis of Dahanu Thermal Power Plant Pollution Case in Maharashtra and Vellore Leather Industrial Pollution Case in Tamil Nadu (Geetanjoy Sahu)

……

Human Rights Review, Volume 12, Number 1, March 2011

  • Human Rights and Toleration in Rawls (Mitch Avila) p.1-14
  • Judicial Use of Foreign Law in Human Rights Cases: Illegitimate and Unacceptable Practice? (Navish Jheelan) p.15-25
  • Employment as a Limitation on Self-Ownership (Julia Maskivker) p.27-45
  • Apology, Recognition, and Reconciliation (Michael Murphy) p.47-69
  • Human Rights as Reputation Builder: Compliance with the Convention Against Torture (Dana Zartner and Jennifer Ramos) p.71-92
  • Obama’s Implicit Human Rights Doctrine (Amitai Etzioni) p.93-107
  • Mobilizing the Will to Prosecute: Crimes of Rape at the Yugoslav and Rwandan Tribunals (Heidi Nichols Haddad) p.109-132

……

Journal of Korean Law, Volume 9, Number 2, June 2010

(select items)

  • Addressing Labor Rights Abuses at Overseas Korean Companies: The Role of the Korean State (Andrew Wolman) p.173
  • Globalization and Change of Migration-Related Laws in Korea: Focusing on the Change of Marriage Migration-Related Laws (Young-Hee Shim) p.201
  • Cultural Values and the Korean Negotiator (Haksoo Ko and Joanne Koo) p.225

……

Journal of Law and Society, Volume 38, Number 1, March 2011

Special Issue: Special Issue: The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates

  • The Conceptual and Constitutional Challenge of Transnational Private Regulation (Colin Scott, Fabrizio Cafaggi and Linda Senden) p.1-19
  • New Foundations of Transnational Private Regulation (Fabrizio Cafaggi) p.20-49
  • Neither ‘Public’ nor ‘Private’, ‘National’ nor ‘International’: Transnational Corporate Governance from a Legal Pluralist Perspective (Peer Zumbansen) p.50-75
  • The Crystallization of Regulatory Norms (Donal Casey and Colin Scott) p.76-95
  • Privatized Sovereign Performance: Regulating in the ‘Gap’ between Security and Rights? (Fiona De Londras) p.96-118
  • Competition Law and Transnational Private Regulatory Regimes: Marking the Cartel Boundary (Imelda Maher) p.119-137
  • The Meta-regulation of Transnational Private Regulation (Jacco Bomhoff and Anne Meuwese) p.138-162
  • Public Accountability of Transnational Private Regulation: Chimera or Reality? (Deirdre Curtin and Linda Senden) p.163-188

……

The Journal of Sustainable Finance & Investment
Volume 1, Number 1, February 2011

Research Articles

From fiduciary duties to fiduciary relationships for socially responsible investing: responding to the will of beneficiaries
pp. 5-19(15)
Author: Richardson, Benjamin J.

Evaluating the governance of responsible investment institutions: an environmental and social perspective
pp. 20-29(10)
Author: Cadman, Timothy

Mapping a corporate governance exchange: a survey of Canadian shareholder resolutions 2000-2009
pp. 30-43(14)
Author: Gray, Taylor R.

Influence strategies in shareholder engagement: a case study of all Swedish national pension funds
pp. 44-61(18)
Authors: Hamilton, Ian; Eriksson, Jessica

The virtue of CalPERS’ Emerging Equity Markets Principles
pp. 62-76(15)
Authors: Huppé, Gabriel A.; Hebb, Tessa

Professional Perspectives

Corporate governance and sustainability: new and old models of thinking
pp. 77-80(4)
Author: Bloxham, Eleanor

How do the capital markets undermine sustainable development? What can be done to correct this?
pp. 81-87(7)
Author: Waygood, Steve

……

IGENTA Database Articles on International Law

(Mar. 01, 2011)

(select)

Record 2.

TI: The Development of the Responsibility to Protect From Evolving Norm to Practice

AU: Knight, W. Andy

JN: Global Responsibility to Protect

PD: February 2011

VO: 3

NO: 1

PG: 3-36(34)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1875-9858

URL: http://www.ingentaconnect.com/content/mnp/gr2p/2011/00000003/00000001/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 3.

TI: Whose Responsibility to Protect?

AU: Eckhard, Frederic

JN: Global Responsibility to Protect

PD: February 2011

VO: 3

NO: 1

PG: 89-101(13)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1875-9858

URL: http://www.ingentaconnect.com/content/mnp/gr2p/2011/00000003/00000001/art00005

Click on the URL to access the article or to link to other issues of the publication.

Record 4.

TI: CIVIL WAR EXPOSURE AND VIOLENCE

AU: MIGUEL, EDWARD; SAIEGH, SEBASTIAN M.; SATYANATH, SHANKER

JN: Economics and Politics

PD: March 2011

VO: 23

NO: 1

PG: 59-73(15)

PB: Blackwell Publishing Ltd

IS: 0954-1985

URL: http://www.ingentaconnect.com/content/bpl/ecpo/2011/00000023/00000001/art00003

Click on the URL to access the article or to link to other issues of the publication.

Record 5.

TI: The Consequences of Kadi: Where the Divergence of Opinion between EU and International Lawyers Lies?

AU: Vara, Juan Santos

JN: European Law Journal

PD: March 2011

VO: 17

NO: 2

PG: 252-274(23)

PB: Blackwell Publishing Ltd

IS: 1351-5993

URL: http://www.ingentaconnect.com/content/bpl/eulj/2011/00000017/00000002/art00006

Click on the URL to access the article or to link to other issues of the publication.

Record 6.

TI: The Conceptual and Constitutional Challenge of Transnational Private Regulation

AU: Scott, Colin; Cafaggi, Fabrizio; Senden, Linda

JN: Journal of Law and Society

PD: March 2011

VO: 38

NO: 1

PG: 1-19(19)

PB: Blackwell Publishing Ltd

IS: 0263-323X

URL: http://www.ingentaconnect.com/content/bpl/jols/2011/00000038/00000001/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 7.

TI: New Foundations of Transnational Private Regulation

AU: Cafaggi, Fabrizio

JN: Journal of Law and Society

PD: March 2011

VO: 38

NO: 1

PG: 20-49(30)

PB: Blackwell Publishing Ltd

IS: 0263-323X

URL: http://www.ingentaconnect.com/content/bpl/jols/2011/00000038/00000001/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 8.

TI: The Meta-regulation of Transnational Private Regulation

AU: Bomhoff, Jacco; Meuwese, Anne

JN: Journal of Law and Society

PD: March 2011

VO: 38

NO: 1

PG: 138-162(25)

PB: Blackwell Publishing Ltd

IS: 0263-323X

URL: http://www.ingentaconnect.com/content/bpl/jols/2011/00000038/00000001/art00007

Click on the URL to access the article or to link to other issues of the publication.

Record 9.

TI: The Wisconsin-Milwaukee Conference on International Law and World Order. Introduction

AU: Howland, Douglas

JN: Journal of the History of International Law

PD: January 2011

VO: 13

NO: 1

PG: 1-5(5)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2011/00000013/00000001/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 10.

TI: Sovereignty beyond the West: The End of Classical International Law

AU: Lorca, Arnulf Becker

JN: Journal of the History of International Law

PD: January 2011

VO: 13

NO: 1

PG: 7-73(67)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2011/00000013/00000001/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 11.

TI: Universalism and Equal Sovereignty as Contested Myths of International Law in the Sino-Western Encounter

AU: Chen, Li

JN: Journal of the History of International Law

PD: January 2011

VO: 13

NO: 1

PG: 75-116(42)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2011/00000013/00000001/art00003

Click on the URL to access the article or to link to other issues of the publication.

Record 12.

TI: Contraband and Private Property in the Age of Imperialism

AU: Howland, Douglas

JN: Journal of the History of International Law

PD: January 2011

VO: 13

NO: 1

PG: 117-153(37)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2011/00000013/00000001/art00004

Click on the URL to access the article or to link to other issues of the publication.

Record 13.

TI: Sovereignty and the Chinese Red Cross Society: The Differentiated Practice of International Law in Shandong, 19141916

AU: Reeves, Caroline

JN: Journal of the History of International Law

PD: January 2011

VO: 13

NO: 1

PG: 155-177(23)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2011/00000013/00000001/art00005

Click on the URL to access the article or to link to other issues of the publication.

Record 14.

TI: The Wilsonian Challenge to International Law

AU: Smith, Leonard V.

JN: Journal of the History of International Law

PD: January 2011

VO: 13

NO: 1

PG: 179-208(30)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2011/00000013/00000001/art00006

Click on the URL to access the article or to link to other issues of the publication.

Record 15.

TI: Beyond International Law: The Theories of World Law in Tanaka Kotaro and Tsuneto Kyo

AU: Doak, Kevin M.

JN: Journal of the History of International Law

PD: January 2011

VO: 13

NO: 1

PG: 209-234(26)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2011/00000013/00000001/art00007

Click on the URL to access the article or to link to other issues of the publication.

Record 16.

TI: Contracts of Carriage: Legislation and Case Law in Estonia

AU: Sein, Karin; Uusen-Nacke, Triin

JN: Review of Central and East European Law

PD: November 2010

VO: 35

NO: 4

PG: 341-368(28)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2010/00000035/00000004/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 17.

TI: The Colonization of American Nature and the Early Development of International Law

AU: Fonseca, Manuel Jimenez

JN: Journal of the History of International Law

PD: September 2010

VO: 12

NO: 2

PG: 189-225(37)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2010/00000012/00000002/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 18.

TI: On Faith in the Moral Force of International Law. Martin Wight and Hugo de Groot: Four Seminal Thinkers in International Theory. Machiavelli, Grotius, Kant, and Mazzini, Martin Wight

AU: Nijman, Janne E.

JN: Journal of the History of International Law

PD: September 2010

VO: 12

NO: 2

PG: 329-346(18)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2010/00000012/00000002/art00006

Click on the URL to access the article or to link to other issues of the publication.

Record 19.

TI: Transnational Legal Pluralism

AU: Zumbansen, Peer

JN: Transnational Legal Theory

PD: July 2010

VO: 1

NO: 2

PG: 141-189(49)

PB: Hart Publishing

IS: 2041-4005

URL: http://www.ingentaconnect.com/content/hart/tlt/2010/00000001/00000002/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 20.

TI: Framers and Problematisers: Getting to Grips with Global Governance

AU: Brownsword, Roger

JN: Transnational Legal Theory

PD: July 2010

VO: 1

NO: 2

PG: 287-301(15)

PB: Hart Publishing

IS: 2041-4005

URL: http://www.ingentaconnect.com/content/hart/tlt/2010/00000001/00000002/art00004

Click on the URL to access the article or to link to other issues of the publication.

Record 21.

TI: Teaching International Business Negotiation: Reflections on Three Decades of Experience

AU: Salacuse, Jeswald W.

JN: International Negotiation

PD: July 2010

VO: 15

NO: 2

PG: 187-228(42)

PB: Martinus Nijhoff Publishers

IS: 1382-340X

URL: http://www.ingentaconnect.com/content/mnp/iner/2010/00000015/00000002/art00003

Click on the URL to access the article or to link to other issues of the publication.

Record 22.

TI: Public-Private Partnerships in Slovenia: Recent Developments and Perspectives

AU: Ticar, Bojan; Zajc, Katarina

JN: Review of Central and East European Law

PD: June 2010

VO: 35

NO: 2

PG: 191-215(25)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2010/00000035/00000002/art00003

Click on the URL to access the article or to link to other issues of the publication.

Record 23.

TI: Tracing the Earliest Recorded Concepts of International Law. (5) The Near East 1200330 BCE

AU: Altman, Amnon

JN: Journal of the History of International Law

PD: March 2010

VO: 12

NO: 1

PG: 101-153(53)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2010/00000012/00000001/art00003

Click on the URL to access the article or to link to other issues of the publication.

Record 24.

TI: On Coming to Terms with the Israeli-Palestinian Conflict: From Coexistence to Conquest. International Law and the Origins of the Arab-Israeli Conflict, 18911949, Victor Kattan

AU: Allain, Jean

JN: Journal of the History of International Law

PD: March 2010

VO: 12

NO: 1

PG: 155-160(6)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2010/00000012/00000001/art00004

Click on the URL to access the article or to link to other issues of the publication.

Record 25.

TI: The Human Rights of Minority Women: Romani Women’s Rights from a Perspective on International Human Rights Law and Politics

AU: Ravnbol, Camilla Ida

JN: International Journal on Minority and Group Rights

PD: February 2010

VO: 17

NO: 1

PG: 1-45(45)

PB: Martinus Nijhoff Publishers

IS: 1385-4879

URL: http://www.ingentaconnect.com/content/mnp/ijgr/2010/00000017/00000001/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 26.

TI: Defining ‘Indigenous’ in Bangladesh: International Law in Domestic Context

AU: Ahmed, Kawser

JN: International Journal on Minority and Group Rights

PD: February 2010

VO: 17

NO: 1

PG: 47-73(27)

PB: Martinus Nijhoff Publishers

IS: 1385-4879

URL: http://www.ingentaconnect.com/content/mnp/ijgr/2010/00000017/00000001/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 27.

TI: Property Rights, Indigenous People and the Developing World: Issues from Aboriginal Entitlement to Intellectual Ownership Rights

AU: Koivurova, Timo

JN: International Journal on Minority and Group Rights

PD: February 2010

VO: 17

NO: 1

PG: 187-195(9)

PB: Martinus Nijhoff Publishers

IS: 1385-4879

URL: http://www.ingentaconnect.com/content/mnp/ijgr/2010/00000017/00000001/art00006

Click on the URL to access the article or to link to other issues of the publication.

Record 28.

TI: Peoples and International Law How Nationalism and Self-Determination Shape a Contemporary Law of Nations

AU: Errico, Stefania

JN: International Journal on Minority and Group Rights

PD: February 2010

VO: 17

NO: 1

PG: 197-202(6)

PB: Martinus Nijhoff Publishers

IS: 1385-4879

URL: http://www.ingentaconnect.com/content/mnp/ijgr/2010/00000017/00000001/art00007

Click on the URL to access the article or to link to other issues of the publication.

Record 29.

TI: Synergies in Minority Protection: European and International Law Perspectives

AU: Guliyeva, Gulara

JN: International Journal on Minority and Group Rights

PD: February 2010

VO: 17

NO: 1

PG: 203-209(7)

PB: Martinus Nijhoff Publishers

IS: 1385-4879

URL: http://www.ingentaconnect.com/content/mnp/ijgr/2010/00000017/00000001/art00008

Click on the URL to access the article or to link to other issues of the publication.

Record 30.

TI: How Do We Know Them When We See Them? The Subjective Evolution in the Identification of Victim Groups for the Purpose of Genocide

AU: Young, Rebecca

JN: International Criminal Law Review

PD: January 2010

VO: 10

NO: 1

PG: 1-22(22)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2010/00000010/00000001/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 31.

TI: Disclosure before the ICC: The Emergence of a New Form of Policies Implementation System in International Criminal Justice?

AU: Caianiello, Michele

JN: International Criminal Law Review

PD: January 2010

VO: 10

NO: 1

PG: 23-42(20)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2010/00000010/00000001/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 32.

TI: The International Criminal Court and “Internationally Recognized Human Rights”: Understanding Article 21(3) of the Rome Statute

AU: Sheppard, Daniel

JN: International Criminal Law Review

PD: January 2010

VO: 10

NO: 1

PG: 43-71(29)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2010/00000010/00000001/art00003

Click on the URL to access the article or to link to other issues of the publication.

Record 33.

TI: Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control A Commentary

AU: Rothe, Dawn L.; Mullins, Christopher W.

JN: International Criminal Law Review

PD: January 2010

VO: 10

NO: 1

PG: 97-110(14)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2010/00000010/00000001/art00005

Click on the URL to access the article or to link to other issues of the publication.

Record 34.

TI: Heritage versus Big Business: Lessons from The YUKOS Affair

AU: Zhukovskaya, Natalia L.

JN: Inner Asia

PD: June 2009

VO: 11

NO: 1

PG: 157-167(11)

PB: BRILL

IS: 1464-8172

URL: http://www.ingentaconnect.com/content/brill/inas/2009/00000011/00000001/art00010

Click on the URL to access the article or to link to other issues of the publication.

Record 35.

TI: Environmental Displacement in European Asylum Law

AU: Kolmannskog, Vikram; Myrstad, Finn

JN: European Journal of Migration and Law

PD: October 2009

VO: 11

NO: 4

PG: 313-326(14)

PB: Brill Academic Publishers

IS: 1388-364X

URL: http://www.ingentaconnect.com/content/mnp/emil/2009/00000011/00000004/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 36.

TI: The Inter-relationship between International and National Minority-Rights Law in Selected Western Balkan States

AU: Engl, Alice; Harzl, Benedikt

JN: Review of Central and East European Law

PD: November 2009

VO: 34

NO: 4

PG: 307-335(29)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2009/00000034/00000004/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 37.

TI: Fuzzy Statehood: An International Legal Perspective on Kosovo’s Declaration of Independence

AU: Knoll, Bernhard

JN: Review of Central and East European Law

PD: November 2009

VO: 34

NO: 4

PG: 361-402(42)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2009/00000034/00000004/art00004

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Record 38.

TI: Measuring the security of persons belonging to National Minorities: Indicators for assessing the impact of the FCNM in its State Parties

AU: Malloy, Tove; Medda-Windischer, Roberta; Lantschner, Emma

JN: Security and Human Rights

PD: November 2009

VO: 20

NO: 4

PG: 277-293(17)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1874-7337

URL: http://www.ingentaconnect.com/content/mnp/hels2/2009/00000020/00000004/art00004

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Record 39.

TI: OSCE’s police-related activities: Lessons-learned during the last decade

AU: Stodiek, Thorsten

JN: Security and Human Rights

PD: September 2009

VO: 20

NO: 3

PG: 201-211(11)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1874-7337

URL: http://www.ingentaconnect.com/content/mnp/hels2/2009/00000020/00000003/art00004

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Record 40.

TI: A dangerous precedent? The political implications of Kosovo’s independence on ethnic conflicts in South-Eastern Europe and the CIS

AU: Richter, Solveig; Halbach, Uwe

JN: Security and Human Rights

PD: September 2009

VO: 20

NO: 3

PG: 223-237(15)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1874-7337

URL: http://www.ingentaconnect.com/content/mnp/hels2/2009/00000020/00000003/art00006

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Record 41.

TI: The OSCE and transnational security challenges

AU: Ackermann, Alice

JN: Security and Human Rights

PD: September 2009

VO: 20

NO: 3

PG: 238-245(8)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1874-7337

URL: http://www.ingentaconnect.com/content/mnp/hels2/2009/00000020/00000003/art00007

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Record 42.

TI: Do Discrimination and Inequality Exist in the Russian Legal System? International Law, National Legislation and Judicial Practice

AU: Marochkin, Sergei Iu.

JN: Review of Central and East European Law

PD: August 2009

VO: 34

NO: 3

PG: 211-238(28)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2009/00000034/00000003/art00001

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Record 43.

TI: Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia

AU: Budylin, Sergey

JN: Review of Central and East European Law

PD: May 2009

VO: 34

NO: 2

PG: 137-172(36)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2009/00000034/00000002/art00003

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Record 44.

TI: Faith in the State? Traditions of Territoriality, International Law and the Emergence of Modern Arab Statehood

AU: Burgis, Michelle

JN: Journal of the History of International Law

PD: March 2009

VO: 11

NO: 1

PG: 37-79(43)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2009/00000011/00000001/art00002

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Record 45.

TI: Tracing the Earliest Recorded Concepts of International Law. (4) The Near East in the Late Bronze Age (1600-1200 BCE)

AU: Altman, Amnon

JN: Journal of the History of International Law

PD: March 2009

VO: 11

NO: 1

PG: 125-186(62)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2009/00000011/00000001/art00005

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Record 46.

TI: In Quest of Order and Capturing the Complexity of International Law: The Historical Foundations of World Order, Douglas M. Johnston

AU: Focarelli, Carlo

JN: Journal of the History of International Law

PD: March 2009

VO: 11

NO: 1

PG: 187-201(15)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2009/00000011/00000001/art00006

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Record 47.

TI: Regulating religion in Post-Soviet Central Asia: Some remarks on Religious Association Law and ‘official’ Islamic institutions in Tajikistan

AU: Epkenhans, Tim

JN: Security and Human Rights

PD: March 2009

VO: 20

NO: 1

PG: 94-99(6)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1874-7337

URL: http://www.ingentaconnect.com/content/mnp/hels2/2009/00000020/00000001/art00016

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Record 48.

TI: Parental Religious Rights vs. Compulsory Religious Education in Turkey

AU: Akbulut, Olgun; Usal, Zeynep Oya

JN: International Journal on Minority and Group Rights

PD: November 2008

VO: 15

NO: 4

PG: 433-455(23)

PB: Martinus Nijhoff Publishers

IS: 1385-4879

URL: http://www.ingentaconnect.com/content/mnp/ijgr/2008/00000015/00000004/art00001

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Record 49.

TI: Indigenous Peoples’ Land Rights: Developing a Sui Generis Approach to Ownership and Restitution

AU: Duffy, Aoife

JN: International Journal on Minority and Group Rights

PD: November 2008

VO: 15

NO: 4

PG: 505-538(34)

PB: Martinus Nijhoff Publishers

IS: 1385-4879

URL: http://www.ingentaconnect.com/content/mnp/ijgr/2008/00000015/00000004/art00004

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Record 50.

TI: The Legal Protection of Databases: a Study of Jordanian Law

AU: Alqudah, Fayyad

JN: Arab Law Quarterly

PD: November 2008

VO: 22

NO: 4

PG: 359-386(28)

PB: Brill

IS: 0268-0556

URL: http://www.ingentaconnect.com/content/brill/alq/2008/00000022/00000004/art00002

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Record 51.

TI: Dispute Settlement Under the UN Convention on the Law of the Sea: Survey for 2007

AU: Churchill, Robin

JN: The International Journal of Marine and Coastal Law

PD: December 2008

VO: 23

NO: 4

PG: 601-642(42)

PB: Martinus Nijhoff Publishers

IS: 0927-3522

URL: http://www.ingentaconnect.com/content/mnp/estu/2008/00000023/00000004/art00002

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Record 52.

TI: The European Community, the European Court of Justice and the Law of the Sea

AU: Boelaert-Suominen, Sonja

JN: The International Journal of Marine and Coastal Law

PD: December 2008

VO: 23

NO: 4

PG: 643-713(71)

PB: Martinus Nijhoff Publishers

IS: 0927-3522

URL: http://www.ingentaconnect.com/content/mnp/estu/2008/00000023/00000004/art00003

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Record 53.

TI: China and International Fisheries Law and Policy

AU: Nordquist, Myron H.

JN: The International Journal of Marine and Coastal Law

PD: December 2008

VO: 23

NO: 4

PG: 779-783(5)

PB: Martinus Nijhoff Publishers

IS: 0927-3522

URL: http://www.ingentaconnect.com/content/mnp/estu/2008/00000023/00000004/art00007

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Record 54.

TI: Kosovo’s Declaration of Independence: Self-Determination and Sovereignty Revisited

AU: Muharremi, Robert

JN: Review of Central and East European Law

PD: October 2008

VO: 33

NO: 4

PG: 401-435(35)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2008/00000033/00000004/art00002

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Record 55.

TI: United Nations Member States’ Obligations Towards the ICTY: Arresting and Transferring Lukic, Gotovina, and Zelenovic

AU: Gamarra, Yolanda; Vicente, Alejandra

JN: International Criminal Law Review

PD: October 2008

VO: 8

NO: 4

PG: 627-653(27)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2008/00000008/00000004/art00001

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Record 56.

TI: The ICC and the Crime of Aggression: A Need to Reconcile the Prerogatives of the SC, the ICC and the ICJ

AU: Reddi, Vimalen J.

JN: International Criminal Law Review

PD: October 2008

VO: 8

NO: 4

PG: 655-686(32)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2008/00000008/00000004/art00002

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Record 57.

TI: From Human Rights to International Criminal Law Studies in Honour of an African Jurist, the Late Laity Kama International Prosecution of Human Rights Crimes The Milosevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings Law in the War on International Terrorism

AU: O’Donoghue, Aoife

JN: International Criminal Law Review

PD: October 2008

VO: 8

NO: 4

PG: 690-698(9)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2008/00000008/00000004/art00004

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Record 58.

TI: The Grammar of Criminal Law, Volume One: Foundations Statutory Limitations in International Criminal Law Extraordinary Justice – Military Tribunals in Historical and International Context Blood, Power and Bedlam Violations of International Criminal Law in Post-Colonial Africa Die Bekampfung nicht-staatlicher Angreifer im Luftraum International Law and Armed Conflict: Exploring the Faultlines, Essays in Honour of Yoram Dinstein Jurisprudence of the International Criminal Courts and the European C

AU: Bohlander, Michael

JN: International Criminal Law Review

PD: October 2008

VO: 8

NO: 4

PG: 699-712(14)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

URL: http://www.ingentaconnect.com/content/mnp/icla/2008/00000008/00000004/art00005

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Record 59.

TI: Russian National Legal Tradition: Svod versus Ulozhenie in Nineteenth-century Russia

AU: Borisova, Tatiana

JN: Review of Central and East European Law

PD: July 2008

VO: 33

NO: 3

PG: 295-341(47)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2008/00000033/00000003/art00002

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Record 60.

TI: Theorising the UN Convention on the Rights of the Child within Canadian Post-Secondary Education: A Grounded Theory Approach

AU: Mitchell, Richard C.; McCusker, Shawna

JN: The International Journal of Children’s Rights

PD: May 2008

VO: 16

NO: 2

PG: 159-176(18)

PB: Martinus Nijhoff Publishers

IS: 0927-5568

URL: http://www.ingentaconnect.com/content/mnp/chil/2008/00000016/00000002/art00002

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Record 61.

TI: Tracing the Earliest Recorded Concepts of International Law. (3) The Ancient Near East in the Old Babylonian Period (2003-1595 BCE)

AU: Altman, Amnon

JN: Journal of the History of International Law

PD: May 2008

VO: 10

NO: 1

PG: 1-33(33)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2008/00000010/00000001/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 62.

TI: Imperialism, Sovereignty and the Making of International Law

AU: Zobel, Katharina

JN: Journal of the History of International Law

PD: May 2008

VO: 10

NO: 1

PG: 167-171(5)

PB: Martinus Nijhoff Publishers

IS: 1388-199X

URL: http://www.ingentaconnect.com/content/mnp/jhil/2008/00000010/00000001/art00007

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Record 63.

TI: Freedom of Expression on the Internet: A Case Study of Uzbekistan

AU: Kozhamberdiyeva, Zhanna

JN: Review of Central and East European Law

PD: January 2008

VO: 33

NO: 1

PG: 95-134(40)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2008/00000033/00000001/art00002

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Record 64.

TI: Law as an Implicit Third Party in International Negotiation

AU: Beltramino, Juan Carlos M.

JN: International Negotiation

PD: October 2007

VO: 12

NO: 3

PG: 347-356(10)

PB: Martinus Nijhoff Publishers

IS: 1382-340X

URL: http://www.ingentaconnect.com/content/mnp/iner/2007/00000012/00000003/art00004

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Record 65.

TI: Bosnia and Herzegovina: The Right to Liberty and Security of the Person through Relevant Case Law

AU: Ademovic, Nedim

JN: Review of Central and East European Law

PD: November 2007

VO: 32

NO: 4

PG: 381-409(29)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2007/00000032/00000004/art00001

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Record 66.

TI: Women, the Koran and International Human Rights Law: The Experience of Pakistan

AU: Iqbal, Khurshid

JN: Religion and Human Rights

PD: November 2007

VO: 2

NO: 3

PG: 189-193(5)

PB: Martinus Nijhoff Publishers

IS: 1871-031X

URL: http://www.ingentaconnect.com/content/mnp/rhrs/2007/00000002/00000003/art00007

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Record 67.

TI: The Mandate of the Special Rapporteur on Freedom of Religion or BeliefInstitutional, Procedural and Substantive Legal Issues

AU: Wiener, Michael

JN: Religion and Human Rights

PD: June 2007

VO: 2

NO: 1-2

PG: 3-17(15)

PB: Martinus Nijhoff Publishers

IS: 1871-031X

URL: http://www.ingentaconnect.com/content/mnp/rhrs/2007/00000002/F0020001/art00001

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Record 68.

TI: Instrumentalisation of Private International Law in the European Union: Towards a European Conflicts Revolution?

AU: Meeusen, Johan

JN: European Journal of Migration and Law

PD: August 2007

VO: 9

NO: 3

PG: 287-305(19)

PB: Brill Academic Publishers

IS: 1388-364X

URL: http://www.ingentaconnect.com/content/mnp/emil/2007/00000009/00000003/art00002

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Record 69.

TI: Access to Justice: Foreign Persons and Russia’s New Arbitration Procedure Code (Part I)

AU: Yarkov, V.V.

JN: Review of Central and East European Law

PD: April 2007

VO: 32

NO: 2

PG: 121-189(69)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2007/00000032/00000002/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 70.

TI: The Status of International Treaties in the Legal System of Azerbaijan

AU: Abdullahzade, Cavid

JN: Review of Central and East European Law

PD: April 2007

VO: 32

NO: 2

PG: 233-256(24)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2007/00000032/00000002/art00003

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Record 71.

TI: Minimum Standards for Return Procedures and International Human Rights Law

AU: Phuong, Catherine

JN: European Journal of Migration and Law

PD: March 2007

VO: 9

NO: 1

PG: 105-125(21)

PB: Brill Academic Publishers

IS: 1388-364X

URL: http://www.ingentaconnect.com/content/mnp/emil/2007/00000009/00000001/art00005

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Record 72.

TI: Between Private and Public International Law: Exorbitant Jurisdiction as Illustrated by the Yukos Case

AU: Moss, Giuditta Cordero

JN: Review of Central and East European Law

PD: March 2007

VO: 32

NO: 1

PG: 1-17(17)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2007/00000032/00000001/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 73.

TI: Recovering the Historical Rechtsstaat

AU: Bhat, Girish N.

JN: Review of Central and East European Law

PD: March 2007

VO: 32

NO: 1

PG: 65-97(33)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2007/00000032/00000001/art00004

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Record 74.

TI: The Duty to Protect and the Reform of the United Nations A New Step in the Development of International Law?

AU: Hilpold, Peter

JN: Max Planck Yearbook of United Nations Law

PD: June 2006

VO: 10

NO: 1

PG: 35-69(35)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1389-4633

URL: http://www.ingentaconnect.com/content/mnp/mpunyb/2006/00000010/00000001/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 75.

TI: International Law and Military Operations in Space

AU: Schmitt, Michael N.

JN: Max Planck Yearbook of United Nations Law

PD: June 2006

VO: 10

NO: 1

PG: 89-125(37)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1389-4633

URL: http://www.ingentaconnect.com/content/mnp/mpunyb/2006/00000010/00000001/art00004

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Record 76.

TI: Internet Regulation and the Role of International Law

AU: Segura-Serrano, Antonio

JN: Max Planck Yearbook of United Nations Law

PD: June 2006

VO: 10

NO: 1

PG: 191-272(82)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1389-4633

URL: http://www.ingentaconnect.com/content/mnp/mpunyb/2006/00000010/00000001/art00006

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Record 77.

TI: The New Chilean Arbitration Law: Will Chile Become a New International Arbitration Venue?

AU: Varela, Karina Cherro

JN: Max Planck Yearbook of United Nations Law

PD: June 2006

VO: 10

NO: 1

PG: 681-729(49)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1389-4633

URL: http://www.ingentaconnect.com/content/mnp/mpunyb/2006/00000010/00000001/art00015

Click on the URL to access the article or to link to other issues of the publication.

Record 78.

TI: The Rollback of Democracy in Russia after Beslan

AU: Lemaitre, Roemer

JN: Review of Central and East European Law

PD: December 2006

VO: 31

NO: 4

PG: 369-411(43)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2006/00000031/00000004/art00001

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Record 79.

TI: Third World Approaches to International Law: A Manifesto

AU: Chimni, B.S.

JN: International Community Law Review

PD: April 2006

VO: 8

NO: 1

PG: 3-27(25)

PB: Martinus Nijhoff Publishers

IS: 1871-9740

URL: http://www.ingentaconnect.com/content/mnp/iclr/2006/00000008/00000001/art00002

Click on the URL to access the article or to link to other issues of the publication.

Record 80.

TI: The Due Diligence Principle Under International Law

AU: Barnidge, Robert P.

JN: International Community Law Review

PD: April 2006

VO: 8

NO: 1

PG: 81-121(41)

PB: Martinus Nijhoff Publishers

IS: 1871-9740

URL: http://www.ingentaconnect.com/content/mnp/iclr/2006/00000008/00000001/art00006

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Record 81.

TI: Inherent Rights of Aboriginal Peoples in Canada Reflections of the Debate in National and International Law

AU: Heinamaki, Leena

JN: International Community Law Review

PD: April 2006

VO: 8

NO: 1

PG: 155-202(48)

PB: Martinus Nijhoff Publishers

IS: 1871-9740

URL: http://www.ingentaconnect.com/content/mnp/iclr/2006/00000008/00000001/art00008

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Record 82.

TI: Contract Law Harmonization and Regional Integration: Can the CIS Learn From the EU?

AU: Dragneva, Rilka; Ferrari, Elena Ioriatti

JN: Review of Central and East European Law

PD: July 2006

VO: 31

NO: 1

PG: 1-43(43)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2006/00000031/00000001/art00001

Click on the URL to access the article or to link to other issues of the publication.

Record 83.

TI: Bulgarian Criminal Procedure: The New Philosophy and Issues of Approximation

AU: Marinova, Gergana

JN: Review of Central and East European Law

PD: July 2006

VO: 31

NO: 1

PG: 45-79(35)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2006/00000031/00000001/art00002

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Record 84.

TI: The Regulation of Subsoil Resource Usage: The Erosion of the “Two-Key” Principle and Its Inclusion into the Framework of Civil Law

AU: Skyner, Louis

JN: Review of Central and East European Law

PD: July 2006

VO: 31

NO: 1

PG: 81-110(30)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2006/00000031/00000001/art00003

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Record 85.

TI: 1939-1945: Environmental Aspects of the War in Europe

AU: Tikhomirov, Sergey N.

JN: Review of Central and East European Law

PD: July 2006

VO: 31

NO: 1

PG: 111-125(15)

PB: Martinus Nijhoff Publishers

IS: 0925-9880

URL: http://www.ingentaconnect.com/content/mnp/rela/2006/00000031/00000001/art00004

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Record 86.

TI: Criminal Responsibility in International Law: Liability Shaped By Policy Goals and Moral Outrage

AU: van Sliedregt, Elies

JN: European Journal of Crime, Criminal Law and Criminal Justice

PD: March 2006

VO: 14

NO: 1

PG: 81-114(34)

PB: Martinus Nijhoff Publishers

IS: 0928-9569

URL: http://www.ingentaconnect.com/content/mnp/eccl/2006/00000014/00000001/art00004

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IV. Blogs (select items)

Hana Heineken, Getting the IFC to Respect and Protect Human Rights, CIEL Worldview (Mar. 2, 2011)

Heller and Dehn (continued & concluded), Targeted Killing: The Case of Anwar Al-Aulaqi, PENNumbra (Mar. 2, 2011)

K. Kesavapany, ASEAN and the Cambodian-Thai Conflict, East Asia Forum (Mar. 1, 2011)

Simon Lester, Can Authorized Trade Retaliation Violate Investment Law Provisions?, International Economic Law and Policy Blog (Mar. 1, 2011)

Max du Plessis and Christopher Gevers, The UN Security Council refers Libya to the International Criminal Court, War and Law (1 Mar 2011)

Monika Kalra Varma, Monitoring Rights Abuses in Western Sahara, IntLawGrrls (Mar. 1, 2011)

Security Council Refers Libya to ICC, Hague Justice Portal (1 Mar 2011)

Melina Pardon, Even the Judges are Getting Angry – The Roundup, UK Human Rights Blog (Feb. 28, 2011)

Adam Wagner, Torture is Wrong: Discuss, UK Human Rights Blog (Feb. 28, 2011)

Gentian Zyberi, OTP/ICC Issues Statement on Libya, International Law Observer (Feb. 28, 2011)

Stefan Talmon, Has the United Kingdom De-Recognized Colonel Qadhafi as Head of State of Libya, EJIL: Talk! (Feb. 28, 2011)

Beth Van Schaack, ATS Case Involving Abuse By Church Officials Survives Motion to Dismiss, IntLawGrrls (Feb. 28, 2011)

Brazilian Judge Halts Plans for Controversial Belo Monte Dam, Yale Environment360 (28 Feb 2011)

Diane Marie Amann, ICC Referral: Sweet, or Bittersweet?, IntLawGrrls (Feb. 28, 2011)

Kevin Jon Heller, Could the Prosecutor Decide Not to Investigate the Libyan Situation?, Opinio Juris (Feb. 28, 2011)

Trachtman, Wisconsin and International Labor Law, International Economic Law and Policy Blog (Feb. 27, 2011)

Kevin Jon Heller, Can the Security Council Define the Limits of a “Situation”?, Opinio Juris (Feb. 27, 2011)

Kevin Jon Heller, Security Council Refers the Situation in Libya to the ICC, Opinio Juris (Feb. 27, 2011)

Marko Milanovic, Security Council Adopts Resolution 1970 (2011) with Respect to Libya, EJIL: Talk (Feb. 27, 2011)

William A. Schabas, Libya Referred to the International Criminal Court by the Security Council, PhD Studies in Human Rights (27 Feb 2011)

Hope Lewis, Libya: Global Condemnations of Human Rights Violations, IntLawGrrls (Feb. 26, 2011)

Volker Behr, Unifying International Civil Procedure and Private International Law in the European Union, Jurist Forum (Feb. 26, 2011)

William A. Schabas, Gaddafi and the Special Court for Sierra Leone: Did UK let Gaddafi Off the Hook?, PhD Studies in Human Rights (26 Feb 2011)

Stefan Talmon, Could the International Court of Justice Indicate a No Fly Zone Over Libya?, EJIL: Talk! (Feb. 25, 2011)

Amanda Kistler, The Real Cost of Gold: Undermining Human Rights in Guatamala, CIEL Worldview (Feb. 25, 2011)

Kenneth Anderson, Concepts of Accountability in International Law and Institutions, Opinio Juris and Volokh Conspiracy (Feb. 25, 2011)

Colum Lynch, Europeans, backed by U.S., demand U.N. investigation of Libyan war crimes, FP Turtle Bay (Feb. 25, 2011)

Chris Borgen, The “Libya and Humanitarian Intervention” Meme, Opinio Juris (Feb. 24, 2011)

Patrick S. O’Donnell, Humanitarian (i.e., military and/or otherwise) Intervention in Libya?, Ratio Juris (Feb. 24, 2011)

Adam Wagner, Julian Assange Must Face Rape Charges in Sweden, Judge Rules, UK Human Rights Blog (Feb. 24, 2011)

Christina Finch, Welcome UN Women! Human Rights Now (Feb. 24, 2011)

Robert Chesney, Does the ICCPR Apply to Detention Ops in Afghanistan? Eviatar Replies and I Respond, Lawfare (Feb. 24, 2011)

IISD, Transparency and Accountability, Trade Policy and Sustainable Development (posted 24 Feb. 2011)

Mark Leon Goldberg, A Responsibility to Protect in Libya, UN Dispatch (Feb. 23, 2011)

V. Podcasts/Videos

C-SPAN, U.N. Expels Libya from Human Rights Council, C-SPAN.org (Mar. 1, 2011)

James Staples, Just Business: International Piracy, Carnegie Council (Feb. 28, 2011)

United Nations Webcast, Security Council Meeting on Peace and Security in Africa (adopting S.C. Res. 1970 imposing sanctions on Libya)(26 Feb 2011 – meeting starts at 8.08 running time)

C-SPAN, United Nations Human Rights Council Libya Special Session Meeting, C-SPAN.org (Feb. 25, 2011)

Mark Leon Goldberg, How the Responsibility to Protect can be Applied to Libya, UN Dispatch (Feb. 24, 2011)(audio)

Mark Malloch Brown, The Unfinished Global Revolution: The Pursuit of a New International Politics, Carnegie Council (Feb. 23, 2011)

CNN, Obama condemns Libyan violence, calls for international response, CNN (Feb. 23, 2011)(video)

Lourdes Garcia-Navarro, Provisional Government Forming in Eastern Libya, NPR (Feb. 23, 2011)(audio)

VI. Gray Literature/Newsletters/Webtools (select items)

UNEP/AMAP Experts Group, Climate Change and POPs: Predicting the Impact, Stockholm Convention on Persistent Organic Pollutants (Mar. 2011)

ICTSD, Bridges Weekly Trade Digest News, Vol. 15, No. 7 (2 Mar 2011)

ICJ, E-Bulletin on Counter-Terrorism and Human Rights (1 Mar 2011)

Security Council Report, Monthly Update (Mar. 2011)

Haki Zetu, ESC Rights in Practice: A Handbook [in four PDF parts}, Amnesty International (Mar. 2011)

PILPG, War Crimes Prosecution Watch, Vol. 5, Issue 24 (Feb. 28, 2011)

Bank Information Center, IF-EYE Newsletter, Issue #52 (Feb. 28, 2011)

Fact Sheet: UN Security Council Resolution 1970, Libya Sanctions, United States Mission to the United Nations (Feb. 26, 2011)

Security Council Report, Update Report No. 3, Libya (25 Feb. 2011)

UNEP, et al, Reef at Risk Revisited, Biodiversity Policy & Practice (Feb. 25, 2011)

IISD Reporting Services, MEA Bulletin, Issue 110 (24 Feb 2011)

Tom Syring, European Court of Human Rights’ Judgment on Expulsion of Asylum Seekers: M.S.S. v. Belgium & Greece, ASIL Insight (Feb. 24, 2011)

Antonio G.M. La Vina, Lawrence Ang & Joanne Dulce, The Cancun Agreements: Do they advance global cooperation on climate change?, FIELD (blogged 24 Feb 2011)

UN-REDD Programme, Newsletter, Issue #16 (Feb. 2011)

Homeland Security Digital Library, The Naval Postgraduate School Center for Homeland Defense and Security (webtool)

UNFCCC, The Cancun Agreements: An assessment by the Executive Secretary of the United Nations Framework Convention on Climate Change (webtool)(blog by the Secretariat)

VII. International Documents/Negotiations/Meetings

Intergovernmental Preparatory Meeting for the Nineteenth Session of the Commission on Sustainable Development, IISD Reporting Services (28 Feb – 4 March, 2011)

Inter-American Commission on Human Rights, The Rules of the Inter-American Commission on Human Rights (IACHR) governing the Legal Assistance Fund of the Inter-American Human Rights System enter into force, Organization of American States (Mar. 1, 2011)

Remarks by Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, on the UNGA Libya Resolution, United States Mission to the United Nations (Mar. 1, 2011)

Remarks by Secretary of State Hilary Rodham Clinton at the Human Rights Council, U.S. Department of State (Feb. 28, 2011)

Remarks by John M. Matuszak, Office of Environmental Policy, Bureau of Oceans, Environment and Science, U.S. Department of State, at an Intergovernmental Preparatory Meeting of the UN Commission on Sustainable Development, United States Mission to the United Nations (Feb. 28, 2011)

U.N. Security Council, Bosnia and Herzegovina, Colombia, France, Gabon, Germany, Lebanon, Nigeria,

Portugal, South Africa, United Kingdom of Great Britain and Northern Ireland and United States of America: Draft Resolution [on the situation in the Libyan Arab Jamahiriya], U.N. Doc. S/2011/95 (26 Feb 2011)

United States Mission to the United Nations, Remarks by Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, In an Explanation of Vote on Resolution 1970 (Feb. 26, 2011)

U.N. Human Rights Council, S-15/2 Situation of Human Rights in the Libyan Arab Jamahiriya, A/HRC/S-15/2 (25 Feb 2011)

U.N. Human Rights Council, Statement by the United Nations Special Rapporteur on the situation of human rights in Cambodia, Professor Surya P. Subedi, Press Release (Feb. 24, 2011)

U.N. Human Rights Council, 15th Special Session on the “Situation of human rights in the Libyan Arab Jamahiriya” (23 Feb 2011)

U.N. Human Rights Council, Report of the High Commissioner for Human Rights on the Situation of Human Rights in Côte d’Ivoire (Draft, 15 Feb 2011)

Inter-American Commission on Human Rights, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-American System, OAE/Ser.L/V/II.Doc.56/09 (30 Dec. 2009)(2010)

VIII. Media/Press Releases (select items)

Sarah Posner, ICC to Open Probe into Libya Violence, Jurist Paper Chase Newsburst (Mar. 2, 2011)

UN News Service, UN Opens Office to Help Central African Nations Consolidate Peace, Prevent Conflict, UN News Centre (2 Mar 2011)

Matt Glenn, Malaysia Court Agrees to Hear Indigenous Land Rights Suit, Jurist Paper Chase Newsburst (Mar. 2, 2011)

UN News Service, General Assembly Suspends Libya from Rights Body; Ban Says Regional Change Must Come From Within, UN News Centre (1 Mar 2011)(also UN Watch; Jurist Paper Chase Newsburst)

Howard LaFranchie, Rebukes to Libya Mount as UN Kicks it off Human Rights Council, Christian Science Monitor (Mar. 1, 2011)

Reuters, UN Urges Japan to Accept Kyoto Extension, Reuters Africa (Feb. 28, 2011)

Chico Harlan, North Korea Threatens Firing Attacks on South over leaflets about Mideast Turmoil, Washington Post (Feb. 27, 2011)

Edward Wyatt, Security Council Calls for War Crimes Inquiry in Libya, New York Times (Feb. 26, 2011)(also BBC (2/27), Los Angeles Times/Babylon & Beyond blog (2/27), AlertNet/Human Rights Watch (2/27))

U.N. Department of Public Information, In Swift Decisive Action, Security Council Imposes Tough Measures on Libyan Region, Adopting Resolution 1970 in Wake of Crackdown on Protesters: Situation Referred to International Criminal Court; Secretary-General Expresses Hope Message ‘Heard and Heeded’ in Libya, Security Council 6491st Meeting, SC/10187 (26 Feb 2011)

Renée Loth, America’s Debt to the UN, Boston.com (Feb. 26, 2011)

Office of the High Commissioner for Human Rights, UN Human Rights Council Recommends Suspension of Libya, United Nations Human Rights (Feb. 25, 2011)

UN News Service, Ban Calls on Security Council to Consider Immediate Steps to Stop Killings in Libya, UN News Centre (25 Feb 2011)

Viola Gienger, U.S. Supports Expelling Libya from UN Rights Council, Bloomberg (Feb. 25, 2011)

ILO, Statement by ILO Director-General on the Situation in Libya, International Labor Organization (Feb. 24, 2011)

UN News Service, Tunisia: UN Human Rights Team Lays Out Path For Transition to Democracy, UN News Centre (24 Feb 2011)

Ann Riley, Libya Leader Alleged to Have Ordered Lockerbie Bombing, Jurist Paper Chase Newsburst (Feb. 24, 2011)

AP, AP Interview: UN Says Libya May Need No-Fly Zone, Associated Press (Feb. 23, 2011)

UN News Service, UN Tribunal Convicts Former Serbian Police Official for Crimes in Serbia, UN News Centre (23 Feb 2011)

Sarah Posner, ICC Lacks Jurisdiction to Investigate Libya Crimes: Chief Prosecutor, Jurist Paper Chase Newsburst (Feb. 23, 2011)

United Nations Security Council, Security Council Press Statement on Libya, SC/10180 (22 Feb 2011)


* Donald K. Anton, The Australian National University College of Law.  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.

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Filed under Anton's Weekly Digest of International Law Scholarship, International Law, International Law texts

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