Anton’s Weekly Digest of International Law Scholarship, Vol. 2, No. 10 (10 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. 10
(10 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 are sometimes edited for brevity)

Mandatory Versus Default Rules: How Can Customary International Law Be Improved?

Curtis A. Bradley
Duke University – School of Law
G. Mitu Gulati
Duke University – School of Law

Customary International Law (CIL) is plagued with uncertainties about its sources, its content, its manipulability, and its normative attractiveness. The rise of law-making through multilateral treaties also makes the proper role of CIL increasingly uncertain. This is an opportune time, therefore, to be thinking of ways to revive and improve CIL. In a prior article, we argued that the “Mandatory View” of CIL, pursuant to which nations are barred from ever withdrawing unilaterally from rules of CIL, is functionally problematic, at least when applied across the board to all of CIL. We also suggested that CIL might be improved by allowing for exit rights similar to those allowed for under treaty regimes, many of which allow nations to withdraw unilaterally, at least after giving advance notice of their intent to do so. In a series of papers in Yale Law Journal’s online edition, a number of scholars – Lea Brilmayer, William Dodge, David Luban, Carlos Vázquez, and Isaias Tesfalidet – take issue with our proposal of such a “Default View” of CIL. In this essay, we respond to their arguments, while also emphasizing the need for additional consideration of the ways in which CIL might be improved.

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State Cooperation & the International Criminal Court: A Role for the United States?

Beth Van Schaack
Santa Clara University – School of Law
Santa Clara University Legal Studies Research Paper No. 5-11

This article appeared in a white paper from the American Society of International Law on the relationship between the United States and the International Criminal Court in the post-Kampala Review Conference period. This article is premised on the recognition that (1) the International Criminal Court is almost entirely dependent on State cooperation to effectuate its mandate to bring to justice individuals responsible for committing “the most serious crimes of concern to the international community as a whole” and (2) cooperation is central to the evolving relationship between the ICC and the United States. Notwithstanding the rapprochement between the ICC and the U.S. under the Obama administration, domestic legislation dating from the Bush Administration prohibits most forms of cooperation with the Court absent specific waivers or other contingencies. If the United States is to best position itself to use all international tools available to it to advance United States interests in responding effectively to the commission of international crimes, this legislation should be repealed or significantly scaled back. Short of ratifying the ICC Statute, this article discusses a number of ways that the United States can work with the Court to both promote the United States’ foreign policy agenda and support the mission of the Court. It argues that re-engaging with the Court through appropriate cooperative efforts will go far toward restoring the United States to its prior leadership position in the arena of international justice.

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A Tale of Two Architectures: The Once and Future U.N. Climate Change Regime

Daniel Bodansky
Arizona State University Sandra Day O’Connor College of Law

International agreements vary widely in the latitude that they give participating states. Some take a top-down approach, defining particular policies and measures that parties must undertake. Others adopt a more bottom-up approach, allowing each participating state to define its own commitments unilaterally. In the climate change regime, the Kyoto Protocol reflects a top-down approach. Although it gives states freedom in how they implement their commitments, it does not give them similar flexibility in defining the form, nature and content of their commitments. Going forward, the climate change regime faces a choice: continue down the road blazed by Kyoto, or shift to a more bottom-up architecture, focusing on nationally-defined measures. Although the Copenhagen Accord and Cancun Agreements in theory leave this question open, they embrace a bottom-up approach, allowing countries to make national pledges unilaterally. The paper argues that this bottom-up, incremental approach makes sense politically, in order to provide time for countries to learn from experience and to develop trust in the system. Although it is unlikely, in itself, to produce the necessary level of emissions cuts, it represents a useful step forward, by unblocking an apparently stalemated process and by helping to build a foundation for stronger action in the future.

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The Political Economy of Jus Cogens

Paul B. Stephan III
University of Virginia School of Law

This paper, prepared for a conference hosted by Vanderbilt Law School on foreign sovereign immunity at home and abroad, begins with the dispute now before the International Court of Justice, Jurisdictional Immunities of the States (Germany v. Italy). Italy’s courts claim that the normal rule of foreign sovereign immunity that it would apply to a civil suit against a foreign state does not apply if the plaintiff’s claim alleges violations of jus cogens norms of international law. The paper uses this argument as a lens into the history and meaning of the jus cogens concept in international law. The paper demonstrates that the vision of jus cogens one embraces depends on background assumptions about the present and future of the international system. A robust conception of jus cogens assumes both (1) that independent judges and tribunals, informed by the views of non-state actors, can identify core international obligations and manage their tradeoffs with other values pursued by the international legal system, and (2) that the actions of independent judges and tribunals, informed by non-state actors, will influence state behavior. Doubts about the abilities of judges and tribunals, or fear about the rise of powerful and authoritarian actors in the international system, will lead one to assign a much narrower role to jus cogens.

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Efficient Breach of International Law: Optimal Remedies, ‘Legalized Noncompliance,’ and Related Issues

Eric A. Posner
University of Chicago – Law School
Alan O. Sykes
Stanford Law School
U of Chicago Law & Economics, Olin Working Paper No. 546
Stanford Law and Economics Olin Working Paper Forthcoming

In much of the scholarly literature on international law, there is a tendency to condemn violations of the law and to leave it at that. If all violations of international law were indeed undesirable, this tendency would be unobjectionable. We argue in this paper, however, that a variety of circumstances arise under which violations of international law are desirable from an economic standpoint. The reasons why are much the same as the reasons why non-performance of private contracts is sometimes desirable – the concept of “efficient breach,” familiar to modern students of contract law, has direct applicability to international law. As in the case of private contracts, it is important for international law to devise remedial or other mechanisms that encourage compliance where appropriate and facilitate noncompliance where appropriate. To this end, violators ideally should internalize the costs that violations impose on other nations, but should not be “punished” beyond this level. We show that the (limited) international law of remedies, both at a general level and in certain subfields of international law, can be understood to be consistent with this principle. We also consider other mechanisms that may serve to “legalize” efficient deviation from international rules, as well as the possibility that breach of international obligations may facilitate efficient evolution of the underlying substantive law.

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Political Science Research on International Law: The State of the Field

Emilie Marie Hafner-Burton
University of California, San Diego (UCSD) – Graduate School of International Relations and Pacific Studies (IRPS)
David G. Victor
University of California, San Diego (UCSD) – Graduate School of International Relations and Pacific Studies (IRPS)
Yonatan Lupu
University of California, San Diego (UCSD) – Department of Political Science

The discipline of political science has developed an active research program on international institutions. Among its top ranks are scholars who study the development, operation, spread and impact of international legal doctrine and organizations – also matters of great interest to the legal community. Meanwhile, a growing number of public international lawyers have developed an interest in political science research and methods. For more than two decades there have been calls and frameworks for international lawyers and political scientists to collaborate. Some prominent collaborations are under way – sharing research methods and insights. Yet the two fields are still notable for their distance. This essay offers a fresh survey of what political science has learned that may be of special interest to international lawyers. More than 20 years have passed since the last large essay of this type. During that interim the field of political science has made substantial progress in some areas and also shifted its focus to new questions. For lawyers who are not familiar with political science scholarship, our aim is to introduce some of the basic concepts and methods that could contribute to their own research. For the growing number of legal scholars already engaged with research in political science and the other social sciences our aim is to offer a roadmap to political science research that might not yet be apparent and suggest some areas where collaboration is likely to be especially fruitful.

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Deconstructing CEDAW’s Article 14: Naming and Explaining Rural Difference

Lisa R. Pruitt
University of California, Davis – School of Law
William & Mary Journal of Women and the Law, Vol. 17, p. 347, 2011
UC Davis Legal Studies Research Paper No. 248

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the first human rights instrument to recognize explicitly rural-urban difference. It does so by enumerating specific rights for rural women in Article 14 and also by mentioning their needs in relation to Article 10 on education. In this Essay, I examine the Convention’s Travaux Préparatoires to better understand the forces and considerations that led to the inclusion of Article 14 and its recognition of rural people and places. I also assess Article 14’s particular mandates in light of both that drafting history and CEDAW’s other provisions, and I consider the assumptions implicit in the Convention’s embrace of rural exceptionalism. In addition, I offer some thoughts on the expressive significance of the particular rights accorded to rural women, as well as of the explicit acknowledgment of this group – and, by extension, rural populations in their entirety – in this widely ratified treaty. I thus discuss what CEDAW implies about the character of rurality and rural-urban difference. Finally, I argue that CEDAW provides a framework for spatial equality, in addition to the more obvious and comprehensive one for gender equality. This Essay therefore fills a void in the legal scholarship on CEDAW, which often mentions Article 14 in inventories of the Convention’s provisions, but which has largely ignored both its meaning and significance.

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A Valid International Problem vs. A Valid International Law: Shifting modes of Responsibility in International Criminal Law

Cassandra Steer
University of Amsterdam; Cornell University – School of Law

International crimes tend to have an inherently collective nature, creating a tension with the fundamental notion in criminal law of individual responsibility. In attempting to hold individuals responsible for collective crimes, particularly where there was only indirect participation, we have seen monumental shifts in basic notions such as the principle of legality, requirements of mens rea and participation in the actus reus. Creativity may well be required to deal with new ways in which these crimes are committed, but we must be wary that we are not shifting modes of responsibility beyond the basic tenets of criminal law. The central question of this paper is: by what process does the normative content of ICL develop, in particular modes of liability, and what does this mean in terms of valid sources of ICL? Some important questions which will be considered whether the principle of legality should prevent shifts in recognized modes of responsibility, or whether the problems particular to the international nature of ICL warrant acceptance of such shifts. The conclusion asserts that if a concept in ICL cannot be found directly in one of the sources of international law, there is in fact another way by which the normative content of international criminal law is being developed. A dynamic feedback process between domestic and international law-makers can be observed, based on a communication model of law-making in international law. The controversial notion of Joint Criminal Enterprise (JCE) is taken as a case study for how this process of law-making takes place, including difficulties with application of a traditional doctrine of sourcers. Of particular interest is the way in which this mode of liability seems to have grown from its judicial inception to more general application despite uncertainty as to its status under international law. It is the author’s belief that the dynamic process by which international criminal law is being developed can explain the place JCE is taking in this field of law. However some attention should be paid to the ruling principles of criminal law if this is to be considered valid law.

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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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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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Domestic Implementation of International Law

Devina Awasthi
affiliation not provided to SSRN

Austin called international law “positive international morality.” According to Austin, law is the command of the sovereign, and the indeterminacy of sovereign at the international level and the lack of coercive force had made him classify international law as mere positive morality. Indeed, the sovereignty of the nation-State is one of the foundational principles of international law. International norms were binding on the States only to the extent expressly consented to by them. Enforcement was based on, what may be called, “naming and shaming.” The loss of good faith at the international arena functioned as the only mechanism to ensure compliance with international norms. Over the years now the concept and vigour of international law has seen gradual and momentous change. The contours of sovereignty have evolved so much that we no longer speak with a prescriptive notion of sovereignty, but are rather trying to devise effective mechanisms, both at national and international levels, for furthering the benefits of people individually as well as collectively. The corollary to the traditional conception of sovereignty was the respect for and non-interference with the domestic legal system. But with the transition in the idea of sovereignty nation-States now have to ensure harmony of domestic law with international law. Compliance with international law is no longer an act of morality, but necessary and, in fact, enforceable. This transition primarily occurred due to the interdependence of the States in all walks of life – a move from self-dependence to globalisation. States no longer are mere contributors of law, but are both contributors and recipients of law. India is no exception to this.

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On the Uncertainties Surrounding the Standard of Proof in Proceedings Before International Courts and Tribunals

Patrick Kinsch
University of Luxembourg
DIRITTI INDIVIDUALI E GIUSTIZIA INTERNAZIONALE, LIBER FAUSTO POCAR, pp. 427-442, G. Venturini & S. Bariatti, eds., Giuffrè, 2009

In the absence of a treaty provision, the standard of proof in proceedings before international courts or tribunals should be a matter for the “general principles of law recognized by civilised nations” to which reference is made in Art. 38 (1) (c) of the ICJ Statute. This, however, leads to an interesting problem: although every tribunal, national or international, has to apply (explicitly or implicitly) some kind of standard of proof, in comparative national law there would appear to be no true unanimity on what the standard of proof should be in civil proceedings and therefore no general agreement between legal systems which could be the basis for extending a standard of proof to, for instance, inter-State disputes as a general principle of law. International criminal proceedings and fact-finding by human rights courts (at least by the ECtHR) are special cases: there is agreement that a high standard of proof – proof beyond a reasonable doubt – applies to them. But this type of clarity is, on the whole, untypical of international proceedings generally. Notoriously, the standard of proof tends to vary from tribunal to tribunal or even from case to case, in a continuum going from a light standard (balance of probabilities) to a high one (proof beyond reasonable doubt).

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Women, Islam and International Law: Within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women

Ekaterina Yahyaoui Krivenko
University of Montreal – Faculty of Law
Ekaterina Yahyaoui Krivenko, WOMEN, ISLAM AND INTERNATIONAL LAW: WITHIN THE CONTEXT OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, Martinus Nijhoff Publishers, 2009

Islam and women’s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and women’s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim States’ participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and women’s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.

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Beyond Fragmentation: WTO Jurisprudence, Environmental Norms and Interactions between Subsystems of International Law

Julian Wyatt
Faculty of Law, University of Geneva
HEI MIS Law Mémoire 2008

This dissertation begins by looking behind the contemporary unity − fragmentation debate to the complex web of functionally-differentiated, but increasingly interrelated subsystems of international law (part I). In the hope of gaining optimal insight into the incredibly wide-ranging phenomenon of subsystem – subsystem interactions within the scope of a relatively short study, the two contrasting fields of international trade law and international environmental law are chosen with attention focused on the frequently ignored possibility of one subsystem’s (the WTO’s) jurisprudence impacting upon the development of another subsystem’s (international environmental law’s) norms (part II). One particular norm of international environmental law, the precautionary principle, presents itself as the sole candidate capable of providing a factual, rather than speculative basis for asserting the existence of such interaction. We therefore spend considerable time analysing how it is understood by each of the two subsystems and exploring the potential for cross-fertilisation of WTO jurisprudence concerning it to the international environmental law realm (part III). While substantially more research must clearly be conducted to test this hypothesis, even within the very specific example analysed, we reveal strong indications that such intersystemic interaction is already quietly occurring or, at the very least, will increasingly occur. Charting our course back from the specific to where we began with the general, we then briefly remark upon the implications of this development for the subsystems of international trade and international environmental law (part IV) and also for the development of the international legal system as a whole (part V). Of particular note is the possibility that this intersystemic phenomenon could result in an uneven development of the broad range of international norms, favouring the values and objectives of the institutionally stronger subsystems over the institutionally weaker subsystems of international law. Such a realisation only serves to render more urgent the need for future research to follow the path laid out by this dissertation’s small and modest first step and undertake a thorough investigation of the dynamics of the interactions between subsystems of contemporary international law.

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The Legal Barriers to International Movement of Goods and Their Impact on the Administration of Small Scale Organisations in the United Kingdom

Kato Gogo Kingston
University of East London – Law
Sacha Christina Kingston
affiliation not provided to SSRN
African Journal of Social Sciences, Vol. 1, No. 1, pp. 75-82, February 2011

The carriage of goods across international boundaries involves bulk and sometimes complex transportation and therefore requires planning and the deployment of resources and logistics. In most cases, the use of sea transportation is commonly preferred. The legal issues surrounding the carriage of goods have informed the development of trade laws and international commercial law including the law of contract. Carriage of Goods by Sea, land and air are comprehensive yet dynamic body of law which continues to develop through statute and case laws, both domestic and foreign. The objective of the paper is to discuss some of the fundamental legal hurdles which confront small scale firms engaging in export and import businesses in the United Kingdom; to discuss some of the problems of the current international trade laws; and, to address the possible implications of failing to comply with the legal requirements of international trade.

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Beyond the Monopoly of States

David Gartner
Arizona State University – Sandra Day O’Connor College of Law
University of Pennsylvania Journal of International Law, Vol. 32, No. 2, p. 595, Winter 2010

In the twenty-first century, a wide range of complex global challenges will require unprecedented levels of global cooperation between states and non-state actors. Yet few leading international institutions today are designed to effectively leverage the resources, ingenuity, and connectivity of diverse societal actors. While some scholars maintain the view that civil society should not meaningfully participate in the governance of international institutions, a new generation of multi-stakeholder institutions points to a new way of understanding the relationship between non-state actors and international institutions. This article examines the role of civil society in the governance of international institutions and highlights this new generation of multi-stakeholder institutions that involve non-state actors as full participants in governance. It applies insights from work on associative democracy to suggest a new approach to evaluating civil society participation within international institutions.

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Refugees

Itamar Mann
Yale University – Law School
Mafe’akh: Lexical Review of Political Thought, No. 2e, Winter 2011

The article traces the development of the refugee in international law, and develops a critique of this definition based in a moral phenomenology of refugees.

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The Neo-Liberal Turn in Regional Trade Agreements

James Thuo Gathii
Albany Law School
Washington Law Review, Vol. 83, No. 3, 2011
Albany Law School Research Paper No. 10-40

This paper makes two primary arguments. First, that the increased resort to bilateral and regional trade agreements has taken a neo-liberal turn. . . . Second, this article argues that bilateralism and regionalism in trade are contemporary fads that are spreading neo-liberal economic ideals in the periphery of the global trading system. . . . [T]his paper argues that the increased number of regional and bilateral trade agreements represents an important opportunity for the further diffusion of neo-liberal economic ideals, an insight often missing in leading accounts that have emphasized how this trend conforms or departs from the norms of the World Trade Organization. This paper does so using a constructivist account of the circumstances under which neo-liberalism arises in the turn towards regionalism and bilateralism. It shows how ideas about market governance and the institutions and experts that generate and perpetuate these ideas impose an incentive structure within which choices in favor of neo-liberalism are more than less likely to be exercised.

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The Gaza Freedom Flotilla and International Law

Andrew Sanger
University of Cambridge
Yearbook of International Humanitarian Law, Vol. 13, June 2011

This paper examines the interception of the Gaza Freedom Flotilla from the perspective of international law, and in doing so, considers three pivotal sets of questions: (1) Does Israel have a prima facie right to blockade Gaza? What is the legal basis for this right? What affect, if any, does the characterisation of the Israeli-Hamas conflict have? (2) If Israel does have a prima facie right to blockade Gaza, is the blockade legally constituted and maintained? What factors are taken into consideration? And finally, (3) can Israel lawfully intercept vessels on the high seas without permission of the flag-state? In what circumstances, and under what conditions, can Israel undertake such an operation? Did Israel act lawfully when it intercepted the Flotilla vessels?

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International Assistance and Cooperation for Access to Essential Medicines

Emily A. Mok
Georgetown University Law Center
Health & Human Rights, Vol. 12, p. 73, 2010
Georgetown Public Law Research Paper No. 11-23
Georgetown Law and Economics Research Paper No. 11-05

Access to essential medicines is a critical problem that plagues many developing countries. With a daunting number of domestic constraints technologically, economically, and otherwise developing countries are faced with a steep uphill battle to meet the human rights obligation of providing essential medicines immediately. To meet these challenges, the international human rights obligations of international assistance and cooperation can play a key role to help developing countries fulfill the need for access to essential medicines. This article seeks to highlight and expand upon the current understanding of international assistance and cooperation for access to essential medicines through a review of obligations identified in international human rights law and a synthesis of official guidance provided on the matter.

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Extraterritorial Intellectual Property Enforcement in the European Union

Marketa Trimble
University of Nevada, Las Vegas – William S. Boyd School of Law
Southwestern Journal of International Law, Forthcoming
UNLV William S. Boyd School of Law Legal Studies Research Paper

This paper was prepared for the 2011 ABILA International Law Weekend – West volume of the Southwestern Journal of International Law. It addresses extraterritorial enforcement of intellectual property rights in the European Union. The maximum length of the paper was set by the Journal. The problems associated with extraterritorial enforcement of intellectual property rights in the European Union (the “EU”) may be divided into three categories: enforcement of unitary EU-wide rights, enforcement of multiple national rights, and enforcement of rights based on one national law with extraterritorial effects on activities in other countries. Although these are three distinct categories of problems, they are interconnected; problems in one category may exacerbate problems in another category, and solutions developed in one category may contribute to the resolution of problems in another category. This article briefly reviews the three categories of problems and demonstrates the interrelatedness of solutions that have been developed or will have to be developed to address the problems.

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International Governance of Autonomous Military Robots

Gary E. Marchant
Arizona State University – College of Law
Braden Allenby
affiliation not provided to SSRN
Ronald Arkin
Georgia Institute of Technology
Edward T. Barrett
U.S. Naval Academy
Jason Borenstein
affiliation not provided to SSRN
Lyn M. Gaudet
affiliation not provided to SSRN
Orde F. Kittrie
Arizona State University (ASU) – Sandra Day O’Connor College of Law
Patrick Lin
California State Polytechnic University, San Luis Obispo
George R. Lucas
affiliation not provided to SSRN
Richard O’Meara
affiliation not provided to SSRN
Jared Silberman
affiliation not provided to SSRN
Columbia Science and Technology Law Review, Forthcoming

Unarmed aerial vehicles (i.e., drones) are already starting to transform the conduct of military engagements, and these systems are projected an increasingly prominent role in military forces in the future. A number of factors will push these systems toward increased autonomy, raising the possibility of the future development of lethal autonomous robotics (LARs). This article seeks to proactively address the ethical, policy, and legal aspects of ALRs. It first describes the technological status and incentives for LARs, and then reviews some ethical and policy concerns that autonomous systems present. The paper then describes three potential routes for proactive governance of LARs: (i) existing legal and policy regimes such as rules of engagement, laws of war, and international humanitarian law; (ii) arms control agreements; and (iii) “soft law” mechanisms such as codes of conduct and international consultative bodies.

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Comparative Approaches to Punishing Hate: The Intersection of Genocide and Crimes Against Humanity

David Nersessian
Boston University School of Law
Stanley Journal of International Law, Vol. 43, p. 221, 2007

The Genocide Convention protects racial, ethnic, religious, and national groups. It does not cover political groups. Some nevertheless suggest that there is no need to consider revising the Convention to include political groups because they are sufficiently protected under other aspects of international criminal law; namely, the crime against humanity of persecution. This assertion is incorrect. Despite some overlap, persecution and genocide have divergent legal elements and protect different societal interests. Far from covering equivalent ground, the actus reus and mens rea of genocide and persecution vary considerably. Genocide is an inchoate crime aimed at the destruction of groups, whereas persecution is a results-based offense aimed at serious discrimination against individuals. They are not cumulative offenses: an offender can properly be convicted of both crimes arising out of the same underlying criminal transaction. The use of persecution as a proxy for political genocide runs afoul of fundamental principles of fair labeling. It is not enough that a given criminal can be punished for some international offense. The labels themselves matter. On the whole, genocide is a more serious offense. Labeling acts of political genocide “persecution” understates the gravity of the conduct and mental state at issue and fails to convey that the political group itself was the true victim of the offense. Persecution also is not even available as a chargeable offense in all instances of political genocide, leaving this ultra-serious criminal conduct to be addressed solely as a domestic crime (or not at all). Taken together, the disparity in treatment reflects a value judgment bythe international community about the relative worth of racial, national, religious and ethnic groups versus political groups. There is no overt recognition in international law that political groups have the right to physical and biological existence “as such.” The existing legal structure thus makes the profound statement that identical acts committed with identical intent against members of political groups never merit the same degree of legal censure as similar acts against members of national, racial, ethnic and religious groups. To the extent that this discrepancy is premised upon the invalid assumption that equivalent protection exists elsewhere in international law, it should be revisited. If political groups indeed are valued equally by the international community — at least insofar as their physical and biological existence — the inescapable conclusion is that a lacuna exists within international criminal law: the scope of protection does not correspond to the degree of worth. This lacuna can be filled only through a parallel offense of political genocide that prohibits the identical criminal conduct intended to destroy political groups “as such.”

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Charting the Wrong Course: The Doctrine of Legitimate Expectations in Investment Treaty Law

Trevor J. Zeyl
affiliation not provided to SSRN
Alberta Law Review, Forthcoming

The doctrine of legitimate expectations, an administrative law concept found in a number of domestic law jurisdictions, has been incorporated into investment treaty law jurisprudence as a general principle of law. The general principles of law are a source of international law derived from Art. 38.1(c) of the ICJ Statute. Their content is determined by comparing national legal practices and extracting standards common to all (or most) national legal systems. To date, investment tribunals have failed to comprehensively examine the practices of domestic jurisdictions that recognize the doctrine of legitimate expectations when determining the scope of the doctrine. Specifically, tribunals have adopted an approach to the doctrine which recognizes a substantive legitimate expectation. This approach gives tribunals the jurisdiction to review the content of administrative decisions. In contrast, many domestic legal systems consider the doctrine as only providing procedural protection, limiting the review power of courts to the examination of how administrative decisions were adopted. This marks a failure by investment tribunals to consider the reasons why this approach is rejected in so many other jurisdictions. This paper examines the domestic sources of the doctrine of legitimate expectations in order to evaluate whether investment treaty tribunals are justified in interpreting the doctrine to include substantive expectations. It concludes that recognizing substantive expectations as part of the general principles of law is at this point premature and amounts to a misstatement of a general principle of law. Instead, I argue that the solution to this problem is found in the emergence of a body of case law that has integrated a ‘balancing test’ when considering legitimate expectations.

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Ban on Minarets from the Standpoint of Swiss Constitutional Law and Public International Law (Jus Cogens)

Giovanni Distefano
University of Neuchatel – Faculty of Law; University of Geneva – Geneva Academy of International Humanitarian Law and Human Rights
Pascal Mahon
University of Neuchatel – Faculty of Law
Journal of Sharia & Law, Vol. 45, pp. 69-84, January 2011

The Swiss vote on the 29th of November, 2009 turned the popular initiative against constructing minarets into a law with a 60% majority of voters. The vote reflects xenophobia and the negative image of Islam or Islamophobia held by the proponents of the initiative. This article deals at the same time with the Swiss Constitutional Law aspects and Public International Law issues, notably the conflict with some of its peremptory norms (jus cogens).

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A Trans-Judicial Dialogue and the Globalizing of Administrative Law

Sungjoon Cho
Chicago Kent College of Law

What if the same commercial dispute is adjudicated both in a domestic court and in an international tribunal? The conventional view (dualism) may tolerate two separate legal conclusions in this situation. However, in the Habermasian postnational constellation, such legal coherence appears not only normatively troublesome but also practically taxing to the global business. Against the backdrop of the recent “double remedy” dispute between the United States and China, this Article seeks to offer a solution to this dilemma via a “trans-judicial dialogue” between a domestic court and an international tribunal. The Article argues that the WTO Appellate Body qua adjudicator can employ the same hermeneutical tool, such as “reasonableness,” adopted by the United States Court of International Trade (USCIT) when the latter reduced the Commerce Department’s alleged discretion over the double remedy issue to null. Furthermore, the Article submits that as such a dialogue matures and deepens, both courts may form some kind of interpretive community, in which they can establish an identifiable pattern of common interpretations. This visible, and thus accessible, judicial practice in an overlapping issue-area, such as trade remedy, is a propitious step toward the convergence of domestic and international administrative law and eventually the globalizing of administrative law.

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The Security Council’s Responsibility to Protect

Anne Peters
University of Basel – Faculty of Law
International Organisations Law Review, Vol. 8, No. 1/2011

The objective of this paper is to spell out the legal consequences of the concept “responsibility to protect” (R2P), postulated as a binding legal principle of international law, for the Security Council and its members. The paper is a thought experiment, because the binding legal force of R2P is not settled. My argument is that, once R2P is accepted as a full-fledged legal principle, the Security Council (and its members) would be under a legal obligation to authorize or to take sufficiently robust action in R2P situations. The paper then discusses the problems engendered by the acceptance of such a material obligation and suggests a procedural obligation to justify inaction instead. This issue is salient, because the real problem is not that the United Nations would intervene too often, but that the Security Council has abstained from authorizing military activities even in situations where the qualitative threshold for triggering what later became to be called R2P had been reached. It is a historical fact that the Security Council has failed to prevent and to stop genocide in Rwanda and Srebrenica. The two inquiry reports on those events in both cases blamed the Security Council and explicitly found the body to be “responsible”. In 1994 and 1995, that responsibility was not a legal one. Security Council hesitation and inaction then did not constitute a breach of a legal obligation. Under the reign of the new principle of R2P, it might.

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Drawing the Right Lessons from ICSID Jurisprudence on the Doctrine of Necessity

Amin George Forji
affiliation not provided to SSRN
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol. 76, No. 1, pp. 44-57, 2010

Bilateral investment treaties (BITs) and the International Centre for the Settlement of Investment Disputes (ICSID) have over the years injected an important dynamic into public international law, that is, the replacement of a political remedy (peaceful cooperation amongst nations) by a legal one (settlement of investment disputes). The institution of ICSID and the revision of BITs in line with its rules have opened the way for direct investors’ claims and investor-state arbitration. The obvious implication of a compulsory arbitration provision is that it has made up for many shortcomings of the diplomatic protection mechanism with, “the potential for an individual investor, with or without the approval of its home government, to press a conflict that may ultimately have diplomatic implications and may affect relations between the two countries concerned”. It is however still debated whether such a mechanism guarantees fairness and equity for both investors and host states, or merely advantages one BIT signatory to the detriment of the other. Argentina has had more cases before the ICSID tribunals than any other country. Faced with an economic crisis in 2001–2002, it ran into conflict with foreign investors when it repealed the Convertibility Law on which most of its BITs had been negotiated. Could that action be justified as one taken in times of peril and in dire need, as sanctioned by international law, or was it just an outright breach of Argentina’s own contractual commitments?

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The Reality of Social Rights Enforcement

David Landau
Florida State University – College of Law

Despite the American refusal to include socio-economic rights in the U.S. constitution or to enforce them, the vast majority of constitutions around the world now include these rights, and courts are enforcing them in increasingly aggressive and creative ways. Scholars have produced a large and theoretically rich literature on the topic. Virtually all of this literature assumes that social rights enforcement is about the advancement of impoverished, marginalized groups. Moreover, the consensus recommendation of that literature, according to scholars like Cass Sunstein and Mark Tushnet, is that courts can enforce socio-economic rights but should do so in a weak-form or dialogical manner, whereby they point out violations of rights but leave the remedies to the political branches. These scholars argue that by behaving this way, courts can avoid severe strains on their democratic legitimacy and capacity. Based on an in-depth case study of Colombia, which draws on my extensive fieldwork within that country, and on evidence from other countries including Brazil, Argentina, Hungary, and India, I argue that both the assumption and the consensus recommendation are wrong. In fact, most social rights enforcement has benefitted middle- or upper- class groups, rather than the poor. Courts are far more likely to protect pension rights for civil servants or housing subsidies for the middle class than they are to transform the lives of marginalized groups. Moreover, the choice of remedy used by the court has a huge effect on whether impoverished groups feel any impact from the intervention. Super-strong remedies like structural injunctions are the most likely ways to transform bureaucratic practice and to positively impact the lives of poorer citizens. The solution to the socio-economic rights problem is to make remedies stronger, not weaker.

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Human Rights in the Context of Disasters: The Special Session of the UN Human Rights Council on Haiti

Allehone Mulugeta Abebe
University of Bern
Journal of Human Rights, Vol. 10, No. 1, pp. 99-111, 2011

The Thirteenth Special Session of the Human Rights Council (HRC) held under a theme “The Support of the Human Rights Council to the Recovery Process in Haiti after the Earthquake of January 12, 2010: A Human Rights Approach” is a significant culmination of a trend that has increasingly highlighted the utility of a human rights approach to disaster response, recovery, and reconstruction. . . . Numerous initiatives and developments of soft-laws have been undertaken in recent past that seek to address some of the most pressing issues stemming from disasters. The General Assembly, for example, has adopted a number of key resolutions on the topic. The International Law Commission (ILC) is currently considering the possibility of developing and codifying international law applicable to the protection of persons during disasters (ILC 2008). Both the International Federation for Red Cross and Red Crescent (IFRC) and the International Strategy for Disaster Risk Reduction are underscoring the importance of developing legal norms not only for effective humanitarian response but also for reducing vulnerability to disasters and mitigating their consequences. HRC’s role in legal development on this topic has so far been indirect. . . . The Council’s engagement on the topic of disasters encourages the Council to work towards the fulfillment of its mandate of ensuring the mainstreaming of human rights within the United Nations system. It presents an opportunity for the Independent Expert on the situation of human rights in Haiti (Independent Expert) to play a catalyst role in ensuring that a human rights approach is integrated in operational activities implemented by UN organizations and others. The resolution adopted during the Thirteenth Special Session importantly recognizes the operational involvement of the Office of the High Commissioner for Human Rights (OHCHR) in protection activities on the ground (HRC 2010). . . .By critically reviewing HRC’s Thirteenth Special Session and the resolution adopted during the meeting, this essay examines the implications of these developments for the protection of human rights in the context of disasters.

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Emergence of the Right to Live in Peace in Japan

Hudson Hamilton
University of Washington School of Law
Australian Journal of Asian Law, Forthcoming

The Constitution of Japan enshrines pacifism in two provisions: the Preamble, which recognises the right of all peoples to live in peace, and Article 9, which renounces war and prohibits the maintenance of war potential. As sweeping as these provisions appear, the Supreme Court of Japan has largely undermined their legal effect. On 17 April 2008, the Nagoya High Court breathed new life into the pacifism of the Constitution when it found a violation of Article 9 in the deployment of Japan’s Self-Defense Forces to Iraq, and further held that the right to live in peace is enforceable in certain situations. Less than a year later, the Okayama District Court followed the Nagoya High Court in recognising the right to live in peace, and provided more detail about the right’s substance. Although both cases were ultimately dismissed for lack of standing, their recognition of the right to live in peace is a significant development in Article 9 litigation. As recognised by the Nagoya and Okayama courts, the right to live in peace can function as a means to enforce Article 9.

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Company Law as an Agent for Migration of CSR-Related International Law into Companies Self-Regulation? The Case of the Danish CSR Reporting Requirement

Karin Buhmann
University of Copenhagen, Institute of Food & Resource Economics – Division of Consumption, Health and Ethics – Law Unit
European Company Law, Vol. 8, No. 2, 2011
University of Oslo Faculty of Law Research Paper No. 2011-05

An amendment to the Danish Financial Statements Act and related provisions for institutional investors etc. have introduced mandatory Corporate Social Responsibility (CSR) reporting for large Danish private and state-owned companies, institutional investors, etc. The reporting requirement was preceded by a governmental Action Plan on CSR which, among other initiatives, announced plans to make CSR reporting mandatory. The reporting requirement does not define CSR but provides that CSR is understood as the voluntary integration in companies’ policies and practices of human rights, social issues, environment, climate and anti-corruption, amongst others. The reporting provision established an option to report, for the purposes of the Danish Act, through submission of a Communication of Progress (CoP) Report under the United Nations Global Compact and/or the Principles for Responsible Investment (PRI). The reporting requirement seeks to promote CSR through transparency. It has a related objective of making more Danish companies participate in the Global Compact. Reporting itself is enforced through government monitoring and fines. Through drawing on civil society monitoring and social and economic sanctions, the reporting provision in a wider sense complements the rather limited international law regime in relation to adverse business social and environmental impact. Based on the role which the Danish Government’s Action Plan and the reporting requirement assign to “internationally agreed principles” and to international human rights and labour rights law in particular, the article argues that initiatives such as the Danish reporting requirement may support a trend towards migration of international human rights law into other legal systems, including national company law, companies’ self-regulation and their contracts with business partners.

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Litigating Against International Business Corporations for Their Actions Abroad: Recent Environmental Cases from the Netherlands

Katinka Danielle Jesse
North-West University
Jonathan M. Verschuuren
Tilburg University – Center for Transboundary Legal Development; Tilburg Sustainability Center
IUCN Academy of Environmental Law eJournal, Vol. 1, 2011

Globalization may have severe negative side impacts on the environment, especially as a consequence of the growing opportunities for businesses to avoid strict national environmental laws by moving operations (or waste) to places in the world where environmental legislation tends to be less well developed and/or enforced. As international law is primarily directed at states and not at transnational corporations, it has serious weaknesses to counteract such severe environmental impacts. Moreover, the few national legislative attempts to specifically regulate the environmental performance of companies that operate abroad, did not pass through parliament. The limitations of law have led to the rise of non-state environmental law in which national authorities play no or only a very limited role. Still, the role of national law has not been played yet: as from the mid-nineties of the past century there is a steadily growing body of court cases from the home state of the parent company. Although, mainly for tax reasons, a relatively large numbers of transnational corporations have chosen the Netherlands as their elected domicile, only recently we saw the first two court cases – one of them still pending – regarding the alleged liability of (partly) Dutch-based corporations for serious environmental impacts caused while operating in Africa. The first one, the Trafigura case, concerned the dumping of hazardous waste in the African state of Ivory Coast. The second one, the Shell-Nigeria case, relates to environmental damages from oil leakage in Nigeria. This paper discuss both cases. Although both the Trafigura case and the Shell-Nigeria case concern overseas environmental impacts, the cases differ considerably. For one, the Trafigura case followed a criminal law track, whereas the Shell-Nigeria case follows a tort proceeding. Secondly, unlike the (Dutch) national law approach used in the Trafigura case, in the Shell-Nigeria case the actual consequences of the oil leakages in Nigeria, and the way RDS and SPDC responded to these are central. Also, in the Shell-Nigeria case, soft law such as codes of conduct might be relevant to support constructing the violation of the duty of care. Given contemporary calls for corporate sustainability, many companies have either volunteered to adhere to codes of conduct and/or have their own ones in place. Independent monitoring mechanisms are, however, seldom incorporated. Through interpretation of a rule of unwritten duty of care with reference to such codes of conduct, they might be uplifted from a merely public relations effort to a useful purpose in transnational tort law.

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International Decision. Opinion 1/08, Community Competence to Conclude with Certain Member States of the WTO Agreements Modifying Schedules of Specific Commitments of the Community and its Member States Under the GATS

Alberto Alemanno
HEC Paris – Law Department
American Journal of International Law, Vol. 104, No. 3, pp. 466-476, 2010

Opinion 1/08 of the Grand Chamber of the European Court of Justice (ECJ) resolves a dispute between the European Commission, supported by the European Parliament, on the one hand, and the Council of the European Union (Council) and fifteen member states, on the other, as to the competence of the European Community (EC) to conclude — with certain members of the World Trade Organization (WTO) — particular agreements (Agreements) modifying the schedules of specific commitments (Schedules) of the EC and its member states under the General Agreement on Trade in Services (GATS). More importantly, by interpreting for the first time some of the provisions defining the common commercial policy (CCP) as they were recast by the Nice Treaty in 2001, this opinion clarifies the scope of the external powers of the EC vis-à-vis its member states. The Court held in essence that the Agreements — although concerning neither exclusively nor predominantly sensitive sectors, such as culture, education, as well as social and human health services — fall within the shared competence of the EC and its member states. Interestingly enough, the opinion was rendered on November 30, 2009, on the eve of the entry into force of the Lisbon Treaty, which, inter alia, modified once more the CCP provisions. Yet, this opinion remains relevant to the extent that it helped to resolve another dispute pending before the ECJ on whether the approval of Vietnam’s membership in the WTO fell solely under the competence of the EC or whether it also required the participation of the member states.

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Disputes Related to Healthcare Across National Boundaries: The Potential for Arbitration

Amar Gupta Sr.
University of Arizona – Eller College of Management
Deth Sao
University of Arizona James E. Rogers College of Law
David A. Gantz
University of Arizona – James E. Rogers College of Law
George Washington International Law Review, Forthcoming

Trade in international health services has the potential to play a leading role in the global economy, but its rapid growth is impeded by legal barriers. Advances in technology and cross-border movement of people and health services create legal ambiguities and uncertainties for businesses and consumers involved in transnational medical malpractice disputes. Existing legal protections and remedies afforded by traditional judicial frameworks are unable to resolve the following challenges: (1) assertion of personal jurisdiction; (2) choice of forum and law considerations; (3) appropriate theories of liability for injuries and damages arising from innovations in medical care and delivery of health services; and (4) enforcement of foreign judgments. Such legal uncertainties and ambiguities call for a uniform means of redress that is more flexible and predictable than litigation in a court room. Given such needs, arbitration offers a potential solution, as it is a private streamlined adjudication process that has been successfully utilized on an international level to resolve several of the above mentioned legal quandaries. The voluntary, flexible, and legally binding nature of arbitration agreements across jurisdictions makes this form of dispute resolution more efficient and adaptive to changes in the health services industry than litigation. With careful construction of an approach that accounts for arbitration costs, reasonable recovery amounts, and complementary mechanisms such as no-fault compensation, international arbitration of medical malpractice disputes will reallocate the legal risks borne by businesses and consumers more fairly and efficiently.

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Contracting for State Intervention: The Origins of Sovereign Debt Arbitration

Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill – School of Law
Law and Contemporary Problems, Vol. 73, No. 4, 2010

Most models of contracting behavior assume that contract terms are meant to be enforced, whether through legal or relational means. That assumption extends to dispute resolution terms like arbitration clauses. According to theory, contracting parties adopt arbitration clauses because they want to arbitrate disputes and because they believe that a counter-party who has agreed to arbitrate will keep that promise rather than incur the resulting legal or extra-legal sanction.  In this article, I describe how this standard account cannot explain the origins of arbitration clauses in sovereign bond contracts. Drawing on original archival research and secondary sources, the article traces the routine use of arbitration clauses to U.S. dollar diplomacy in the first decades of the 20th century and shows that these early clauses were not designed to facilitate an arbitration between lender and borrower. Instead, the clauses were designed to justify intervention by capital-exporting states on behalf of disappointed citizen-investors and to convince prospective investors that the prospect of such intervention would deter default. These early arbitration clauses, then, were little more than efforts to signify and project power by capital-exporting states. The article traces the evolution of arbitration clauses over the first half of the century and concludes that lenders often hoped (typically in vain) that these clauses would enable them to harness the enforcement capacity of state actors.

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Participatory Rights in the Ontario Mining Sector: An International Human Rights Perspective

Penelope C. Simons
University of Ottawa – Faculty of Law
Lynda Margaret Collins
University of Ottawa
McGill International Journal of Sustainable Development Law & Policy, Vol. 6, No. 2, 2010

There has been a growing focus in Canada on the environmental and social impacts of Canadian extractive companies operating extra-territorially. However, recent disputes concerning the lack of public consultation on proposed large domestic mining projects, as well as disputes surrounding Aboriginal rights in lands subject to mining claims, have highlighted significant human rights concerns associated with Canada’s domestic provincial and territorial mining regimes. This article assesses, from the perspective of international human rights law, how both emerging and established international human rights of participation are treated in the Ontario mining sector. It examines the extent to which the general right to participation in environmental decision-making, the right of aboriginal communities to free prior and informed consent, and the right of peaceful assembly have been protected through Ontario’s mining regime and by the courts in disputes over mining activity on land subject to aboriginal rights and/or title claims. Two recent cases, Frontenac Ventures Corporation v. Ardoch Algonquin First Nation and Platinex Inc v Kitchenuhmaykoosib Inninuwug First Nation, raise serious concerns as to whether domestic law, as it has been applied in the mining sector, is consistent with Canada’s international human rights obligations. Moreover, it is not clear that the new Far North Act and recent amendments to the Ontario Mining Act sufficiently address these concerns.

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The Spread of Anti-Trafficking Policies – Evidence from a New Index

Seo-Young Cho
University of Goettingen (Gottingen)
Axel Dreher
University of Goettingen (Gottingen); ETH Zurich – KOF Swiss Economic Institute; CESifo (Center for Economic Studies and Ifo Institute for Economic Research); Institute for the Study of Labor (IZA)
Eric Neumayer
London School of Economics and Political Science (LSE)

We analyze the spread of policies dealing with international trafficking in human beings. Arguing that countries are unlikely to make independent choices, we identify pressure, externalities and learning or emulation as plausible diffusion mechanisms for spatial dependence in anti-trafficking policies. We develop a new index measuring governments’ overall anti-trafficking policies for 177 countries over the 2000-2009 period. We also assess a country’s level of compliance in the three main constituent dimensions of anti-trafficking policies – prosecution, protection and prevention. Employing a spatial autoregressive model, we find that, with the exception of victim protection measures, anti-trafficking policies diffuse across contiguous countries and main trading partners due to externality effects. We find evidence for learning or emulation effects in all policy domains, with countries looking toward peers with similar political views or cultural values. Surprisingly, major destination countries do not seem to exert pressure on relevant main countries of origin or transit to ratchet up their policies.

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Côte D’Ivoire: Defending Democracy and Restoring the Rule of Law

Omoba Oladele Opeolu Osinuga
affiliation not provided to SSRN

This paper is a commentary on the constitutional crisis in Côte d’Ivoire following the stalemate emanating from the presidential elections of 3 December 2010. The paper examines the rule of law and its impact on democracy. It further looks at the history of conflict in Africa and the enforcement of International Law.

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Deconstructing CEDAW’s Article 14: Naming and Explaining Rural Difference

Lisa R. Pruitt
University of California, Davis – School of Law
William & Mary Journal of Women and the Law, Vol. 17, 2011
UC Davis Legal Studies Research Paper No. 248

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the first human rights instrument to recognize explicitly rural-urban difference. It does so by enumerating specific rights for rural women in Article 14 and also by mentioning their needs in relation to Article 10 on education. In this Essay, I examine the Convention’s Travaux Préparatoires to better understand the forces and considerations that led to the inclusion of Article 14 and its recognition of rural people and places. I also assess Article 14’s particular mandates in light of both that drafting history and CEDAW’s other provisions, and I consider the assumptions implicit in the Convention’s embrace of rural exceptionalism. In addition, I offer some thoughts on the expressive significance of the particular rights accorded to rural women, as well as of the explicit acknowledgment of this group – and, by extension, rural populations in their entirety – in this widely ratified treaty. I thus discuss what CEDAW implies about the character of rurality and rural-urban difference. Finally, I argue that CEDAW provides a framework for spatial equality, in addition to the more obvious and comprehensive one for gender equality. This Essay therefore fills a void in the legal scholarship on CEDAW, which often mentions Article 14 in inventories of the Convention’s provisions, but which has largely ignored both its meaning and significance.

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Drawing the Right Lessons from ICSID Jurisprudence on the Doctrine of Necessity

Amin George Forji
affiliation not provided to SSRN
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol. 76, No. 1, pp. 44-57, 2010

Bilateral investment treaties (BITs) and the International Centre for the Settlement of Investment Disputes (ICSID) have over the years injected an important dynamic into public international law, that is, the replacement of a political remedy (peaceful cooperation amongst nations) by a legal one (settlement of investment disputes). The institution of ICSID and the revision of BITs in line with its rules have opened the way for direct investors’ claims and investor-state arbitration. The obvious implication of a compulsory arbitration provision is that it has made up for many shortcomings of the diplomatic protection mechanism with, “the potential for an individual investor, with or without the approval of its home government, to press a conflict that may ultimately have diplomatic implications and may affect relations between the two countries concerned”. It is however still debated whether such a mechanism guarantees fairness and equity for both investors and host states, or merely advantages one BIT signatory to the detriment of the other. Argentina has had more cases before the ICSID tribunals than any other country. Faced with an economic crisis in 2001–2002, it ran into conflict with foreign investors when it repealed the Convertibility Law on which most of its BITs had been negotiated. Could that action be justified as one taken in times of peril and in dire need, as sanctioned by international law, or was it just an outright breach of Argentina’s own contractual commitments?

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Forum Shopping Before International Tribunals: (Real) Concerns, (Im)Possible Solutions

Joost Pauwelyn
Graduate Institute of International and Development Studies (HEI)
Luiz Eduardo Ribeiro Salles
affiliation not provided to SSRN
Cornell International Law Journal, Vol. 42, 2009

This article pursues Professor Yasuhei Taniguchi’s inclination for procedural questions and applies it to the central problem in one of Taniguchi’s most celebrated rulings, Mexico — Soft Drinks (a case he chaired on appeal), namely, forum shopping before international tribunals. The Soft Drinks dispute between Mexico and the United States originated because of contested sugar quotas allocated to Mexico under the North American Free Trade Agreement (NAFTA). When Mexico attempted to enforce those alleged quota rights under NAFTA, the procedure was stranded in the panel selection stage where, according to Mexico, the United States simply refused to appoint panelists in violation of NAFTA. To retaliate against this state of affairs, and instead of gaining larger quota shares on the U.S. sugar market, Mexico imposed a discriminatory tax on imports of U.S. soft drinks. The United States then decided to challenge the Mexican tax, not under NAFTA, but at the World Trade Organization (WTO). . . . The goal of this article is not to critically examine the Soft Drinks ruling. Rather, the article examines the nature and potential concerns of the relatively new phenomenon of forum shopping among international tribunals. Further, it asks the question whether domestic law principles such as res judicata, lis pendens, and forum non conveniens could be used to alleviate such concerns. The article finds that, to the extent these principles apply before international tribunals, they fail to address the problem. Instead, states should regulate forum shopping explicitly in their treaty regimes, and international tribunals should defer to such explicit treaty clauses. . . .

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Naval Chameleons: Re-Evaluating the Legality of Deceptive Lighting Under International Humanitarian Law

Mike Madden
Dalhousie University
Canadian Naval Review, Vol. 6, No. 4, p. 4, 2011

A warship, like a chameleon, can gain a tactical advantage at sea by changing its appearance, and particularly by employing deceptive lighting measures at night. International Humanitarian Law (IHL), however, only permits certain forms of trickery or “ruses” in armed conflicts, while prohibiting more treacherous forms of “perfidy.” In spite of a widespread acceptance of deceptive lighting within naval circles, and a blanket condemnation of the practice from certain academic commentators, this article will demonstrate that deceptive lighting is neither universally permitted nor prohibited under IHL. Naval commanders may require a more nuanced understanding of IHL’s perfidy laws if they are to properly assess the legality of deceptive lighting.

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Beyond the Monopoly of States

David Gartner
Arizona State University – Sandra Day O’Connor College of Law
University of Pennsylvania Journal of International Law, Vol. 32, No. 2, p. 595, Winter 2010

In the twenty-first century, a wide range of complex global challenges will require unprecedented levels of global cooperation between states and non-state actors. Yet few leading international institutions today are designed to effectively leverage the resources, ingenuity, and connectivity of diverse societal actors. While some scholars maintain the view that civil society should not meaningfully participate in the governance of international institutions, a new generation of multi-stakeholder institutions points to a new way of understanding the relationship between non-state actors and international institutions. This article examines the role of civil society in the governance of international institutions and highlights this new generation of multi-stakeholder institutions that involve non-state actors as full participants in governance. It applies insights from work on associative democracy to suggest a new approach to evaluating civil society participation within international institutions.

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International Organizations as Law-Makers

Jan Wouters
Leuven Centre for Global Governance Studies
Philip De Man
affiliation not provided to SSRN
Leuven Centre for Global Governance Working Paper No. 21

This working paper analyzes the law-making processes of international organizations and the impact thereof, particularly in the light of the functionalism-constitutionalism dichotomy and the agency theory. Both doctrines are introduced briefly before expanding upon the attribution of law-making powers to international organizations, their decision-making methods and the decisions of their judicial organs. The working paper then focuses on the impact of international organizations on the adoption of treaties and the development of customary international law. Finally, the issues of democratic deficit and multilevel regulation are addressed. The paper demonstrates that international organizations have become increasingly active players in the field of international law-making. This evolution has not always and necessarily been the result of deliberate considerations on the part of the Member States who hired the international organizations. It rather follows from a combination of constitutionalist-inspired measures taken by the principals in order to minimize and otherwise rectify the agency costs and losses inherent in all functional PA-relationships.

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Contemporary International Community: Between Hegemony and Constitutionalism

Andraz Zidar
affiliation not provided to SSRN

In the contemporary international community we can identify two main processes: hegemony and constitutionalism. This work (in the form of a PhD) examines how the two processes influence the shape of international law. Author suggests that the two phenomena represent an antinomy which leads to a new stage in the development of the global community.

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Proliferation of Regional Trade Agreements: Complementing or Supplanting Multilateralism?

Rafael Leal-Arcas
Queen Mary University of London – School of Law
Chicago Journal of International Law, Vol. 11, No. 2, pp. 597-629, 2011

With the creation of the World Trade Organization (WTO) in 1995, the pyramidal design of the international trading system placed multilateralism at the top of the pyramid, regionalism/bilateralism in the middle, and the domestic trade and economic policies of WTO Member States at the bottom of the pyramid. This article questions whether this vertical structure is still the case today, given the tremendous proliferation of regional trade agreements (RTAs) in recent years and the fact that the WTO is losing its centrality in the international trading system. The thesis of this article is that the multilateral trading system’s single undertaking is no longer feasible, hence affirming RTA proliferation as the modus operandi for trade liberalization. This article also argues that RTA proliferation implies the erosion of the WTO law principle of non-discrimination, which endangers the multilateral trading system. RTAs can help countries integrate into the multilateral trading system, but are also a fundamental departure from the principle of non-discrimination. This raises the question of whether RTAs are a building block for further multilateral liberalization or a stumbling block. . . .

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Côte D’Ivoire: Defending Democracy and Restoring the Rule of Law

Omoba Oladele Opeolu Osinuga
affiliation not provided to SSRN

This paper is a commentary on the constitutional crisis in Côte d’Ivoire following the stalemate emanating from the presidential elections of 3 December 2010. The paper examines the rule of law and its impact on democracy. It further looks at the history of conflict in Africa and the enforcement of International Law.

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The Nuremberg Roles of Justice Robert H. Jackson

John Q. Barrett
Saint John’s University – School of Law; Robert H. Jackson Center
Washington University Global Studies Law Review, Vol. 6, pp. 511-525, 2007
St. John’s Legal Studies Research Paper No. 11-001

During 1945-1946, U.S. Supreme Court Justice Robert H. Jackson served, by appointment of President Truman, as U.S. chief prosecutor at Nuremberg of the principal surviving Nazi war criminals. This article, based on a lecture at Washington University’s conference on the 60th anniversary of that trial before the International Military Tribunal (IMT), introduces Jackson the person and the public figure. It then considers some of the facets and roles that the Nuremberg trial year was in and for Jackson: the project’s importance; relevant background; ambition; self-sacrifice; commitment to law; innocence and optimism; constant recalibration; eloquent, effective voice; international diplomacy; the London Agreement and IMT Charter; dream (and nightmare) staffing; the Nuremberg indictment; life and work in Allied-occupied former Germany; building and prosecuting the case; effective trial work; vengeance foresworn; seeing the job through; and victory.

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Contracting for State Intervention: The Origins of Sovereign Debt Arbitration

Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill – School of Law
Law and Contemporary Problems, Vol. 73, No. 4, 2010

Most models of contracting behavior assume that contract terms are meant to be enforced, whether through legal or relational means. That assumption extends to dispute resolution terms like arbitration clauses. According to theory, contracting parties adopt arbitration clauses because they want to arbitrate disputes and because they believe that a counter-party who has agreed to arbitrate will keep that promise rather than incur the resulting legal or extra-legal sanction.  In this article, I describe how this standard account cannot explain the origins of arbitration clauses in sovereign bond contracts. Drawing on original archival research and secondary sources, the article traces the routine use of arbitration clauses to U.S. dollar diplomacy in the first decades of the 20th century and shows that these early clauses were not designed to facilitate an arbitration between lender and borrower. Instead, the clauses were designed to justify intervention by capital-exporting states on behalf of disappointed citizen-investors and to convince prospective investors that the prospect of such intervention would deter default. These early arbitration clauses, then, were little more than efforts to signify and project power by capital-exporting states. The article traces the evolution of arbitration clauses over the first half of the century and concludes that lenders often hoped (typically in vain) that these clauses would enable them to harness the enforcement capacity of state actors.

……

The Development of General Principles for EU Competition Law Enforcement – The Protection of Legal Professional Privilege

Michael J. Frese
Amsterdan Center for Law & Economics (ACLE); Amsterdam Centre for European Law and Governance (ACELG)
European Competition Law Review, April 2011
Amsterdam Center for Law & Economics Working Paper No. 2011-03

This papers discusses the scope of the EU principle of legal professional privilege (‘LPP’) and the mechanisms for bottom-up integration. LPP refers to the confidential nature of certain written communications between lawyer and client. Bottom-up integration is the process whereby domestic legal principles are elevated to EU legal principles. The recent Akzo Nobel judgment of the European Court of Justice revisits the principle of LPP and clarifies the conditions for bottom-up integration.

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The Law Applicable to International Mediation Contracts

Patricia Orejudo Prieto de los Mozos
Universidad de Oviedo
InDret, Vol. 1, 2011

Mediation entails the provision of the services of a professional, the mediator, who holds a legal relationship with the disputants: the mediation contract. Where there are transnational elements in the mediation process, the contract is of an international character. In such situation, the Laws of the diverse States involved could claim to be applicable to the same contract. The determination of the (only) Law applicable is of utmost interest in spite of the high degree of standardization of the obligations of both parties in the mediation contract. First, for such lex contractus establishes the limits of the freedom of the contracting parties. And second, for there are important matters that the parties do not usually tackle within the wording of mediation contracts and that model rules and standards do not either regulate. The present paper aims at illustrating about the functioning of the present and the future instruments of Private International Law that solve the conflict-of-laws issue: Rome Convention and Rome I Regulation.

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Non-State Actors from the Perspective of the International Committee of the Red Cross

Raphaël Van Steenberghe
affiliation not provided to SSRN
PARTICIPANTS IN THE INTERNATIONAL LEGAL SYSTEM – MULTIPLE PERSPECTIVES ON NON-STATE ACTORS IN INTERNATIONAL LAW, pp. 204-232, J. D’Aspremont, ed., London and New York: Routledge, Forthcoming

It is clear that participation of armed groups in armed conflicts renders some ICRC missions particularly difficult to fulfil in practice, especially when the state against which those groups are fighting opposes ICRC contacts with them. This paper emphasises such difficulties in relation to the ICRC right of initiative and the ICRC assisting role in IHL dissemination. Such a conclusion does not however mean that the ICRC is not legally authorized to carry out these tasks for the benefit of armed groups, even against the consent of the state combating those groups. The latter and the former must indeed be considered as two parties to a conflict, having therefore the same duties but also the same rights. Moreover, it is argued, more particularly, with regards to the ICRC assisting role in IHL dissemination that, although states do not have any obligation to disseminate IHL to armed groups, those groups are themselves bound to disseminate IHL among their members, which necessarily implies that the ICRC has still (at least theoretically) a significant role to play in this respect even beyond the goodwill of the states. Besides those specific problems, participation of armed groups in armed conflicts raises a more general and fundamental question, that is, the question of the applicability of IHL upon such groups. Are the latter obliged by IHL and, in the affirmative, on which legal basis? There is no doubt according to the ICRC that a positive answer must be given to the first question, which is actually in line with state practice and international case law. It is far more difficult to determine the ICRC position on the second question. As it is argued in the paper, some specific ICRC documents evidence that the ICRC seems favourable to a theory based on the direct applicability of IHL, while its attitude commonly adopted at the beginning of internal armed conflicts which consists of recalling to all the parties their duty to respect IHL principles suggests that it (also) favours a theory based on customary law. Although they are founded on two very different rationales and lead either to practical or legal problems, respectively, both these theories are the best candidates for explaining the binding nature of IHL upon all armed groups. The first adequately reflects the intention of states regarding the status of armed groups and their obligations while the second avoids any problem of compliance.

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The Law, Economics and Politics of Retaliation in WTO Dispute Settlement

Joost Pauwelyn
Graduate Institute of International and Development Studies (HEI)
Joost Pauwelyn, THE LAW, ECONOMICS AND POLITICS OF RETALIATION IN WTO DISPUTE SETTLEMENT, Chad P. Bown, ed., Cambridge University Press, 2009

It is hard to think of a better topic for multi-disciplinary study than trade retaliation in the WTO. When a country violates WTO rules, the remedy of last resort is bilateral, state-to-state trade sanctions. Such trade sanctions are imposed against the violating country by one or more other WTO members that took the initiative to challenge the breach. WTO retaliation must, however, be multilaterally authorized by the WTO following, first, an elaborate procedure establishing (continued) breach in the first place and, second, an arbitration on whether the retaliation is ‘equivalent’ or ‘appropriate’ in light of the harm caused by the original violation. This is where the law comes in: Arbitrators must apply legal criteria to assess the harm caused by a WTO violation, select benchmarks and counterfactuals to do so, as well as decide, where requested, on whether the conditions for so-called cross-retaliation are met (that is, retaliation in the form of, for example, suspending intellectual property rights in response to a WTO-inconsistent import restriction). This process obviously involves economics as well, both economic theory (what is the role of violation-cum-retaliation in an incomplete contract?; what is the optimal design of remedies for breach of contract?) and applied or quantitative economics (how does one calculate lost trade, lost royalties or other economic harm caused by a WTO violation?; how does one make sure that the retaliation in response is ‘equivalent’?). Finally, the design, implementation and effectiveness of WTO retaliation is deeply political, ranging from the decision of whether to retaliate in the first place (especially salient in developing countries) to selecting specific products to retaliate against (e.g. with a view to compensate or protect domestic, import-competing industries at home, say, Mexico keeping out US corn syrup to please Mexican cane sugar producers; or, alternatively, to exert maximum political pressure in the violating country, say, the EC restricting Florida orange juice to affect US President Bush’s re-election chances in 2004).

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Elusive Equality: The Armenian Genocide and the Failure of Ottoman Legal Reform

Mark L. Movsesian
St. John’s University School of Law
St. John’s Legal Studies Research Paper No. 1600745
Islamic Law and Law of the Muslim World Paper, Forthcoming

This essay, prepared for a symposium on legal aspects of the Armenian Genocide, addresses the treatment of the Armenian community in Ottoman law. For most of its history, the Ottoman Empire adhered to classical Islamic law, which viewed Armenians and other Christians as dhimmis – formally protected, but legally subordinate, minority communities. The nineteenth-century Ottoman reform movement known as the Tanzimat granted dhimmis legal equality for the first time. Equality for dhimmis subverted the traditional social hierarchy and sparked a religious backlash, including the Hamidian massacres of 1894-1896, which killed hundreds of thousands of Armenians and other Christians. The Hamidian massacres in turn initiated a cycle of violence that led eventually to genocide. Although the Tanzimat did not itself cause the Armenian Genocide, the failure of legal reform, and the resentment that equality for religious minorities created in Ottoman society, were important contributing factors.

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Muslim Women’s Claims to Refugee Status within the Context of Child Custody Upon Divorce Under Islamic Law

Ekaterina Yahyaoui Krivenko
University of Montreal – Faculty of Law
International Journal of Refugee Law, Vol. 22, No. 1, pp. 48-71, 2010

This article analyses case law from the UK, New Zealand, and Canada relating to claims for recognition of refugee status presented by divorced Muslim women, revolving around the issue of child custody after divorce under conservative Islamic law, which deprives women of any meaningful relationship with their children. The negative attitude of the UK authorities is compared to the open and positive approach of decision makers in New Zealand and Canada. The use and interpretation of aspects of the refugee definition, such as persecution, particular social group and the standard of state protection, are analyzed in more detail. The article argues that, in order to adequately evaluate this type of claim, decision makers should take into account all aspects of a woman’s experiences including the consequences of the decision on their children.

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‘Cowboy Economics’ versus ‘Spaceship Ecology’: Constructing a Sustainable Environmental Ethic

Joshua Chad Gellers
University of California, Irvine

In order to improve and protect the environment while keeping in mind economic realities that constrain action it is essential to devise an ethical approach amenable to both economics and environmental ethics. This paper endeavors to provide a framework for achieving such a compromise by: (1) Defining critical tenets of neoclassical economics and deep ecology; (2) Reframing the policy problem; (3) Reviewing the weaknesses of regulative, normative, and cognitive institutionalist perspectives on economics and the environment; and (4) Suggesting a normative analytical framework that allows for a dialogue between economics and environmental ethics. I conclude that a more sustainable environmental ethic which promotes both efficiency and justice should be based on three principles: regulation, education, and participation.

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Irreversibility, Ignorance, and the Intergenerational Equity-Efficiency Trade-Off

Nikolai Hoberg
Leuphana University of Lüneburg – Dept. of Sustainability Sciences and Dept.of Economics
Stefan Baumgärtner
Leuphana University of Lüneburg – Dept. of Sustainability Sciences and Dept. of Economics

We demonstrate the existence of an intergenerational equity-efficiency trade-off in policy-making that aims at Pareto-efficiency across generations and sustainability, i.e. non-decreasing utility over time. Our model includes two salient characteristics of sustainability problems and policy: (i) temporal irreversibility, i.e. the inability to revise one’s past actions; (ii) closed ignorance, i.e. future consequences of present actions in human-environment systems may be “unknown unknowns.” If initially unforeseen sustainability problems become apparent and policy is enacted after irreversible actions were taken, policy-making faces a fundamental trade-off between intergenerational Pareto-efficiency and sustainability.

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Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy

Jonathan Hafetz
Seton Hall Law School
Jonathan Hafetz, HABEAS CORPUS AFTER 9/11: CONFRONTING AMERICA’S NEW GLOBAL DETENTION SYSTEM, Chapter 12, NYU Press, 2011

The book from which this chapter is excerpted traces the history of the habeas corpus litigation after 9/11 that challenged the military detention and trial of prisoners in the “war on terror.” Preceding chapters make the case for a broad conception of habeas corpus review, discussing the gaps left by the Supreme Court’s decision in Boumediene v. Bush and arguing why habeas jurisdiction should extend to any detention by or at the behest of the United States. This chapter explains why habeas corpus review also is, in many respects, the start, not the end, of the conversation about law and national security. The chapter thus addresses a question at the heart of much of the habeas corpus litigation: who may be detained as a combatant and what is the legitimate scope of the government’s military detention power. The chapter advocates a criminal law model rather than a military model in the treatment of suspected terroists. The chapter thus considers and rejects arguments for indefinite executive detention, military commissions, or other alternative forums to the criminal justice system, such as national security courts. Finally, the chapter describes how the criminal justice system provides an important check not only against unlawful detention but also against torture and other mistreatment.

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The Regulatory Anticommons of Green Infrastructures

Giuseppe Bellantuono
University of Trento – Department of Legal Sciences

Development of green infrastructures (renewable energy plants and transmission networks) is urgently needed if significant reductions of greenhouse emissions are to be accomplished in the next few decades. But the huge financial investments required by these infrastructures will not be undertaken without a well-designed regulatory framework. This paper argues that barriers to the implementation of such a framework can best be understood by drawing analogies to the Law and Economics literature on anticommons. This analytic framework is employed to assess and criticize EU and US proposals to regulate planning and siting of green infrastructures.

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‘Refugees’ at Home: The Internally Displaced; Which Protection System? (Arabic)

Rania Zabaneh
affiliation not provided to SSRN
Birzeit University Working Paper No. 2011/25 (ARA) – MRS Module
They are described as the “refugees at home”; internally displaced persons who have fled their homes as a result of armed conflict, generalized violence, violations of human rights or natural or human-made disasters, yet remain within the borders of their country of origin. The phenomenon of internally displaced persons has increased since the end of the cold war, because in recent years conflicts have predominantly been internal. There are wide-ranging similarities between the plight of refugees and that of internally displaced persons, originating from the concept of alienation; since both categories are no longer willing or capable of enjoying the protection of their own country. However there is an important legal distinction between refugees who flee their country and “refugees” who become displaced within their own national borders. While refugees benefit from the protection of the 1951 international convention on refugees, the additional protocol of 1967 and the statute of the office of the United Nations High Commissioner for Refugees; internally displaced persons do not enjoy any special legal status since they remain within their own countries and hence subject to its laws. The fact that there is no special legal status for the internally displaced should not imply that they lack protection granted by national laws, international human rights law and international humanitarian law. However, these laws often leave internally displaced persons without adequate protection on the ground due to legal loopholes, lack of tools for enforcement and other obstacles. In the absence of an international treaty on internally displaced persons, the guiding principles on internal displacement were drafted to provide international institutions with guidelines for their staff on the ground, in a time where no support was gained from national governments for the concept of an international treaty, with concerned governments arguing that this is a domestic matter covered by the law of the land. The debate can be summed up thus: would it be sufficient to strengthen the protection of the internally displaced within existing legal frameworks, or should the concept of national sovereignty be bypassed; either by drafting a special treaty on internally displaced persons or by revising the concept of refugees to include the internally displaced?

II. Books

The EU as International Environmental Negotiator

(Ashgate, March 2011)

Tom Delreux, University of Louvain, Belgium

Delreux examines how the EU functions when it participates in international environmental negotiations. In particular, this book looks at the internal EU decision-making process with regard to international negotiations that lead to multilateral environmental agreements. By studying eight such decision-making processes, the book analyses how much negotiation autonomy (or ‘discretion’) the EU negotiator (the European Commission or the Council Presidency) enjoys vis-à-vis the member states it represents and how this particular degree of discretion can be explained. The book’s empirical evidence is based on extensive literature review, primary and semi-confidential document research, as well as interviews with EU decision-makers. It is aimed at a readership interested in EU politics and decision-making, global/multilateral governance, environmental policy science and methodological development of Qualitative Comparative Analysis.

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Economic Globalisation and Human Rights

(Cambridge Univ. Press, Feb. 2011)

Wolfgang Benedek, Koen De Feyter & Fabrizio Marrella, eds.

Economic globalisation is one of the guiding paradigms of the twenty-first century. The challenge it implies for human rights is fundamental, and key questions have up to now received no satisfying answers. How can human rights protect human dignity when economic globalisation has an adverse impact on local living conditions? How should human rights evolve in response to a global economy in which non-statal actors are decisive forces? Economic Globalisation and Human Rights was originally published in 2007, and sets out to assess these and other questions to ensure that, as economic globalisation intensifies, human rights take up the central and crucial position that they deserve. Using a multidisciplinary methodology, leading scholars reflect on issues such as the need for global ethics, the localisation of human rights, the role of human rights in WTO law, and efforts to make international economic organisations more accountable and multinational corporations more socially responsible.

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An Introduction to the International Criminal Court (4th Edition)

(Cambridge Univ. Press, Feb. 2011)

William Schabas, National University of Ireland, Galway

The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

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Law and Practice of EU External Relations: Salient Features of a Changing Landscape

(Cambridge Univ. Press, Feb. 2011)

Alan Dashwood,& Marc Maresceau (eds)

Part I. Constitutional and Institutional Questions: 1. Direct effect and interpretation of international agreements in the recent case law of the European Court of Justice Francis Jacobs
2. Defining competence in EU external relations: lessons from the Constitutional Treaty Marise Cremona
3. Article 47 TEU and the relationship between first and second pillar competences Alan Dashwood
4. EC Law and UN Security Council resolutions – in search of the right fit Piet Eeckhout
5. Fundamental rights and the interface between second and third pillar Eleanor Spaventa
6. The EU as a party to international agreements: shared competences? Mixed responsibilities? Ramses Wessel
7. Will the common commercial policy be impeded by non-ratification of the Constitutional Treaty? Peter-Christian Müller-Graff
8. The extent to which the EC legislature takes account of WTO obligations: jousting lessons from the European Parliament Jacques Bourgeois and Orla Lynskey
Part II. Bilateral and Regional Approaches: 9. The relations between the EU and Switzerland Christine Kaddous
10. The relations between the EU and Andorra, San Marino and Monaco Marc Maresceau
11. The EU’s Neighbourhood Policy towards Eastern Europe Christophe Hillion
12. The four common spaces: new impetus to the EU-Russia strategic partnership? Peter Van Elsuwege
13. The EU’s Strategic Partnership with the Mediterranean and the Middle East: a new geopolitical dimension of the EU’s proximity strategies Erwan Lannon
14. The EU’s transatlantic relationship Günter Burghardt
Part III. Selected Substantive Areas: 15. With eyes wide shut: the EC strategy to enforce intellectual property rights abroad Inge Govaere
16. EU environmental law and its green footprints in the world Kirstyn Inglis.

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Military Threats: The Costs of Coercion and the Price of Peace

(Cambridge Univ. Press, Feb. 2011)

Branislav L. Slantchev, University of California, San Diego

Is military power central in determining which states get their voice heard? Must states run a high risk of war to communicate credible intent? Slantchev shows that states can often obtain concessions without incurring higher risks when they use military threats. Unlike diplomatic forms of communication, physical military moves improve a state’s expected performance in war. If the opponent believes the threat, it will be more likely to back down. Military moves are also inherently costly, so only resolved states are willing to pay these costs. Slantchev argues that powerful states can secure better peaceful outcomes and lower the risk of war, but the likelihood of war depends on the extent to which a state is prepared to use military threats to deter challenges to peace and compel concessions without fighting. The price of peace may therefore be large: states invest in military forces that are both costly and unused.

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Networks of Nations: The Evolution, Structure, and Impact of International Networks, 1816–2001

(Cambridge Univ. Press, Feb. 2011)

Zeev Maoz, University of California, Davis

Maoz views the evolution of international relations over the last two centuries as a set of interacting, cooperative and conflicting networks of states. The networks that emerged are the result of national choice processes about forming or breaking ties with other states. States are constantly concerned with their security and survival in an anarchic world. Their security concerns stem from their external environment and their past conflicts. Because many of them cannot ensure their security by their own power, they need allies to balance against a hostile international environment. The alliance choices made by states define the structure of security cooperation networks and spill over into other cooperative networks, including trade and institutions. Maoz tests his theory by applying social networks analysis (SNA) methods to international relations. He offers a novel perspective as a system of interrelated networks that co-evolve and interact with one another.

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The Problem of Harm in World Politics: Theoretical Investigations

(Cambridge Univ. Press, 2011)

Andrew Linklater, Aberystwyth University

The need to control violent and non-violent harm has been central to human existence since societies first emerged. This book analyses the problem of harm in world politics which stems from the fact that societies require the power to harm in order to defend themselves from internal and external threats, but must also control the capacity to harm so that people cannot kill, injure, humiliate or exploit others as they please. Andrew Linklater analyses writings in moral and legal philosophy that define and classify forms of harm, and discusses the ways in which different theories of international relations suggest the power to harm can be controlled so that societies can co-exist with the minimum of violent and non-violent harm. Linklater argues for new connections between the English School study of international society and Norbert Elias’ analysis of civilizing processes in order to advance the study of harm in world politics.

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The UN Human Rights Committee: Practice and Procedure

(Cambridge Univ. Press, 2011)

Yogesh Tyagi, City University of Hong Kong

As a result of its origins in the International Covenant on Civil and Political Rights, and the amount of work that it has done, the UN Human Rights Committee is considered the most important body in the UN human rights treaty system. Sensitive to the viewpoint of developing countries, and taking into account the interplay of law and politics, this comprehensive study of the Committee’s procedure and practice assesses its conceptual, institutional and functional frameworks and analyses a large number of cases with which the Committee has dealt. It is based on the drafting history of the Covenant and the Optional Protocols thereto, in-depth analysis of the relevant documents of the United Nations and other international bodies, observations on the functioning of the Committee and interviews with a number of activists, experts and officials dealing with the work of the Committee.

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Economic, Social and Cultural Rights

(Ashgate, March 2011)

Edited by Manisuli Ssenyonjo, Brunel University, UK

Economic, Social and Cultural Rights is a collection of seminal papers examining legal, conceptual and practical questions regarding the international legal protection of economic, social and cultural rights. The volume discusses what human rights obligations economic, social and cultural rights entail for states and non-state actors; the nature and scope of substantive economic, social and cultural rights such as education, health, work, water, enjoyment of the benefits of scientific progress, and cultural rights; as well as the justiciability of these rights at an international level and at the national level. The paramount importance of such questions is illustrated, among other things, by the catastrophic situation of economic, social and cultural rights as human rights in developing and developed states. The volume is divided into three main parts which focus on human rights obligations for states and non-state actors arising from treaties protecting economic, social and cultural rights; analysis of selected substantive rights; and finally the justiciability of economic, social and cultural rights in various contexts such as within the United Nations, Europe, Inter-American, and African systems, as well as within the domestic system.

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NGOs in China and Europe: Comparisons and Contrasts

(Ashgate, March 2011)

Edited by Yuwen Li, Erasmus University Rotterdam, The Netherlands

This volume presents a comparison of the experiences of NGOs in China and Europe. The chapters on China contain the most comprehensive and up-to-date analysis of various types of NGOs currently active in the country. The contributions on foreign NGOs in China, non-governmental think tanks, public interest legal organizations, labour related NGOs and charity organizations, are the first in English to discuss successful experiences as well as the difficulties they face in the post-Mao era. The European studies draw examples from countries where the experiences of NGOs are at various stages of development. The section on NGOs in Central and Eastern Europe examines the rapid expansion of civil society and their pivotal role in promoting political change and building democracy in a transitional society, as well as the challenges they confront in advancing a strong civil society. Those chapters on NGOs’ experiences in Western European countries, especially in the Netherlands and the UK, provide insightful information and examination of the most contentious issues concerning NGOs’ accountability, governance and relationship with the government.

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Justice beyond ‘Just Us’

(Ashgate, March 2011)

Gregory W. Streich

Notions of justice and community in the United States are increasingly challenged by trends like immigration, multiculturalism, and economic inequality as well as historical legacies like Jim Crow-era racial segregation. These dynamics continually re-shape the communities in which people live, whether by generating new forms of interdependency and inequality, creating new social cleavages or exacerbating existing ones, or generating new spaces in which cross-boundary contact, conflict, or cooperation is possible.

Revealing the ways in which notions of justice and community overlap in American politics and public discourse through concrete political questions which emerge when considering dimensions of time, place, and difference, Gregory W. Streich offers a fresh re-examination of the normative ideas of justice and community. He encourages Americans to move from a view of justice that applies only to people who are “like us” to a view of justice that applies to people beyond “just us.”

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Linguistic Diversity and European Democracy

(Ashgate, March 2011)

Anne Lise Kjær and Silvia Adamo

What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.

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Ethics and Socially Responsible Investment

(Ashgate, March 2011)

William Ransome and Charles Sampford

This volume breaks new ground by approaching Socially Responsible Investment (SRI) as an explicitly ethical practice in financial markets. The work explains the philosophical and practical shortcomings of ‘long term shareholder value’ and the origins and conceptual structure of SRI, and links its pursuit to both its deeper philosophical foundations and the broader, multi-dimensional global movement towards greater social responsibility in global markets. Interviews with fund managers in the Australian SRI sector generate recommendations for better integrating ethics into SRI practice via ethically informed engagement with invested companies, and an in-depth discussion of the central practical SRI issue of fiduciary responsibility strengthens the case in favour of SRI. The practical and ethical theoretical perspectives are then brought together to sketch out an achievable ideal for SRI worldwide, in which those who are involved in investment and business decisions become part of an ‘ethical chain’ of decision makers linking the ultimate owners of capital with the business executives who frame, advocate and implement business strategies. In between there are investment advisors, fund managers, business analysts and boards. The problem lies in the fact that the ultimate owners are discouraged from considering their own values, or even their own long term interests, whilst the others often look only to short term interests. The solution lies in the latter recognising themselves as links in the ethical chain.

……

NGOs and the Struggle for Human Rights in Europe

(Hart Publishing, 2011)

Loveday Hodson

This publication provides a fresh perspective on the litigation of the European Court of Human Rights by focusing upon the role that non-governmental organisations play in it. The inspiration for this work was the growing literature that points to human rights as the outcome of political and social struggles. The role that NGOs play in these struggles is well-documented in the context of other international and regional human rights tribunals, but has been less widely written about in the context of the European Court of Human Rights. The Court is typically subject to legalistic, as opposed to socio-political, scrutiny. In this book the Court’s litigation is re-cast as a site where politically motivated actors attempt to impact upon the meaning that is given to the language of the European Convention on Human Rights and to use the Convention as a mechanism that can contribute to social change.

For the purposes of this research a mixture of quantitative and qualitative research techniques are adopted. These methods facilitate the author’s desire to obtain both a de-centred perspective on the Court’s functions and a systematic picture of the scale of NGO involvement in the Court’s litigation. The core of this work is primarily based on data obtained from a sample of cases in which the Court had delivered judgment, and a plethora of associated materials, including extensive interviews with NGOs that were involved in those cases. Ultimately, this book challenges the idea that the litigation of the Court is bound to the idea of achieving individual justice and highlights the meaningful impact that NGOs have on certain important sections of the Court’s litigation.

……

International Law: Examples & Explanations

Valerie Epps
Suffolk University Law School
Lorie Graham
Suffolk University Law School
INTERNATIONAL LAW: EXAMPLES & EXPLANATIONS, Wolters Kluwer, 2011
Suffolk University Law School Research Paper No. 11-09
In recent years, admissions directors in law schools and colleges have indicated that one of the most frequently asked questions by prospective students is what the particular institution has to offer in the area of international law. Law schools and colleges have expanded their course offerings in international law to cover a whole variety of specialized areas, such as international environmental law, international human rights, international business transactions, the law of the sea, and the laws of war, among many others. All of these specialized courses build on the introductory foundational course generally called, simply, ‘‘International Law.’’ This book is designed to assist students taking the introductory international law course to understand the framework and subject matter of international law and to work through the EXAMPLES, which consist of realworld problems based on the materials provided. After each EXAMPLE, there follows an EXPLANATION that represents the authors’ best attempts at answering the problems posed. The EXAMPLES give students a chance to apply the substantive material they have read and to test their ability to articulate a comprehensive answer. Students are advised to try to answer the problems themselves before reading the EXPLANATION. After answering the problem, students should check their answers with the EXPLANATION.  The book is best used as an aid throughout an entire international law course and will also be particularly useful in preparation for examinations. We have found that students grasp the different subjects of international law at a much better level when they have the opportunity to apply their knowledge to problems posed over the full semester in which the course is taught, not just at the end of the course in an examination. By providing substantive information as well as EXAMPLES and EXPLANATIONS related to international law, the authors hope that students will deepen their understanding of the subject and will be encouraged to develop their knowledge further in specialized courses.

……

Ethics and Socially Responsible Investment: A Philosophical Approach

(Ashgate, March 2011)

William Ransome, Griffith University, Australia and Charles Sampford, Griffith University, Australia

This volume breaks new ground by approaching Socially Responsible Investment (SRI) as an explicitly ethical practice in financial markets. The work explains the philosophical and practical shortcomings of ‘long term shareholder value’ and the origins and conceptual structure of SRI, and links its pursuit to both its deeper philosophical foundations and the broader, multi-dimensional global movement towards greater social responsibility in global markets. Interviews with fund managers in the Australian SRI sector generate recommendations for better integrating ethics into SRI practice via ethically informed engagement with invested companies, and an in-depth discussion of the central practical SRI issue of fiduciary responsibility strengthens the case in favour of SRI. The practical and ethical theoretical perspectives are then brought together to sketch out an achievable ideal for SRI worldwide, in which those who are involved in investment and business decisions become part of an ‘ethical chain’ of decision makers linking the ultimate owners of capital with the business executives who frame, advocate and implement business strategies. In between there are investment advisors, fund managers, business analysts and boards. The problem lies in the fact that the ultimate owners are discouraged from considering their own values, or even their own long term interests, whilst the others often look only to short term interests. The solution lies in the latter recognising themselves as links in the ethical chain.

……

Systemic Implications of Transatlantic Regulatory Cooperation and Competition

(World Scientific Books, Feb. 2011)

edited by Simon J Evenett (University of St Gallen, Switzerland) & Robert M Stern (University of Michigan, USA)

Regulations and enforcement decisions that at first appear to have only a domestic impact can have substantial spillover effects on other nations’ economies. Experience has shown time and again that there is no reason to expect that these effects are confined to jurisdictions at the same level of development. Governments on both sides of the Atlantic recognize this, yet their responses in many policy areas are not aligned — sometimes deliberately so. This creates a complex regulatory landscape that appears to be the product of both cooperation and competition, and which can only be fully understood by looking through a number of disciplinary lenses. Drawing on some of the best legal, economic and political science expertise from both sides of the Atlantic, as well as on the knowledge of officials and private practitioners with experience in both industrialized and developing countries, this timely book assesses the systemic, global implications of transatlantic regulatory cooperation and competition. Insights from thematic papers are integrated with those from sector-specific analyses, and a rich set of implications for policymakers, business and civil society is offered.

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 36: Mar 08, 2011

ALAN O’NEIL SYKES, EDITOR

A Land Diminished: Reflections on Gaza’s Landscape

Sara Roy, affiliation not provided to SSRN

A Fortress Country and a Gated Enclave: Locating the Palestinian Margin

Julie Peteet, affiliation not provided to SSRN

Sociological Reading of the Palestinian Society in the Gaza Strip (Arabic)

Abaher El-Sakka, 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

Pirate Defined

James J. Woodruff, Florida Coastal School of Law

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

Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System

Cora Chan, University of Hong Kong – Faculty of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 35: Mar 07, 2011

ALAN O’NEIL SYKES, EDITOR

State Cooperation & the International Criminal Court: A Role for the United States?

Beth Van Schaack, Santa Clara University – School of Law

The General Assembly Resolution Requesting the Kosovo Opinion and the Ultra Vires Issue

Raphael van Steenberghe, affiliation not provided to SSRN

The Japan-Mexico Treaty 1888 and the Most Favored Nation Clause in the Unequal Treaties

Luis Amadeo Hernandez, Harvard University

Member State Responsibility for the Acts of International Organizations

Cedric Ryngaert, affiliation not provided to SSRN
Holly Buchanan, affiliation not provided to SSRN

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

Xia Yu, Zhejiang University – Guanghua Law School

Political Science Research on International Law: The State of the Field

Emilie Marie Hafner-Burton, University of California, San Diego (UCSD) – Graduate School of International Relations and Pacific Studies (IRPS)
David G. Victor, University of California, San Diego (UCSD) – Graduate School of International Relations and Pacific Studies (IRPS)
Yonatan Lupu, University of California, San Diego (UCSD) – Department of Political Science

Israeli Colonial Contraction: The Cases of the Sinai Peninsula and the Gaza Strip

Maha Samman Mansour, affiliation not provided to SSRN

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 34: Mar 03, 2011

ALAN O’NEIL SYKES, EDITOR

Deconstructing CEDAW’s Article 14: Naming and Explaining Rural Differences

Lisa R. Pruitt, University of California, Davis – School of Law

Women, Islam and International Law: Within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women

Ekaterina Yahyaoui Krivenko, University of Montreal – Faculty of Law

Threshold Constraints and Laws of War

James Fallows Tierney, University of Chicago – Law School

A Unified Approach to Extraterritoriality

Anthony J. Colangelo, Southern Methodist University (SMU) – Dedman School of Law

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

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 29: Mar. 07, 2011

CHRISTIANA OCHOA, EDITOR

Recent Developments in Intellectual Property Law in Nigeria

Ufuoma Barbara Akpotaire, Columbia University – School of Law

The American Law Institute’’s Model Penal Code and European Criminal Law

Markus D. Dubber, University of Toronto – Faculty of Law

Contracting for State Intervention: The Origins of Sovereign Debt Arbitration

Mark C. Weidemaier, University of North Carolina (UNC) at Chapel Hill – School of Law

Deconstructing CEDAWs Article 14: Naming and Explaining Rural Difference

Lisa R. Pruitt, University of California, Davis – School of Law

The Correlation between Law and Behaviour as Pillar of Human Society

Amin George Forji, affiliation not provided to SSRN

Courts as Diplomats: Encouraging an International Patent Enforcement Treaty Through Extraterritorial Constructions of the Patent Act

Timothy A. Cook, University of Virginia School of Law

Traditional Knowledge and Patent Protection: Conflicting Views on International Patent Standards

Adam Andrzejewski, affiliation not provided to SSRN

Property Rights and Traditional Knowledge

John T. Cross, University of Louisville – Louis D. Brandeis School of Law

Naval Chameleons: Re-Evaluating the Legality of Deceptive Lighting Under International Humanitarian Law

Mike Madden, Dalhousie University

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 28: Mar. 04, 2011

CHRISTIANA OCHOA, EDITOR

The Transnationalization of Truth: A Meditation on Sri Lanka and Honduras (A Transnational Justice Lecture)

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

ICJ Advisory Opinion on Kosovo: An African Perspective

Omoba Oladele Opeolu Osinuga, affiliation not provided to SSRN

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

Could the International Court of Justice Indicate a ‘No-Fly Zone’ over Libya?

Stefan A. G. Talmon, University of Oxford – Faculty of Law

When Unreason Masquerades as Reason: Can Law Regulate Trade and Networked Communication Ethically?

Radha D’Souza, University of Westminster

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

Lisa R. Pruitt, University of California, Davis – School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 27: Mar. 02, 2011

CHRISTIANA OCHOA, EDITOR

Israel’s Seizure of the Gaza-Bound Flotilla: Applicable Laws and Legality

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

Against the Dilution of a Child’s Voice in Court

Melissa L. Breger, Albany Law School

TRIPS and Its Achilles’ Heel

Peter K. Yu, Drake University Law School

The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche

Wulf A. Kaal, Mississippi College – School of Law
Richard W. Painter, University of Minnesota Law School

The Right to Life and the Right to Health: Any Nexus?

A.K.A Kolawole, Olabisi Onabanjo University – Faculty of Law

Human Rights in the Context of Disasters: The Special Session of the UN Human Rights Council on Haiti

Allehone Mulugeta Abebe, University of Bern

Measuring TRIPS Compliance and Defiance: The WTO Compliance Scorecard

Edward Lee, Illinois Institute of Technology – Chicago-Kent College of Law

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 9: Mar. 08, 2011

DAVID D. CARON & TSEMING YANG, EDS.

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)

Sustainability and Company Law: An Improbable Union?

Benjamin J. Richardson, University of British Columbia, Faculty of Law

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

Joshua Chad Gellers, University of California, Irvine

The Evolution of International Regimes: Implications for Climate Change

Daniel Bodansky, Arizona State University Sandra Day O’Connor College of Law
Elliot Diringer, Pew Center on Global Climate Change

Integrating Sustainable Development Planning and Climate Change Management: A Challenge to Planners and Land Use Attorneys

Patricia E. Salkin, Albany Law School
John R. Nolon, Pace University – School of Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 20: Mar 07, 2011

ALAN O’NEIL SYKES, EDITOR

Flexibilities, Rules and Trade Remedies in the GATT/WTO System

Joseph Michael Finger, Independent

Does WTO Matter for the Extensive and the Intensive Margins of Trade?

Pushan Dutt, INSEAD – Economics and Political Sciences
Ilian Mihov, INSEAD – Economics and Political Sciences, Centre for Economic Policy Research (CEPR)
Timothy Van Zandt, INSEAD – Economics and Political Sciences, Centre for Economic Policy Research (CEPR)

Measuring TRIPS Compliance and Defiance: The WTO Compliance Scorecard

Edward Lee, Illinois Institute of Technology – Chicago-Kent College of Law

Drawing the Right Lessons from ICSID Jurisprudence on the Doctrine of Necessity

Amin George Forji, affiliation not provided to SSRN

……

Georgetown Journal of International Law, Volume 42, Number 1, Fall 2010

INTERNATIONAL TRADE REVIEW

  • FOREWORD (Judge Evan J. Wallach) p.1

PRACTITIONER COMMENTARIES

  • OVERVIEW OF 2009 DECISIONS BY THE U.S. COURT OF INTERNATIONAL TRADE IN APPEALS OF DETERMINATIONS OF THE U.S. INTERNATIONAL TRADE COMMISSION (Kimberly R. Young and Frederick P. Waite) p.5
  • JUDICIAL REVIEW OF ANTIDUMPING AND COUNTERVAILING DUTY DETERMINATIONS BY THE DEPARTMENT OF COMMERCE: NOTEWORTHY CASES IN 2009 (Marguerite Trossevin and Reza Karamloo) p.35
  • 28 U.S.C. § 1581(C): JUDICIAL REVIEW OF ANTIDUMPING AND COUNTERVAILING DUTY DETERMINATIONS ISSUED BY THE DEP ARTMENT OF COMMERCE (Michele D. Lynch, Nasim A. Deylami, Nath….) p.65
  • COMMENTARY ON DEVELOPMENTS IN SECTION 1581 (C) NME CASES (Thomas J. Trendl, Jamie B. Beaber, Micha….) p.97
  • DEVELOPMENTS DURING 2009 CONCERNING 28 U.S.C. § 1581(D) AND (G) AND 28 U.S.C. § 1582(1) (Franklin E. White, Jr. and Justin David Blanset) p.135
  • DEVELOPMENTS DURING 2009 CONCERNING THE U.S. COURT OF INTERNATIONAL TRADE’S “RESIDUAL” JURISDICTION UNDER 28 U.S.C. § 1581(I) (Michael J. Coursey) p.169

NOTES

  • EXPORT CONTROL REFORM AND THE SPACE INDUSTRY (David Damast) p.211

……

American Journal of International Law, Volume 105, Number 1, January 2011

  • The Diplomacy of Universal Jurisdiction: The Political Branches and the Transnational Prosecution of International Crimes (Máximo Langer) p.1

Agora: The ICJ’s Kosovo Advisory Opinion

  • The Kosovo Advisory Opinion: Conflict Resolution and Precedent (Richard Falk) p.50
  • Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon (Dinah Shelton) p.60
  • The Legal Effects of United Nations Resolutions in the Kosovo Advisory Opinion (Marko Divac Öberg) p.81

In Memoriam

  • Shabtai Rosenne (1917-2010) (Stephen M. Schwebel) p.91

International Decisions – Edited by David J. Bederman

  • Pulp Mills on the River Uruguay (Argentina v. Uruguay) (Cymie R. Payne) p.94
  • Kononov v. Latvia (Lauri Mälksoo) p.101
  • Abbott v. Abbott (Linda J. Silberman) p.108
  • Her Majesty’s Treasury v. Mohammed Jabar Ahmed and Others; Her Majesty’s Treasury v. Mohammed al-Ghabra; R (on the application of Hani El Sayed Sabaei Youssef) v. Her Majesty’s Treasury (Miša Zgonec-Rožej) p.114

Contemporary Practice of the United States Relating to International Law – Edited by John R. Crook

  • Oklahoma Constitutional Amendment Barring Consideration of Sharia and International Law Overwhelmingly Approved by Voters, Preliminarily Enjoined by U.S. Court p.123
  • U.S. Senate Approves Defense Trade Cooperation Treaties with Australia and the United Kingdom, Refuses Effect to Treaty Language Claiming Self-Execution p.124
  • Ninth Circuit Finds FSIA Exception for Expropriated Property Allows Claims Against States That Did Not Expropriate the Property p.128
  • United States Apologizes for Unethical Medical Research in Guatemala in 1940s p.130
  • Continued U.S. Efforts to Combat Somali Piracy p.131
  • U.S. Naval Forces Contest China’s Claims to Exclude Foreign Naval Vessels from Its Exclusive Economic Zone p.135
  • U.S. Trade Representative Releases Text of Anti-counterfeiting Trade Agreement; Critics and Supporters Debate Agreement p.137
  • U.S. Human Rights Record Assessed in UN Rights Council’s Universal Periodic Review Process p.139
  • Second Circuit Panel Finds Alien Tort Statute Does Not Apply to Corporations p.142
  • Ninth Circuit Upholds Dismissal of ATS and TVPA Claims Against Chevron p.145
  • Senate Judiciary Committee Subcommittee Holds Hearings on the Convention for the Elimination of Discrimination Against Women p.147
  • Alleged Major Arms Dealer Extradited to United States by Thailand p.149
  • U.S. Financial Support for Special Court for Sierra Leone p.150
  • Omar Khadr Pleads Guilty, Sentenced to Maximum of Eight Years, May Be Transferred to Canada p.151
  • Senate Foreign Relations Committee Approves START Treaty; Prospects for Full Senate Approval Unclear p.153
  • U.S. Court Will Not Set Aside Investment Treaty Award Against Argentina p.154
  • United States Supports Conclusion of Code of Conduct for Security Companies p.156
  • Senate Approves Child Support Convention p.158

Brief Notes p.160

Recent Books on International Law – Edited by Richard B. Bilder

Review Essay, New Approaches to Customary International Law – Posner, Eric A. The Perils of Global Legalism; Guzman, Andrew T. How International Law Works: A Rational Choice Theory; Lepard, Brian D. Customary International Law: A New Theory with Practical Applications (Anthony D’Amato) p.163

Book Reviews

  • Gross, Michael L. Moral Dilemmas of Modern War: Torture, Assassination, and Blackmail in an Age of Asymetric Conflict (George H. Aldrich) p.167
  • Romano, Cesare P. R. (ed.). The Sword and the Scales: The United States and International Courts and Tribunals (Michael J. Mattler) p.171
  • Pati, Roza. Due Process and International Terrorism: An International Legal Analysis (Molly Beutz Land) p.176
  • Mitchell, Andrew D. Legal Principles in WTO Disputes (Marion Panizzon) p.181
  • Janow, Merit E., Victoria Donaldson, and Alan Yanovich (eds.). The WTO: Governance, Dispute Settlement & Developing Countries (Debra P. Steger) p.186
  • Briefer Notices
  • Thürer, Daniel. Völkerrecht als Fortschritt und Chance (Stephan Hobe) p.192
  • Young, Nigel J. (ed.). The Oxford International Encyclopedia of Peace (Kelly Vinopal) p.193
  • Books Received p.194
  • International Legal Materials Contents, Vol. XLIX, Nos. 5,6 p.199

……

Nordic Journal of International Law, Volume 80, Number 1, 2011

  • International Legal Hierarchy Revisited – The Status of Obligations Erga Omnes (Linderfalk, Ulf) p.1-23
  • Challenge or Confirmation? The Role of the Swedish Parliament in the Decision-making on the Use of Force (Österdahl, Inger) p.25-93
  • The Hague Judgments Convention (Nielsen, Peter Arnt) p.95-119
  • The Law of Armed Conflict: International Humanitarian Law in War (Hartmann, Jacques) p.121-123

……

Harvard International Law Journal, Volume 52, Number 1, Winter 2011

ARTICLES

  • Universal Exceptionalism in International Law (Ann Bradford & Eric A. Posner) p.1
  • Mutual Recognition in International Finance (Pierre-Hugues Verdier) p.55
  • What if Europe Held an Election and No One Cared? (David Schleicher) p.109
  • On a Differential Law of War (Gabriella Blum) p.163
  • The Evolution of Hostile Takeover Regimes in Developed and Emerging Markets: An Analytical Framework (John Armour, Jack B. Jacobs & Curtis J. Milhaupt) p.219

NOTE

  • The Legal Turn in Late Development Theory: The Rule of Law and the World Bank’s Development Model (Tor Krever) p.287

……

Loyola of Los Angeles International & Comparative Law Review, Volume 32, Number 2, Spring 2010

  • An Oasis in the Desert: The Emergence of Israeli Investment Treaties in the Global Economy (Efraim Chalamish) p.123
  • The Grease in the Gears: Impunity in the Democrat ic Republic of Congo and the Opportunity for Peace (Jake Goodman) p.209
  • Forum Shopping in European Insurance Litigation: A Comparison Between Jurisdictional Rules in the European Union and the United States (King Fung Tsang) p.239
  • Riiffert v. Land Niedersachsen: The ECJ’s Departure from Traditional European Socialism (Michelle Meyer) p.273
  • The Era of Cyber Warfare: Applying International Humanitarian Law to the 2008 Russian-Georgian Cyber Conflict (Lesley Swanson) p.303

……

International Environmental Agreements: Politics, Law and Economics, Volume 11, Number 1, March 2011

  • Agency in Earth System Governance – Guest Editors: P. Pattberg, M. Betsill and E. Dellas
  • Editorial (Michele Betsill, Philipp Pattberg and Eleni Dellas) p.1-6
  • Wine, fruit, and emission reductions: the CDM as development strategy in Chile (Teresia Rindefjäll, Emma Lund and Johannes Stripple) p.7-22
  • Networking for climate change: agency in the context of renewable energy governance in India (Elisabeth Benecke) p.23-42
  • Exploring the agency of global environmental consultancy firms in earth system governance (Sofie Bouteligier) p.43-61
  • Social entrepreneurs as change agents: a case study on power and authority in the water sector (Lena Partzsch and Rafael Ziegler) p.63-83
  • Agency in earth system governance: refining a research agenda (Eleni Dellas, Philipp Pattberg and Michele Betsill) p.85-98

……

Asia Pacific Journal on Human Rights and the Law

Volume 11, Number 2, 2010

The Significance of the UN Declaration on the Rights of Indigenous Peoples: The Australian Perspectives
pp. 1-17(17)
Author: Kariyawasam, Kanchana

Euthanasia and its Legality and Legitimacy from Indian and International Human Rights Perpectives
pp. 18-30(13)
Authors: Biswas, Tushar Kumar; Sengupta, Arnab

The European Court of Human Rights and India: A Study Contrasting their Respective Approaches towards Human Rights Issues
pp. 31-51(21)
Authors: Vidyasagar, S V Adithya; Tatiya, Siddharth

Final Report: Reference on Human Rights, Sexual Orientation and Gender Identity
pp. 52-81(30)

Terms of Reference of the ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC)
pp. 82-91(10)

Universal Declaration of Human Rights (PONAPEAN)
pp. 92-98(7)

……

Muslim World Journal of Human Rights

Volume 7 / Issue 2 (January 2011)

Articles

PDF

Paradoxes of Democratic Progress in Kuwait: The Case of the Kuwaiti Women’s Rights Movement
Doron Shultziner and Mary Ann Tétreault

PDF

Towards Substantive Equality in Iranian Constitutional Discourse
Amin Reza Koohestani

PDF

Human Rights and Islamic Law: A Legal Analysis Challenging the Husband’s Authority to Punish “Rebellious” Wives”
Murad H. Elsaidi

PDF

Citizenship in Question: Chicago Muslims Before and After 9/11
Jackleen M. Salem

PDF

Restrictions on the Press under King Mohammed VI and Morocco’s Obligations under International and Domestic Laws on Freedom of Expression
Agatha Koprowski

Book Reviews

PDF

Review of Justice & Rights: Christian and Muslim Perspectives
David T. Buckley

PDF

Review of Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na‘im, Yash Ghai and Upendra Baxi
Jane I. Smith

……

International Business Law Journal, Number 3, 2010

ARTICLES

  • A Few Reflections on the Assessment of Evidence By International Arbitrators (Anne Véronique SCHLAEPFER and Philippe BARTSCH) p.211
  • The Regulation of Foreign Lawyers’ Participation in Arbitration Proceedings in the People’s Republic of China (Daniel Arthur LAPRÈS) p.224
  • Chinese Water Falls (Stéphane VERNAY et Nadine GANESAN) p.233
  • Comment Column
  • De l’impératif de liberté (pré)contractuelle dans le contentieux de la rupture des pourparlers précontractuels (Alexis ALBARIAN) p.252
  • ACTUALITES

INTERNATIONAL TRADE AND COMPETITION LAW

  • The EDF Case: Did the State Really Act as a Private Investor Would Have Done? (Jean-Cyril BERMOND) p.273

EMERGENCE OF AN INTERNATIONAL/REGIONAL BUSINESS LAW

  • Informal Sources of International Business Law (Laurence RAVILLON, Hélène TOURARD et Eric LOQUIN) p.278

INTERNATIONAL INVESTMENTS LAW AND PRACTICE

  • Chronicle: January 1 to March 31, 2010 (Walid Ben HAMIDA, Emmanuelle CABROL, Ferhat HORCHANI) p.294

INTERNATIONAL TAXATION

  • The 50% French Bank Bonus Tax (Nicolas de BOYNES, Nicolas MESSAGE, Pier….) p.306

INTERNATIONAL ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION

  • Electronic Document Production in International Arbitration : Some Threshold Issues (Aren GOLDSMITH) p.313

ENERGY AND INFRASTRUCTURES

  • First chronicle (David CHEKROUN, Patrick BLANCHARD, Marie….) p.320

……

Journal of World Intellectual Property, Volume 14, Number 2, March 2011

Articles

  • Implementation of the Technical Assistance Principles of the WIPO Development Agenda (Carolyn Deere Birkbeck and Ron Marchant) p.103-132
  • Is the Devil in the Data? A Literature Review of Piracy Around the World (Nixon K. Kariithi) p.133-154
  • An Elementary Consideration of Humanity? Linking Trade-Related Intellectual Property Rights to the Human Right to Health in International Law (Lisa Forman) p.155-175
  • Commercializing Human Rights: Trademarks in Europe After Anheuser-Busch v Portugal (Jennifer W. Reiss) p.176-201
  • Pharmaceutical Innovation, Fair Following and the Constrained Value of TRIPS Flexibilities (Ebenezer K. Tetteh) p.202-228

……

Modern Law Review, Volume 74, Number 2, March 2011

ARTICLES

  • How Successful and Distinctive is the Human Rights Act? An Expatriate Comparatist’s Assessment (Stephen Gardbaum) p.195-215

REVIEWS

  • The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows by Karl P. Sauvant and Lisa E. Sachs (eds) (David Collins) p.322-324

……

Journal of African Law, Volume 55, Number 1, April 2011

  • IGAD as an International Organization, Its Institutional Development and Shortcomings (K Isaac Weldesellassie) p.1-29
  • Entrenching the Right to Participate in Government in Kenya’s Constitutional Order: Some Viable Lessons from the African Charter on Human and Peoples’ Rights (Morris Kiwinda Mbondenyi) p.30-58
  • Law and Development in Nigeria: A Need for Activism (Mamman Lawan) p.59-85

……

Singapore Journal of Legal Studies, December 2010

  • “It is a Little Known Legal Fact”: Originalism, Customary Human Rights Law and Constitutional Interpretation (THIO LI-ANN) p.558

Book Reviews

  • International Commercial Litigation by Richard Fentiman (LAN LUH LUH) p.582

……

Notre Dame Law Review, Volume 85, Number 5, December 2010

  • Re-examining Customary International Law and the Federal Courts: An Introduction (Anthony J. Bellia, Jr.) p.1787
  • The Political Branches and the Law of Nations (Anthony J. Bellia, Jr. and Bradford R. Clark) p.1795
  • State Action and Corporate Human Rights Liability (Curtis A. Bradley) p.1823
  • The Constitution and the Laws of War During the Civil War (Andrew Kent) p.1839

……

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
  • Have the Modern Approaches to Unit Development of Straddlign Petroleum Resources Extinguished the Applicability of the Primordial Law of Capture?  (Chukwuemeka Mike Okorie) p.41
  • Strikes and Resolutions to Strikes Under Vietnamese Labour 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

……

Harvard Law Review, Volume 124, Number 4, February 2011

Recent International Advisory Opinion

International Court of Justice Concludes that Kosovo’s Unilateral Declaration of Independence Did Not Violate International Law. — Accordance with International Law of Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion (July 22, 2010), p.1098

……

University of Denver Water Law Review, Volume 14, Number 1, Fall 2010

  • HOW WELL CAN WATER LAW ADAPT TO THE POTENTIAL STRESSES OF GLOBAL CLIMATE CHANGE? (Dan Tarlock) p.1

……

Journal of Politics and Law, Volume 4, Number 1, March 2011

  • Playing Poker with the Rule of Law: The United Nations and International Peacebuilding Strategies during the Eritrean-Ethiopian War (Scott Nicholas Romaniuk, Christopher Douglas Mott) p.3
  • Property Rights Theory and the Reform of Artisanal and Small-Scale Mining in Developing Countries (Fabian Clausen, Maria Laura Barreto, Amir Attaran) p.15
  • Effectiveness and Remedies of the Arbitral Awards in OHADA (1)’s System and in People’s Republic of China. (Mamoudou Samassekou, Song Lianbin) p.63
  • Exploitation of Sea Resources and the Territorial Application of the Law of the Sea (EWA KURLANDA) p.51
  • The Characteristics of China’s National Security (Chen Ou) p.84
  • INTELLECTUAL PROPERTY RIGHTS IN NATURAL RESOURCES: MALAYSIAN LEGAL PERSPECTIVE (Nor Azlina Mohd Noor, Ahmad Shamsul Abd Aziz) p.138
  • Food Terrorism in Nigeria: Fears, Possibilities and Action (Nwoko Kenneth Chukwuemeka) p.159
  • The Known and Unknown of Mankind at the Times of Globalization (Yue Yang) p.215

……

Philippine Law Journal, Volume 84, Number 2, 2009

  • Painting REDD Offsets Green: A case for statutory deuteranopia (Rommel J. Casis) p.338

……

Clearinghouse Review, Volume 44, Numbers 9-10, January-February 2011

  • Human Rights Frameworks, Strategies, and Tools for the Poverty Lawyer’s Toolbox (Gillian MacNaughton) p.437
  • Using Human Rights to Move Beyond the Politically Possible (Mariah McGill) p.459
  • White House Holds First-Ever Environmental Justice Forum p.499

……

Georgia State University Law Review, Volume 27, Number 3, Spring 2011

ARTICLES

  • Deporting Families: Legal Matter or Political Question? (Angela M. Banks) p.489
  • From Climate Change and Hurricanes to Ecological Nuisances: Common Law Remedies for Public Law Failures? (Stephen M. Johnson) p.565

……

International Journal of Children’s Rights, Volume 18, Number 4, 2010

Childrens Rights 20 Years after the Convention

  • Introduction Celebrating important milestones for children and their rights (Lee, Yanghee) p.479-482
  • The Best Interests of the Child Principle: Literal Analysis and Function (Zermatten, Jean) p.483-499
  • The weight of the child’s view (Article 12 of the Convention on the Rights of the Child) (Krappmann, Lothar) p.501-513
  • 20 years of the Convention on the Rights of the Child and International Action against Child Labour (Noguchi, Yoshie) p.515-534
  • The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict – Towards Universal Ratification (Coomaraswamy, Radhika) p.535-549
  • The protection of children from sexual exploitation Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Pais, Marta Santos) p.551-566
  • Communications procedure under the Convention on the Rights of the Child: 3rd Optional Protocol (Lee, Yanghee) p.567-583
  • The Ageing of the UN Convention on the Rights of the Child (Veerman, Philip E.) p.585-618
  • Children, But Not Really Humans? Critical Reflections on the Hampering Effect of the “3 p’s” (Quennerstedt, Ann) p.619-635
  • ‘Vernacularising’ the Convention on the Rights of the Child: Rights and Culture as Analytic Tools (Kaime, Thoko) p.637-653
  • The Palgrave Handbook of Childhood Studies (Lundy, Laura) p.655-658
  • Education, Asylum and The ‘Non-Citizen’ Child: The Politics of Compassion and Belonging (Alderson, Priscilla) p.659-660
  • Corporal Punishment of Children: A Human Rights Violation (Saunders, Bernadette J.) p.661-664
  • The Voice of A Child in Family Law Disputes (Freeman, Michael) p.665-672
  • Children, Politics and Communication (Freeman, Michael) p.673-676

……

ILSA Journal of International and Comparative Law, Volume 17, Number 1, Fall 2010

  • Counterfeit Conspiracy: The Misapplication of Conspiracy as a Substantive Crime in International Law (Taylor Reeves Dalton) p.1
  • Crimes Against Humanity Draft Bill of 2009: The International Implications of Addressing Impunity Through National Legislation (Hansdeep Singh) p.23
  • The Essential Role of Social Work in Addressing Victims and Survivors of Trafficking (Nancie Palmer) p.43
  • The Crisis: Libertas and Veritas (Eric Engle) p.57
  • Promise Against Peril: Of Power, Purpose, and Principle in International Law (Robert Hockett) p.71
  • The Puzzle of “Freedom of Contract” in China’s Contract Law (Jun Zhao) p.105
  • The Treating-Making Process: A Guide for Outsiders (Detlev F. Vagts) p.127
  • Why the Free Speech Protection Act of 2009 Serves as a Necessary Judicial Restraint Against Foreign Libel Judgments (Gabriela A. Urbina) p.147
  • Quit Messing Around: Department of Defense Anti-Prostitution Policies Do Not Eliminate U.S.-Made Trafficking Demand (Christopher M. Brown) p.169

LAW 2010 PHILIP C. JESSUP INTERNATIONAL MOOT COURT COMPETITION DISTINGUISHED BRIEFS

  • Memorial for Applicant – National University of Singapore (Singapore) p.185
  • Memorial for Respondent – Australian National University (Australia) p.231

……

European Energy and Environmental Law Review, Volume 19, Number 5, 2010

  • Enforecement of EU Environmental Law and the Role of Interim Relief Measures (Martin Hedemann-Robinson) p.204-229
  • EU Border Tax Adjustments and Climate Change: Reaching Consensus within the International Legal Context (Ottavio Quirico) p.230-238
  • Wind Energy and Local Acceptance: How to Get Beyond the Nimby Effect (Birgitte Egelund Olsen) p.239-251
  • Global Climate Governance Beyond 2012: Architecture, Agency and Adaptation, by Biermann, F., Pattberg, P. and Zelli, F. (Cambridge: University Press, 2010) (Katrin Glatzel) p.252-254

……

Corporate Taxation, Volume 38, Number 1, January/February 2011

  • International Tax Planning—An Essential Step for Global Start-Ups(Jeanne P. Goulet) p.3
  • Managing the Benefits and Risks of Global Equity Plans (Cheryl Spielman and Amit Banker) p.14
  • International Developments (Stafford Smiley) p.24

……

International Business Law Journal, Number 3, 2010

  • A Few Reflections on the Assessment of Evidence By International Arbitrators (Anne Véronique Schlaepfer and Philippe Bartsch) p.211
  • The Regulation of Foreign Lawyers’ Participation in Arbitration Proceedings in the People’s Republic of China (Daniel Arthur Lapres) p.224
  • Chinese Water Falls (Stéphane Vernay and Nadine Ganesan) p.233
  • The EDF Case: Did the State Really Act as a Private Investor Would Have Done? (Jean-Cyril Bermond) p.273
  • Informal Sources of International Business Law (Laurence Ravillon, Hélène Tourard et Eric Loquin) p.278
  • Chronicle: January 1 to March 31, 2010 (Walid Ben Hamida, Emmanuelle Carbol, Ferhat Horchani) p.294
  • The 50% French Bank Bonus Tax (Nicolas de Boynes, Nicolas Message, Pier….) p.306
  • Electronic Document Production in International Arbitration : Some Threshold Issues (Aren Goldsmith) p.313

……

Journal for European Environmental & Planning Law, Volume 7, Number 3, November 2010

  • Bridge over the Straits of Messina (Füßer, Klaus; Lau, Marcus; Nastasi, Giuseppe) p.245-266
  • Phosphorus, Land Use and Absolute Quantity Reductions as a Legal Problem (Ekardt, Felix; Holzapfel, Nadine; Ulrich, Andrea E.) p.267-286
  • Water-Related Tools for Climate Change Adaptation in the Flemish Region: The Art of Linking Water Quality Standards to Spatial Planning (De Smedt, Peter) p.287-301
  • Balancing Conflicting Goods The European Human Rights Jurisprudence on Environmental Protection (Desmet, Ellen) p.303-323

……

Rutgers Law Record, Volume 37, Issue 2, Spring 2010

  • Integrating the Clean Air Act with Cap and Trade (Melissa Powers) p.150
  • Human Rights Violations and Climate Change: The Last Days of the Inuit People? (Sarah Nuffer) p.182

……

Nalsar Student Law Review, Volume 5, 2010

  • The Doctrine of State Action – Politics of Law Making – A Comparison of US & Indian Constitutional Law (Hina Doon)
  • Rethinking the Linkages Between Foreign Direct Investment and Development: A Third World Perspective (Shashank P. Kumar)
  • Case Comments
  • RK Anand v. Registrar, Delhi High Court: An Examination of the Law on Media Trials (Sneha Mohanty and Vrinda Bhandari)
  • Stretching the Limits of Statutory Interpretation: Critical Review of Bhatia International v. Bulk Trading (Vidhu Gupta)

……

World Trade and Arbitration Materials, Volume 23, Number 1, 2011

  • Australia – Measures Affecting the Importation of Apples from New Zealand p.5-166
  • Eureko B.V. v. The Slovak Republic Award on Jurisdiction, Arbitrability and Suspension p.171-245

……

Journal of National Security & Policy

Vol. 4, No. 2 (2010)

The Laws of War as a Constitutional Limit on Military Jurisdiction,

Stephen I. VladeckAmerican University Washington College of Law

……

Harvard Law Journal Online

Vol. 52, Profiles (March 2011)

An Interview with James Cavallaro

……

Selected Works at Chicago-Kent College of Law

The Irony of International Business Law: U.S. Progressivism, China’s New Laissez Faire, and their Impact in the Developing World

by Andrew Brady Spalding

……

IGENTA Database Articles on International Law

(Mar. 08, 2011)

Record 1.

TI: Mixed Migration A Humanitarian Counterpoint

AU: Linde, Thomas

JN: Refugee Survey Quarterly

PD: 23 March 2011

VO: 30

NO: 1

PG: 89-99(11)

PB: Oxford University Press

IS: 1020-4067

URL: http://www.ingentaconnect.com/content/oup/refqtl/2011/00000030/00000001/art00005

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

Record 2.

TI: Information Asymmetry and Financing Decisions

AU: BESSLER, WOLFGANG; DROBETZ, WOLFGANG; GRUNINGER, MATTHIAS C.

JN: International Review of Finance

PD: March 2011

VO: 11

NO: 1

PG: 123-154(32)

PB: Blackwell Publishing Ltd

IS: 1369-412X

URL: http://www.ingentaconnect.com/content/bpl/irfi/2011/00000011/00000001/art00005

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

Record 3.

TI: Cook Islands

AU:

JN: SourceOECD Emerging Economies

PD: February 2011

VO: 2011

NO: 2

PG: 154-167(14)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0173

URL: http://www.ingentaconnect.com/content/oecd/16080173/2011/00002011/00000002/2811011ec020

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

Record 4.

TI: Malaysia

AU:

JN: SourceOECD Emerging Economies

PD: February 2011

VO: 2011

NO: 2

PG: 315-335(21)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0173

URL: http://www.ingentaconnect.com/content/oecd/16080173/2011/00002011/00000002/2811011ec030

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

Record 5.

TI: Cook Islands

AU:

JN: SourceOECD Governance

PD: February 2011

VO: 2011

NO: 7

PG: 154-167(14)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0246

URL: http://www.ingentaconnect.com/content/oecd/16080246/2011/00002011/00000007/2811011ec020

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

Record 6.

TI: Malaysia

AU:

JN: SourceOECD Governance

PD: February 2011

VO: 2011

NO: 7

PG: 315-335(21)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0246

URL: http://www.ingentaconnect.com/content/oecd/16080246/2011/00002011/00000007/2811011ec030

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

Record 7.

TI: Pre-departure Integration Strategies in the European Union: Integration or Immigration Policy?

AU: Groenendijk, Kees

JN: European Journal of Migration and Law

PD: 2011

VO: 13

NO: 1

PG: 1-30(30)

PB: Martinus Nijhoff Publishers

IS: 1388-364X

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

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

Record 8.

TI: Non-retroactivity of Criminal Law

AU: Spiga, Valentina

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 5-23(19)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00002

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

Record 9.

TI: Is the Rome Statute Binding on Individuals? (And Why We Should Care)

AU: Milanovi, Marko

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 25-52(28)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00003

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

Record 10.

TI: Self-Representation before the ICTY

AU: Boas, Gideon

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 53-83(31)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00004

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

Record 11.

TI: Perpetration through an Organization

AU: Weigend, Thomas

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 91-111(21)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00006

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

Record 12.

TI: The Fujimori Judgment

AU: Ambos, Kai

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 137-158(22)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00008

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

Record 13.

TI: Indirect Perpetration versus Joint Criminal Enterprise

AU: Manacorda, Stefano; Meloni, Chantal

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 159-178(20)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00009

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

Record 14.

TI: New Court, Old Dogmatik

AU: Fletcher, George P.

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 179-190(12)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00010

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

Record 15.

TI: The 2009 Resolution of the Institute of International Law on Immunity and International Crimes

AU: Bellal, Annyssa

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 227-241(15)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00013

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

Record 16.

TI: Antonio Cassese Prize for International Criminal Law Studies, 20092010

AU:

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 279-279(1)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00017

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

Record 17.

TI: The International Law of Internal Armed Conflict

AU: Sivakumaran, Sandesh

JN: Journal of International Criminal Justice

PD: 28 March 2011

VO: 9

NO: 1

PG: 281-295(15)

PB: Oxford University Press

IS: 1478-1387

URL: http://www.ingentaconnect.com/content/oup/jicjus/2011/00000009/00000001/art00018

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

Record 18.

TI: The French Curricular Exception and the Troubles of Education and Internationalisation: will it be enough to rearrange the deckchairs?

AU: GAUTHIER, ROGER-FRANCOIS; LE GOUVELLO, MARGAUX

JN: European Journal of Education

PD: March 2010

VO: 45

NO: 1

PG: 74-88(15)

PB: Blackwell Publishing Ltd

IS: 0141-8211

URL: http://www.ingentaconnect.com/content/bpl/ejed/2010/00000045/00000001/art00007

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

IV. Blogs (select items)

Yale Journal of International Law, Online Symposium on Chimène Keitner’s article, Rights Beyond Borders, Opinio Juris (Mar. 8, 2011)(multiple entries)

John Bellinger, Obama’s Announcements on International Law, Lawfare (Mar. 8, 2011)

Danya Chaikel, Does Gender Matter in the International Criminal Court? Hague Justice Portal (8 Mar 2011)

Deborah Pearlstein, Further Thoughts on the Guantanamo Executive Order, Balkanization (Mar. 8, 2011)

Marc Stern, Laws Targeting Judicial Citation of Religious, International Law a “Gross Over-Reaction”, ACSblog (Mar. 8, 2011

Cymie Payne, Chamber Advises Caution in Seabed Mining, IntLawGrrls (Mar. 8, 2011)

Patrick S. O’Donnell, Humanitarian … Intervention in Libya?, Ratio Juris (Mar. 8, 2011)

Kelly Askin, International Gender Justice: Progress in International War Crimes Tribunals and the UN Security Council, IntLawGrrls (Mar. 8, 2011)

Antoine Buyse, The Court’s Practice Direction for Litigants, ECHR Blog (Mar. 7, 2011)

Colum Lynch, The U.N.’s Tough Stand on Qaddafi: Exception or Rule?, Turtle Bay (Mar. 7, 2011)

Lisa Speer, New International Treaty Targets Destructive Bottom Trawl Fishing in the Pacific, NRDC Switchboard (Mar. 7, 2011)

Beth Van Schaack, Breaking News: Obama’s Executive Order on Guantanamo, IntLawGrrls (Mar. 7, 2011)

Deborah Pearlstein, Some Preliminary Thoughts on the Gitmo Executive Order, Opinio Juris (Mar. 7, 2011)

Robert Chesney, Key Points on Today’s Executive Order on GTMO Detention Review, Lawfare (Mar. 7, 2011)

Curtis Doebbler, Libya and UN Sanctions: Fair Play or Unfair Politics?, Jurist Forum (Mar. 7, 2011)

Stephen Leahy, Biodiversity Panel Learns from IPCC Experience, OurWorld 2.0 (Mar. 7, 2011)

Jacob Scherr, The Roads to the Rio+ 20 Earth Summit: Next Stop is New York, NRDC Switchboard (Mar. 5, 2011)

Razeen Sally, Big Government and Protectionism Threaten World Trade, East Asia Forum (Mar. 7, 2011)

Christopher Gevers, A Theory of International Criminal Law? War and Law (Mar. 7, 2011)

Kenneth Anderson, Humanitarian Intervention in Libya: Follow-up Post, Opinio Juris (Mar. 7, 2011)

Jack Goldsmith, Intervening in Libya: Domestic Law Authority, Lawfare (Mar. 7, 2011)

Greendaniel, Rio+20 – While Rio Dances, UN Talks…, Making Waves (Mar. 7, 2011)

Louis M. Solomon, District Court Rejects Res Judicata and International Comity, Refusing To Give Effect to Non-forum Judicial Decision Overturning Arbitral Award, OneWorld: International Practice Blog (Mar. 7, 2011)

Graeme Hall, Buying Time on Prisoner Votes – The Roundup, UK Human Rights Blog (Mar. 7, 2011)

UN Watch, After UN Watch Protest, U.N. Rights Council Pulls Report Singing Qaddafi’s Praises, UN Watch (Mar. 7, 2011)

Paul Donowitz, Fighting Corruption in Burma By Enforcing U.S. Law, EarthRights (Mar. 7, 2011)

Lorna McGregor, Two New Decisions on Subject-Matter Immunity, Torture and Extra-Judicial Killings, EJIL: Talk! (Mar. 7, 2011)

Michael Davidson, Converging on the Earth Summit: All Eyes and Actions on Accountability, NRDC Switchboard (Mar. 6, 2011)

Patrick S. O’Donnell, Sufis & Politics (or Saints in the City): A Few Observations, Ratio Juris (Mar. 6, 2011)

Leila Nadya Sadat, The International Criminal Court and the Transformation of International Law? Maybe Not Yet …, IntLawGrrls (Mar. 5, 2011)

Adam Minter, The Shipbreakers of China, James Fallows (Mar. 4, 2011)

Samuel Moyn, The Rights of Man Return, Dissent (Mar. 4, 2011)

Duncan Hollis, Live Blogging at the Harvard National Security Symposium, Opinio Juris (Mar. 4, 2011)

Iain Scobbie, In the Dock, In Paris – The Judgment, by Joseph Weiler, EJIL: Talk! (Mar. 4, 2011)

Sari Tolvanen, International Unsustainable Overfishing, Making Waves (Mar. 4, 2011)

Miguel Muñoz, Climate Change Negotiations: A Collection of Post-Cancun Analyses, Triple Crisis (Mar. 3, 2011)

William A. Schabas, Big Improvement as Prosecutor Moves Fast on Libya, PhD Studies in Human Rights (4 Mar 2011)

Stefan Talmon, The Difference between Rhetoric and Reality: Why an Illegitimate Regime May Still be a Government in the Eyes of International Law, EJIL Talk!, (Mar. 3, 2011)

RENS, Dresden 1945: An Allied War Crime? Peace Palace Library (Feb. 18, 2011)

V. Gray Literature/Newsletters (select items)

IIED, Land Deals in Africa: What’s In the Contracts? (Feb. 2011)

ICTSD, Bridges Trade BioRes, Vol. 11, No. 4 (Mar. 7, 2011)

Steve Metz, Intervention: Four Options for U.S. Military Action in Libya, The New Republic (Mar. 7, 2011)

Michael P. Scharf, Special Tribunal for Lebanon Issues Landmark Ruling on Definition of Terrorism and Modes of Participation, ASIL Insights (Vol. 15, Issue 6, Mar. 4, 2011)

ASIL, International Law in Brief (Mar. 4, 2011)

Michelle Bachelet, Women, War and Peace, UN Women (Mar. 3, 2011)

Pardee Center Task Force Report, Beyond Rio+ 20: Governance for a Green Economy, Frederick S. Pardee Center for the Study of the Longer-Range Future (2011)

FAO, FAO Water Bulletin 2 (Mar. 2, 2011)

Michael Jacobs, Taking Stock on Climate, Inside Story (2 Mar 2011)

EII, Earth Island Journal, Vol. 26, No. 1 (Spring 2011)

UNDP, A Quarterly Update of Activities (Issue 5, Feb. 2011)

VI. Podcasts and Video

Morning Edition, Social Media: Essential Tool in U.S. Foreign Policy, NPR (Mar. 8, 2011)

All Things Considered, Obama Ends Ban on Military Trials at Guantanamo, NPR (Mar. 7, 2011)(also PBS News Hour)

William Vocke, Global Ethics Corner: Defeating Piracy, Carnegie Council (Mar. 4, 2011)

PBS, No-Fly Option Examined as Libyan Fighting Intensifies, PBS Newshour (Mar. 2, 2011)

IISD, The Kyoto Mechanisms: The Key to Combating Climate Change?( Dr. Jeffrey Sachs and Yvo de Boer dialogue on climate change 2008), IISD Publications Centre (Part I) and (Part II) (uploaded, 4 Mar 2011)

VII. Documents/Negotiations

The White House, Executive Order, Periodic Review of Individuals Detained at Guantanamo Bay Naval Station Pursuant to the Authorization for the Use of Military Force (Mar. 7, 2011)(accompanying White House Fact Sheet)

UN High Commissioner for Refugees, Climate Change and Displacement: Identifying Gaps and Responses Expert Roundtable, February 2011 [accessed 8 March 2011]

IISD, UN General Assembly Summary of MDG Disaster Debate, Cimate Change Policy and Practice (25 Feb 2011)

UN Secretary-General, Strengthening the United Nations system, Incidental Letters dates 18 February 2011 from the Secretary-General addressed to the President of the General Assembly and President of the Security Council, U.N. Docs. A/65/747 – S/2011/85 (22 Feb 2011)

Economic and Social Council, Commission on Status of Women Takes Action on Resolutions on Climate Change, Gender Dimensions of HIV/AIDS, Assistance to Palestinian Women, ReliefWeb (4 Mar 2011)

UN General Assembly, Report of the Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt : addendum, 14 February 2011, A/HRC/16/53/Add.1 [accessed 8 March 2011]

UN Ad Hoc Committee on Refugees and Stateless Persons, Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Manfred Nowak: addendum, 11 October 2010, A/HRC/16/52/Add.3 [accessed 8 March 2011]

VIII. Media/Press Releases (select items)

8 March 2011

Edmund Sanders, Palestinians make risky gambit for statehood, LA Times (8 March 2011)

CNN, Ivory Coast president nationalizes coffee and cocoa industry, CNN (8 March 2011)

The Nation, ICC Judges Summon Ocampo Six, The Nation (8 March 2011)

RFI English, Two Darfur Rebel Leaders to Be Tried At ICC, RFI English (8 March 2011)

Max du Plessis And Christopher Gevers, UNSC Referral of Libya Gives ICC the Opportunity to Prove its Worth, Institute for Security Studies (8 March 2011)

Carole Vaporean, 100 Years of International Women’s Day – What is UN Women going to do?, TrustLaw (8 March 2011)

Rita Henley Jensen, The Word on Women – Women of Middle East torn between Sharia and international law, TrustLaw (8 March 2011)

Jaclyn Belczyk, ICJ Orders Costa Rica, Nicaragua Personnel From Disputed Border Area, Jurist Paper Chase Newsburst (Mar. 8, 2011)

Penelope Chester, Côte d’Ivoire: A Civil War By Any Other Name?, UN Dispatch (Mar. 8, 2011)

Jaclyn Belczyk, ICC Order Darfur Rebels to Stand Trial Over Peacekeeper Killings, Jurist Paper Chase Newsburst (Mar. 8, 2011)

Mohammed Abbas, Libya No-Fly Zone Talks, Protracted Conflict Looms, AlertNet (Mar. 8, 2011)

John Paul Putney, EU Court of Justice rules against proposed European patent court, Jurist Paper Chase Newsburst (Mar. 8, 2011)

Daniel Makosky, Federal Judge Blocks Damages in Chevron Ecuador Pollution Case, Jurist Paper Chase Newsburst (Mar. 8, 2011)

7 March 2011

Bill Varner, China, Russia Lead UN Bid to Stabilize Somalia, Combat Piracy, Bloomberg Business Week (Mar. 7, 2011)

Julian Borger, Palestinian Diplomatic Status in the UK Upgraded, guardian.co.uk (Mar. 7, 2011)

UN News Service, New biosafety protocol to UN treaty on biological diversity opens for signature, UN News Centre (7 Mar 2011)

Jaclyn Belczyk, Obama Orders Resumption of Guantanamo Military Trials, Jurist Paper Chase Newsburst (Mar. 7, 2011)(also New York Times and Washington Post and ProPublica)

Alpha Sesay, Taylor Defense to Make Closing Arguments On Wednesday, CharlesTaylorTrial.org (7 March 2011)

Amnesty International, Amnesty International’s Petition Urges United Nations to Act for International Justice for Gaza Conflict Victims, Amnesty International (7 March 2011)

James Karuhanga, Trial of FDLR Leaders Set for May, The New Times (7 March 2011)

BuaNews, Tripoli Rejects UN Sanctions On Senior Officials, BuaNews (7 March 2011)

Amnesty International, Guatemala must act to stop the killing of women, Amnesty International (7 March 2011)

Edith Lederer, Britain and France drafting no-fly resolution, Kinston.com (7 March 2011)

Japan freezes assets of Libya’s Gaddafi, others, Reuters (7 March 2011)

6 March 2011

Lucas Barasa, Kalonzo Sets Off for ICC Deferral Mission, The Nation, (6 March 2011)

CNN, U.S. Navy frees ship from suspected Indian Ocean pirates, CNN (6 March 2011)

Reuters, UN: Libya must stop attacks on civilian targets, Reuters (6 March 2011)

5 March 2011

Nicholas Vinocur And Tim Cocks, I. Coast to get 2000 more peacekeepers –official, AlertNet (5 March 2011)

Gashegu Muramira, EAC Wants Say At World Food Forum, The New Times (5 March 2011)

Matthew Pennington, US ups pressure on Sri Lanka over slain civilians, Associated Press (5 March 2011)

UPI, Interpol issues Orange Notice for Gadhafi, UPI.com (5 March 2011)

Louis Charbonneau, Libya appoints replacement for dissident UN envoy, Reuters Africa (Mar. 5, 2011)

UNEP, Coordinating Global Action to Combat Desertification and Land Degradation, Environment for Development (posted 5 Mar 2011)

Interpol issues Orange Notice for Gadhafi, UPI.com (5 March 2011)

4 March 2011

Robert Evans, U.S., Sweden to push UN rights body to act on Iran, AlertNet (4 March 2011)(also Reuters)

Paul Tait, UN urges review of air strikes after Afghan children killed, Reuters (4 March 2011)

Daria Sito-Sucic, Austria arrests Bosnia ex-general on Serbia warrant, Reuters (4 March 2011)

George Jahn, Austria detains ex-Bosnian general on Serb warrant, Kinston.com (4 March 2011)

Louis Charbonneau, UN probes Zimbabwe arms transfers to Ivory Coast, Reuters (4 March 2011)

Reuters, US to seek extradition of shooters of ICE agents, Reuters (4 March 2011)

IRIN, In Brief: Calls to penalize Thailand’s child soldier recruitment, IRIN (4 March 2011)

Richard Roth, U.N. Security Council says renewed civil war looms in Ivory Coast, CNN (4 March 2011)

Bernard Namunane, Kibaki Names Envoys to Push ICC Deferral Bid, The Nation (4 March 2011)

RFI, France Calls for Côte d’Ivoire Inquiry After Women Killed, RFI English (4 March 2011)

UPI, Hezbollah says STL violating sovereignty, UPI.com (4 March 2011)

UPI, U.S. sticks to immunity in Davis case, UPI.com (4 March 2011)

David Berreby, A Philosophy of Genocide’s Roots, NY Times Sunday Book Review (4 March)

PILPG, Peace Negotiations Watch, Vol. X, No. 9 (Mar. 4, 2011)

John Bellinger, An Internatonal Treay Congress Should Support, Washington Post (Mar. 4, 2011)

Hezbollah says STL violating sovereignty, UPI.com (4 March 2011)

U.S. sticks to immunity in Davis case, UPI.com (4 March 2011)

Libya’s Turmoil Rages: Should World Powers Intervene, PBS Newshour (4 March 2011)

UN News Service, Ban Vows to Help Pacific Islands Mitigate Climate Change Impact, UN News Centre (4 Mar 2011)

Robert Evans, U.S. and Sweden to Push U.N. Rights Body to Act on Iran, Reuters (Mar. 4, 2011)

UN News Service, Côte d’Ivoire: UN warns insecurity preventing access to those in need of help, UN News Centre (4 Mar 2011)

OHCHR – USA: from discrimination to accessibility, UN expert raises questions on water and sanitation, Office of the High Commissioner for Human Rights (Mar. 4, 2011)

Alister Doyle, UN Postpones “Green Fund” Climate Talks Until April, Reuters Africa (Mar. 4, 2011)

Appeals Chamber Rules that the Judges at Charles Taylor’s Trial Must Accept His Closing Summary, Hague Justice Portal (4 Mar 2011)(also Jurist Paper Chase Newsburst)

3 March 2011

Lyric Thompson, The Word on Women – A New Global Agency for Women’s Equality, Reuters (3 March 2011)

Reuters, Global war crimes court to investigate Gaddafi, Reuters (3 March 2011)

Reuters, Gaddafi, “inner circle” could be investigated –ICC, Reuters (3 March 2011)

Reuters, Three Dutch marines held in Libya, Reuters (3 March 2011)

Risa Maeda, INTERVIEW-UN: work on climate pacts to start next month, Reuters (3 March 2011)

IRIN, ZIMBABWE: Anti-sanctions campaign kicks off, IRIN (3 March 2011)

UN News Service, International Criminal Court Investigates Violence in Response to UN Request, UN News Service (3 March 2011)

Marlise Simons, International Criminal Court Begins Libya Inquiry, The New York Times (3 March 2011)

International meeting agrees to setp up Afghan political push, Reuters (3 March 2011)

Obama Urges Gadhafi to Step Down; International Criminal Court Launches Inquiry, PBS News Hour (3 March 2011)

UPI, Tribunal to investigate Libyan Violence, UPI.com (3 March 2011)

UPI, ICC opens probe on Libyan atrocities, UPI.com (3 March 2011)

UPI, ICC to investigate Gadhafi, UPI.com (3 March 2011)

UPI, Court denies Davis’ immunity application, UPI.com (3 March 2011)

UPI, Wikileaks founder files extradition appeal, UPI.com (3 March 2011)

2 March 2011

Pakistani court rules against CIA man, UPI.com (2 March 2011)

UPI, U.N. Apologizes to Belarus, UPI.com (Mar. 2, 2011)

Associated Press, UNESCO Suspends Cooperation with Libya, Washington Post (Mar. 2, 2011)

Marian Wang, U.S. Support for War Crimes Investigation of Libya Hinged on Exemption for Americans, ProPublica (Mar. 2, 2011)

Tererai Karimakwenda, UN Human Rights Chief Calls for Release of Activists, SW Radio Africa (2 March 2011)

UPI, Pakistani court rules against CIA man, UPI.com (2 March 2011)

Walter Menya, Why Kenya Voted Against Gaddafi, The Nation (2 March 2011)

Amnesty International, Suspension of Libya from Human Rights Council welcomed, Amnesty International (2 March 2011)

Louis Charbonneau, UN admits error on Belarus helos to I.Coast claim, Reuters (2 March 2011

Louis Charbonneau, UN official admits “mistake” on Belarus-I.Coast, Reuters (2 March 2011)


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

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

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