Anton’s Weekly Digest of International Law Scholarship, Vol. 2, No. 11 (17 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. 11
(17 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

(Some abstracts in this Bulletin have been significantly edited for brevity)

Fact-Finding in Inter-State Adjudication

Saju Jacob
affiliation not provided to SSRN
The Modern Law Review, Vol. 59, Issue 2, pp. 207-224, 2011
All analogies are imperfect in this respect, and yet the whole of our reasoning from experience is reasoning from extremely imperfect analogies between past and present occurrences. The question is not, are the conditions of the two problems the same? for that may always be answered in the negative but do they resemble each other closely enough for the old solution to be so modified as to apply to the new problem, or to suggest an analogous solution which may be applied to it?

……

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
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.

……

The International Court of Justice and the Security Council of the United Nations: A Changing Relationship

James Gerard Devaney
affiliation not provided to SSRN

The relationship between the International Court of Justice and the Security Council of the United Nations has always been one of many nuances. In examining the current state of this relationship, Part 1 sets out to illustrate that, in designating the Court and the Council to be principal organs, the Organisation’s constitutive instrument essentially casts the Court and the Council as equals. Formally, the Court has no explicit power of review and inversely the Council must at least take the Court’s judgments into consideration. However, . . . this static conceptualisation of the relationship no longer reflects reality in several fundamentally important ways. In fact, contemporary scholarship increasingly voices concerns regarding a revitalised Security Council unrestrained in the exercise of its functions. . . .

……

Valuing the Future: Intergenerational Discounting, its Problems, and a Modest Proposal

Stephen Gary Marks
Boston University – School of Law
Boston Univ. School of Law Working Paper No. 11-12
This article examine how intergenerational investment projects, such as, investments related to global warming, natural resources, energy, etc., should be undertaken. In particular, it examines two popular prescriptions: 1) In making intergenerational investments, policymakers should use a zero discount rate. 2) In making intergenerational investments, policymakers should use the market rate. The article shows that neither of these prescriptions are correct. Indeed, the article suggests that using present-value discounting at all is extremely problematic. Instead, the best we can probably do is to is to adopt a simple algorithm: set certain minimal goals for future generations: clean air, potable water, sufficient energy supplies, a nontoxic environment, etc., and then analyze the most cost-effective way of achieving those goals.

……

The Alien Tort Statute and the Law of Nations

Anthony J. Bellia Jr.
Notre Dame Law School
Bradford R. Clark
George Washington University Law School
University of Chicago Law Review, Vol. 78, 2011
Notre Dame Legal Studies Paper No. 10-12
Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided “[t]hat the district courts… shall… have cognizance… of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States.” . . . In 2004 in Sosa v. Alvarez-Machain, the Supreme Court addressed the statute for the first time and took a more restrictive approach than lower courts. . . . In this Article, we argue that neither the broader approach initially endorsed by lower federal courts nor the more restrictive approach subsequently adopted by Sosa fully captures the original meaning and purpose of the ATS. In 1789, the United States was a weak nation seeking to avoid conflict with other nations. Every nation had a duty at the time to redress certain violations of the law of nations committed by its citizens or subjects against other nations or their citizens – from the most serious offenses (such as those against ambassadors) to more mundane offenses (such as violence against private foreign citizens). If a nation failed to redress such violations, then it became responsible to the other nation, and gave the other nation just cause for war. . . . The ATS authorized federal court jurisdiction over claims by foreign citizens against U.S. citizens for intentional torts to person or personal property. The statute thereby provided a self-executing means for the United States to avoid military reprisals for the misconduct of its citizens. Neither the ATS nor Article III, however, authorized federal court jurisdiction over claims between aliens. . . . Despite suggestions that the true import of the ATS may never be recovered, the original meaning of the statute is relatively clear in historical context: the ATS limited federal court jurisdiction to suits by aliens against U.S. citizens, but encompassed any intentional tort to an alien’s person or personal property.

……

Global Corporate Governance: Soft Law and Reputational Accountability

Kevin Jackson
Fordham University
Brook Journal of International Law, Vol. 35, No. 1, p. 42, 2010
In contradistinction to hard law enforcement regimes, emergent civil regulations are connected to the “rule of reputation,” which links accountability to a firm’s reputational capital. Operating internationally and confronted with pressure to self-regulate, the reputation of a global business enterprise has become one of its most valuable intangible assets.

……

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).

……

Directives in EU Legal Systems: Whose Norms are They Anyway?

Julie Dickson
University of Oxford – Faculty of Law
European Law Journal, Vol. 17, No. 2, pp. 190-212, 2011
This article is concerned with whether the concept of a legal systemlong a centrepiece of state-based legal theoriesis a useful conceptual tool in theorising the contemporary EU and its legal relations with its Member States. The focus lies particularly with EU directives, and with what the character and operation of this distinctive type of EU norm can tell us as regards the existence of and relations between legal systems in the EU. I argue for the view that the EU is comprised of distinct but interacting legal systems at EU and national level, and claim that the character and operation of directives supports this view. Throughout the discussion I try to bring the conceptual tools of analytical legal philosophy to bear on puzzles generated by EU law and its relations with national law, in order to show that a sound analysis of aspects of the EU can benefit from abstract legal philosophical reflection, and vice versa.

……

Review of Relationships Between Trade Liberalization and Poverty in Developing Countries

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

The current paper reviews relationships trade liberalization and issues of welfare in developing countries. The structure of WTO is historically reviewed then impacts on developing countries are foresighted. It is concluded that interests on the simple people level can be affected by trade restrictions and barriers. Disparities on income generated from trade are seen. That is obvious in the recent data on the siphoning of surpluses through the ruling elites. That is, especially true in developing countries that refrain from joining the WTO. The stunning news of hundreds of billions in dollars stuffed by certain leaders, dethroned or still ruling reveal unprecedented corruption. The primary aim of the WTO is to enhance trade between countries, globally with a minimization of possible hindrances or obstacles, with especial regard to allow small producers, farmers or herders to have a fair portion of their products. That calls for enforcing transparency parameters on members of the WTO. Moreover, such call for transparency cannot be achieved without democracy, whereas under totalitarian regimes such freedoms of production, justice, equal shares, press freedom and criticism are not feasible. Without application of true democracy, there shall always be crisis in production, civil wars, sabotage and dis-enhancement for small producers to produce.

……

You Have No Sovereignty Where We Gather – Wikileaks and Freedom, Autonomy and Sovereignty in the Cloud

Balázs Bodó
Budapest University of Technology and Economics; Stanford Law School Center for Internet and Society

. . . Being Anonymous in the context of Wikileaks has a double promise: it promises to liberate the subject from the existing power structures, and in the same time it allows the exposure of these structures by opening up a space to confront them. The Wikileaks coerced transparency, however, is nothing more than the extension of the Foucauldian disciplinary power to the very body of state and government. While anonymity removes the individual from existing power relations, the act of surveillance puts her right back to the middle. The ability to place the state under surveillance limits and ultimately renders present day sovereignty obsolete. It can also be argued that it fosters the emergence of a new sovereign in itself. I believe that Wikileaks (or rather, the logic of it) is a new sovereign in the global political/economic sphere. But as it stands now, Wikileakistan shares too much with the powers it wishes to counter. The hidden power structures and the inner workings of these states within the state are exposed by another imperium in imperio, a secretive organization, whose agenda is far from transparent, whose members, resources are unknown, holding back an indefinite amount of information both on itself and on its opponents. I argue that it is not more secretive, one sided transparency which will subvert and negate the control and discipline of secretive, one sided transparency, it is anonymity. The subject’s position of being “a multiplicity that can be numbered and supervised”, its state of living in a “sequestered and observed solitude” (Foucault 1979) can only be subverted if there is a place to hide from surveillance. I argue that maybe less, and not more transparency is the path that leads to the aims of Wikileaks.

……

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

. . . 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. . . .

……

Environment and Development: Friends or Foes in the 21st Century

Paolo Galizzi
Fordham University – School of Law
Alena Herklotz
Fordham University – School of Law
RESEARCH HANDBOOK OF INTERNATIONAL ENVIRONMENTAL LAW, Fitzmaurice, Ong, Merkouris, eds., 2011
Fordham Law Legal Studies Research Paper No. 1748063
This chapter, published in the Research Handbook of International Environmental Law (Fitzmaurice and others eds) explores the complex relationship between environmental protection and the promotion of sustainable development.

……

The Development of International Norms to Enhance Space Security Law in an Asymetric World

P.J. Blount
National Center for Remote Sensing, Air, and Space Law, University of Mississippi School of Law
2009 Proceedings of the International Institute of Space Law, p. 153, 2010
Space security is becoming an increasing important and challenging issue for the international space law. This paper discusses how, in lieu of hard international norms found in the form of treaties, custom, and adjudicatory decisions, soft international law norms are being developed. This is attributable to the emerging organization of space activities in which States have asymmetric interest. To cope with this law is evolving through the development of soft norms both through the international incidents methodology and through the development of political agreements.

……

How the European Legal System Works: Override, Non-Compliance, and Majoritarian Activism in International Regimes

Alec Stone Sweet
Yale University – Yale Law School and Yale Political Science
Thomas L. Brunell
University of Texas at Dallas – Department of Political Science

A striking feature of European integration and governance over the past fifty years has been the crucial role played by the European Court of Justice (ECJ). The ECJ is a Trustee court, rather than a simple Agent of the Member States, with the power to determine the scope of its own authority. In a recent paper, Carrubba et al., having examined the ECJ rulings on some 3,176 legal questions rendered over an 11-year period, claim that the decision-making of the European Court of Justice (ECJ) has been constrained – systematically – by the threat of override on the part of Member State Governments, acting collectively, and the threat of non-compliance on the part of any single State. They also purport to have found strong evidence in favor of Intergovernmentalist, but not Neofunctionalist, integration theory. We undertake original analysis of the same data. We conclusively demonstrate that the threat of override is not credible, and that the legal system is activated, rather than paralyzed, by noncompliance. We also explore what happened when MSG sought to override the Court – they failed – and organize a contest between the rival theories. In a head-to-head showdown, Neofunctionalism wins in a landslide. Finally, the analysis provides statistical support for the view that the ECJ engages in majoritarian activism. When Member States urge the Court to censor a defendant State for noncompliance, the ECJ tends to do so. The conclusion draws out implications of our findings for research on the two other international regimes that exhibit effective judicial review: the World Trade Organization and the European Convention on Human Rights.

……

The Significance of Domestic Environmental Regulatory Regimes in Evaluating Breaches of Minimum Standards of Treatment; Lessons Learned from Glamis Gold v. United States

Jennifer Mullins
Journal of Gender, Social Policy & the Law; American University Washington College of Law
Journal of Arab Arbitration, Vol. 15, p. 21, December 2010
Domestic regulatory regimes are increasingly important in international commercial and investor-state arbitration. Over a year ago, the arbitral tribunal in Glamis Gold v. United States, found that a Canadian mining company doing business in the United States was treated in accordance with minimum standards of treatment in part due to the strong, relatively transparent environmental regulatory regimes in place. This article argues that Latin American countries would benefit from similarly strong regulatory regimes, especially in cases involving the environment, because they offer transparency and cohesion – two elements that counter accusations of arbitrary and unfair treatment. Part II provides a brief background on Chapter Eleven of NAFTA, relevant U.S. regulatory regimes, and the Glamis decision. Part III explores the minimum standards of treatment framework under NAFTA, identifies elements of regulatory Crimes that comply with this framework, and suggests where these are lacking in Latin American regimes. Part IV concludes that Latin American governments should look to the United States as a model for regulation more likely to withstand the scrutiny of alleged violations of minimum standards of treatment in international arbitral tribunals.

……

Re-Introducing Walther Schücking

Christian J. Tams
University of Glasgow, School of Law

Walther Schücking who died seventy-five years ago, in August 1935, was one of most prominent international lawyers of his generation, and yet an outsider among the German legal academic establishment. He was a progressive liberal who placed great trust in the civilising role of international law, and yet, when serving as a World Court judge from 1930-1935, seemed to integrate quickly into what is with some reason regarded as the Court’s most conservative period. A century ago, Schücking addressed fundamental questions that still haunt international lawyers today, and gave answers that were said to be “destined to become the law of the future”, and yet his influence on the codification and progressive development of the ‘international law of the future’ after World War II was negligible. So who was Walther Schücking, and in what respect, if any, is he part of a European Tradition in International Law? The following short piece aims to re-introduce Walther Schücking, and to put the case, seventy-five years after his death, for a renewed engagement with his work.

……

Offsetting and the Consumption of Social Responsibility

Ezra Rosser
American University – Washington College of Law
Washington University Law Review, Vol. 89, 2011
American University, WCL Research Paper No. 2011-07
National Poverty Center, University of Michigan Working Paper No. 2011
This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the leading edge of a rise in consumer options for offsetting externalities associated with consumption. Moving from examples of quasi offsetting to environmental offsetting and the possibility of poverty offset institutions, I argue that offsetting provides a valuable mechanism for individuals to correct for the harms associated with consumption. This article makes two major contributions to how we understand the relationship between consumption and social responsibility. First, it identifies an emerging offsetting phenomenon in seemingly discrete market practices and gives suggestions for improving upon them. Second, it suggests that by taking seriously both consumption and externalities, progress can be made on everything from the environment to global poverty. Offsetting, while not getting at all moral or societal obligations, does root such obligations in the shared activity, and perhaps belief, of Americans: consumption.

……

Exploring the Efficacy of Human Rights Models for Positive Rights: The Case of the Right to Food

Michelle Jurkovich
The George Washington University

Much of the human rights literature assumes that it is analytically useful to think about human rights norms as of the same type. Risse, Ropp, and Sikkink (1999), for example, wrote one of the foundational texts for the human rights literature arguing that they created a model of “human rights change” which mapped the socialization process of “human rights norms” in a way that was “generalizable across cases irrespective of cultural political, or economic differences of the countries” (pp. 3 & 6). Yet the specific human rights campaigns they examined were all of one type – they were all addressing negative human rights. A closer look at the literature reveals that these scholars are not alone in addressing “human rights norms” as of one type. And yet, positive rights, or human rights which require the government to act to solve a social problem (i.e. right to food, right to clean water, right to education) are different in several important ways from negative rights (i.e. asking governments to stop doing something which is infringing on human rights). This paper examines these key analytic differences and explores how well some of our current models (specifically Risse, Ropp, and Sikkink’s “spiral model” and Keck and Sikkink’s (1998) “boomerang model”) might hold up when explaining the trajectory of one specific positive human rights campaign: the right to food. Specifically, this paper will look at three key differences between positive and negative rights which may affect the usefulness of the spiral and boomerang models: the difficulty of assigning blame to “violations” of positive rights, the increased costs of successful state, business, and/or transnational advocacy network (TAN) coordination for problem-solving of positive rights, and the underlying philosophical differences in negative vs. positive rights debates regarding the responsibility and obligations of the government vis-a-vis its people.

……

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

Professor Malcolm N. Shaw QC
University of Leicester, UK

This article analyses the validity of the Palestinian Authority Declaration of February 2009 purporting to accept the jurisdiction of the ICC under article 12 (3) of the Rome Statute, which requires the declarant be a State. After reaffirming that Palestine is currently not a State under public international law, the article examines the arguments claiming that Palestine should be regarded as a State for the purposes of the Rome Statute whether because the Statute should be taken as incorporating non-state entities or on account of the existing jurisdictional capacity of the PA. It is concluded that neither argument is sustainable. No reasonable interpretation of ‘State’ in article 12 (3) in the light of the object and purpose of the Rome Statute can extend that term to include non-State entities of whatever hue, while no acceptable reading of the existing jurisdictional capacity of the PA can encompass anything approximating to the satisfaction of the required criteria. Attempts to stretch the interpretation of article 12 (3) beyond the credible might well have deleterious consequences for the Court.

……

Four Varieties of Social Responsibility: Making Sense of the ‘Sphere of Influence’ and ‘Leverage’ Debate Via the Case of ISO 26000

Stepan Wood
York University, Osgoode Hall Law School; Robert Schuman Centre for Advanced Studies, European University Institute; York University – Institute for Research and Innovation in Sustainability
Osgoode CLPE Research Paper No. 14/2011
One of the key controversies in social responsibility discourse is whether an organization’s responsibility should be based on its capacity to influence other parties or only on its actual contribution to social and environmental outcomes. On one side of the debate are those who argue that the limits of an organization’s responsibility should be defined in terms of its “sphere of influence” (SOI): the greater the influence, the greater the responsibility to act. On the other side are those who reject the SOI approach as ambiguous, misleading, normatively undesirable and prone to strategic manipulation. Foremost among the critics is the United Nations Secretary General’s Special Representative for business and human rights, Professor John Ruggie, who rejects SOI as a basis for defining the boundaries of the business responsibility to respect human rights. The newly published ISO 26000 guidance standard on social responsibility was at the centre of this controversy during its final stages of drafting. This paper examines how the concept of SOI is articulated in ISO 26000 and the extent to which it responds to the concerns identified by critics. It proposes a four-part matrix of “influence-based” responsibility, defined by the intersection of two distinctions that are often elided in SR discourse: the distinction between “influence as impact” and “influence as leverage,” on one hand, and the distinction between negative and positive responsibility, on the other. The paper argues that ISO 26000 avoids the conceptual ambiguity identified by critics by defining SOI exclusively in terms of “leverage”; that it avoids the main operational ambiguity identified by its critics by eschewing the problematic concept of “proximity;” that it embraces all four varieties of social responsibility to varying degrees, repudiating the normative claim that social responsibility is only negative and impact-based; and that it provides at least a partial response to the problem of strategic gaming.

……

Governments, Financial Markets, and International Human Rights: The State’s Role as Shareholder

Salar Ghahramani
Penn State
Yale Journal of International Affairs, Vol. 6, No. 1, pp. 85-95, 2011
The role of state-sponsored entities as participants in the financial markets is often overlooked in the human rights discourse. This paper will examine the role of the state in financial markets not as the lawmaker, regulator, or utilizer of hard power, but as an equity investor of publicly-traded companies. In particular, the study will consider how government organs such as public pension funds and sovereign wealth funds can pursue international human rights objectives and impact international affairs.

……

Rational Treaties: Article II, Congressional-Executive Agreements, and International Bargaining

John Yoo
University of California at Berkeley School of Law
Cornell Law Review, Vol. 97, No. 1, 2011
This paper examines the continuing difference between the Constitution’s Article II treaty, and the congressional-executive agreement’s statutory process, to make international agreements. Rather than approach the problem from a textual or historical perspective, it employs a rational choice model of dispute resolution between nation-states in conditions of weak to little enforcement by supranational institutions. It argues that the choice of a treaty or congressional-executive agreement can make an important difference in overcoming various difficulties in bargaining that arise from imperfect information and commitment problems.

……

International Investment Disputes, Nationality and Corporate Veil: Some Insights from Tokios Tokelés and TSA Spectrum De Argentina

Antoine Martin
University of Surrey
Transnational Dispute Management, Vol. 8, No. 1, February 2011
Article 25 of the International Centre on the Settlement of Investment Dispute Convention limits the jurisdiction of the Centre to legal disputes arising directly out of an investment between a contracting state and a ‘national’ of another contracting state. Treaty protection, that is, is conditioned by the recognition of the ‘foreign’ nature of an investment, by way of either a place of incorporation or a control test. In practice, arbitrators recently had to elaborate on the significance of ‘nationality’ and to establish what constitutes a ‘foreign’ investment. Arbitral tribunals have had to consider cases opposing host-states to their own nationals as well as to foreign investors who allegedly did not have the nationality of the other Contracting Party. This comment compares facts and corporate structures in Tokios Tokelés v. Ukraine and TSA Spectrum v. Argentina Republic as well as the differences in BIT provisions explaining the tribunals’ respective findings. Two questions are also considered. First, does ICSID arbitrators’ jurisdiction encompass lifting the corporate veil in the absence of an explicit authorisation to do so in the Convention? Second, notwithstanding ‘BIT-shopping’ discussions which overall remain policy-oriented, should the real source of authority of the investment be looked for in claims opposing states to their own nationals?

……

Antinomies and Change in International Dispute Settlement: An Exercise in Comparative Procedural Law

Ingo Venzke
New York University School of Law; Max Planck Society for the Advancement of the Sciences – Max Planck Institute for Comparative Public Law and International Law

Institutions for the settlement of international disputes are products of competing interests and aspirations. They testify to rivalling and changing ideas about international order. They bear witness to incremental shifts in the antinomies that underlie their concrete shape. International judicial institutions, specifically their procedural law, respond to conceptions of what international dispute settlement is about, what it is for and what it actually does. While international adjudication could for long plausibly be understood as a sporadic affair concerned rather exclusively with the successful resolution of disputes between immediate parties, the quantitative increase in international adjudicators and in international decisions over the past two decades has gone hand in hand with a shift in quality. International courts and tribunals have developed international norms in their practice, shaping legal regimes and conditioning the legal situation of all those who are subject to the law. The article exposes multiple antinomies and change in the procedural law of key international courts and tribunals in this light. The main task will be the comparative study of recent trends in procedural law in light of legitimatory problems stemming from the systemic effects of international adjudication. Issues of transparency and publicness, third party intervention and amicus curiae submissions, and avenues of judicial review are most significant in this regard. These trends harbour valuable potentials for improvement but also considerable perils. The article concludes with a sketch of the possible future dynamics.

……

International Cooperation: The Key to Space Security

P.J. Blount
National Center for Remote Sensing, Air, and Space Law, University of Mississippi School of Law
2010 Proceedings of the International Institute of Space Law
One of the primary purposes of the Outer Space Treaty and its progeny was to increase international peace and security by creating a secure environment in which States could interact. The agreement itself was meant to enhance international peace and security as envisioned by the Charter of the United Nations, which is one of the primary reasons for the aspirational language found within the Outer Space Treaty. Of course, this treaty was negotiated in a geopolitical context in which two opposing superpowers saw strategic advantage in normalizing interactions in space.  Today, the geopolitical situation has vastly changed from that at the beginning of the space age; however, the law has not. While many view this lack of change in the space law regime as destabilizing, This paper argues that the key to space security law can still be found in the Outer Space Treaty. The concept of international cooperation is at the heart of the Outer Space Treaty’s space security regime, and re-grounding space security law in this concept is vitally important to adapting the law to the changed geopolitical situation. This paper will explore the idea of international cooperation as envisioned in the Outer Space Treaty, and then discuss its implications for the development of space security and its legal regime.

……

In Legal Limbo: Post-Legislative Guidance as a Challenge for European Administrative Law

Joanne Scott
University College London – Faculty of Laws
Common Market Law Review, Vol. 48, No. 2, 2011
Post-legislative guidance is a ubiquitous feature of European environmental law. It serves to elaborate upon the meaning and implications of European framework norms. This paper presents a case study concerning the development of post-legislative guidance. This serves to exemplify the practical effects that guidance may have, the substantive flaws with which it may be imbued, and the procedural shortcomings to which its adoption may give rise. This case study operates in the area of climate change and at the intriguing intersection between national, European and international hard and soft law. The paper also explores the case law of the European courts, explaining why it is that despite the practice of these courts in privileging substance over form in deciding which measures to treat as susceptible to judicial review, guidance documents will nearly always escape their scrutiny. It argues that this case law is premised upon a series of distinctions that operate to obscure the nature and impact of guidance as a governance form. In view of the substantive and procedural shortcomings with which guidance may be imbued, this paper argues that there is a need for enhanced opportunities for European-level judicial review and it considers concretely what this might mean for the case law of the European Court.

……

Women Address the Problems of Peace Agreements

Christine Bell
Transitional Justice Institute, University of Ulster

WOMEN, PEACEMAKING AND CONSTITUTIONS, R. Coomeraswamy & D. Fonseka. New Delhi: Women Unlimited, 2005
Transitional Justice Institute Research Paper No. 11-03
This article discusses the gendered dynamics of peace negotiations and peace processes. I examine the different pre-negotiation, framework and implementation stages of peace processes and the different difficulties for women which arise at each stage. The article sets out strategies for inclusion for women at each stage of a peace process, drawing on Northern Ireland as a case study.

……

Access to Therapeutic Opioids: A Plan of Action for Donors, NGOs, and Governments

Jessica V. Chiu
affiliation not provided to SSRN
Corey S. Davis
Gillings School of Global Public Health; University of Pennsylvania – School of Medicine
Scott Burris
Temple University – James E. Beasley School of Law
Temple International & Comparative Law Journal, Vol. 24, No. 2, 2010
Temple Law School Working Paper Series
Throughout the world, millions of people suffer pain caused by late-stage HIV/AIDS, cancer and other conditions; and millions more suffer the harms associated with addiction to illicit opioids, particularly heroin. Medical best practice recognizes that therapeutic opioids are central to the treatment of severe pain, and indispensible in palliative care. Likewise, long-term pharmacotherapy (referred to here as Medication Assisted Treatment or MAT) is proven to be an effective treatment for opioid dependence; and to significantly reduce the risks of HIV/AIDS and other harms associated with injection drug use. As a result, the World Health Organization (WHO) includes opioid medications that are commonly used to treat both pain and opioid dependence on its list of essential medicines.  Despite widespread recognition that opioid medications are necessary for medical treatment, severe global inequality in access to these medicines persists. . . . A significant driver of access inequality is imbalanced drug policy. In countries throughout the world, restrictive national policies emphasize prevention of drug dependence at the expense of ensuring access to essential opioid medicines. . . . Over the past two decades, an informal coalition of dedicated international non-governmental organizations (NGOs) and United Nations programs have worked with advocates in a number of countries to expand access to therapeutic opioids. In recent years, both state parties to the international drug conventions and the international drug control organs have affirmed their support for access. With broad agreement in theory, all that now stands in the way of large-scale change at the international level is the lack of a unifying vision and a clear, adequately funded action plan. . . .
[W]e argue that moderate international investment can transform the current international consensus for improved therapeutic opioid access into meaningful reform.

……

Translation of Murawwaja Islāmī Baynkārī awr Jamhūr Ulamā kay Mawqaf kā Khulāṣa (A Collective Fatwa Against Islamic Banking)

Shoaib A. Ghias
University of California, Berkeley, School of Law, Jurisprudence and Social Policy Program

Translation of Jāmia Ulūm Islāmiyya, Banūrī Town, “Murawwaja Islāmī Baynkārī awr Jamhūr Ulamā kay Mawqaf kā Khulāṣa.” Bayyināt 71, no. 9 (2008).

……

Stretching Too Far? Developing Countries and the Role of Flexibility Mechanisms Beyond Kyoto

Harro Van Asselt
University of Oxford; VU University Amsterdam
Joyeeta Gupta
Institute for Environmental Studies (IVM)
Stanford Environmental Law Journal, Vol. 28, No. 2, 2009
In light of the recently launched negotiations on the future of the international legal framework addressing global climate change, it is important to understand the effectiveness of elements of proposed legal architectures. This Article focuses on a potential key element of a future climate regime, namely market-based flexibility mechanisms. The current functioning of flexibility mechanisms can be criticized on a number of grounds. In particular, this Article argues that the use of these mechanisms does not sufficiently take into account the interests and circumstances of developing countries. It outlines a range of concerns with respect to the use of flexibility mechanisms in general, and the Clean Development Mechanism (CDM) in particular. It argues that although flexibility mechanisms have certain virtues, they are not necessarily the best means to meet the various objectives and principles of the climate regime. Alleviating these concerns will be a key challenge in broadening participation in a future international climate change agreement. Therefore, the Article presents and discusses a number of suggestions on how to address these concerns in a future climate change treaty, and identifies the challenges in doing so. It concludes that although flexibility mechanisms are likely to remain a part of any future agreement, there are ways to address developing country concerns, in particular through reforming the CDM. However, doing so requires making new tradeoffs. Greater involvement of developing countries in the use of flexibility mechanisms by extending the coverage of international emissions trading to developing countries will require more fundamental changes to the design of the legal architecture of flexibility mechanisms.

……

Privatizing International Law

Paul B. Stephan III
University of Virginia School of Law
The old understanding of international law as something created solely by and for sovereigns is defunct. Today the production and enforcement of international law increasingly depends on private actors, not traditional political authorities. As with other public services that we used to take for granted – schools, prisons, energy utilities and transportation networks – privatization has come to international law.  The tasks of this paper are both positive and normative. It both locates the privatization process within a broader model of law production and uses criteria supplied by that theory to assess its value. It argues that innovation in the production of international law may achieve considerable benefits. Changes in international economics and politics make experimentation imperative. At the same time, some forms of privatization pose considerable risks without corresponding benefits. The question whether international law applies at all to particular conduct is fundamental and has profound consequences. It involves a choice between legal systems, not simply a choice among applicable rules. Privatization that destabilizes the domain of international law, i.e., that makes it less clear where international rules apply, produces high costs that require exceptional justification. In particular, the last portion of the paper traces through a range of areas where the political branches, through statutes, have given different directions as to the application of international law in lawsuits. I argue that courts should follow these directions, not only because of a general obligation to fulfill statutory intent, but because disregard of them will confuse the general issue of when international law applies. Thus the courts should not expand the domain of international law when statutory law indicates otherwise, and should not demur from applying international law where legislation invokes it, no matter what private litigants seek and whether or not courts generally wish to contribute to the development of international law. As simple and straightforward as these propositions may seem, they resolve many pressing current disputes.

……

Peace Agreements or Pieces of Paper: UN Security Council Resolution 1325 and Peace Negotiations and Agreements

Christine Bell
Transitional Justice Institute, University of Ulster
Catherine O’Rourke
Transitional Justice Institute (University of Ulster)
Transitional Justice Institute Research Paper No. 11-0
On the 31 October 2000 UNSC Resolution 1325 was adopted. The resolution provided for a range of measures aimed at the inclusion of women in the prevention, management and resolution of conflict. In particular, several of the resolution’s provisions addressed the role of women and gender in peace negotiations and agreements. This piece examines whether and how Resolution 1325 has impacted on the drafting of peace agreements. We analyse explicit references to women and gender in peace agreements from 1990 to 2010, providing a quantitative and qualitative assessment of the extent to which women and gender are addressed.

……

Implementation as the Best Way to Tackle Corruption: A Study of the UNCAC and the AUC 2003

Antoine Martin
University of Surrey
Surrey Law Working Paper No. 07/2011
Adopted in 2003, the African Union Convention on Preventing and Combating Corruption (AUC), and the United Nations Convention Against Corruption (UNCAC) are the most recent examples of international initiatives aiming at tackling corruption. The adoption of these conventions is an important step in the fight against corruption and this working paper considers to what extent they represent a strong basis for tackling corruption, as well as why strong implementation measures remain essential. Section 1, examines the scope of the two conventions, highlights the lack of a legal definition of corruption as well as strong similarities with regards to the conventions’ objectives, and considers the limits of the means of actions provided by the conventions. Section 2 examines how practical measures such as codes of conduct, asset declarations, social and economic reforms, reliance on the private sector or cooperation, are suitable to tackle corruption. The paper concludes with the argument that strict implementation of existing measures remains the best mean to fight corruption in developing countries.

……

Choosing to Prosecute: Expressive Selection at the International Criminal Court

Margaret M. DeGuzman
Temple University – James E. Beasley School of Law
Temple University Legal Studies Research Paper
The International Criminal Court (ICC) has the mandate to “end impunity” for serious international crimes around the world but the budget to prosecute only a few cases per year. This high degree of selectivity represents one of the greatest threats to the Court’s legitimacy. Every selection decision the Court makes is scrutinized and many have been strongly condemned. States that supported the creation of the Court have become critical and one has threatened to withdraw from the regime. Unlike national courts, which are expected to prosecute most serious crimes, the ICC’s legitimacy rests on perceptions of relevant audiences that it is selecting the “right” crimes and defendants for prosecution. The scholarly and advocacy discourse surrounding the problem of the ICC’s selectivity currently focuses on the role of politics in selections, with critics charging that the prosecutor is improperly influenced by political considerations and the prosecutor protesting that his decisions are apolitical. This Article argues that such debates miss the ICC’s fundamental problem: that its creators failed to endow it with goals and priorities to undergird its choices. In light of this deficiency, current efforts to address the ICC’s selectivity by ensuring good process through independence, impartiality, objectivity, and transparency are bound to fail. Instead, what is needed is sustained dialogue among the ICC’s various constitutive communities about what the institution should be seeking to accomplish. This Article contributes to that process by proposing an expressive theory of ICC selection. While the dominant theories of ICC action – retribution, deterrence, and restorative justice – provide partial justifications for its work, such theories are inadequate as rationales for selection decisions. Instead, the ICC should select crimes and defendants for prosecution according to their ability to maximize its expressive impact. Through a dialogic process of norm expression, reaction, and adjustment, the Court will ideally generate increased consensus around its work over time. If it fails to do so, the ICC’s demise will at least result from the inability of the international community to agree about the Court’s core mission rather than its failure to conceptualize fully an agenda for the institution.

……

The Rule of Law at the Crossroads: Consequences of Targeted Killing of Citizens

Ryan Patrick Alford
Ave Maria School of Law
Utah Law Review, Forthcoming
In December 2010 (in Al-Aulaqi v. Obama) a District Court held that the President’s decision to authorize the targeted killing of American citizen could not be reviewed in any court. The article discusses whether this decision is compatible with the vision of the rule of law embodied in the Constitution and the Bill of Rights, which is illuminated with an explanation of the historical analysis of the key influences on the Framers. It concludes that the Al-Aulaqi decision is a more significant threat to our constitutional order than the indefinite detention enjoined by Hamdi v. Rumsfeld, and accordingly this warrants a vigorous response from the legal profession.

……

No Such Thing as Cosmopolitanism: Field-Dependent Consequences in International Administrative Governance and Criminal Justice

Nicholas Dorn
Erasmus University Rotterdam – Erasmus School of Law
RETHINKING THE LIBERAL PEACE: EXTERNAL MODELS AND LOCAL ALTERNATIVES, Shahrbanou Tadjbakhsh, ed., Abingdon: Routledge, Cass Peacekeeping Series, Forthcoming
Cosmopolitan and communitarian questions formerly posed in relation to wars between democracies (the core tradition of the Liberal Peace literature) have been supplemented by questions about democracies that go to war on non-democracies or intervene in regional conflict situations – and by questions about what happens next, in terms of stabilisation, democratisation and development. The claim made here is that the consequences for post-conflict states differ between, on the one hand, cosmopolitan involvement in international administrative measures of governance and, on the other hand, cosmopolitan involvement in the creation of international criminal tribunals. When cosmopolitan impulses are articulated as an aspect of international administrative governance, as in Bosnia and Herzegovina, a form of ‘administrative cosmopolitanism’ is produced, the unintended consequences of which include state in-capacitating and de-democratisation. By contrast, international criminal tribunals have a smaller political footprint upon transitional societies, thus the consequences of ‘legal cosmopolitism’ for democracy and human rights may on balance be positive, or at least not negative. This chapter argues for cosmopolitan discourses and practices to be evaluated not in terms of any essential quality but in terms of contexts; not in terms of intentions but in terms of effects; and not in terms in terms of the moral pedagogics and legal powers to which transitional populations are subjected, but rather in terms of the extant to which cosmopolitan forces hold themselves subject to law. This chapter is in part II of Shahrbanou Tadjbakhsh’s edited book. The book as a whole presents a critical analysis of the liberal peace project and offers possible alternatives and models. In the past decade, the model used for reconstructing societies after conflicts has been based on liberal assumptions about the pacifiying effects of ‘open markets’ and ‘open societies’. . . .

……

Supervised Independence and Post-Conflict Sovereignty: The Dynamics of Hybridity in Kosovo’s New Constitutional Court

Steven Hill
Johns Hopkins University, Hopkins-Nanjing Center
Paul Linden-Retek
Yale University – Law School

This Essay uses the conceptual framework of hybridity to analyze the early experience of the Constitutional Court of the Republic of Kosovo. While recognizing the difficulties in ensuring an effective form of hybridity and the legitimate integration of international standards into domestic law, this Essay aims to show that the new example of Kosovo’s Constitutional Court — and the engagement of the International Civilian Office as part of the Comprehensive Proposal for the Kosovo Status Settlement (CSP) arrangement — offers useful instruction on how international institutions can serve to consolidate, rather than undermine, democratic legitimacy in post-conflict contexts. Drawing on insights from both local and international actors involved in designing and establishing the Constitutional Court, this Essay re-examines the potential to reach beyond the international-national dichotomy and to understand the foundations of sustainable and legitimate capacity-building in the implementation of hybrid arrangements.

……

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.

……

The Cancún Climate Conference

Elizabeth Burleson
Florida State University College of Law; London School of Economics
Cesare P.R. Romano
Loyola Law School Los Angeles
Insights, Vol. 15, No. 41, January 21, 2011
FSU College of Law Public Law Research Paper
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation’s multilateral facilitation role.

……

Global Governance and Democratization within and Beyond Borders: The Role of an Inclusive International Civil Society in Post-Conflict States

Jerry Pubantz
University of North Carolina (UNC) at Greensboro

Historically, implementing democracy has been a domestic concern. Recent events in Egypt, Tunisia, Yemen, Bahrain, and Iran reflect variations of the traditional pattern for democratic change within a closed society. Yet, as the world edges into the 21st century, democratization with the companion promotion of human rights and development, particularly in what are often perceived to be deteriorating, post-conflict, or failed states, has become a central activity of the international community, heavily dominated by intergovernmental organizations (IGOs) and international civil society (ICS).

……

How the Third World Sees Constitutionalism in International Law?

Prabhakar Singh
Jindal Global Law School (JGLS)
Jindal Global Legal Research Paper No. 1/2011
Contemporary International law/relations scholarship typifies three approaches: constitutional, global administrative and pluralist. Constitutional vocabularies have been used to address the United Nations (UN) Charter, the WTO, and the European Union (EU). Today’s diverse legal regimes arguably present harmonisational problems within international law’s monism-dualism ideology. With EU’s increasing assertion as a normatively strong dualist laboratory, new scholarship is replacing constitutionalism by – as I like to call it – dualism plus as the preferred but defensive ideology. Consequently, international constitutionalism’s definition now stands upside down. Both international and constitutional law are colonial gifts. In the World Trade Organisation’s (WTO) India-Quantitative Restriction Case, India – this observation can be extended for the Third World in general – was seen to be slightly obsessed with a constitutional imagery. After the European Court of Justice’s (ECJ) Kadi judgement, pluralism and constitutionalism stand in opposite camps. Understandably, the issues involved defy conclusion and constitutionalism as an ideology remains, as is often the case, an inconclusive question for an eternally observing Third World.

……

Protecting Expressions of Folklore within the Right to Culture in Africa

Enyinna Sodienye Nwauche, LL.M.
Rivers State University of Science and Technology (RSUST) – Faculty of Law
Potchefstroom Electronic Law Journal, Vol. 13, No. 4, 2010
This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.

……

The Dispute Over Pinnacle Islands (Senkaku/Diaoyu) – A Legal Analysis (A Disputa Pelo Arquipélago Do Pináculo (Senkaku/Diaoyu) Uma Análise Jurídica) (in Portuguese)

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

In this article, I propose an analysis of the dispute concerning the Pinnacle Islands (Senkaku/Diaoyu). These Islands are claimed by China and Japan and have recently caused controversy when a Chinese fishing vessel was intercepted by the Japanese navy and its captains put in captivity. I will first start with a short history of the situation, given that the main arguments used by the contestant parties are historical. I will then focus on the legal arguments used by both parties and conclude that Japanese arguments seem to be stronger than Chinese. After that I will analyse the advantages that the control over these Islands give to the country that controls them. I will finish with an analysis of the legal instruments these two countries may use to resolve this dispute, concluding that negotiation would be the one that guarantees more advantages to both sides.

……

U.S. Anti-Suit Injunctions in Support of International Arbitration: Five Questions American Courts Ask

Chetan Phull
University College London – Faculty of Laws; Queen’s University – Faculty of Law
Journal of International Arbitration, Vol. 28, No. 1, pp. 21-50, 2011
International arbitration is an increasingly popular dispute resolution mechanism, however, the threat of foreign court intervention unremittingly remains. It is therefore important for a party seeking to enforce an arbitration agreement to know which jurisdictions are most amenable to protecting arbitration agreements, and what courts in these jurisdictions consider material in deciding whether to issue an anti-suit injunction (ASI) against the party seeking to sidestep arbitration through a foreign court order. In the United States, courts in certain jurisdictions in particular have shown a willingness to protect arbitration agreements through ASIs, in the presence of certain factors. The author has uncovered five fact-specific questions from the case law produced by these courts that are material to the courts’ issuance of ASIs. In the abstract, the questions consider: actual refusal to arbitrate and parallel foreign litigation; recognition and enforcement of an arbitration award enjoined by a “competent authority” under the New York Convention; the res judicata effect of U.S. judgments; the strong public policy in favor of arbitration; and bad faith by the party seeking to hinder arbitration. The additional element of whether an ASI to enforce an arbitration agreement is requested from an offensive versus defensive position is also considered in the discussion of the five questions.

……

Intolerable Abuses: Rendition for Torture and the State Secrets Privilege

D. A. Jeremy Telman
Valparaiso University School of Law
Valparaiso University Legal Studies Research Paper
In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, issued a 6–5 opinion dismissing a complaint brought by five men claiming to have been victims of the U.S. government’s extraordinary rendition program, alleged to involve international kidnapping and torture at foreign facilities. Procedurally required to accept plaintiffs’ allegations as true, the court nonetheless dismissed the complaint before discovery had begun based on the state secrets privilege and the Totten doctrine, finding that the very subject matter of plaintiffs’ complaint is a state secret and that the defendant corporation could not defend itself without evidence subject to the privilege. This Article contends that courts should almost never dismiss suits based on the state secrets privilege and should never do so in a case like Jeppesen Dataplan, in which plaintiffs did not need discovery to make out their prima facie case alleging torts by the government or its contractors. While much has been written on the state secrets privilege since 9/11, this Article focuses on the role of the Totten doctrine in transforming the state secrets privilege into something like a government immunity doctrine. . . . While the Article thus offers fundamental critiques of both the Totten doctrine and the state secrets privilege, it does not advocate disclosure of state secrets. Rather, in a concluding section, the Article draws on federal statutory schemes relating to the introduction of classified information in trials and offers numerous alternatives to judgment in favor of the government and its contractors before discovery has begun in cases implicating state secrets. Congress has repeatedly empowered courts to make decisions that protect government secrecy while facilitating limited access to secret information when necessary in the interests of justice and open government. In some cases, the government’s inability to defend itself may necessitate the socialization of the costs associated with national security secrets, but that result is preferable to forcing plaintiffs to bear all the costs of government secrecy.

……

Copenhagen Summit – The Legal Implications

Janani Shankar
NALSAR University of Law

The paper deals with the evolution of the international environmental treaty law in the context of climate change. It also brings to light the success and failures of world cooperation in the field of environment. One of the highlights of this piece is the critical analysis of the text of the Copenhagen Accord which was drafted during the recently concluded climate change talks in Denmark. The author feels that though the outcomes of the conference of Parties last year did not result in any significant addition to the preceding treaties, it could form the basis for a legally binding deal at the next COP summit which is to take place in Mexico. One of the major arguments put forth in the paper is that concrete results can be achieved not by successful legal agreements but through change in the way people view the environment. The paper begins by explaining the role played by The United Nations as a quasi legislative body in addressing and formulating laws in the international community. It focuses on the legal order of the United Nations. Then it moves ahead and evaluates the 2 major treaties negotiated by the United Nations, the United Nations Framework Convention on Climate Change (UNFCCC) 1992 and the Kyoto Protocol, 1997. It presents the various issues which arose before the UN international forum during the negotiation of these treaties. Then it examines where the Copenhagen deliberations figure in the overall picture of the climate change battle and also critically analyses the text of the Copenhagen Accord, finally the author gives some suggestions as to how the work of these treaties can be made more useful and concludes with a reminder that only an internal change can bring about a meaningful difference.

……

The Legality Principle in Sentencing at the ECCC: Making Up Law as it Goes Along

Mark D. Kielsgard
City University Hong Kong
Asian Journal of International Law, Forthcoming
Sui generis hybrid international criminal tribunals must conduct business without institutional memory and are only as effective or fair as their constitutive documents allow. The sparse guidance provided for the international crimes court in Cambodia creates uncertainty and arguably ambiguous standards that infringe upon the legality principle and undermine efforts for nulla poena sine lege.

……

Preventive Detention in the Law of Armed Conflict: Throwing Away the Key?

Diane Webber
affiliation not provided to SSRN
Journal of National Security Law and Policy, Forthcoming
Nine years after 9/11, the “clear legal framework for handling alleged terrorists” promised by President Obama in 2009 is still undeveloped and “the country continues to hold suspects indefinitely, with no congressionally approved mechanism for regular judicial review.” Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest and trial? Or should they be treated as though they were involved in an armed conflict, which would involve detention and trial in accordance with a completely different set of rules and procedures? Neither model is a perfect fit to deal with twenty-first century terrorism. This paper reviews the framework to detain suspected terrorists preventively under the law of armed conflict together with legislation proposed by Senator Lindsey Graham and a prospective Executive Order on detention. The paper concludes that the law relating to detention is still unclear, with many unanswered questions and the current law of armed conflict, even if it were amended by the proposed draft legislation, does not provide an adequate blueprint to deal with current and future detention challenges.

……

A Coordinated Judicial Response to Counter-Terrorism?: Counter-Examples

Rayner Thwaites
Victoria University of Wellington
MAPPING TRANSATLANTIC SECURITY RELATIONS: THE EU, CANADA, AND THE WAR ON TERROR, Mark B. Salter, ed., Routledge, 2010
The chapter assesses Eyal Benvenisti’s claim that courts from prominent democratic states have reacted consistently to counter-terrorism measures, coordinating outcomes across national jurisdictions. This claim is conjoined with another, namely that the availability of identical or similar norms (grounded in international law and human rights law) has facilitated this coordination effort. The chapter criticises the suggested phenomena of a ‘globally coordinated move’ on the part of ‘national courts from prominent democratic states’ by way of counter-examples. The counter-examples are drawn from cases that are enlisted by Benvenisti as examples of this inter-judicial coordination effort, namely the Supreme Court of Canada’s 2007 decision in Charkaoui and the House of Lords 2004 Belmarsh decision (A v. Secretary of State for the Home Department). The relationship of Charkaoui to the English and American decisions in Hardial Singh and Zadvydas is also assessed. The argument is that key instances of reliance on comparative authority and international human rights law in Charkaoui (including claims of compatibility with Belmarsh), while not simply decorative, do not maintain the level of consistency between the national courts needed to support claims of an ‘inter-judicial coordination effort’ in response to state counter-terrorism measures.

……

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

Patricia Salkin
Albany Law School
John R. Nolon
Pace University – School of Law
Planning and Environmental Law, Vol. 63, p. 3, March 2011
This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.

……

Private Law 2.0: On the Role of Private Actors in a Post-National Society

Jan M. Smits
Maastricht University Faculty of Law – Maastricht European Private Law Institute (M-EPLI); University of Helsinki – Center of Excellence in Foundations of European Law and Polity
Hague Institute for the Internationalisation of Law and Eleven International Publishing, 2011
Maastricht Faculty of Law
This paper – delivered as the author’s inaugural lecture on the 2010-2011 Maastricht-HiiL Chair on the Internationalisation of Law and therefore directed towards a general audience – challenges the prevailing paradigm that people’s rights and obligations are primarily set by national law. The State monopoly in setting the law is rapidly being replaced by a multitude of new lawmakers that do not only include European and supranational institutions, but also private organisations. This phenomenon leads to the normative question how to deal with this emerging post-national private law. The approach chosen in this lecture is a functional one: the idea of codification is unpacked in terms of its functions. This means that it is established to what extent the functions that national codification of private law had in the past can be met in a different way in the future. To this end, attention is also paid to the role of legislators, private actors and law professors.

……

Non-State Actors in International Criminal Law

Cassandra Steer
University of Amsterdam; Cornell University – School of Law
NON-STATE PARTICIPANTS IN THE INTERNATIONAL LEGAL ORDER, Jean d’Aspremont, ed., Routledge, Oxford, Spring 2011
The process by which the normative content of international criminal law is formed is essentially an ad-hoc process of comparative law in action. Because of the nascence and rudimentary nature of this branch of international law, much is left unclear in the statutes of international tribunals. Applicable treaties deal with some aspects of the crimes but leave much of the criminal law doctrine up to individual participants in the process of law-making. What results is an inevitable divergence in the understanding, development and application of some normative notions such as modes of responsibility. Individual participants (judges, lawyers, academic commentators) apply notions from the domestic systems they are familiar with, and diverging views of the law ensue. This borrowing from domestic systems can contribute to the formation of the normative content of international criminal law – in fact it has always done so – however the critique I have is that the selection and application can be arbitrary and threaten due process concerns, which are paramount in any criminal justice system. The solution I propose is to consciously apply (and perhaps require) a comparative law methodology as a kind of minimum restraint on this process.

……

An Evaluation of Financial Action Task Force Recommendation 6 as a Measure to Combat Corruption

Fredrick Oduol Oduor
Deakin University

International political corruption has been a major problem historically and continues to be a fundamental problem with regard to financial crime. The advent of the internet and technological development has further played an ambivalent role in fueling the problem. Some individuals within proximity to state coffers have often turned out to be kleptomaniacs in relation to accessing public funds directly or indirectly for personal benefit. This discourse analyses recommendation 6 of the Financial Action Task Force (FATF) as a measure to combat corruption. The measure attempts to categorise such ‘potential kleptomaniacs’ as PEP’s (Politically Exposed Persons). In particular the paper extrapolates on the logic behind such categorisation and further highlights the politics, economics, merits, demerits and loopholes inherent in recommendation 6.

……

The Meta-Regulation of Transnational Private Regulation

Jacco Bomhoff
London School of Economics – Law Department; Leiden University – Leiden Law School
Anne Meuwese
Tilburg University
Journal of Law and Society, Vol. 38, Issue 1, pp. 138-162, 2011
This article starts from the assertion that Transnational Private Regulatory Regimes (TPRERs) construct relationships of recognition with the plurality of public and private normative orders and actors that surround them. We argue that the strategies and norms adopted to manage these relationships are reflexive responses to competing legitimacy demands and to issues of regulatory conflict and that they have a meta-regulatory character. More specifically, we explore two disciplines and professional fields, Better Regulation (BR) and Private International Law (PIT), as direct sources of meta-norms and as more indirect sources of inspiration for meta-regulatory strategies. Building on literature that has cast transnational governance and conflict of laws thinking as abstract repositories of potentially useful meta-regulatory ideas, we explore the actual potential for and limitations of the migration of disciplinary practices and perspectives in the context of TPR.

……

Challenges and Opportunities in U.S. Immigrant Detention Policy Reform: Addressing the Need for Legally Enforceable Standards to Protect Human Rights

Jose Villalobos
University of Texas at El Paso
Western Political Science Association 2011 Annual Meeting Paper
In recent years, immigrant rights advocates have criticized certain policies of the U.S. Immigration and Custom Enforcement (ICE) system of immigration detention, including the widespread use of private contractors, the lack of proper oversight, the grouping of violent criminals and non-violent undocumented immigrants (particularly minority women and children) in holding cells, and the neglect of detained immigrants in need of medical attention. In reviewing these developments, I contend that the Obama administration must take more substantive steps towards reforming the existing system, particularly by instituting legally enforceable standards with penalties for performance failures, moving away from private contractors, and applying effective rulemaking for better long-term management and monitoring of U.S. detention facilities.

……

Questioning the Preemptory Status of the Prohibition of the Use of Force

James A. Green

It is incontrovertible that the prohibition of the unilateral use of force is a fundamental aspect of the United Nations (U.N.) era system for governing the relations between states. Given this fact, the prohibition, as set out most crucially in Article 2(4) of the U.N. Charter, is often seen as the archetypal example of a jus cogens norm (a “peremptory norm” of general international law).  Certainly, an overwhelming majority of scholars view the prohibition as having a peremptory character. Similarly, the International Law Commission (ILC) has taken this view and it is arguable that the International Court of Justice (ICJ) has also done so. Indeed, one judge of the ICJ stated in an individual opinion that “[t]he prohibition of the use of force. . . . is universally recognized as a

jus cogens principle, a peremptory norm from which no derogation is permitted.” This Article questions this widely held view: Is the prohibition of the use of force in fact a jus cogens norm?

It should be stressed at the outset that the position taken here is not necessarily that the prohibition is a norm that has failed to achieve peremptory status. Instead, it is argued that there are significant difficulties with such a conclusion and that, as a result, the widespread uncritical acceptance of the prohibition as a jus cogens norm is concerning. The aim of this Article is to test the prohibition against the criteria for the establishment of peremptory status, and to then critically examine the various problems that become apparent when one does so.

……

Global Warring and the Permanent Dry: How Heat Threatens Human Security in a Warmer World

Jennifer Marlow
University of Washington – School of Law; Three Degrees Project
Jennifer Krencicki Barcelos
University of Washington – School of Law; Three Degrees Project
Seattle Journal of Environmental Law, Vol. 1, 2011
This essay will attempt to correct the oversimplification of climate justice as a crisis culminating in waves of climate refugees. Instead, we focus on how heat increases vulnerability of cultures, institutions, lifestyles, occupations, human rights, and community viability due to both rising global average temperatures and the resulting destabilizing societal consequences of inequity in a warmer world. It will illuminate the ways in which heat is the biggest climate-driven threat to global human security, particularly in non-island regions and states where social stability and improved development hold tremendous geopolitical importance. The essay will then discuss ways in which current legal and political responses are inadequately prepared to handle heat vulnerability. We propose that human security should become a central factor in new institutions being conceived around climate-induced social and political issues, ranging from crop failure to, in a worst-case scenario, voluntary or forced climate-induced displacement.

……

An Environmental Justice Framework for Indigenous Tourism

Kyle Powys Whyte
Michigan State University – Department of Philosophy
Journal of Environmental Philosophy, Vol. 7, No. 2, pp. 75-92, 2010
Environmental tourism is a growing practice in indigenous communities worldwide. As members of indigenous communities, what environmental justice framework should we use to evaluate these practices? I argue that, while some of the most relevant and commonly discussed norms are fair compensation and participative justice, we should also follow Robert Figueroa’s claim that “recognition justice” is relevant for environmental justice. I claim that from Figueroa’s analysis there is a “norm of direct participation,” which requires all environmental tourism practices to feature a forum for meaningful representation and consideration. This claim motivates a distinction between practices that should be termed “mutually advantageous exploitation” and those that should be termed “environmental coalition development.” We need to ask ourselves whether we should continue to tolerate mutually advantageous exploitation and how we can increase the number of practices that develop coalitions.

……

The Mutual Push and Pull of Environment and Sovereignty: A Review

Vito De Lucia
Faculty of Law, University of Tromsø
ENVIRONMENT EDUCATION: GLOBAL ISSUES AND POLICIES: VOLUME II, S. D. Banik and S. K. Basu, eds.,New Delhi, A.P.H. Publishing Corporation, 2009
The mounting pressure of transboundary environmental issues (regional, inter-regional, global) has led to the realization of the fundamental interdependence of States. Many observers have begun to talk of a process of erosion of sovereignty, and of the porosity of territory and of the fragility of territorial integrity as regards environmental phenomena such as air and water pollution. While sovereignty is still the founding principle of interstate relations, and while State consent still forms the basis of international legal obligations, the substance of many facets of the international order shows a less monolithic picture. Following Liftin (1998) this article will unbundle the concept into its components, in order to discern which is affected and how. Selected principles of international environmental law are be reviewed, so as to show whether and to which extent sovereignty is compatible with the rights and obligations arising under international environmental law, and how such obligations are compressing and limiting sovereignty. Finally, the two Polar regimes are briefly reviewed and compared, in order to highlight their differences and see whether and to which extent sovereign rights have influenced those differences. Brief conclusions are then be drawn.

……

Respect for Nature: The Capabilities Approach

Thom Brooks
Newcastle University – Newcastle Law School
Ethics, Policy and Environment (forthcoming)
In “Respect for Everything,” David Schmidtz offers powerful arguments in favor of a respect for nature over species egalitarianism. While I accept much of his account, I argue that his understanding of respect may be too thin to perform its proper task. Instead, our use of respect should be grounded in the capabilities approach. This approach offers us a more substantive perspective through which we might best conceive respect. I will begin with an outline of the main argument in favour of respect for nature (and against species egalitarianism). The discussion will then close with how we might better understand respect.

……

Foreign Citizens in Transnational Class Actions

Jay Tidmarsh
Notre Dame Law School
Linda Sandstrom Simard
Suffolk University Law School
Cornell Law Review, No. 97, 2012
Notre Dame Legal Studies Paper No. 10-11
Suffolk University Law School Research Paper No. 11-10
This Article addresses an increasingly important question: When, if ever, should foreign citizens be included as members of an American class action? The existing consensus holds that courts should exclude from class membership those foreign citizens whose country does not recognize an American class judgment. Our analysis begins by establishing that this consensus is flawed. Rather, to minimize the costs associated with relitigation in a foreign forum, we must distinguish between foreign claimants who are likely to commence a subsequent foreign proceeding from those who are unlikely to do so; distinguishing between those who come from recognizing and nonrecognizing countries creates needless inefficiency. Using standard tools of economic analysis, we examine the benefits and costs of the consensus rule and compare them to the costs and benefits of other possible rules. In this comparison, the consensus rule tends to perform poorly. As a matter of theory, the most efficient rule for deciding which foreign citizens to include and exclude is evident, but real-world informational constraints frustrate the application of this rule in practice. Because no rule regarding the inclusion and exclusion of foreign citizens is the most efficient in all situations, we propose that courts use rebuttable presumptions: include foreign citizens with claims that are not individually viable and exclude foreign citizens with claims that are viable.

……

Political Institutions and Judicial Role in Comparative Constitutional Law

David Landau
Florida State University – College of Law
Harvard International Law Journal, Vol. 51, No. 2, 2010
Comparative constitutional law scholarship has largely ignored political institutions. It has therefore failed to realize that radical differences in the configuration of political institutions should bear upon the way courts do their jobs. This paper develops a comparative theory of judicial role that focuses on broad differences in political context, and particularly in party systems, across countries. I use the jurisprudence of the Colombian Constitutional Court (supplemented by briefer studies of the Hungarian and South African Constitutional Courts) to demonstrate how differences in political institutions should impact judicial role. Because Colombian parties are unstable and poorly tied to civil society, the Colombian Congress has difficulty initiating policy, monitoring the enforcement of policy, and checking presidential power. The Court has responded by taking many of these functions into its own hands. I argue that the Court’s actions are sensible given Colombia’s institutional context, even though virtually all existing theories of judicial role in American and comparative public law would find this kind of legislative-substitution inappropriate. Existing theories rest upon assumptions about political institutions that do not hold true in much of the developing world. The American focus on the anti-democratic nature of judicial action assumes a robust constitutional culture outside the courts and a legislature which does a decent job representing popular will – both assumptions tend to be false in newer democracies. The case studies demonstrate that comparative public law scholars must be attentive to political context in order to build tools suitable for evaluating the work of courts outside the United States.

……

Protecting Traditional Knowledge – Does Secrecy Offer a Solution?

Lee-ann Tong
University of Cape Town (UCT)
Potchefstroom Electronic Law Journal, Vol. 13, No. 4, 2010
The shortcomings of using the intellectual property system to safeguard the interests of traditional knowledge holders have received considerable attention. Laws that guard against the disclosure of secret traditional knowledge to non-community members may offer a low-cost and accessible way for traditional communities to prevent the misappropriation of their traditional knowledge. This paper reviews the concerns that may arise when holders of traditional knowledge attempt to rely on claiming unfair competition and contract laws to protect their traditional knowledge.

……

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.

……

Why Law Matters: Corporate Social Irresponsibility and the Futility of Voluntary Climate Change Mitigation

Beate Sjåfjell
Department of Private Law – Faculty of Law, University of Oslo
European Company Law, Vol. 8, No. 2, 2011
University of Oslo Faculty of Law Research Paper No. 2011-04
Corporate Social Responsibility (CSR) encompasses an enormous complexity of debate and private and public initiatives. This article deals with one section of the debate, with the definition of CSR commonly accepted by business and legislators as the starting point.  CSR in a sustainable development perspective could be seen as dealing with and bringing together two inter-related issues: firstly, legal compliance and secondly, the company’s responsibility for going beyond such compliance, with the legal rules forming the floor and the voluntary part of CSR being a striving beyond that – a race to the top. In that sense CSR would encompass and form a bridge between hard law, soft law and ethical obligations. . . . However, the business lobbyists have captured the CSR concept and ensured that the definition legislators subscribe to is that of CSR as a voluntary activity. The business message may be said to be: ‘Do not legislate us, and we are willing to talk about how we behave’. This is not meant to ignore that good is done in the name of CSR. And certainly the CSR movement has led to or been a part of a process where no business leader with respect for herself will claim that her company disregards CSR. However, as this article will argue, defining CSR through delimitation against legal obligations is deceptive and detrimental to the development of a sustainably and socially responsible business and has contributed to giving CSR a bad name.  This article goes on to address several of the problems associated with this voluntary CSR concept, forming an argument to show why law matters, and specifically why company law has to be involved in addressing the necessity of getting companies to contribute to climate change mitigation. The article concludes with some reflections on the CSR contribution to a truly responsible business debate.

……

Harmonization of European Civil Procedure – Policy Perspectives

Gerhard Wagner
University of Bonn; Erasmus School of Law; University of Chicago Law School
European Civil Procedure is a rapidly growing field, judged by the numbers of directives and regulations churned out by the European Commission over the past decade. However, the practical impact of legislative acts passed under the powers of Art. 81 TFEU remains very limited. These measures of “horizontal harmonization” create uniform rules for disputes of any kind, yet they remain confined to cross-border cases. As the Commission moved beyond the issues of international jurisdiction and enforcement of foreign judgments, it placed European institutions alongside the national ones, which continued to govern domestic disputes. This results in duplicative sets of procedural rules which place a heavy burden on the judges who have to work with them. Another thread of European legislation does not bear the label of civil procedure at all, but purports to harmonize the domestic system of law enforcement and protection of subjective rights in selected substantive areas, such as intellectual property rights, competition law, and consumer law. Such measures of “vertical harmonization” remain confined to specific kinds of disputes, but they apply regardless of whether the dispute is international or domestic. In doing so, their practical impact is much greater than the one of horizontal measures. For European lawmakers, it is essential to keep in mind that the policies of law enforcement and protection of property rights deeply involve principles of civil procedure and that account must be made for this in drafting pertinent legislation.

……

EU Regulatory Approaches to Cross-Border Mergers: Exercising the Right of Establishment

Thomas Papadopoulos
University of Oxford
European Law Review, No. 1, pp. 71-97, 2011
This article will discuss Union regulatory approaches to cross-border mergers in the light of the fundamental freedom of establishment (Art.49 TFEU). The aim of this article is to explore the dynamics and the impact on the internal market of the multi-faceted interaction between the secondary Community legislation and the ECJ’s case law on cross-border mergers. It is argued that only a thorough understanding of this interaction could reveal the benefits of the internal market at the area of cross-border mergers. The conduct of a cross-border merger falls within the protective scope of the freedom of establishment (SEVIC ruling). Moreover, Cross-border Mergers are regulated by the Cross-Border Mergers Directive and by the European Company Statute (SE Statute). Emphasis will be given to the relationship between the ECJ’s case law and these Community regulatory measures. The relationship between the SE Statute and the Cross-Border Mergers Directive will also be analysed. The importance of the Cross-border Mergers Directive lies in the procedural rules which were established. In this way, companies will be truly facilitated as regards exercising their right of establishment.

……

ECJ Advocate General Rejects EU Patent Litigation Scheme

Enrico Bonadio
City University London; The City Law School of City University London
Journal of Intellectual Property Law & Practice, Vol. 5, No. 12, p. 826, 2010
Opinion 1/09 of the Advocate General, Juliane Kokott, 2 July 2010. The Advocate General of the Court of Justice of the European Union (ECJ) has found that the EU centralized patent litigation system recently proposed by the Council of the European Union does not comply with EU law. In her opinion, among the various incompatibilities, she stressed that the proposed linguistic system would violate the rights of defence. This opinion constitutes a blow to the efforts to finally reach the long-awaited EU patent litigation scheme (as envisaged in the Draft Agreement on the European and Community Patents Court). This blow will be even stronger, should the ECJ confirm her opinion.

……

When Foreigners Infringe Patents: An Empirical Look at the Involvement of Foreign Defendants in Patent Litigation in the U.S.

Marketa Trimble
University of Nevada, Las Vegas – William S. Boyd School of Law
Santa Clara Computer and High Technology Law Journal, Vol. 27, No. 3, 2011
UNLV William S. Boyd School of Law Legal Studies Research Paper
This paper presents results from a multiple-year project concerned with the involvement of foreign (non-U.S.) entities in U.S. patent litigation. A comparison of data from 2004 and 2009 that cover 5,407 patent cases filed in U.S. federal district courts in those two years evidences an increase in the number of cases involving foreign defendants, and thus an increasing potential for cross-border enforcement problems. With this basic finding the research supports the proposition advanced by a number of intellectual property scholars in the U.S. and abroad that rules need to be established to facilitate a smooth process for recognition and enforcement of foreign judgments in intellectual property cases. The research fills a significant gap in the existing literature, which has relied so far on only isolated individual cases to illustrate cross-border enforcement problems; comprehensive empirical evidence has not existed to show a growing need for improved rules for recognition and enforcement. In addition to providing this missing evidence the paper uses data concerning the involvement of foreign defendants to reveal remarkable facts about the changing landscape of patent litigation in the U.S.

……

Colonialism and Islamic Law

Ebrahim Moosa
Duke University – Department of Religion
ISLAM AND MODERNITY: KEY ISSUES AND DEBATES, pp. 158-181, Muhammad Khalid Masud, Armando Salvatore, Martin Van Bruinessen, eds., Edinburgh University Press, 2009
Islamic law and its encounters with colonialism.

……

Property Rights and Traditional Knowledge

John T. Cross
University of Louisville – Louis D. Brandeis School of Law
Potchefstroom Electronic Law Journal, Vol. 13, No. 4, 2010
For the past several decades, there has been a push to provide some sort of right akin to an intellectual property right in traditional knowledge and traditional cultural expression. This push has encountered staunch resistance from a number of different quarters. Many of the objections are practical. However, underlying these practical concerns is a core philosophical concern. A system of traditional knowledge rights, this argument suggests, simply does not satisfy the basic rationale for granting property rights in intangibles like inventions and expressive works. Intellectual property is meant to encourage innovation and creative activity. Most traditional knowledge, by contrast, is not innovative, at least in the same sense as the inventions and works that qualify for patents and copyrights. At present, the “anti-property” camp seems to have the better of the argument, as even the World Intellectual Property Organisation has abandoned the notion of true property rights. This article seeks to refute this philosophical objection to a property model for traditional knowledge. It argues that the classic philosophical argument justifying intellectual “property” namely, that property rights are justified only as a way to spur innovation and other creative activity is incorrect in two ways. First, the argument misstates the main goal of an intellectual property system. While intellectual property may serve as an incentive for innovation, society’s primary concern is not the innovation per se, but instead the dissemination of knowledge. Second, there may be policy reasons other than the development of knowledge that can justify intellectual property-like rights. . . .

……

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
Virginia Law Review, Vol. 97, No. 5, September 2011
Although patent rights confer substantial market control within their territorial scope, globalization is increasingly threatening the value of patent protection. Under the current regime, innovators who enter the global marketplace must obtain patent protection in each jurisdiction where they hope to market their product, and they must litigate infringement claims separately in each of those states. The prohibitive cost of this regime has led many scholars and intellectual property law officials to call for a global patent enforcement treaty, but, despite years of negotiations, all efforts to draft such an agreement have failed.
This Note examines the role that U.S. courts may play in promoting a global patent enforcement treaty. Drawing on an emerging line of statutory interpretation scholarship that encourages courts to rely on default rules that will promote desirable political action, it examines the two primary sources of judicial power in international patent law: extraterritorial application of the Patent Act and supplemental jurisdiction over foreign patent infringement claims. After concluding that a treaty-eliciting interpretive rule is appropriate in the context of a global patent enforcement treaty, the Note contends that a presumption in favor of extraterritoriality for the Patent Act is the more efficient way to provoke discord among the major economic powers and prod the international community to address the needs of innovators in the global economy.

……

Water in Gaza: Problems and Prospects

Clemens Messerschmid
affiliation not provided to SSRN
Birzeit University Working Paper No. 2011/19 (ENG) – CPE Module
Messerschmid starts by comparing conditions in the West Bank, which is rich in groundwater of excellent quality but largely under Israeli control, with conditions in Gaza, which has hardly any appreciable recharge from rain and a water supply that is almost entirely contaminated. The coastal aquifer constitutes the only source of water directly available to the Gaza Strip itself, given its total, forced separation from the West Bank. Decreasing water levels increase the natural inflows of saline groundwater and the largest source of pollution resides in the large amounts of untreated or insufficiently treated waste water infiltrating into the aquifer. The 1967 occupation, compounded by the total siege in place since 2007, has prevented the building of a single modern and sufficiently sized waste water treatment plant, so pollution has increased. In exploring solutions, he says that local and international experts urge waste water treatment, transfers from the West Bank aquifer, and most of all, desalination. In reality, he says, waste water treatment will only meet a very small percentage of needs; transfer from the West Bank is politically and physically unrealistic (Israel will prevent it; the Hebron area itself faces a water shortage); and desalination, a hugely expensive project, subjects Gaza to constant Israeli blackmail through the threat to destroy plants or to withhold the energy, inputs, or expertise needed to run them. The only solution, he concludes, is one whereby legal pressure and economic incentives bring about equitable water sharing by way of transfers from Israel.

……

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

Markus D. Dubber
University of Toronto – Faculty of Law

It has been suggested that the American Law Institute’s Model Penal Code might serve as a model for a European Model Penal Code, or at least for the project of assembling general principles of European criminal law. This paper presents a critical analysis of the Model Penal Code project, paying particular attention to the form of the project, rather than its substance, on the assumption that the idea, and the drafting, of the Model Penal Code would be of greater interest to a European criminal law project than its content, a systematic and comprehensive general part and a representative special part of “American criminal law.”

……

The Political Branches and The Law of Nations

Anthony J. Bellia Jr.
Notre Dame Law School
Bradford R. Clark
George Washington University Law School
Notre Dame Law Review, Vol. 85, No. 5, p. 1795, 2010
GWU Legal Studies Research Paper No. 535
GWU Law School Public Law Research Paper No. 535
In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, the Court followed the law of nations because adherence to such law preserved the constitutional prerogatives of the political branches to conduct foreign relations and decide momentous questions of war and peace. Although we focused primarily on the extent to which the Constitution obligated courts to follow the law of nations in the early republic, the explanation we offered rested on an important, but largely overlooked, predicate – that the political branches were free to make law in derogation of the law of nations, and that such law would bind U.S. courts as the supreme law of the land. In this Article, we explain how Supreme Court decisions applying the law of nations necessarily presupposed that the political branches may depart from the law of nations in their respective constitutional powers. Because decisions regarding when and whether to adhere to – or depart from – the law of nations “are rather questions of policy than of law,” the Constitution’s allocation of powers assigned such decisions to the political branches of the federal government. In addition, we offer a separation of powers rationale for why the Court has sometimes limited executive power according to the law of nations while leaving Congress free to depart from such law. On this account, judicial enforcement of the law of nations against the Executive Branch appears to track the Court’s understanding of the Constitution’s allocation of powers between Congress and the President. Because the Constitution assigns all foreign affairs powers to Congress and the President, however, the Court has never suggested that courts could enforce the law of nations to constrain the collective constitutional power of the political branches.

……

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

A.K.A Kolawole
Olabisi Onabanjo University – Faculty of Law
OIDA International Journal of Sustainable Development, Vol. 2, No. 5, pp. 95-106, 2011
The current trend is that all human rights are indivisible, interdependent and interrelated. Civil and political rights, economic, social and cultural rights and the environmental rights are all interdependent upon one another and none of these rights is superior or inferior to the other. However in most nations, civil and political rights are justiciable, while the economic, social and cultural rights which are termed “progressive in nature” are non-justiciable Whereas, all nations’ municipal laws recognize the right to life as a fundamental human right, the right to health is not so recognized by most nations. In recent times, the rampant incidents of foods and drugs contamination leading to death of citizens of such nations have led to an outcry for the justiciability of the ESC rights. One wonders, of what essence is the right to life when the citizens’ right to good health through food and drugs remain unguaranteed? This paper examines the nature of ESC rights. It focuses on the right to health and its direct incidence or impact on the right to life. The paper demonstrates that food and drug contaminations leading to the death of persons proves that the right to health is not inferior to the right to life and thus ought to be made justiciable.

……

Can Traditional Knowledge Be Effectively Covered Under a Single ‘Umbrella’?

Andre Van der Merwe
DM Kisch Inc.
Potchefstroom Electronic Law Journal, Vol. 13, No. 4, 2010
Andre van der Merwe a Senior Director of DM Kisch Incorporated and practising Intellectual and Patent attorney, delivered the key-note address (here published as an oratio), posing the question whether traditional knowledge, for which there is no unambiguous definition, can effectively be protected under a single umbrella.” After considering the matter from inter alia historical, philosophical and legal perspectives, he suggests a solution based on a multi-disciplinary approach.

……

Does Domestic Polarization Affect the Credibility of International Commitment?

Jong Hee Park
University of Chicago – Department of Political Science
Kentaro Hirose
University of Chicago – Department of Political Science

We study the effect of the partisan polarization of foreign policy on a state’s ability to make credible commitments in international bargaining. In our model, both states know that after an agreement is reached, a new government to enforce the agreement is elected within a promise-making state. The incentive for the newly elected government to comply with the agreement depends on the domestic (partisan) and international (reputational) costs of noncompliance, both of which vary across parties. The equilibrium analysis shows that an agreement is less likely as a partisan divide increases. When a partisan divide is substantial, our model shows that the possibility of reaching an agreement is larger under a hawkish negotiator than a dovish negotiator. Episodes from the negotiations between the U.S. and North Korea over North Korea’s nuclear weapons program provide support for our theory.

……

Implementing Farmers’ Rights under the FAO International Treaty on PGRFA: The need for a Broad Approach based on Biocultural Heritage

Alejandro Argumedo, Krystyna Swiderska, Michel Pimbert, Yiching Song, Ruchi Pant

The FAO Treaty on Plant Genetic Resources for Food and Agriculture (PGRFA) seeks to protect Farmers’ Rights through equitable benefit-sharing from the use of farmers’ crop varieties. It recognises the enormous contribution that indigenous and local communities and farmers have made to the conservation and development of crop genetic resources. Yet the ability of farmers to continue this role is seriously threatened – not only by a lack of benefit-sharing, but by a lack of secure rights to land and genetic resources and policies that promote industrial agriculture and monocultures. This paper argues for a broad approach to the protection of farmers rights, which goes beyond benefit-sharing, to include protection of farmers’ customary rights over genetic resources and associated landscapes, cultural values and customary laws, on which the continued conservation and improvement of crops by farmers depends. It draws on research by IIED and partners in Peru, Panama, India, China and Kenya.

……

Environmental Law Goes Global:Taking Back Eden: Eight Environmental Cases That Changed the World, by Oliver A. Houck

Robert V. Percival

……

The Most Recent Take on ‘Take’: U.S. v. Apollo Energies & the Migratory Bird Treaty Act

Katharine E. Hoeksema
Vermont Law School

Feathers continue to fly as courts debate just how far the Migratory Bird Treaty Act’s talons extend, most recently when applied to the industry sector. This note examines the possible implications of requiring the government to prove proximate cause under the misdemeanor provision of the Migratory Bird Treaty Act (MBTA). The Tenth Circuit is the most recent federal appeals court to analyze the misdemeanor takings provision of the MBTA in United States v. Apollo Energies, Inc. Absent a proximate cause element, the court held the MBTA misdemeanor provision violated the Due Process clause of the Fourteenth Amendment of the United States Constitution. To understand the implications of Apollo, the first part of this note will provide the statute’s history and provisions, including the general interpretation of the MBTA’s misdemeanor provision as a strict liability offense. The second part will explore two energy cases decided prior to Apollo, in which the courts refused to convict oil companies under the MBTA. In the third section, I will discuss the recent Apollo decision whose proximate cause requirement purports to solve many of the concerns expressed by the prior courts. These concerns include: fear that the MBTA will be used to prosecute absurd bird deaths resulting from collisions with cars and windows; a lack of statutory notice as to what may lead to MBTA prosecution; and too much reliance on prosecutorial discretion when deciding whether to charge an MBTA violation. The fourth section explores whether Apollo really does solve such concerns and whether requiring the government to prove proximate cause actually dulls the MBTA’s talons and goes against legislative intent. Lastly, proposals are offered which could help Congress and the Fish and Wildlife Service (the agency tasked with enforcing the statute) to clarify their statutory intent. These include amending the MBTA itself, raising the misdemeanor penalty, imposing an industry wide bird fee, and adding a permit provision for bird takings within the energy industry.

……

Is There Tax Competition in ASEAN?

Achmad Tohari
Faculty of Economics and Business – Airlangga University
Anna Retnawati
Faculty of Economics and Business – Airlangga University
Bulletin for International Taxation, Vol. 64, No. 1, 2010
As a regional group, the Association of Southeast Asian Nations (ASEAN) wants to enhance its collective competitiveness to attract foreign capital. At an individual country level, each member country offers incentives to encourage foreign investors. These two interests often conflict in any event. This article demonstrates that although there has been a significant decrease in statutory and effective tax rates in recent years, tax competition in ASEAN is not clearly evident.

……

Is the European Medical Products Authorisation Regulation Equipped to Cope with the Challenges of Nanomedicines?

Barbel R. Dorbeck-Jung & Nupur Chowdhury

This article analyses the emerging European regulatory activities in relation to nanopharmaceuticals. The central question is whether the regulatory responses are appropriate to cope with the regulatory problems nanomedicinal development is posing. The article explores whether the medical product regulations are robust enough, whether there are certain regulatory gaps, and whether the competent bodies have the expertise to evaluate nanomedicinal products when approval is applied for. Based on a social-constructive approach, the article identifies significant regulatory actors, their ideas on regulatory problems, and preliminary governance responses to them. It finds that the current dynamic regulatory structure appears robust enough to adapt to some of the technological challenges posed by nanomedicines. It concludes that regulators have not yet responded adequately to regulatory gaps related to definitions, classification and specific safety, quality, and efficacy standards that nanopharmaceutical development seems to require. As a consequence of these deficiencies legal certainty, a principle of high priority in European medical regulation policy, cannot be sufficiently provided.

……

The Three Degrees Conference: One Year Later

Jennifer Krencicki Barcelos
University of Washington – School of Law; Three Degrees Project
Gregory Alan Hicks
University of Washington – School of Law
Jennifer Marlow
University of Washington – School of Law; Three Degrees Project
Washington Law Review, Vol. 85, No. 2, 2010
Increasing drought, the spread of tropical disease, storm surges with rising duration and severity, and unprecedented human dislocation will reduce food security and access to fresh water, promote the spread of disease beyond normative ranges, and uproot millions of people who inhabit coastal regions. It is certain that the survival ability of many of the world’s indigenous and most disadvantaged peoples is at stake. And yet, the law is inadequately prepared to deal with these human impacts of climate change. The application of both codified and customary international and domestic law will be critical in addressing the massive human and humanitarian crises ignored by technical market solutions to climate change, moderate political reforms, and stalled treaty efforts. The legal community is in a unique position to spearhead innovative adaptations to climate change to account for the basic protection of fundamental human rights. Numerous scholars have suggested that human rights law may provide the most adequate and responsible remedy for climate-related impacts, and yet others debate its utility in the climate context.

……

Hazardous Activities and Civil Strict Liability: The Regulator’s Dilemma

Gerard Mondello
French National Center for Scientific Research (CNRS) – Institut de droit et d’économie de la firme et de l’industrie (IDEFI)
FEEM Working Paper No. 21.2011
This paper addresses the conditions for setting up strict civil liability schemes. For that it compares the social efficiency of two main civil liability regimes usually enforced to protect the environment: the strict liability regime and the “capped strict liability scheme”. First, it shows that the regulator faces an effective dilemma when he has to enforce one of these schemes. This because the social cost of a severe harm (and the associated optimum care effort) is determined independently of any liability regime. This independency has economic consequences. First, victims and polluters pit one against another about the liability regime that the government should enforce. Hence, financially constrained polluters prefer the ceiling of responsibilities while victims wish to extend the amount of redress under a “standard” strict liability. Economic criteria for enforcing a regime rather than another one are lacking. Second, the paper shows that implementing civil strict liability rules may be done by setting up care standards as for instance in the nuclear or the maritime sectors and demanding to the injurers to comply with them. We show that this goal can be achieved by resorting to some friendly monitoring corresponding to frequent random controls with low fines rather than few controls that should involve heavy fines.

……

A Critical Analysis of the Fraud Triangle for Sustainable Development in Africa

Emma Ik Okoye
affiliation not provided to SSRN
The University Advanced Research Journal, No. 1, April-June 2009
This paper focused on the relevance of the “Fraud Triangle” for sustainable development in Africa. To achieve this objective, a critical review of extant literature was made and it was observed that the fraud triangle exposes to management the conditions that could cause people to be involved in fraudulent practices. Armed, with this information, management is able to effectively design and formulate policies and strategies for the prevention and detection of fraud. As the risks of fraud are minimized or eliminated, an organization becomes more effective and efficient in the production, distribution and promotion of products that arc environmental friendly for sustainability.

……

Contemporary International Law Issues: Emergence of the World Wide Web – A Glimpse into the Social Reality of the Peoples Republic of China

David M. Cantor
affiliation not provided to SSRN

. . . Is access to information a fundamental value that human beings demand? The analysis of global flows of information is no novel subject. One could probably argue that its origins are as old as the Ten Commandments, and yet the nature of the subject itself is continuous and ever evolving. It is highly unlikely that the ancient prophets would have been able to envision the world we live in today – a world where invisible connections transcend traditional notions of time and space. Today, innovation in communication technology continues to transform the global flows of information at a staggering pace. Accordingly, there exist as many clever labels as academic scholars who have attempted to encapsulate and define the momentum of the times that we live in; the “digital age”, an “information society”, “new information society”, a “global village”, era of “globalization.” As well as we who live in it: “global citizens”, “millenials”, “netizens”, and so on.  The passion to innovate is as relentless as its effect. This paper strives to comprehend certain aspects of this effect – in particular, the emergence of the world-wide-web and its contemporary social consequences. And in observing this relationship, what role, if any, does international law have?

……

Environmental Substance Abuse: The Substantive Competence of Social Science Empirical Environmental Policy Research

Mark K. Atlas
affiliation not provided to SSRN

In a 2002 article, social science scholars criticized legal scholars for violating empirical analysis principles in law review articles. Their review of hundreds of empirical law review articles led to a pervasively grim assessment of these articles and their authors, concluding that empirical legal scholarship was deeply flawed, with serious problems of inference and methodology everywhere. In essence, the 2002 article argued that although legal scholars’ articles might be substantively competent (i.e., knowledgeable about the law and facts), they were, at best, methodologically incompetent.  This Report reverses the 2002 article’s focus, assessing the substantive competence of social science empirical research articles, ignoring their methodological competence. This Report focuses on about 550 social science articles from peer-reviewed journals since the 1960’s that used quantitative research to study United States domestic environmental policies and practices. The 2002 article examined aspects of law review articles at which legal researchers might be deficient but at which social science researchers should be competent. This Report does the opposite by focusing on what legal researchers should be most expert – determining the relevant laws, government policies, and facts. Consequently, just as the 2002 article evaluated whether law review articles violated empirical research rules, this Report evaluates whether social science environmental policy articles were incorrect or incomplete about the relevant laws, government policies, or facts. Although the 2002 article concluded that every empirical law review article was fatally flawed methodologically, this Report does not conclude that every social science environmental policy article was fatally flawed substantively. However, the overwhelming majority of those articles were substantively uninformed, amateurish, shoddy, and/or deceptive. Anyone with a basic understanding of the environmental laws, policies, facts, and/or data relevant to any particular article would conclude after only a brief review that the article was seriously flawed. Unfortunately, social science journals publishing environmental policy articles have been like runaway trains of invalid research that keep picking up new passengers. This Report explains in detail the substantive problems with each of these articles.

II. Books

Climate Governance at the Crossroads:

Experimenting with a Global Response after Kyoto

(Oxford Univ. Press, 2011)

Matthew J. Hoffmann

The global response to climate change has reached a critical juncture. Since the 1992 signing of the United Nations Framework Convention on Climate Change, the nations of the world have attempted to address climate change through large-scale multilateral treaty-making. These efforts have been heroic, but disappointing. As evidence for the quickening pace of climate change mounts, the treaty-making process has sputtered, and many are now skeptical about the prospect of an effective global response. Yet global treaty-making is not the only way that climate change can be addressed or, indeed, is being addressed.

……

National Security Implications of Climate Change for U.S. Naval Forces

(National Academies Press, Mar. 2011)

Committee on National Security Implications of Climate Change for U.S. Naval Forces; National Research Council

In response to the Chief of Naval Operations (CNO), the National Research Council appointed a committee operating under the auspices of the Naval Studies Board to study the national security implications of climate change for U.S. naval forces. In conducting his study, the committee found that even the most moderate current trends in climate, if continued, will present new national security challenges for the U.S. Navy, Marine Corps, and Coast Guard. While the timing, degree, and consequences of future climate change impacts remain uncertain, many changes are already underway in regions around the world, such as in the Arctic, and call for action by U.S. naval leadership in response. The terms of reference (TOR) directed that the study be based on Intergovernmental Panel on Climate Change (IPCC) scenarios and other peer-reviewed assessment. Therefore, the committee did not address the science of climate change of challenge the scenarios on which the committee’s findings and recommendations are based. This report addresses both the near- and long-term implications for U.S. naval forces in each of the four areas of the terms of reference (TOR), and provides corresponding findings and recommendations. This report and its findings are recommendations are organized around six discussion areas–all presented within the context of a changing climate.

……

One Nation Under Surveillance
(Oxford Univ. Press, Feb. 24, 2011)

Simon Chesterman

What limits, if any, should be placed on a government’s efforts to spy on its own citizens in the interests of national security? By reframing the relationship between privacy and security One Nation Under Surveillance offers a framework to defend freedom without sacrificing liberty.

Hardback | 320 pages
978-0-19-958037-8

……

International Relations and the European Union
(Oxford Univ. Press, Feb. 2011, Second Edition)
Edited by Christopher Hill and Michael Smith

International Relations and the European Union uniquely incorporates the study of the EU’s world role into the wider field of International Relations. New chapters on the EU’s relationships with emerging world powers, and its stance on energy and environmental policy confirm the second edition as the leading textbook on this subject.

Paperback | 584 pages
978-0-19-954480-6
……

Politics in the European Union
(Oxford Univ. Press, Feb. 17, 2011, Third Edition)
Ian Bache, Stephen George, and Simon Bulmer

With new chapters on the Lisbon Treaty, environmental policy, and freedom, security and justice, the third edition of Politics in the European Union is fully up-to-date, and remains an essential textbook for students of EU Politics.

Paperback | 656 pages
978-0-19-954481-3

……

The Evolution of EU Law
(Oxford Univ. Press, Feb. 17, 2011, Second Edition)
Edited by Paul Craig and Gráinne de Búrca

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

Paperback | 984 pages
978-0-19-959296-8

……

Osama Bin Laden
(Oxford Univ. Press, Feb. 24, 2011)

Michael Scheuer

Osama Bin Laden was and remains America’s most formidable and implacable enemy. And yet no one has written a serious assessment of his influence over world events in the last decade. In Osama bin Laden Scheuer provides an objective and authoritative portrait of bin Laden that will show him to be a man of remarkable leadership skills, strategic genius, and considerable rhetorical abilities. For ten years, he has eluded capture despite being the most hunted man in the world.

Hardback | 288 pages
978-0-19-973866-3

……

UW Law Library Recent International Law and Relations Acquisitions

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 41: Mar 16, 2011

ALAN O’NEIL SYKES, EDITOR

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

Juan Santos Vara, affiliation not provided to SSRN

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

Nienke Grossman, University of Baltimore – School of Law

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

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

A Trans-Judicial Dialogue and the Globalizing of Administrative Law

Sungjoon Cho, Chicago Kent College of Law

Contrasting Dynamics of Global Administrative Measures and International Criminal Courts: Cosmopolitanism, Multilateralism, State Interests

Nicholas Dorn, Erasmus University Rotterdam – Erasmus School of Law

Refugees

Itamar Mann, Yale University – Law School

Supervised Independence and Post-Conflict Sovereignty: The Dynamics of Hybridity in Kosovo’s New Constitutional Court

Steven Hill, Johns Hopkins University, Hopkins-Nanjing Center
Paul Linden-Retek, Yale University – Law School

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 40: Mar 15, 2011

ALAN O’NEIL SYKES, EDITOR

The United Nations Security Council and the Enforcement of International Humanitarian Law

Marco Roscini, University of Westminster School of Law

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

William Thomas Worster, The Hague University

The Conceptual and Constitutional Challenge of Transnational Private Regulation

Colin David Scott, UCD
Fabrizio Cafaggi, European University Institute – Department of Law (LAW)
Linda A.J. Senden, Tilburg Law School

Privatized Sovereign Performance: Regulating in the Gap between Security and Rights?

Fiona de Londras, University College Dublin-School of Law

The Security Council’s Responsibility to Protect

Anne Peters, University of Basel – Faculty of Law

Lawfare, Legitimacy, and Resistance: The Weak and the Law

Michael G. Kearney, London School of Economics – Law Department

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

Amar Gupta, 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

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

Mike Madden, Dalhousie University

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 39: Mar 14, 2011

ALAN O’NEIL SYKES, EDITOR

The European Court of Human Rights, Dual Functionality, and the Future of the Court after Interlaken

Fiona de Londras, University College Dublin-School of Law

Implementation as the Best Way to Tackle Corruption: A Study of the UNCAC and the AUC 2003

Antoine Martin, University of Surrey

Choosing to Prosecute: Expressive Selection at the International Criminal Court

Margaret M. deGuzman, Temple University – James E. Beasley School of Law

Efficient Breach of International Law: Optimal Remedies, “Legalized Noncompliance,” and Related Issues

Eric A. Posner, University of Chicago – Law School
Alan O’Neil Sykes, Stanford Law School

The Political Branches and The Law of Nations

Anthony J. Bellia Jr., Notre Dame Law School
Bradford R. Clark, George Washington University Law School

Push Factors: Immigration as a Consequence of Development Lending

Diana Zoelle, affiliation not provided to SSRN

Accounting for the Internal Dynamics of Bilateral Investment Treaties: Every Bit Counts

Michael Jacobs, OCC/Risk Analysis Division/Credit Risk Modeling

No Such Thing as Cosmopolitanism: Field-Dependent Consequences in International Administrative Governance and Criminal Justice

Nicholas Dorn, Erasmus University Rotterdam – Erasmus School of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 38: Mar 10, 2011

ALAN O’NEIL SYKES, EDITOR

Global Tax Governance: Work in Progress?

Jan Wouters, Leuven Centre for Global Governance Studies
Katrien Meuwissen, affiliation not provided to SSRN

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

Raphael van Steenberghe, affiliation not provided to SSRN

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

Willem van Genugten, Tilburg Law School

Contracting for State Intervention: The Origins of Sovereign Debt Arbitration

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

Beyond the Monopoly of States

David Gartner, Arizona State University – Sandra Day O’Connor College of Law

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

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

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

Omoba Oladele Opeolu Osinuga, affiliation not provided to SSRN

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 37: Mar 09, 2011

ALAN O’NEIL SYKES, EDITOR

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

P. M. Kamath, VPM’s Centre for International Studies

The Domestic Prosecution of Genocide

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

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

Justin A. Fraterman, Georgetown University Law Center

Protection of Traditional Knowledge: Trade Barriers and the Public Domain

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

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

Allehone Mulugeta Abebe, University of Bern

Legal Coordination of NGOs in Times of Crisis: The Role of NGOs During and After the Rwandan Genocide

Nicole Rataski, Ohio Northern University – Pettit College of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 32: Mar. 14, 2011

CHRISTIANA OCHOA, EDITOR

Responsive Regulation and Comparative Consumer Product Safety

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

Enquiry into the Notion of Cultural Protectionism in the Media and its Dimensions in Cyberspace

Mira Burri-Nenova, University of Bern Law School – World Trade Institute

Using GARCH Model in the Analysis of Trade Liberalization and Poverty in Developing Countries

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

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)

Controversial Conceptions: The Unborn in the American Convention on Human Rights

Álvaro Paúl, University of Dublin – Trinity College

Universal Human Rights and Cultural Relativism: A Fresh View From the New Haven School of Jurisprudence

Mark D. Kielsgard, City University Hong Kong

Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights

Cynthia M. Ho, Loyola University of Chicago School of Law

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

Reza Banakar, University of Westminster – School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 31: Mar. 10, 2011

CHRISTIANA OCHOA, EDITOR

Barriers to International Trade in Procurement after the Economic Crisis, Part II: Opening International Procurement Markets: Unfinished Business

Christopher R. Yukins, George Washington University – Law School

Lawfare, Legitimacy, and Resistance: The Weak and the Law

Michael G. Kearney, London School of Economics – Law Department

Recalibrating Abstract Payments Regulatory Policy: A Retrospective Post Dodd-Frank

Eniola Akindemowo, Thomas Jefferson School of Law

The Neo-Liberal Turn in Regional Trade Agreements

James Thuo Gathii, Albany Law School

Private Law 2.0: On the Role of Private Actors in a Post-National Society

Jan M. Smits, Maastricht University Faculty of Law – Maastricht European Private Law Institute (M-EPLI), University of Helsinki – Center of Excellence in Foundations of European Law and Polity

The United Nations Security Council and the Enforcement of International Humanitarian Law

Marco Roscini, University of Westminster School of Law

Regulating the Medium: Reactions to Network Neutrality in the European Union and Canada

Daithi Mac Sithigh, University of East Anglia (UEA) – Norwich Law School

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 30: Mar. 09, 2011

CHRISTIANA OCHOA, EDITOR

Teaching Law in Europe: From an Intra-Systemic, Via a Trans-Systemic to a Supra-Systemic Approach

Sjef J. H. M. van Erp, Maastricht European Private Law Institute, University of Maastricht – Faculty of Law

The Security Council’s Responsibility to Protect

Anne Peters, University of Basel – Faculty of Law

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

Trevor J. Zeyl, affiliation not provided to SSRN

Market Access for Small Versus Large Service Enterprises: The Preferential and Multilateral Trade Liberalization Tracks Compared

Daniela Maarit Persin, Hebrew University of Jerusalem – Faculty of Social Sciences

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 10: Mar. 15, 2011

DAVID D. CARON & TSEMING YANG, EDS.

The Spectre of Carbon Border-Adjustment Measures

Navraj Singh Ghaleigh, University of Edinburgh – School of Law
David Rossati, University of Edinburgh

Sister Cities, Sister Crises: A Discourse Analysis of the Good Neighbor Environmental Policy Board between the U.S. And Mexico Border

Emily Howard, affiliation not provided to SSRN

The Dispute Over Pinnacle Islands (Senkaku/Diaoyu) – A Legal Analysis (A Disputa Pelo Arquipélago Do Pináculo (Senkaku/Diaoyu) Uma Análise Jurídica) (in Portuguese)

Diogo de Sousa e Alvim, University of Macau – Faculty of Law

The First Year of the G-20 Commitment on Fossil-Fuel Subsidies: A Commentary on Lessons Learned and the Path Forward

Kerryn Lang, The Global Subsidies Initiative

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

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 ECONOMIC LAW eJOURNAL

Vol. 6, No. 23, Mar 15, 2011

ALAN O’NEIL SYKES, EDITOR

Barriers to International Trade in Procurement after the Economic Crisis, Part II: Opening International Procurement Markets: Unfinished Business

Christopher R. Yukins, George Washington University – Law School

Responsive Regulation and Comparative Consumer Product Safety

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

Extraterritorial Intellectual Property Enforcement in the European Union

Marketa Trimble, University of Nevada, Las Vegas – William S. Boyd School of Law

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

Eric A. Posner, University of Chicago – Law School
Alan O’Neil Sykes, Stanford Law School

The Spectre of Carbon Border-Adjustment Measures

Navraj Singh Ghaleigh, University of Edinburgh – School of Law
David Rossati, University of Edinburgh

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 22, Mar 14, 2011

ALAN O’NEIL SYKES, EDITOR

The Neo-Liberal Turn in Regional Trade Agreements

James Thuo Gathii, Albany Law School

Free Trade in Culture with Chinese Censorship: The WTO Appellate Body Report on China – Audiovisuals

Joost Pauwelyn, Graduate Institute of International and Development Studies (HEI)

Market Access for Small Versus Large Service Enterprises: The Preferential and Multilateral Trade Liberalization Tracks Compared

Daniela Maarit Persin, Hebrew University of Jerusalem – Faculty of Social Sciences

Strength of the International Trade Commission as a Patent Venue

Christopher Anthony Cotropia, University of Richmond School of Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 21, Mar. 09, 2011

ALAN O’NEIL SYKES, EDITOR

Administered Protection in the GATT/WTO System

Joseph Michael Finger, Independent

Contracting for State Intervention: The Origins of Sovereign Debt Arbitration

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

Land-Art-Farm – Anatomy of a Tourism No-Go Decision

Sandra J. Welsman, Frontiers Insight: The Frontiers Institute – RegSciLaw

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

……

Journal of World Trade, Volume 45, Number 1, February 2011

China’s Experience in Dealing with WTO Dispute Settlement: A Chinese Perspective
Wenhua Ji and Cui Huang

Trade Facilitation: A Conceptual Review
Andrew Grainger

Linking International Trade and Labour Standards: The Effectiveness of Sanctions under the European Union’s GSP
Weiferig Zhou and Ludo Cuyvers

The Fragmentation of International Trade Law
Panagiotis Delimatsis

Drug Trafficking, Money Laundering and International Trade Restrictions after the WTO Panel Report in Colombia — Ports of Entry: How to Align WTO Law with International Law
Alberto Alvarez-Jiménez

The ‘Specificity’ of Cultural Products versus the ‘Generality’ of Trade Obligations: Reflecting on ‘China — Publications and Audiovisual Products’
Jingxia Shi and Weidong Chen

Is China’s Currency Regime A Countervailable Subsidy? A Legal Analysis Under the World Trade Organization’s SCM Agreement
Benjamin Blase Caryl

Why Are WTO Panels Taking Longer? And What Can Be Done About It?
Matthew Kennedy

……

University of New Brunswick Law Journal, Volume 60, 2010

THE USES AND ABUSES OF PARTY AUTONOMY IN INTERNATIONAL CONTRACTS
Catherine Walsh

PARTY AUTONOMY AND CHOICE OF LAW: IS INTERNATIONAL ARBITRATION LEADING THE WAY OR MARCHING TO THE BEAT OF ITS OWN DRUMMER?
Joshua D. H. Karton

“AFTER THE STORM: THE IMPACT OF THE FINANCIAL CRISIS ON PRIVATE INTERNATIONAL LAW”: JURISDICTION
John P. McEvoy

CANADA AND THE UNITED NATIONS HUMAN RIGHTS COUNCIL: DISSENT AND DIVISION
Joanna Harrington

THE PROBLEM OF PARALLEL ACTIONS: THE SOFTER ALTERNATIVE
Elizabeth Edinger

INTERNATIONAL LAW INTERRUPTED—A CASE OF SELECTIVE ADAPTATION
Ljiljana Biukovic

……

Journal of Comparative Law, Volume 4, Number 2, 2009

Intellectual Property as an ‘Investment’ In International Law: A Case of Access To Medicines versus Access To Justice?
Wadlow, Christopher

Is Home State Litigation the Way to Fill the Lacuna in Corporate Legal Accountability for Human Rights Violations Perpetrated in Host States?
Chambers, Rachel

Reviews:

Leena Avonious and Damien Kingsbury (eds.): Human Rights in Asia. A Reassessment of the Asian Values Debate
Nesossi, Elisa

Scott Leckie (ed.) Housing, Land, and Property Rights in Post-Conflict United Nations and Other Peace Operations. A Comparative Survey and Proposal for Reform
Ng, Patricia

William Twining: General Jurisprudence. Understanding Law from a Global Perspective
Moscati, Marica Federica

……

Arab Law Quarterly, Volume 25, Number 1, 2011

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention
Qais Ali Mahafzah and Zein J. Razem

……

Monash University Law Review, Volume 36, Number 1, 2010

Global Warming After the Obama Accord
Ross Garnaut

Climate Change in the Courts
The Hon Chief Justice Brian J Preston

‘The Hour When the Ship Comes in’: A Convention for Persons Displaced by Climate Change
David Hodgkinson, Tess Burton, Heather Anderson and Lucy Young

Explaining Unilateral Cooperative Actions: The Case of Greenhouse Gas Regulations
Urs Luterbacher and Peter Davis

Reducing Emissions from Deforestation and Forest Degradation in Developing Countries
Lee Godden, Anne Kallies, Rodney J Keenan and Jacqueline Peel

Smart Grids: Opportunities for Climate Change Mitigation and Adaptation
Rosemary Lyster

The Legal and Economic Bases for an Emissions Trading Scheme
Leslie A Stein

What Rough Beast? Copenhagen and Creating a Successor Agreement to the Kyoto Protocol
Gerry Nagtzaam

Passing Through Carbon Costs under the Carbon Pollution Reduction Scheme
Renee Garner and Rachael Wong

Climate Change and the Copenhagen Legacy: Where to From Here?
Rowena Cantley-Smith

Transfer of Carbon Liability under the Proposed Carbon Pollution Reduction Scheme
Grant Anderson

……

Business Law International, Volume 12, Number 1, January 2011

Case Note: Assistance Offered by New York Courts in Aid of International Arbitration Proceedings Elsewhere
John Fellas

……

International Journal of Comparative Labour Law and Industrial Relations, Volume 26, Issue 4, December 2010

Employment Prospects in the Green Economy: Myth and Reality
Lisa Rustico and Michele Tiraboschi

The End of Jobs: A Case of Theoretical Convergence?
Hélio Zylberstajn

Military Unionism and the Management of Employee Relations within the Armed Forces: A Comparative Perspective
Lindy Heinecken

Union Social Responsibility: A Necessary Public Good in a Globalized World
Rosalind Chew and Chew Soon-Beng

……

Journal of the History of International Law, Volume 13, Number 1, 2011

The Wisconsin-Milwaukee Conference on International Law and World Order. Introduction
Douglas Howland

Sovereignty beyond the West: The End of Classical International Law
Arnulf Becker Lorca

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

Contraband and Private Property in the Age of Imperialism
Douglas Howland

Sovereignty and the Chinese Red Cross Society: The Differentiated Practice of International Law in Shandong, 1914–1916
Caroline Reeves

The Wilsonian Challenge to International Law
Leonard V. Smith

Beyond International Law: The Theories of World Law in Tanaka Kōtarō and Tsunetō Kyo
Kevin M. Doak

……

Case Western Reserve Law Review, Volume 60, Number 4, Summer 2010

REPRODUCTIVE HEALTH AS A HUMAN RIGHT
Lance Gable

THE FULL REALIZATION OF OUR RIGHTS: THE RIGHT TO HEALTH IN STATE CONSTITUTIONS
Cynthia Soohoo & Jordan Goldberg

FROM THE BOTTLE TO THE GRAVE: REALIZING A HUMAN RIGHT TO BREASTFEEDING THROUGH GLOBAL HEALTH POLICY
Benjamin Mason Meier & Miriam Labbok

THE CHILD EXCLUSION IN A GLOBAL CONTEXT
Martha F. Davis

……

Israel Law Review, Volume 43, Number 1, 2010

Immigration and the Human Rights Discourse: The Universality of Human Rights and the Relevance of States and of Numbers
Ruth Gavison

Minority Rights for Immigrants? Multiculturalism versus Antidiscrimination
Christian Joppke

Citizens’ Rights and Human Rights
Stephen H. Legomsky

Sovereign States Control of Immigration: A Global Justice Perspective
Yaffa Zilbershats

Managing Female Foreign Domestic Workers in Singapore: Economic Pragmatism, Coercive Legal Regulation, or Human Rights?
Eugene KB Tan

The Rights Discourse and the Obligation of States to Admit Immigrants
Chaim Gans

Rights in Immigration: The Veil as a Test Case
Gila Stopler

A Response to the Review of The Palestine Question in International Law by Robbie Sabel
Orna Ben-Naftali, Aeyal Gross, & Keren Michaeli

……

Canadian Criminal Law Review, Volume 15, Number 1, December 2010

Participatory Rights for Victims of Crime: In Search of International Consensus
JONATHAN DOAK

……

Air & Space Law, Volume 36, Number 1, February 2011

Outcome of the 37th Session of the ICAO Assembly
Ruwantissa Abeyratne

ICAO Assembly’s Resolution on Climate Change: A ‘Historic’ Agreement?’
Michel Adam

Price Transparency Requirements of the EC Air Services Regulation 2008
Georg Ruben Friedmann

……

European Journal of Criminology

Volume 8, Number 2, March 2011

Worlds tied together? Online and non-domestic routine activities and their impact on digital and traditional threat victimization

Johan van Wilsem

……

Election Law Journal: Rules, Politics, and Policy

Volume 10, Number 1, March 2011

Bringing the Vote to Residents of Long-Term Care Facilities: A Study of the Benefits and Challenges of Mobile Polling
Jason Karlawish, Charlie Sabatino, Deborah Markowitz, Jonathan Rubright, Ellen Klem, Robert F. Boruch

A Privilege or a Right? Limiting the Vote in a Democracy
Gillian Peele

……

Environmental Justice

Volume 4, Number 1, March 2011

The Environmental Justice Dimensions of Climate Change
Marie Lynn Miranda, Douglas A. Hastings, Joseph E. Aldy, William H. Schlesinger

Diversifying the Environmental Workforce: Addressing an Early Environmental Justice Challenge
Max Weintraub, Angela Park, Sharon Jang

The Transboundary Trade of Hazardous Wastes, 2000–2006
John K. Thomas, Darrell Fannin

Monitoring Environmental Justice
Sarah E. Fredericks

Environmentally Just Technology
Gwen Ottinger

……

Journal of International Wildlife Law & Policy, Volume 14, Number 1, January 2011

Revoking a License to Krill: What the United States Can Do to Save Fish Stocks in Antarctica
Benjamin K. Sovacool; Kelly E. Siman

The Law of the Sea and Environmental Problems in the Strait of Gibraltar
Jesús Verdú Baeza

The “Future of the IWC”: Why the Initiative to Save the International Whaling Commission Failed
Dan Goodman

……

Acta Juridica Hungarica, Volume 52, Number 1, March 2011

The importance of preamble in constitutional court jurisprudence
Ryszard Piotrowski

……

Legal Information Management, Volume 11, Issue 1, March 2011

Judge Stephen Schwebel: International Jurist Extraordinaire
Lesley Dingle

……

Wake Forest Journal of Business and Intellectual Property Law, Volume 10, Number 1, Fall 2009

ALL THE NEWS THAT’S FIT TO OWN: HOT NEWS ON THE INTERNET & THE COMMODIFICATION OF NEWS IN DIGITAL CULTURE
Clay Calvert; Kayla Gutierrez and Christina Locke

COMPULSORY LICENSING OF PATENTED PHARMACEUTICALS: WHY A WTO ADMINISTRATIVE BODY SHOULD DETERMINE WHAT CONSTITUTES A PUBLIC HEALTH CRISIS UNDER THE DOHA DECLARATION
Aileen M. McGill

……

India Law Journal, Volume 3, Issue 3, July-September 2010

Choice of Law in International Commercial Arbitration
Ali Khaled Qtaishat

The development of the rule of law in China and a comparison with the Indian judicial model
Zia Akhtar

Foreign Institutional Investors: The Indian Experience
S.V. Adithya Vidyasagar

……

Asian-Pacific Law & Policy Journal, Volume 12, Issue 1, 2010

Antigone in China: Teaching American Law and Lawyering in Shenzhen
James Parry Eyster

Indonesia in the ‘REDD’: Climate Change, Indigenous Peoples and Global Legal Pluralism
Naomi Johnstone

Traditional Pacific Land Rights and International Law: Tensions and Evolution
Justice Margaret McMurdo and Jodi Gardner

One-Way Track to Desecration: Implications of the Honolulu Rail’s Failure to Comply with Protections Mandated for Native Hawaiian Burials
Natasha Baldauf

An Alternative Perspective to Battling the Bulge: The Social and Legal Fallout of Japan’s Anti-Obesity Legislation
Barron T. Oda

People’s Panels vs. Imperial Hegemony: Japan’s Twin Lay Justice Systems and the Future of American Military Bases in Japan
Hiroshi Fukurai

……

European Journal of Social Security, Volume 12, Number 4, 2010

Front-Line Work in Employment Services After Ten Years of New Public Management Reform: Governance and Activation in Australia, the Netherlands and the UK
M. Considine, J. Lewis

……

European Review of Private Law, Volume 18, Number 6, 2010

Proportionality in Tort Law – A Comparison between Dutch and English Laws with Regard to the Problem of Multiple Causation in Asbestos-Related Cases
Faro Sobczak

The Jurisdiction of Choice: England and Wales or Germany?
Hein Kötz

Testing the Draft Common Frame of Reference – Report of the International Conference on ‘The Draft Common Frame of Reference: A National and Comparative Perspective’ (Kortrijk: Katholieke Universiteit Leuven, Campus Kortrijk, 10–11 June 2010)
Rodrigo Momberg

……

European Journal of Crime, Criminal Law and Criminal Justice, Volume 19, Number 1, 2011

European Regulation of Cross-Border Hate Speech in Cyberspace: The Limits of Legislation
Banks, James

Anti-Mafia Policies in Italy: The Need for Collaborative Governance and Transition of the Policy Actors from Isolation to Coalition
Cayli, Baris

Some Observations on the Lack of a Specific Diminished Responsibility Defence under the ICC Statute
Radosavljevic, Dragana

Overview of Recent Cases Before the European Court of Human Rights and the European Court of Justice, and Legislative and Policy Developments (Augst-October 2010)
M. Cousins

……

Maastricht Journal of European and Comparative Law, Volume 17, Number 3, 2010

The Conflicting Roles of State Aid Control: Support of Financial Institutions versus Safeguarding the Internal Market
PHEDON NICOLAIDES And IOANA ELEONORA RUSU

……

Austrian Review of International and European Law, Volume 12, 2007

International Legal Personality: Panacea or Pandemonium? Theorizing About the Individual and the State in the Era of Globalization
Christopher Barbara

The State as a Criminal Again? The 2007 ICJ Judgment on the Application of the Genocid e Convention Viewed From a Criminal Law Perspective
Silvia Petkov

Part I: Austrian Judicial Decisions Involving Questions of International Law
Jane Alice Hofbauer & Stephan Wittich

Part II: Austrian Diplomatic and Parliamentary Practice in International Law
Gregor Novak, Gerhard Hafner & Helmut Prantner

Chester Brown, A Common Law of International Adjudication
Stephan Wittich

Marcelo G. Kohen (ed.), Secession—International Law Perspectives
Peter Hilpold

Christian Tams, Enforcing Obligations Erga Omnes in International Law
Stephan Wittich

Geir Ulfstein (ed.), in collaboration with Thilo Marauhn and Andreas Zimmermann, Making Treaties Work: Human Rights, Environment and Arms Control
Alexander Breitegger

Book Notes:

Malgosia Fitzmaurice and Dan Sarooshi (eds.), Issues of State Responsibility before International Judicial Institutions
Stephan Wittich

Campbell McLachlan, Laurence Shore and Matthew Weiniger, International Investment Arbitration
Ursula Kriebaum

Marion Panizzon, Good Faith in the Jurisprudence of the WTO. The Protection of Legitimate Expectation, Good Faith Interpretation and Fair Dispute Settlement
Silke Steiner

……

Comparative and International Law Journal of Southern Africa, Volume 43, Number 2, July 2010

Intervention with specific reference to the relationship between the United Nations Security Council and the African Union
A Ferreira-Snyman

Civil liberties versus military necessity: lessons from the jurisprudence emanating from the classification and internment of Japanese-Americans during World War II
D Oluwu

……

Journal of International Arbitration, Volume 28, Number 1, February 2011

Why South Africa Should Update Its International Arbitration Legislation
Stephan Wilske and Jade G. Ewers

U.S. Anti-suit Injunctions in Support of International Arbitration: Five Questions American Courts Ask
Chetan Phull

The Revised UNCITRAL Arbitration Rules Seen through the Prism of Electronic Disclosure
Dania Kozlowska

……

DePaul Business & Commercial Law Journal, Volume 9, Number 1, Fall 2010

FROM THE OFFSHORE WORLD OF INTERNATIONAL FINANCE TO YOUR BACKYARD: STRUCTURING SERIES LLCS FOR DIVERSE BUSINESS PURPOSES
James D. Blake

……

Southwestern Journal of International Law, Volume 17, Number 1, 2011

THE UNITED STATES-EUROPE DEATH PENALTY DEBATE: A COMPARISON OF FILMIC APOLOGISTS
David Shea Bettwy

FAST TRACKING WOMEN INTO PARLIAMENTARY SEATS IN THE ARAB WORLD
Khaled A. Beydoun

SHOULD THE UNITED STATES INCORPORATE THE PROCUREMENT INTEGRITY ACT INTO ITS FREE TRADE AGREEMENTS?: A LOOK AT THE AUSTRALIAN-UNITED STATES FREE TRADE AGREEMENT
Timothy M. Cox

OH CANADA! WE STAND ON GUARD FOR THEE: BILL C-50 AND THE NEGATIVE IMPACT IT “MAY’ HAVE ON IMMIGRANT HOPES, IMMIGRATION OBJECTIVITY, AND THE IMMIGRATION AND REFUGEE PROTECTION ACT OF 2002
George Jordan Ashkar

ASSESSING THE NEW WAVE: TRANSACTION COSTS OF WATER LAW REFORM IN LATIN AMERICA
Morgan McDonald

COMBATING OFFSHORE TAX EVASION: WHY THE UNITED STATES SHOULD BE ABLE TO PREVENT AMERICAN TAX EVADERS FROM USING SWISS BANK ACCOUNTS TO HIDE THEIR ASSETS
Carolyn Michelle Najera

……

Chicago Journal of International Law, Volume 11, Number 2, Winter 2011

Lawyers, Guns, and Money: The Governance of Business Activities in Conflict Zones
Simon Chesterman

Paradise Lost: § 10(b) after Morrison v National Australia Bank
Elizabeth Cosenza

The Limits of Constitutional Convergence
Rosalind Dixon & Eric A. Posner

Privileging Asymmetric Warfare? Part I: Defender Duties under International Humanitarian Law
Samuel Estreicher

The Church Abuse Scandal: Were Crimes Against Humanity Committed?
Dermot Groome

Financial Crises and Civil Society
Claire R. Kelly

Regionalism, Geography, and the International Legal Imagination
Carl Landauer

Proliferation of Regional Trade Agreements: Complementing or Supplanting Multilateralism?
Rafael Leal-Arcas

The Prisoners’ Dilemma Posed by Free Trade Agreements: Can Open Access Provisions Provide an Escape?
Meredith Kolsky Lewis

The Legitimating Role of Consent in International Law
Matthew Lister

Joint Intentions to Commit International Crimes
Jens David Ohlin

……

New Criminal Law Review, Volume 14, Number 1, Winter 2011

Terrorism and Criminal Law: The Dream of Prevention, the Nightmare of the Rule of Law
Manuel Cancio Meliá

A Comparison Between Continental European and Anglo-American Approaches to Overcriminalization and Some Remarks on How to Deal with It
Fernando Molina

……

Pepperdine Law Review, Volume 38, Number 2, February 2011

APPORTIONING RESPONSIBILITY AMONG JOINT TORTFEASORS FOR INTERNATIONAL LAW VIOLATIONS
ROGER P. ALFORD

INTERNATIONAL TOBACCO LITIGATION’S EVOLUTION AS A UNITED STATES TORTS LAW EXPORT: TO CANADA AND BEYOND?
RICHARD L. CUPP, JR.

WHAT THE UNITED STATES TAUGHT THE COMMONWEALTH ABOUT PURE ECONOMIC LOSS: TIME TO REPAY THE FAVOR
BRUCE FELDTHUSEN

SOME THOUGHTS ON LIBEL TOURISM
ANDREW R. KLEIN

COMPENSATION FOR ACCIDENTAL PERSONAL INJURY: WHAT NATIONS MIGHT LEARN FROM EACH OTHER
STEPHEN D. SUGARMAN

……

MUSLIM WORLD JOURNAL OF HUMAN RIGHTS

Volume 7,  Issue. 2 (2011)

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

Smith, Jane I

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

Koprowski, Agatha

……

­

THE INTERNATIONAL JOURNAL OF TRANSITIONAL JUSTICE

Volume. 5, Number 1 (March 2011)

Accounting for Famine at the Extraordinary Chambers in the Courts of Cambodia: The Crimes against Humanity of Extermination, Inhumane Acts and Persecution

Randle C. DeFalco

Questionable Associations: The Role of Forgiveness in Transitional Justice

Rebecca Saunders

Releasing Transitional Justice from the Technical Asylum: Judicial Reform in Guatemala seen through Techne and Phronesis

Marcos Zunino, Advance Access publication: 29 January 2011

Towards Victim-Centred Transitional Justice: Understanding the Needs of Families of the Disappeared in Postconflict Nepal

Simon Robins

Balancing International Justice in the Balkans: Surrogate Enforcers, Uncertain Transitions and the Road to Europe

Victor Peskin and Mieczysław P. Boduszyński, Advance Access publication: 13 February 2011

……

Willamette Journal of International Law and Dispute Resolution, Volume 17, Number 1, 2009

ARTICLES

  • INTERNATIONAL LAW WEEKEND 2009-II
  • UNDERSTANDING THE LIMITATIONS ON INVOKING THE COURTS-MARTIAL OPTION FOR TRYING CAPTURED TERRORISTS (GEOFFREY S. CORN) p.1
  • AFTER SOSA: THE FUTURE OF CUSTOMARY INTERNATIONAL LAW IN THE UNITED STATES (WILLIAM S. DODGE) p.21
  • UNITED PARCEL SERVICE, INC., V. GOVERNMENT OF CANADA: AN EXAMPLE OF A TREND IN THE ARBITRATION OF NAFTA-RELATED INVESTMENT DISPUTES (JAMES A. R. NAFZIGER AND ANGELA M. WANAK) p.49
  • PROSECUTING CORE CRIMES IN THE UNITED STATES: RECENT CHANGES AND PROSPECTS FOR 2010 (NAOMI ROHT-ARRIAZA) p.80
  • NAFTA AT 15 YEARS (MILOS BARUTCISKI) p.94
  • PANEL DISCUSSION
  • TAMING THE INTERNATIONAL CAPITAL MARKETS (CYNTHIA LICHTENSTEIN, MODERATOR) p.100
  • NOTE
  • ENFORCEMENT OF PUNITIVE DAMAGES AWARDS IN THE CONVENTION ON CHOICE OF COURT AGREEMENTS (ANTHONY GRAY) p.105

……

World Arbitration & Mediation Review, Volume 4, Number 2, 2010

  • ARBITRATION: THE END OF THE GOLDEN AGE? – PAPERS AND COMMENTS FROM THE 7TH ANNUAL ITA-ASIL CONFERENCE
  • INTRODUCTION (Leah D. Harhay) p.105
  • PAPERS
  • LEGISLATIVE THREATS TO THE HISTORICALLY STRONG RELATIONSHIP BETWEEN DOMESTIC AND INTERNATIONAL ARBITRATION IN THE U.S. (Rachael D. Kent) p.107
  • WHY ARE WE “RE-CALIBRATING” OUR INVESTMENT TREATIES? (José E. Alvarez) p.143
  • COMMENTS
  • THE EVOLUTION OF ARBITRATION WITH RESPECT TO CONSUMER AND EMPLOYEE DISPUTES (Richard W. Naimark) p.163
  • INTERNATIONAL ARBITRATION FROM THE CORPORATE PERSPECTIVE (Elpidio (“PD”) Villarreal) p.167
  • U.S. STATE DEPARTMENT SUBCOMMITTEE REPORT ON THE U.S. MODEL BIT—IDENTIFYING THE QUESTIONS RAISED (Jack J. Coe, Jr.) p.173
  • A DEFENSE OF THE 2004 UNITED STATES MODEL INVESTMENT TREATY (Barton Legum) p.177

……

Florida Journal of International Law, Volume 22, Number 3, December 2010

ARTICLES

  • TRADITIONAL MILITARY ACTIVITIES IN CYBERSPACE: PREPARING FOR “NETWAR” (Paul A. Walker) p.333
  • STANDARDIZATION IN CORPORATE SOCIAL RESPONSIBILITY REPORTING AND A UNIVERSALIST CONCEPT OF CSR?—A PATH PAVED WITH GOOD INTENTIONS (Iris H-Y Chiu) p.361
  • ACCOUNTABILITY IN THE GENERATION OF GOVERNANCE INDICATORS (Nikhil K. Dutta) p.401

NOTE

  • AN ANALYSIS OF THE EFFECTS AND REASONS FOR HAZARDOUS WASTE IMPORTATION IN INDIA AND ITS IMPLEMENTATION OF THE BASEL CONVENTION (Shaza Quadri) p.467

……

Public Interest Law Reporter, Volume 16, Number 1, Fall 2010

FEATURE

  • Obama Administration Withholds Funds for Drug War in Mexico Pending Human Rights Reform (Christina McMahon) p.10
  • To Many Iraqis, Suicide Bombing Less Worrisome than Graft (Tom McGettrick) p.27
  • Civil Gideon: The Poor Man’s Fight (Lee Shevell) p.32

FEATURE

  • Re-Stocking the Shelves: Policies and Programs Growing in Food Deserts (Tess Feldman) p.38
  • The World Wide Web: Not So World Wide After All? (Allison Lockhart) p.47
  • What’s Dampening Illegal Immigration? (Ilyas Lakada) p.69

……

Ohio Northern University Law Review, Volume 36, Number 3, 2010

  • Symposium Articles
  • REVIVING PRAGMATISM IN CONSTITUTIONAL LAW: U.S. OPPORTUNITIES AND SOUTH AFRICAN EXAMPLES (Mark S. Kende) p.679
  • THE MOTHER OF ALL HUMAN RIGHTS: THE CHILD’S RIGHT TO BE FREE OF CORPORAL PUNISHMENT AS HARD INTERNATIONAL LAW (Susan H. Bitensky) p.701
  • THE U.S. FIRST AMENDMENT VERSUS FREEDOM OF EXPRESSION IN OTHER LIBERAL DEMOCRACIES AND HOW EACH INFLUENCED THE DEVELOPMENT OF INTERNATIONAL LAW ON HATE SPEECH (Jean-Marie Kamatali) p.721

……

Law and Contemporary Problems, Volume 73, Number 4, Fall 2010

A MODERN LEGAL HISTORY OF SOVEREIGN DEBT

  • FOREWORD: OF LAWYERS, LEADERS, AND RETURNING RIDDLES IN SOVEREIGN DEBT (Anna Gelpem & G. Mitu Galati) i
  • ESSAY: RESTRUCTURING CORPORATE DEBT IN THE CONTEXT OF A SYSTEMIC CRISIS (Sean Hagan) p.1
  • ESSAY: SOVEREIGN SYNDICATED BANK CREDITS IN THE 1970s (Philip R. Wood) p.7
  • HERDING CATS: COLLECTIVE-ACTION CLAUSES IN SOVEREIGN DEBT—THE GENESIS OF THE PROJECT TO CHANGE MARKET PRACTICE IN 2001 THROUGH 2003 (Randal Quarles) p.29
  • LAWSUITS AND EMPIRE: ON THE ENFORCEMENT OF SOVEREIGN DEBT IN LATIN AMERICA (Faisal Z. Ahmed, Laura Alfaro, & Noel Maurer) p.39
  • THE EVOLUTION OF MODERN SOVEREIGN DEBT LITIGATION: VULTURES, ALTER EGOS, AND OTHER LEGAL FAUNA (Jonathan I. Blackman & Rahul Mukhi) p.47
  • RESPONSIBLE SOVEREIGN LENDING AND BORROWING (Lee C. Buchheit & G. Mitu Galati) p.63
  • TOWARD A COSMOPOLITAN ETHIC IN DEBT RESTRUCTURING (Carmen Amalia Corrales) p.93
  • CONSTRUCTING RESTRUCTURING: LEGAL NARRATIVE, LANGUAGE IDEOLOGY, AND THE FINANCIAL REHABILITATION OF IRAQ (Hadi Nicholas Deeb) p.109
  • COMPETITION IN THE UNDERWRITING MARKETS OF SOVEREIGN DEBT: THE BARING CRISIS REVISITED (Juan H. Flores) p.129
  • THE MARKET FOR ODIOUS DEBT (Caroline M. Gentile) p.151
  • ADDRESSING COLLECTIVE-ACTION PROBLEMS IN SECURITIZED CREDIT (Nancy P. Jacklin) p.175
  • DONEGAL V. ZAMBIA AND THE PERSISTENT DEBT PROBLEMS OF LOW-INCOME COUNTRIES (Thomas Laryea) p.193
  • PERU’S EXPERIENCE IN SOVEREIGN DEBT MANAGEMENT AND LITIGATION: SOME LESSONS FOR THE LEGAL APPROACH TO SOVEREIGN INDEBTEDNESS (Manuel Monteagudo) p.201
  • EXCHANGE STABILIZATION FUND LOANS TO SOVEREIGN BORROWERS: 1982-2010 (Russell Munk) p.215
  • COMPLEXITIES OF ADDRESSING INTEREST ARREARS IN A BRADY TRANSACTION: THE CASE OF THE REPUBLIC OF ARGENTINA 1992 FINANCING PLAN (Jeanne C. Olivier) p.241
  • WHEN BAD THINGS HAPPEN TO GOOD SOVEREIGN DEBT CONTRACTS: THE CASE OF ECUADOR (Arturo C. Porzecanski) p.251
  • THE REPUBLIC OF CONGO’S DEBT RESTRUCTURING: ARE SOVEREIGN CREDITORS GETTING THEIR VOICE BACK? (Mark B. Richards) p.273
  • REFLECTIONS ON THE BOSNIA DEBT RESTRUCTURING (Mark H. Stumpf) p.301
  • SOVEREIGN DEBT RENEGOTIATION: RESTRUCTURING THE COMMERCIAL DEBT OF HIPC DEBTOR COUNTRIES (Mark A. Walker & Barthélemy Faye) p.317
  • SOVEREIGN SUKUK: ADAPTATION AND INNOVATION (A. Roger Wedderburn-Day) p.325
  • CONTRACTING FOR STATE INTERVENTION: THE ORIGINS OF SOVEREIGN DEBT ARBITRATION (W. Mark C. Weidemaier) p.335
  • THE RETURN OF CAPITAL CONTROLS? (Andrew Yianni & Carlos de Vera) p.357
  • Columbia Journal of Law and Social Problems, Volume 44, Number 2, Winter 2010
  • RIGHT TO REMEDIES AND THE INCONVENIENCE OF FORUM NON CONVENIENS: OPENING U.S. COURTS TO VICTIMS OF CORPORATE HUMAN RIGHTS ABUSES p.145
  • Human Rights & Globalization Law Review, Volume 3, Fall 2009/Spring 2010

ARTICLES

  • A SUSTAINABLE FUTURE: A PROPOSAL FOR IMPROVING THE EFFECTIVENESS OF FARMER FIELD SCHOOLS IN INDONESIA AND GHANA (Gwendolyn K. Nightengale) p.9
  • THE GLOBALIZATION OF THE STUDENT LAWYER: A LAW STUDENT PRACTICE RULE FOR INDIGENT CRIMINAL DEFENSE IN SUB-SAHARAN AFRICA (Andrew Novak) p.33
  • POLITICS AND ECONOMIC DEVELOPMENT IN AFRICA: INCORPORATING THE INFLUENCE OF THE FOR POPULAR PARTICIPATION ON ASSESSMENT (Philip C. Aka) p.79

……

Commonwealth Law Bulletin, Volume 37, Number 1, 2011

Articles

  • The theory and practice: the universality and utilitarianism of human rights and the selectivity of fundamental human rights (Mohammed Enesi Etudaiye) p.3-37
  • The Commonwealth of Nations today: historical anachronism or focus for universal values? (Michael Kirby) p.39-59
  • Child labour: ground realities of Indian labour laws (Nehaluddin Ahmad) p.61-74
  • The death penalty in Ghanaian law and practice: can its retention in contemporary time be justified? (Oswald K. Seneadza) p.115-133
  • Canadian federalism and treaty powers: organic constitutionalism at work (Martin Freeman) p.210-213

……

African Yearbook of International Law, Volume 16, 2008

SPECIAL THEME: INTERNATIONAL MIGRATION IN AFRICA

  • Introduction: Concepts, Practice and Policies of International Migration in Africa (Ibrahim Awad) p.3-23
  • Formulating Migration Policy at the Regional, Sub-Regional and National Levels in Africa (Aderanti Adepoju) p.25-52
  • Regional Integration Policy and Migration Reform in SADC Countries: An Institutional Overview of Power Relations (Aurelia Wa Kabwe-Segatti) p.53-78
  • Politiques de codéveloppement et le champ associatif immigré africain: un panorama européen (Thomas Lacroix) p.79-98
  • La gestion des migrations internationales au Niger: défis, enjeux et perspectives (Harouna Mounkaila & Hamidou Issaka Maga) p.99-124
  • Explaining Violence Against Foreigners and Strangers in Urban South Africa: Outbursts During May and June 2008 (Simon Bekker) p.125-149
  • The Protection of Refugees Between Obligations under the United Nations Charter and Specific Treaty Obligations: The Case of Egypt (Tarek Badawy) p.151-196
  • International Migration and Human Rights (Ibrahim Wani) p.197-210

GENERAL ARTICLES

  • Corruption and the Violation of Human Rights: The Case for Bringing the African Union Convention on Prevention and Combating Corruption Within the Jurisdiction of the African Court on Human and Peoples’ Rights (Melissa Khemani) p.213-234
  • The Doctrine of Permanent Sovereignty over Natural Resources in International Law and its Practice in Developing Cοuntries: The Case of Mining Sector in Tanzania (Charles Riziki Majinge) p.235-268
  • Yesterday’s Mistakes Still Today’s News: The Persisting Cloud of Humanitarian Violations Over United Nations Peacekeeping: A New Agenda for Accountability (Jackson Nyamuya Maogoto) p.269-298
  • Water Resources in the Sudan North-South Peace Process: Past Experience and Future Trends (Salman M. A. Salman) p.299-328

NOTES AND COMMENTS

  • Nature et portée des exceptions relatives au développement durable dans les accords internationaux d’investissement (Suzy H. Nikièma) p.331-371
  • Sur le principe d’une obligation des Etats africains de se « démocratiser » : éléments de droit constitutionnel et de droit international public (Abdoulaye Soma) p.373-407
  • Right to Education and Equality of Opportunity in Education: An Analysis of Constitutional Obligations in African States (Kishore Singh) p.409-437
  • BOOK REVIEWS
  • Mohamed Bedjaouí, « L’humanité en quête de paix et de développement. Cours général de droit international public (2004) », Recueil des cours de l Ácadémie de droit international, Tomes 324 et 325, 2006. (Fatsah Ouguergouz) p.441-459

……

Sustainable Development Law & Policy, Volume 10, Number 3, Spring 2010

  • JOINING THE CONVENTION ON BIOLOGICAL DIVERSITY: A LEGAL AND SCIENTIFIC OVERVIEW OF WHY THE UNITED STATES MUST WAKE UP (William J. Snape, III) p.6
  • THE RELATIONSHIP BETWEEN THE ACCESS AND BENEFIT SHARING INTERNATIONAL REGIMEN AND OTHER INTERNATIONAL INSTRUMENTS: THE WORLD TRADE ORGANIZATION AND THE INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS (Jorge Cabrera Medaglia) p.24
  • GETTING ON THE LIST: POLITICS AND PROCEDURAL MANEUVERING IN CITES APPENDIX I AND II DECISION FOR COMMERCIALLY EXPLOITED MARINE AND TIMBER SPECIES (Melissa Blue Sky) p.35
  • FEATURES:
  • LIVESTOCK ANIMAL CLONING: THIS STEAK IS GIVING ME DEJA VU (Blake M. Mensing) p.17
  • USING THE CLEAN WATER ACT TO PROTECT OUR OCEANS’ BIODIVERSITY (Kate Halloran) p.23
  • USING REDD TO PROMOTE BIODIVERSITY-SENSITIVE FOREST FIRE MANAGEMENT SCHEMES (Alex Hoover) p.34

……

Tilburg Law Review, Volume 15, Number 1, 2010

  • Balancing the right to a remedy and the needs of governance: The doctrine of limitation of rights as a framework for the development of domestic remedies for economic, social and cultural rights p.15
  • Judicial Misgivings Regarding the Application of International Law: An Analysis of the Attitudes of National Courts. A Reply to Eyal Benvenisti p.39
  • The Principle of Distinction in Virtual War: Restraints and Precautionary Measures under International Humanitarian Law p.69
  • Legitimate Expectations in Investment Treaty Arbitration: An unclear future p.93

……

Victoria University of Wellington Law Review, Volume 41, Number 4, December 2010

  • A Capital Opportunity: Creating a New Zealand Jurisprudence in Public and International Law (Hon David Baragwanath) p.703

……

Alberta Law Review, Volume 48, Number 2, December 2010

ARTICLES

  • NEW AND EMERGING ISSUES ARISING OUT OF THE BANKRUPTCY OR INSOLVENCY OF ENERGY COMPANIES: THE IMPACT OF THE LATEST RECESSION (Josef G.A. Krüger, Q.C. & R.J. Daniel Gilborn) p.221
  • THE CANADIAN ARCTIC: THE CHANGING SEASCAPE OF OFFSHORE OIL AND GAS EXPLORATION ISSUES (Wylie Spicer, Q.C. & Tanya Bath) p.255
  • THE ALBERTA LAND STEWARDSHIP ACT AND ITS IMPACT ON ALBERTA’S OIL AND GAS INDUSTRY (Alan Harvie & Trent Mercier) p.295
  • WHAT HAPPENS WHEN DEVELOPERS CAN’T DEVELOP: CAN AND SHOULD RESOURCE DEVELOPERS BE COMPENSATED WHEN THEY CAN’T DEVELOP THEIR ASSETS? (Shawn H.T. Denstedt & Ryan V. Rodier) p.331

……

Vanderbilt Journal of Transnational Law, Volume 44, Number 1, January 2011

ARTICLES

  • Managing Forced Displacement by Law in Africa: The Role of the New African Union IDPs Convention (Won Kidane) p.1
  • Torture in the Eyes of the Beholder: The Psychological Difficulty of Defining Torture in Law and Policy (Mary-Hunter Morris McDonnell, Loran F. N….) p.87
  • A Club of Incumbents? The African Union and Coups d’État (Eki Yemisi Omorogbe) p.123

NOTES

  • Rethinking Jurisdictional Discovery Under the Hague Evidence Convention (Kathleen Braun Gilchrist) p.155
  • The United States-El Salvador Extradition Treaty: A Dated Obstacle in the Transnational War Against Mara Salvatrucha (MS-13) (Kelly Padgett Lineberger) p.187

……

Gonzaga Journal of International Law, Volume 13, Issue 2, 2009-2010

  • The Future of the Korean and European Union Constitutions: A Comparative Analysis of Rights of the Accused (Donald D.A. Schaefer)
  • A Call for Change: The Military Extraterritorial Jurisdiction Act (First Lieutenant James E. Hartney)

……

International Journal of Legal Information, Volume 37, Number 3, Winter 2009

ARTICLES

  • Accessing Legal Information Across Boundaries: A New Challenge (Ginevra Peruginelli) p.276
  • Teaching Foreign and International Legal Research at Wuhan University (Wuda) Law School (Roy L. Sturgeon) p.306
  • Permanent Digital Legal Information: Disappearing Urls and Preservation of Digital Objects Cited in Court Decisions (Sasha Skenderija) p.317
  • Implementing Legal Information Literacy: A Challenge for the Curriculum (Ben Beljaars) p.322
  • Basic Indian Legal Literature for Foreign Legal Professionals (Uma Narayan) p.335
  • Internet Governance: A Developing Nation’s Call for Administrative Legal Reform (Surya Mani Tripathi, Anshu Pratap Singh, and Dipa Dubez) p.370
  • Legal Impediments on the Practical Implementation of the Child Right Act 2003 (Olayinka Silas Akinwumi) p.387

BOOK REVIEWS

  • Customary Law of the Internet: In the Search for a Supranational Cyberspace Law (Kevin Baggett) p.399
  • International Law, 6th ed (Lucy Cox) p.401
  • The African Charter on Human and Peoples’ Rights: The System in Practice, 1986-2006 (Victor Essien) p.402
  • The Rise and Fall of the EU’s Constitutional Treaty (Heather Hamilton) p.405
  • Charlemagne: The Formation of a European Identity (Dean C. Rowan) p.407
  • The Europeanisation of International Law: The Status of International Law in the EU and its Member States (Ronald C. Timmons) p.412

……

Virginia Journal of International Law, Volume 51, Number 3, Spring 2011

ARTICLES

  • The Flaws of Foreign Affairs Legalism (Daniel Abebe & Eric A. Posner) p.507
  • Iraq and the Mili tary Detention Debate: Firsthand Perspectives from the Other War, 2003-2010 (Robert M. Chesney) p.549
  • Global Food Safety: Exploring Key Elements for an International Regulatory Strategy (Ching-Fu Lin) p.637

NOTES

  • International Management of a High Seas Fishery: Political and Property-Rights Solutions and the Atlantic Bluefin (Seth Korman) p.697
  • Shifting Sands: Cost-and-Fee Allocation in International Investment Arbitration (David Smith) p.749

……

Cardozo Journal of Conflict Resolution, Volume 12, Number 1, Fall 2010

Articles

  • Eleventh Annual International Advocate for Peace Award Ceremony
  • International Advocate for Peace Award Acceptance Speech (Ambassador Stuart E. Eizenstat) p.143

Notes

  • Restoring Human Trafficking Victims Through Victim-Offender Dialogue (Carina Patritti) p.217
  • Online Dispute Resolution with China: Advantageous, But at What Cost? (Jennifer Sackin) p.245

……

Boston College Third World Law Journal, Volume 31, Number 1, Winter 2011

ARTICLES

  • Women and Children Last: The Prosecution of Sex Traffickers as Sex Offenders and the Need for a Sex Trafficker Registry (Geneva Brown) p.1
  • The Right to Be Heard: Voicing the Due Process Right to Counsel for Unaccompanied Alien Children (Linda Kelly Hill) p.41
  • Sinners or Saints: Child Soldiers and the Persecutor Bar to Asylum After Negusie v. Holder (Bryan Lonegan) p.71

NOTES

  • The Hague Convention on the Civil Aspects of International Child Abduction: The Need for Mechanisms to Address Noncompliance (Caitlin M. Bannon) p.129

……

Yale Journal of International Law, Volume 36, Number 1, Winter 2011

Articles

  • The Rise and Fall of Comparative Constitutional Law in the Postwar Era (David Fontana) p.1
  • Rights Beyond Borders (Chimène I. Keitner) p.55
  • BITs and Pieces of Property (Amnon Lehavi & Amir N. Licht) p.115
  • Note Aligning Incentives for Development: The World Bank and the Chad-Cameroon Oil Pipeline (Annalisa M. Leibold) p.167

Comment

  • Coastal State Jurisdiction Under UNCLOS: The Shen Neng 1 Grounding on the Great Barrier Reef (Chelsea Purvis) p.207
  • Recent Publications p.219

……

Loyola Law and Technology Annual, Volume 9, Number 1, 2009-2010

ARTICLES

  • How China Succeeded in Protecting Olympic Trademarks and Why This Success May Not Generate Immediate Improvements in I ntellectual Property Protection in China (Aileen M. McGill) p.1
  • The Copyright Tree: Using German Moral Rights as the Roots for Enhanced Authorship Protection in the United States (Aaron D. White) p.30
  • The Gene Wars: Science, the Law and the Human Genome (Omid E. Khalifeh) p.91

……

Georgetown Journal of Law & Public Policy, Volume 9, Number 1, Winter 2011

Articles

  • The Just Society and the Liberal State: Classical and Contemporary Liberalism and the Problem of Consent (Evelyn Keyes) p.1
  • Neither By Treaty, Nor By Custom: Through the Doha Declaration, the World Rejects Claimed International Rights to Abortion and Same-Sex Marriage, Affirming Traditional Understandings of Human Rights (William L. Saunders) p.67

Notes

  • Religion and the Sweet Mysteries of Life: Religious Liberty in the Lawrence Due Process Fram ework (Travis Jett) p.157

……

DePaul Journal for Social Justice, Volume 4, Number 1, Fall 2010

  • The UN Security Council Ad Hoc Rwanda Tribunal: International Justice or Juridicially-Constructed “Victor’s Impunity”? (Peter Erlinder) p.131

……

Law and Development Review

Volume 4, Number 2 (2011)

Introduction
Yong-Shik Lee

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

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

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

Special and Differential Treatment, Trade and Sustainable Development
Maureen Irish

International Development Disputes
Tomer Broude

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

……

IGENTA Database Articles on International Law

(Mar. 15, 2011)

Record 1.

TI: International comparative analyses of healthcare risk management

AU: Sun, Niuyun; Wang, Li; Zhou, Jun; Yuan, Qiang; Zhang, Zongjiu; Li, Youping; Liang, Minghui; Cheng, Lan; Gao, Guangming; Cui, Xiaohui

JN: Journal of Evidence-Based Medicine

PD: February 2011

VO: 4

NO: 1

PG: 22-31(10)

PB: Blackwell Publishing Asia

IS: 1756-5383

URL: http://www.ingentaconnect.com/content/bpl/jebm/2011/00000004/00000001/art00005

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

Record 2.

TI: The UK’s dysfunctional relationship with medical migrants: the Daniel Ubani case and reform of out-of-hours services

AU: Simpson, Julian M; Esmail, Aneez

JN: British Journal of General Practice

PD: 1 March 2011

VO: 61

NO: 584

PG: 208-211(4)

PB: Royal College of General Practitioners

IS: 0960-1643

URL: http://www.ingentaconnect.com/content/rcgp/bjgp/2011/00000061/00000584/art00017

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

Record 3.

TI: Consistency in the Armed Enforcement of Human Rights: A Moral Necessity?

AU: Dobos, Ned

JN: Journal of Moral Philosophy

PD: February 2011

VO: 8

NO: 1

PG: 92-109(18)

PB: BRILL

IS: 1740-4681

URL: http://www.ingentaconnect.com/content/brill/jmp/2011/00000008/00000001/art00006

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

Record 4.

TI: International Ethics and the Responsibility to Protect

AU: Doyle, Michael W.

JN: The International Studies Review

PD: March 2011

VO: 13

NO: 1

PG: 72-84(13)

PB: Blackwell Publishing Ltd

IS: 1521-9488

URL: http://www.ingentaconnect.com/content/bpl/misr/2011/00000013/00000001/art00009

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

Record 5.

TI: An Elementary Consideration of Humanity? Linking Trade-Related Intellectual Property Rights to the Human Right to Health in International Law

AU: Forman, Lisa

JN: The Journal of World Intellectual Property

PD: March 2011

VO: 14

NO: 2

PG: 155-175(21)

PB: Blackwell Publishing Ltd

IS: 1422-2213

URL: http://www.ingentaconnect.com/content/bsc/jwip/2011/00000014/00000002/art00003

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

Record 6.

TI: Cultural values and gender gap: a cross-national analysis

AU: Yeganeh, Hamid; May, Diane

JN: Gender in Management: An International Journal

PD: 15 March 2011

VO: 26

NO: 2

PG: 106-121(16)

PB: Emerald Group Publishing Limited

IS: 1754-2413

URL: http://www.ingentaconnect.com/content/mcb/gm/2011/00000026/00000002/art00001

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

Record 7.

TI: The Tenth Anniversary of the Chinese Journal of International Law

AU: Yee, Sienho

JN: Chinese Journal of International Law

PD: March 2011

VO: 10

NO: 1

PG: 1-1(1)

PB: Oxford University Press

IS: 1540-1650

URL: http://www.ingentaconnect.com/content/oup/chjil/2011/00000010/00000001/art00001

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

Record 8.

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

AU: Gray, Christine

JN: Chinese Journal of International Law

PD: March 2011

VO: 10

NO: 1

PG: 35-53(19)

PB: Oxford University Press

IS: 1540-1650

URL: http://www.ingentaconnect.com/content/oup/chjil/2011/00000010/00000001/art00003

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

Record 9.

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

AU: Shen, Wei

JN: Chinese Journal of International Law

PD: March 2011

VO: 10

NO: 1

PG: 55-95(41)

PB: Oxford University Press

IS: 1540-1650

URL: http://www.ingentaconnect.com/content/oup/chjil/2011/00000010/00000001/art00004

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

Record 10.

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

AU: Tamura, Eriko

JN: Chinese Journal of International Law

PD: March 2011

VO: 10

NO: 1

PG: 129-140(12)

PB: Oxford University Press

IS: 1540-1650

URL: http://www.ingentaconnect.com/content/oup/chjil/2011/00000010/00000001/art00006

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

Record 11.

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

AU: Wewerinke, Margreet; Doebbler, Curtis F.J.

JN: Chinese Journal of International Law

PD: March 2011

VO: 10

NO: 1

PG: 141-160(20)

PB: Oxford University Press

IS: 1540-1650

URL: http://www.ingentaconnect.com/content/oup/chjil/2011/00000010/00000001/art00007

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

Record 12.

TI: The International Law of the Sea

AU: Tanaka, Yoshifumi

JN: Chinese Journal of International Law

PD: March 2011

VO: 10

NO: 1

PG: 173-175(3)

PB: Oxford University Press

IS: 1540-1650

URL: http://www.ingentaconnect.com/content/oup/chjil/2011/00000010/00000001/art00010

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

Record 13.

TI: Compliance surveys: an effective tool to validate smoke-free public places in four jurisdictions in India [Notes from the field]

AU: Lal, P.G.; Wilson, N.C.; Singh, R.J.

JN: The International Journal of Tuberculosis and Lung Disease

PD: April 2011

VO: 15

NO: 4

PG: 565-566(2)

PB: IUATLD

IS: 1027-3719

URL: http://www.ingentaconnect.com/content/iuatld/ijtld/2011/00000015/00000004/art00027

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

Record 14.

TI: Insulating the Constitution: Yong Vui Kong v Public Prosecutor [2010] SGCA 20

AU: Ganesh, Aravind

JN: Oxford University Commonwealth Law Journal

PD: Winter 2010

VO: 10

NO: 2

PG: 273-292(20)

PB: Hart Publishing

IS: 1472-9342

URL: http://www.ingentaconnect.com/content/hart/ouclj/2010/00000010/00000002/art00005

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

Record 15.

TI: The ‘New Protectionism’: Industrial Policy Barriers to Cross-Border Mergers and Acquisitions

AU: Hemphill, Thomas A.

JN: Competition Change

PD: June 2010

VO: 14

NO: 2

PG: 124-148(25)

PB: Maney Publishing

IS: 1024-5294

URL: http://www.ingentaconnect.com/content/maney/com/2010/00000014/00000002/art00003

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

Record 16.

TI: Corporate Mobility in Private International Law and European Community Law: Debunking Some Myths

AU: Panayi, Christiana HJI

JN: Yearbook of European Law

PD: 2009

VO: 28

NO: 1

PG: 123-176(54)

PB: Oxford University Press

IS: 0263-3264

URL: http://www.ingentaconnect.com/content/oup/yel/2009/00000028/00000001/art00005

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

Record 17.

TI: The Preliminary Reference Procedure and Questions of International and National Law

AU: Broberg, Morten

JN: Yearbook of European Law

PD: 2009

VO: 28

NO: 1

PG: 362-389(28)

PB: Oxford University Press

IS: 0263-3264

URL: http://www.ingentaconnect.com/content/oup/yel/2009/00000028/00000001/art00010

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

Record 18.

TI: Freedom to Choose the Legal Means for Implementing UN Security Council Resolutions and the ECJ Kadi Judgment: A Misplaced Argument Hindering the Enforcement of International Law in the EC

AU: Pavoni, Riccardo

JN: Yearbook of European Law

PD: 2009

VO: 28

NO: 1

PG: 626-636(11)

PB: Oxford University Press

IS: 0263-3264

URL: http://www.ingentaconnect.com/content/oup/yel/2009/00000028/00000001/art00021

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

Record 19.

TI: Is the ECJ Ruling in Kadi Incompatible with International Law?

AU: Scheinin, Martin

JN: Yearbook of European Law

PD: 2009

VO: 28

NO: 1

PG: 637-653(17)

PB: Oxford University Press

IS: 0263-3264

URL: http://www.ingentaconnect.com/content/oup/yel/2009/00000028/00000001/art00022

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

Record 20.

TI: Binding the EU to International Human Rights Law

AU: de Jesus Butler, Israel; De Schutter, Olivier

JN: Yearbook of European Law

PD: 2008

VO: 27

NO: 1

PG: 277-320(44)

PB: Oxford University Press

IS: 0263-3264

URL: http://www.ingentaconnect.com/content/oup/yel/2008/00000027/00000001/art00010

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

Record 21.

TI: Specialised Anti-Corruption Institutions: Review of Models Edition complete – ISBN 9789264039803 – Fr. a paraitre

AU:

JN: SourceOCDE Economies en transition

PD: March 2008

VO: 2008

NO: 2

PG: i-144(145)

PB: Organisation for Economic Co-operation and Development

IS: 1683-2450

URL: http://www.ingentaconnect.com/content/oecd/16832450/2008/00002008/00000002/2808032e

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

Record 22.

TI: Specialised Anti-Corruption Institutions: Review of Models Complete Edition – ISBN 9789264039803

AU:

JN: SourceOECD Transition Economies

PD: March 2008

VO: 2008

NO: 2

PG: i-144(145)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0157

URL: http://www.ingentaconnect.com/content/oecd/16080157/2008/00002008/00000002/2808031e

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

Record 23.

TI: Specialised Anti-Corruption Institutions: Review of Models Complete Edition – ISBN 9789264039803

AU:

JN: SourceOECD Emerging Economies

PD: March 2008

VO: 2008

NO: 4

PG: i-144(145)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0173

URL: http://www.ingentaconnect.com/content/oecd/16080173/2008/00002008/00000004/2808031e

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

Record 24.

TI: Specialised Anti-Corruption Institutions: Review of Models Complete Edition – ISBN 9789264039803

AU:

JN: SourceOECD Governance

PD: March 2008

VO: 2008

NO: 4

PG: i-144(145)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0246

URL: http://www.ingentaconnect.com/content/oecd/16080246/2008/00002008/00000004/2808031e

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

Record 25.

TI: Specialised Anti-Corruption Institutions: Review of Models Edition complete – ISBN 9789264039803 – Fr. a paraitre

AU:

JN: SourceOCDE Economies emergentes

PD: March 2008

VO: 2008

NO: 4

PG: i-144(145)

PB: Organisation de Coopération et de Développement Economiques

IS: 1683-2329

URL: http://www.ingentaconnect.com/content/oecd/16832329/2008/00002008/00000004/2808032e

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

Record 26.

TI: Specialised Anti-Corruption Institutions: Review of Models Edition complete – ISBN 9789264039803 – Fr. a paraitre

AU:

JN: SourceOCDE Gouvernance

PD: March 2008

VO: 2008

NO: 4

PG: i-144(145)

PB: Organisation for Economic Co-operation and Development

IS: 1683-2388

URL: http://www.ingentaconnect.com/content/oecd/16832388/2008/00002008/00000004/2808032e

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

Record 27.

TI: Principles of Reception of International Law in Community Law

AU: Holdgaard, Rass

JN: Yearbook of European Law

PD: 2006

VO: 25

NO: 1

PG: 263-314(52)

PB: Oxford University Press

IS: 0263-3264

URL: http://www.ingentaconnect.com/content/oup/yel/2006/00000025/00000001/art00007

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

Record 28.

TI: Social Contingency: An Avenue for Engaging Regulation Theory with System Theory

AU: Kessler, Oliver

JN: Competition Change

PD: June 2006

VO: 10

NO: 2

PG: 213-229(17)

PB: Maney Publishing

IS: 1024-5294

URL: http://www.ingentaconnect.com/content/maney/com/2006/00000010/00000002/art00008

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

Record 29.

TI: HOW FAR OFFSHORE? MONACO AS A FINANCIAL CENTRE

AU: DONAGHY, MATTHEW; CLARKE, MICHAEL

JN: Competition Change

PD: March 2003

VO: 7

NO: 1

PG: 3-21(19)

PB: Maney Publishing

IS: 1024-5294

URL: http://www.ingentaconnect.com/content/maney/com/2003/00000007/00000001/art00001

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

Record 30.

TI: Multilateralism, bilateralism and unilateralism: a critical commentary on the EU’s triple-track approach to the international dimension of competition policy

AU: Davison, Leigh; Johnson, Debra

JN: European Business Review

PD: 1 February 2002

VO: 14

NO: 1

PG: 7-19(13)

PB: Emerald Group Publishing Limited

IS: 0955-534X

URL: http://www.ingentaconnect.com/content/mcb/054/2002/00000014/00000001/art00001

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

Record 31.

TI: International complications

AU: Seadle, Michael

JN: Library Hi Tech

PD: 1 September 1999

VO: 17

NO: 3

PG: 326-332(7)

PB: Emerald Group Publishing Limited

IS: 0737-8831

URL: http://www.ingentaconnect.com/content/mcb/238/1999/00000017/00000003/art00013

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

IV. Blogs (select items)

Peter Spiro, Takeaways from the Raymond Davis Episode, Opinio Juris (Mar. 16, 2011)

Dan Firger, Europe’s Climate Roadmap, Climate Law Blog (Mar. 16, 2011)

Louis M. Soloman, The Risks That Technology Poses To Discovery in International Litigation, OneWorld: International Practice Blog (Mar. 16, 2011)

Gregory Toloraya, No Way North for Japan: Kuril Islands Fracture Russo-Japan Relations, East Asia Forum (Mar. 16, 2011)

Gabor Rona, A Fine Precedent for Obama Military Commissions, Human Rights First (Mar. 16, 2011)

John Hemmings, Kuril Islands Dispute: Russo-Japan Relations at Their Lowest Ebb Since the Cold War, East Asia Forum (Mar. 15, 2011)

Rosalind English, Libel Tourists Beware – Reform is on its Way, UK Human Rights Blog (Mar. 16, 2011)

Fernando Teson, War and Liberty, Bleeding Heart Libertarians (Mar. 15, 2011)

Roger Alford, Guatemalans Bring Class Action Against United States for Syphilis Medical Experiments, Opinio Juris (Mar. 15, 2011)

Bruce Ackerman, A Statement of Private Manning’s Detention, Balkanization (Mar. 15, 2011)

Edith Garwood, March 21st Key Date in Human Rights Council for Gaza Conflict Victims, Human Rights Now (Mar. 15, 2011)

Elizabeth Ashamu, African Commission Challenge to CIA Rendition, IntLawGrrls (Mar. 15, 2011)

Jayshree Bajoria, The Dilemma of Humanitarian Intervention, Council on Foreign Relations Backgrounder (Mar. 14, 2011)

Paoloa Garcia Rey, Domestic Violence as a Human Rights Violation, ACLU Blog of Rights (Mar. 14, 2011)

Jorge G. Castañeda, The Trouble with BRICs, Deep Dive (Mar. 14, 2011)

Jeffrey D. McCausland, Change in the Middle East: A Longer View, Carnegie Council (Mar. 14, 2011)

CA, Libya and the International Criminal Court (ICC), Peace Palace Library (Mar. 14, 2011)

Former State Dept. Chief P.J. Crowley’s Statement on Resignation, ACSblog (Mar. 14, 2011)

Michael Davidson, Promoting Clean Energy Through Strategic International Cooperation, NRDC Switchboard (Mar. 14, 2011)

Jack Goldsmith, My Last Word on Article 75, Lawfare (Mar. 14, 2011)

Melina Padron, A Reform Too Far? The Human Rights Roundup, UK Human Rights Blog (Mar. 14, 2011)

John Bellinger, Further Thoughts on the White House Statement About Article 75, Lawfare (Mar. 13, 2011)

Cindy Galway Buys, WTO AB Issues Report in US-China Anti-Dumping and CDV Dispute, International Law Prof Blog (Mar. 13, 2011)

William A. Schabas, Denial of Residence to HIV Positive Individual is Discrimination Under the European Convention of Human Rights, PhD Studies in Human Rights (13 Mar 2011)

Ross Garnaut, Climate Change: Where Are We At Globally Now?, East Asia Forum (Mar. 13, 2011)

Mia Swart, African Lessons on Terror Detention, IntLawGrrls (Mar. 12, 2011)

Peggy McGuinness, The Libya Crisis and the ICC, Opinio Juris (Mar. 11, 2011)

Kevin Jon Heller, Why the US Declaration on AP I Will Not Prevent the Admission of Hearsay, Opino Juris (Mar. 11, 2011)

Kevin Jon Heller, Darfuri Rebels to Stand Trial (Maybe), Opinio Juris (Mar. 11, 2011)

Taryn Kiekow, Iceland’s Whaling Draws International Rebuke, NRDC Switchboard (Mar. 11, 2011)

Simon Lester, The Appellate Body and Double Remedies, International Economic Law and Policy Blog (Mar. 11, 2011)

Simon Lester, New AD/CVD Proposals in Australia: Burden Shifting and Presumptions, International Economic Law and Policy Blog (Mar. 11, 2011)

Kenneth Anderson, Does French Recognition Have Any International Law Consequences?, Opinio Juris (Mar. 11, 2011)

Louis M. Solomon, U.S. District Court Preliminarily Enjoins Non-U.S. Plaintiffs From Enforcing Non-U.S. Judgment Against U.S. Company, OneWorld: International Practice Blog (Mar. 11, 2011)

Jaya Ramji-Nogales, Selecting Special Rapporteurs, IntLawGrrls (Mar. 11, 2011)

Jack Goldsmith, Why I Think the Obama Administration Did Not Extend Article 75 to Terrorists, Lawfare (Mar. 11, 2011)

William A. Schabas, Indigenous Peoples and International Criminal Law, PhD Studies in Human Rights (11 Mar 2011)

Conor McCarthy, What Happens to the Gaddafis’ Fortune? Could Frozen Assets be used to Satisfy Claims for Reparation?, EJIL: Talk! (Mar. 11, 2011)

Kenneth Anderson, France Recognizes Libyan Rebels? And a Comment on the Obama Administration’s Vacillations, Volokh Conspiracy (Mar. 10, 2011)

Robert Chesney, Cully Stimson on Art. 75 and Its Implications for Hearsay in Military Commissions, Lawfare (Mar. 10, 2011)

Jack Goldsmith, Libya, Domestic Authority, and the Proper Analogy, Lawfare (Mar. 10, 2011)

Simon Lester, Precluding the Wrongfulness of Countermeasures, International Economic Law and Policy Blog (Mar. 10, 2011)

Beth Van Schaack, Libya and the Codification of the Crime of Agression, IntLawGrrls (Mar. 10, 2011)

Marcos Simons, Latest Developments in Chevron/Ecuador Litigation and the Kiobel Case, EarthRights (Mar. 10, 2011)

Roger Alford, Federal Court Issues Anti-Suit Injunction Against Ecuador Plaintiffs, Opinio Juris (Mar. 9, 2011)

Kristen Boon, UN Releases Comments on Draft Articles on Responsibility of International Organizations, Opinio Juris (Mar. 9, 2011)

Marko Milanovic, Article 75 AP I and US Opinio Juris, EJIL: Talk! (Mar. 9, 2011)

Diane Marie Amman, Terrorism Said to be Defined, IntLawGrrls (Mar. 9, 2011)

Kenneth Anderson, Chevron Wins Again, Volokh Conspiracy (Mar. 9, 2011)

Bruce Ackerman and Oona Hathaway, It’s Not Up to the President to Impose a No Fly Zone Over Libya, Huffington Post (Mar. 9, 2011)

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

International Judicial Academy, International Judicial Monitor (Winter 2001 Issue, accessed Mar. 16, 2011)

Foundation for International Environmental Law and Development, Updated REDD-Plus Guide (Mar. 15, 2011)

American Bar Association Section of International Law, Human Rights e-Brief, Issue No. 442 (14 Mar 2011)

Public International Law and Policy Group, War Crimes Prosecution Watch, Vol. 5, Issue 25 (Mar. 14, 2011)

Security Council Report, Update Report Libya (No. 1, 14 Mar 2011)

United Nations Educational, Scientific and Cultural Organization, Web Portal on Education for Sustainable Development (11 Mar 2011)(webtool)

IISD Reporting Services, MEA Bulletin, Issue 111 (11 Mar 2011)

Public International Law and Policy Group, Peace Negotiations Watch, Vol. X, No. 10 (Mar. 11, 2011)

United Nations Framework Convention on Climate Change Secretariat, Submissions from Parties in 2011 (Mar. 2011)(webtool)

United Nations Economic Commission for Europe, UNECE Weekly, Issue No 414 (7-11 Mar 2011)

American Society of International Law, IL.post (Mar. 9, 2011)

International Centre for Trade and Sustainable Development, Bridges Weekly Digest, Vol. 15, No. 8 (9 Mar 2011)

Secretariat of the Convention on Biological Diversity and Deutsche Gesellschaft für Internationale  Zusammenarbeit, Biodiversity and Livelihoods: REDD-plus Benefits (2011)

Hoover Institution, Future Challenges in National Security and Law, Hoover Institution (Mar. 2011)

South Pacific Regional Environment Programme, Pacific Regional Environment Programme strategic plan 2011-2015 (Mar. 2011)

Silke Weinlich, Reform of the UN development system: new multilateralist reform coalition needed, Deutsches Institut für Entwicklungspolitik (Briefing Paper 1, Mar. 2011)

Center for People and Forests, People and Forests e-News (Mar. 2011)

United Nations Industrial Development Organization, Making It Ebulletin (1st Quarter, 2011)

Closing the Guantanamo Detention Center: The Legal Issues, Congressional Research Reports (Feb. 11, 2011)

Centre for People and Forests and Deutsche Gesellschaft für Internationale Zusammenarbeit, Free, Prior, and Informed Consent in REDD+: Principles and Approaches for Policy and Project Development (Feb. 2011)

International Union for the Conservation of Nature, Arborvitae (Issue 43, 2011)

Antarctic and Southern Ocean Coalition Secretariat, Scientists’ Consensus Statement on Protection of the Ross Sea (June 14, 2010)

VI. Podcasts/Videos

Julie Noce, Pakistan Waives American Immunity, Reuters Video (Mar. 14, 2011)

VII. Documents/Negotiations

UN-REDD Programme, Sixth Policy Board Documents (21-22 Mar 2011)

UN General Assembly, Debate on Least Developed Countries, Sixty-fifth General Assembly

Informal Thematic Debate, U.N. Doc. GA/11053 (11 Mar 2011)

UNFCCC, Compilation of economy-wide emission reduction targets to be implemented by Parties included in Annex I to the Convention, U.N. Doc. FCCC/SB/2011/INF.1 (10 Mar 2011)

IISD Reporting Services, Fourth Session of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture, Linkages (14-18 Mar 2011)

UNCSD, Second Session of the Preparatory Committee for the 2012 UN Conference on Sustainable Development, Rio 2012 (7-8 Mar 2011)

WIPO, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore – Intersessional Working Group – Third session (Feb. 28 – Mar. 4, 2011)

ILC, Comments and Observations of the Office of Legal Affairs on the draft Articles on Responsibility of International Organizations, adopted by the International Law Commission on first reading in 2009 (Feb. 2011)

VIII. Media/Press Releases (select items)

UN News Service, UN nuclear agency to send team of experts to Japan to help in reactor crisis, UN News Centre, (16 March 2011)

Security Council uncertain about intervening in Libya, NY Times (16 March 2011)

Libya no-fly zone draft resolution circulated at U.N. Reuters (15 March 2011)

Uzbekistan expels human rights watch’s staff, NY Times, (15 March 2011)

UN News Service, Japan: UN stepping up assistance in wake of quake and tsunami, UN News Centre, (15 March 2011)

UN News Service, UN welcomes Bahrain’s stated commitment to probe threats against rights defenders, UN News Centre, (15 March 2011)

UN News Service, UN rights office calls on Turkey to ensure press freedom after journalists’ arrest, UN News Centre, (15 March 2011)

UNEP News Centre, Green Economy Report on the Agenda in Washington D.C., UNEP, (15 March 2011)

Richard Roth, UN Security Council pauses in talks on Libyan no-fly zone, CNN (15 March 2011)

Human Rights Watch, Indonesia: Revoke Provincial Decrees to Ban a Faith, Human Rights Watch (15 March 2011)

Isaac Ongiri, James Wakahiu And Samuel Otieno, U.S. Britain Turn Down Government’s Plea to Abstain, Nairobi Star (14 March 2011)

Bernard Namunane, Ocampo – Muthaura May Interfere With Witnesses, The Daily Nation (14 March 2011)

Walter Menya and Peter Leftie, South Africa Pleads for Nation’s Deferral Case to Be Heard at Security Council, The Daily Nation (14 March 2011)

Stephanie Nebehay, Iran has intensified crackdown, executions – U.N., AlertNet (14 March 2011)

AP, Pervez Musharraf: UK never told me not to torture, Kinston.com (14 March 2011)

Reuters, Bahrain opposition: Gulf move is war declaration, AlertNet (14 March 2011)

Fred Oluoch, Kibaki Sees Political Calculus in ICC Trials, East African (14 March 2011)

Reuters, World Faces Risk of Food Crisis – FAO Chief, AlertNet (14 Mar 2011)

Richard Norton Taylor, Musharraf hints that Britain tacitly backed torture, guardian.co.uk (14 Mar 2011)

UNEP News Centre, New conservation plan launched to mark Pacific Year of the Dugong, UNEP, (14 March 2011)

UN News Service,  UN gathering to promote water cooperation in Central Asia kicks off, UN News Centre, (14 March 2011)

UN News Service, New UN project uses financial incentives to try to save the dugong, UN News Centre, (14 March 2011)

UN News Service, Abyei conflict could derail Sudan’s north-south peace process, UN warns, UN News Centre, (14 March 2011)

BBC, Chevron appeals against Ecuador Amazon pollution fine, BBC News Latin America & Caribbean (13 Mar 2011)

Matt Carr, Italy – Migrants Settle Into Permanent Struggle, IPS (13 March 2011)

The Nation, My Shuttle Diplomacy a Success – Kalonzo, The Daily Nation (13 March 2011)

Jeffrey Heller, Israel to build settler homes after attack, AlertNet (13 March 2011)

Reuters, South Sudan accuses north of planning genocide, AlertNet (13 March 2011)

Alfred Mutua, Why Government Issued a Statement Challenging the ICC’s Jurisdiction, The Daily Nation (12 March 2011)

Makau Mutua, Why Hague Trial Deferrals Won’t Work, The Daily Nation (12 March 2011)

Walter Menya, Kenya Wants US, UK to Abstain From ICC Vote, The Daily Nation (12 March 2011)

Peter Leftie, Slim Hope As Govt Pushes for ICC Deferral, The Daily Nation (12 March 2011)

Mugumo Munene State Enlists Queen’s Counsel in Hague Cases, The Daily Nation (12 March 2011)

Kipchumba Some, Uhuru, Ruto Could Miss 2012 Polls, The Daily Nation (12 March 2011)

Walter Menya, Bumpy Ride in Quest of Deferral of the Ocampo Six Case, The Daily Nation (12 March 2011)

Richard Leiby and Muhammad Mansour, Arab League asks U.N. for no-fly zone over Libya, Washington Post (Mar. 12, 2011)(also The Independent)

UN News Service, Ban voices concern over excessive use of force against demonstrators in Yemen, UN News Centre, (12 March 2011)

UN News Service, UN sounds alarm on human rights issues in Bahrain, Yemen and Saudi Arabia, UN News Centre, (11 March 2011)

UN News Service, UN rights expert condemns sharp increase in Israeli demolition of Palestinian homes, UN News Centre, (11 March 2011)

Reuters, UN rights forum names investigative team on Libya, Reuters Africa (Mar. 11, 2011)

Vanguard, AU Rejects Use of Force On Libya, Vanguard (11 March 2011)

Amnesty International, Cuba must release prisoner of conscience on hunger strike,  Amnesty International (11 March 2011)

Human Rights Watch, Egypt: End Torture, Military Trials of Civilians,  Human Rights Watch (11 March 2011)

CNN, Ivory Coast’s Gbagbo bans overflights from U.N., France, CNN (11 March 2011)

RFI English, Charles Taylor Trial Closes,  RFI English (11 March 2011)

Peter Mwaura, By Dissenting, Judge Kaul Could Tilt Public Opinion Over the Ocampo Six, The Daily Nation (11 March 2011)

Benjamim Muindi, Minister Says Nation a ‘Laughing Stock’ Over ICC Deferral, The Daily Nation (11 March 2011)

Jennifer Easterday, Taylor Trial Concludes; Judges Begin Deliberations, CharlesTaylorTrial.org (11 March 2011)

Jerry Okungu, Ocampo Six Finally Head to the Hague, Nairobi Star (11 March 2011)

Francis Mureithi, Raila, Karua and Mudavadi to Benefit From ICC Trials – Wikileaks, Nairobi Star (11 March 2011)

Reuters, UN rights forum names investigative team on Libya,  AlertNet (11 March 2011)

U.N. council to meet with Kenya about violence cases, Reuters (11 March 2011)

The Netherlands: Taylor trial ends, NY Times (11 March 2011)

Amnesty International, Iraqi Activists Torture Allegations Spark Fears for Detained Protesters, Amnesty International (10 March 2011)

Amnesty International, Malaysian Government Reveals Nearly 30,000 Foreigners Caned, Amnesty International (10 March 2011)

Jennifer Easterday, Defense Concludes Closing Arguments, Attacks Credibility of Prosecution Witnesses, CharlesTaylorTrial.org (10 March 2011)

UN News Service, Human Rights Situation Deteriorating, Warns Top UN Official,  UN News Service (10 March 2011)

The Daily Nation, Govt Fails to Win U.S. Backing On Poll Trials, The Daily Nation (10 March 2011)

The Daily Nation, Suspects to Appear As ‘Free Men,’ Says ICC, The Daily Nation (10 March 2011)

The Daily Nation, Muthaura And Uhuru Won’t Quit, The Daily Nation (10 March 2011)

Tim Murithi, UN Security Council And Libya – Courting Murderers, Pambazuka News (10 March 2011)

Matthew Lee and Bradlet Klapper, US, Europe increase diplomatic pressure on Libya, FloridaToday.com (10 March 2011)

Stephanie Nebehay, Libyan bombing may be crimes against humanity-UN, AlertNet (10 March 2011)

Reuters, Bosnia Serbs will arrest Bosnian war suspects, AlertNet (10 March 2011)

Reuters, Bosnian Serb indicted over Srebrenica massacre, AlertNet (10 March 2011)

Maria Danilova, UN suspects Israel in kidnapping of Palestinian, Kinston.com (10 March 2011)

Vladimir Isachenkov, HRW: Chechen women abused if refuse to cover head, Kinston.com (10 March 2011)

CNN, Pakistan acknowledges U.S. drone strikes targeting militants, CNN (10 March 2011)

Mohammed Jamjoom, Protests called Friday in Saudi Arabia, CNN (10 March 2011)

Human Rights Watch, Russia: Chechnya Enforcing Islamic Dress Code, Human Rights Watch (10 March 2011)

UN News Service, Humans must change behaviour to save bees, vital for food production – UN report, UN News Centre, (10 March 2011)

UN News Service, Countries must aim for more coordinated action to reduce disaster risk – UN report, UN News Centre, (10 March 2011)

UNEP, Bees Under Bombardment, Press Release, (10 March 2011)

UN News Service, Human rights in Côte d’Ivoire deteriorating, warns top UN official, UN News Centre, (10 March 2011)

UN News Service, UN rights chief denounces violence against journalists by Libyan forces, UN News Centre, (10 March 2011)

UN News Service, Citing rising death toll, UN urges better protection of Afghan civilians, UN News Centre, (9 March 2011)

Amnesty International, Sri Lanka must release thousands being held under repressive laws, Amnesty International (9 March 2011)

Macharia Gaitho, Kenya’s President ‘Set PM Up’ in Migingo Island Dispute, East African (9 March 2011)

David Zucchino and Henry Chu, France recognizes embattled Libyan rebels, LA Times (9 March 2011)

RFI English, Taylor Diamond Trial Enters Final Stage, RFI English (9 March 2011)

Jillo Kadida and Jacob Ng’etich, Five ICC Suspects Accept Hague Summons, The Daily Nation (9 March 2011)

Emeka-Mayaka Gekara, Protests As Kalonzo Presents Deferral Case, The Daily Nation (9 March 2011)

Bernard Namunane, Govt to Challenge Poll Chaos Case At the Hague, The Daily Nation (9 March 2011)

Office of the White House Press Secretary, Statement On Recent Violence in Abyei Region of Sudan, America.gov (9 March 2011)

UN News Service, Congo-Kinshasa: Top UN Aid Official Stresses Need for Civilian Protection, UN News Service (9 March 2011)

Jennifer Easterday, Documentary Evidence Proves Taylor is Innocent, Defense Claims in Closing Arguments, CharlesTaylorTrial.org (9 March 2011)

Ranjit Devraj, IBSA Together in Resisting No-Fly Zone, Inter Press Service (9 March 2011)

Emeka-Mayaka Gekara and Kevin J. Kelley, Citizens in U.S. Protest Over Kalonzo Shuttle, The Daily Nation (9 March 2011)

The Daily Nation, Bite the Bullet And Submit to Justice in the Hague, The Daily Nation (9 March 2011)

Robert Evans, Ebadi says Arab-style revolt certain soon in Iran, AlertNet (9 March 2011)

Reuters, Obama says appalled by violence in Ivory Coast, AlertNet (9 March 2011)

Luke Baker, European leaders, NATO examine next steps on Libya, AlertNet (9 March 2011)

CNN, Kenya to challenge Hague court in ‘crimes against humanity’ case, CNN (9 March 2011)

Reuters, NATO weighing military options for Libya – report, AlertNet (9 March 2011)

Aaron Maasho, UK: Gbagbo cocoa nationalisation “a desperate act”, AlertNet (9 March 2011)

Human Rights Watch, ICC: Justice Advances in Kenya Case, Human Rights Watch (9 March 2011)

Human Rights Watch, Yemen: Excessive Force Used Against Demonstrators, Human Rights Watch (9 March 2011)

CNN, Kenyan leaders summonsed over post-election violence, CNN (9 March 2011)

Nairobi Star, Ocampo Six to Go to Hague in April, Nairobi Star (9 March 2011)

James Grubel, Australia’s Ferguson wants to expand uranium exports, sell to India, AlertNet (9 March 2011)

Reuters, Australia to open nuclear safeguards talks with UAE, AlertNet (9 March 2011)

U.N. to publish Sudan report that infuriated China, Reuters (9 March 2011)

Kenya to challenge ICC right to try violence cases, Reuters (9 March 2011)

Taylor war crimes trial politically biased: defense, Reuters (9 March 2011)

Taylor war crimes trial coming to a close, UPI (9 March 2011)

Amnesty International, Video footage shows Egyptian prison inmates apparently tortured and killed, Amnesty International (8 March 2011)

Reuters, Obama, Cameron weigh no-fly zone for Libya, AlertNet (8 March 2011)

Sudan Tribune, Two Darfur Rebel Figures Ordered to Face Trial at the Hague, Sudan Tribune (8 March 2011)

RFI English, Rebel Leaders Visit EU, Call for Recognition and No-Fly Zone, RFI English (8 March 2011)

Sudan rebels to stand trial over peacekeeper killings, Reuters (8 March 2011)

Kenyans summoned to international criminal court over 2007 violence, Guardian (8 March 2011)

International Criminal Court begins libya inquiry, NYT (4 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.

Leave a comment

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

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s