Anton’s Weekly Digest of International Law, Vol. 2, No. 13 (31 Mar 2011)

 

Anton’s Weekly Digest of
International Law

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

Vol. 2, No. 13
(31 Mar 2011)

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

Contents

I. SSRN Legal Scholarship Network/bepress Legal Repository/NELLCO Legal Scholarship Repository/Publishers Advances
II. Books
III. Journals
IV. Blogs (select items)
V. Podcasts/Videos
VI. Gray Literature/Newsletters/Webtools
VII. Documents/Negotiations
VIII. Media/Press Releases (select items)


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

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

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.

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Consumer Protection in an Era of Globalization

Cary Coglianese
University of Pennsylvania Law School
Adam Finkel
University of Pennsylvania Law School
David T. Zaring
University of Pennsylvania – Legal Studies Department
IMPORT SAFETY: REGULATORY GOVERNANCE IN THE GLOBAL ECONOMY, Cary Coglianese, Adam Finkel & David Zaring, eds., University of Pennsylvania Press, 2009
U of Penn, Inst for Law & Econ Research Paper No. 11-10

With expanding global trade, the challenge of protecting consumers from unsafe food, pharmaceuticals, and consumer products has grown increasingly salient, necessitating the development of new policy ideas and analysis. This chapter introduces the book, Import Safety: Regulatory Governance in the Global Economy, a multidisciplinary project analyzing import safety problems and an array of innovative solutions to these problems. The challenge of protecting the public from unsafe imports arises from the sheer volume of global trade as well as the complexity of products being traded and the vast number of inputs each product contains. It is further compounded by the fact that as products move across jurisdictional boundaries regulators face a host of legal, cultural, and practical obstacles. We argue that import safety problems require rethinking domestic regulation, whether through improving the targeting of traditional government inspections, building stronger public-private partnerships, or making changes in products liability standards. International cooperation will also be needed but will be even more challenging. At every step in the supply chain, regulators face questions of what level of safety to aim for, what form of regulatory standards to adopt, and how compliance with such standards should be monitored and enforced – and yet different countries tend to answer these questions differently. This chapter not only raises the key questions regulators and the public confront in tackling a vexing global challenge, but it also previews Import Safety’s analysis of institutional capacity and a range of potential regulatory responses that can harness market actors to drive improvements in product safety.

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International Law: Normative Contestation in the Transnational Realm

Otto F. Von Feigenblatt
Nova Southeastern University; Journal of Alternative Perspectives in the Social Sciences; Millenia Atlantic University
Ritsumeikan Center for Asia Pacific Studies (RCAPS) Working Paper No. 10-6

International Law is a dynamic and flexible subfield which can serve as an example of how laws are contested, negotiated, and adopted without the presence of an overarching authority with coercive powers (a leviathan). A greater understanding of the relationship between international law and the vast array of actors currently operating the in interstices of the transnational system brought about by globalization, can provide valuable insights as to how laws are created and legitimized through norm socialization and dialogue leading to a shared intersubjective understanding. This brief essay aims to connect some important insights from legal anthropology to the work of constructivist scholars studying regime formation and institution building in the growing field of international studies.

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Cultural Diversity and International Law

Christa Rautenbach
North-West Unversity
INTERNATIONAL LAW AND INSTITUTIONS, Aaron Schwabach, Arthur John Cockfield, eds., Encyclopedia of Life Support Systems(EOLSS), Developed under the Auspices of the UNESCO, EOLSS Publishers, Oxford, UK, 2011

This contribution provides an overview of the concept “cultural diversity” in international law. The first part is dedicated to the never-ending quest to give meaning to cultural diversity, and it is argued that the contemporary international definition of culture as a “way of life” is necessary to give recognition to the varied ways in which culture can be seen globally. An open-ended definition of culture and, more specifically, cultural diversity is sensible in the light of the fact that States needs to interpret the concept in accordance with domestic needs. The second part of the contribution is a short historical overview of the development of the concept of cultural diversity in international law. UNESCO, an international organisation established by the UN, is the main body responsible for fostering cultural diversity. It was originally set up to counter wars that transpired as a result of ignorance of cultural differences between people, most notably against the background of the Second World War. Historical facts reveal that cultural diversity has evolved from differences between mere external practices (works of art) to an all-encompassing concept referring to all manifestations of cultural differences. In this regard, UNESCO’s policies commenced with the exchange of cultural knowledge with the purpose of sensitising the international community to cultural differences. In line with global demands and developments its policies developed over the years to acquire other dimensions, including politics, human rights, sustainable development, democracy, and knowledge interchanges. The third part of the contribution goes over the main points of the 2009 UNESCO World Report, a trendsetting document aiming to put into practice what have been only theoretical discussions thus far. Before the concluding remarks are made, the fourth part presents a sample of the most important international instruments pertaining to culture and cultural diversity.

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A Taxing Question for Human Rights: The European Court of Human Rights, the Value Added Tax, and the Russian Federation

Vladimir Gritsenko
SMC LTD (Moscow)

Alexander Konovalov, the Minister of Justice of the Russian Federation, recently stated “Justice must be administered by taking into account the case-law of the European Court of Human Rights”. The High Arbitration Court of the Russian Federation, which is the highest Russian judicial instance over economic disputes, including VAT refund cases, followed de facto the main stream of European case law as to the VAT refund though it was not de jure obliged to do so.

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Advisory Opinion on Responsibility and Liability for International Seabed Mining (ITLOS Case No. 17): International Environmental Law in the Seabed Disputes Chamber

Donald K. Anton
Australian National University (ANU) – College of Law
Robert A. Makgill
University of Ghent – Department of International Law
Cymie R. Payne
Lewis & Clark Law School
Environmental Policy and Law, Forthcoming

On 1 February 2011, the Seabed Disputes Chamber (“the Chamber”) delivered its first Advisory Opinion. The Opinion provides useful guidance to the international community concerned with the deep seabed. First and foremost, the Chamber accomplished its task to assist the ISA with independent and impartial judicial interpretation of the Convention and related instruments. States that intend to extract valuable resources now know that they must evaluate their legal codes, administrative capacity, and their judicial enforcement mechanisms to determine where they fall short of the standards that the Chamber has identified. For most states it will be necessary to introduce new laws to provide the requisite rules, regulations and procedures. Entities seeking sponsorship will likely wish to work with these governments to develop a workable regime. Other entities, such as those interested in scientific research, other economic uses, and protection of the ocean and seabed resources, will want to assist with this process to ensure that their interests are respected and that developing states are given assistance to develop appropriate laws and enforcement capacity. Finally, the limitations and gaps in the Convention’s liability scheme have now been identified and await the international legal community’s attention.

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Carl Schmitt and the Critique of Lawfare

David J. Luban
Georgetown University Law Center
Case Western Reserve Journal of International Law, Forthcoming
Georgetown Public Law Research Paper No. 11-33

“Lawfare” is the use of law as a weapon of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law – lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. Casting suspicion on humanitarian law by attacking the motives of humanitarian lawyers, they undermine disinterested argument, and ultimately undermine the validity of their own critique. The paper then explores the vision of politics and law underlying the lawfare critique through a reading of the most significant theorist who defends that vision, the German theorist Carl Schmitt. Through a reading and critique of Schmitt, the article examines both the force of the lawfare critique and its flaws.

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Keeping the Dream Alive – The European Court of Justice and the Transnational Fabric of Integrationnist Jurisprudence

Antoine Vauchez
Centre national de la recherche scientifique
European Political Science Review, Forthcoming

How does the European Court of Justice firmly maintain a now 45-years old consistent pan-European jurisprudence when exerting virtually no control over the recruitment of its members (a selection left to national governments) and lacking most of the warrants of a State? The paper identifies the conditions for the Court’s perennial pan-European jurisprudence in the national and transnational mobilization of “its” lawyers. Based on a variety of commemorative materials produced within the Court (Festschriften, tributes, eulogies, and jubilees) never studied so far, the paper stresses the manner in which EU’s judicial elite manufactures discourses both of the Court and on the Court and its jurisprudence while at the same time repeatedly managing the national and transnational networks of the Court’s epigones from which it draws its authority to render its ‘verdicts’ on Europe.

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Mental Torture: A Critique of Erasures in U.S. Law

David J. Luban
Georgetown University Law Center
Henry Shue
University of Oxford
Georgetown Law Journal, Forthcoming
Georgetown Public Law Research Paper No. 11-31

Both international and federal law criminalize mental torture as well as physical torture, and both agree that “severe mental pain or suffering” defines mental torture. However, U.S. law provides a confused and convoluted definition of severe mental pain or suffering – one that falsifies the very concept and makes mental torture nearly impossible to prosecute or repress. Our principal aim is to expose the fallacies that underlie the U.S. definition of mental torture: first, a materialist bias that the physical is more real than the mental; second, a substitution trick that defines mental pain or suffering through a narrow set of causes and effects, ignoring the experience itself; third, a forensic fallacy, in which the due process requirements of specificity in criminal law become wrongly identified with defining characteristics of the crime of torture (an understanding that loops back to corrupt the law); and fourth, a mens rea requirement that excludes all mental torture not committed with the sadistic intention of causing long-lasting harm. Our article begins with an analysis of the concept of mental pain and suffering, as well as a factual discussion of U.S. practice. We also examine the legislative history of the definition in U.S. law. We demonstrate that it derives from political concerns that other countries might accuse U.S. law enforcement personnel of torture. We conclude by examining the specific evil of mental torture: the merciless attempt to break down and occupy the personality of the victim.

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Delimitation of the Continental Shelf and Exclusive Economic Zones between Romania and Ukraine to the International Court of Justice of the Hague

Dan D. Vataman
affiliation not provided to SSRN
The Danube River – Environment & Education, No. 2/2010, 2010

Judgment of the International Court of Justice in The Hague, rendered on 3 February 2009, recognized the jurisdiction and sovereign rights of Romania over more than 79% of the 12,200 square kilometers of continental shelf and exclusive economic zones disputed by Romania and Ukraine. The ICJ judgment traces a delimitation line, strictly defined by geographical coordinates, between Romania’s and Ukraine’s zones of exclusive jurisdiction in the Black Sea. As of the date when the judgment was rendered, the two states have full rights to tap the economic resources in those zones. The judgment the ICJ rendered is final, binding and without appeal. The two states are bound to observe the judgment, which is enforceable immediately, no further bilateral agreements, interpretations of the judgment or additional acts being needed.

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Agency, Private International Law and an Optional Instrument for a European Contract Law (Stellvertretung, IPR und ein optionales Instrument für ein Europäisches Vertragsrecht) (German)

Jens Kleinschmidt
Max Planck Institute for Comparative and International Private Law
Rabels Zeitschrift für Ausländisches und Internationales Privatrecht, Forthcoming
Max Planck Private Law Research Paper No. 11/4

Whether a possible draft optional instrument for European contract law (OI) will contain rules on agency seems as of yet unclear. A lack of rules on agency would constitute an external gap to be filled with the substantive national rules designated by the choice of law rules of the forum (subject to the actual rules on gap-filling in an OI). This would run counter to the purpose of an OI. If, however, an OI were to contain rules on agency, making them applicable would raise two issues: (i) Since the interests of three persons are affected, the ordinary rules on bilateral party choice may not be sufficient, and (ii) while parties may have an interest to ascertain the extent of the agent’s authority before the conclusion of the contract, optional agency rules can by definition only be applied upon party choice. This paper first examines existing choice of law rules regarding the external aspects of agency, a matter excluded from Rome I. It then analyses their effect on the choice of an optional instrument and discusses various reactions. The following approach appears preferable for implementation: Rules on agency in an OI (that cannot extend to authority bestowed by law) always apply when the contract concluded with the help of an agent is governed by the OI. Therefore, choice of the OI requires that the agent could reasonably be aware of such choice. The requirement that the agent be authorized to effect such choice and the protection of the agent in case of a subsequent choice of an OI should be taken care of by general rules in the OI subjecting the validity of the choice to be determined by the provisions of the OI and protecting the rights of third parties in general, similar to Art. 3(2), (5) Rome I.

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Economically Sustainable Safe Drinking Water Systems for the Developing World

Phillip L. Thompson
affiliation not provided to SSRN
Business and Society Review, Vol. 115, No. 4, pp. 477-493, 2010

An estimated 1.5 million people (mostly children) died in 2007 from waterborne illness. While this number is unacceptably high, it represents a 16 percent improvement over the previous three years. This paper discusses the challenges and solutions to delivering clean water in the developing world. It then discusses safe water projects for a children’s dormitory in Mae Nam Khun, Thailand, and for a community in Chirundu, Zambia. Both projects were designed and implemented by the Seattle University student chapter of Engineers Without Borders (SU-EWB). These projects had technical challenges that are relatively easy to resolve in the developed world, but were particularly challenging in their contexts. This paper examines how these challenges were met through collaboration with several organizations, including the Centers for Disease Control in the United States and small businesses within the host countries.

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European Financial Integration: Finally the Great Leap Forward?

Emiliano Grossman
Sciences Po
Patrick Leblond
University of Ottawa; HEC Montreal; Center for Interuniversity Research and Analysis on Organization (CIRANO)
JCMS: Journal of Common Market Studies, Vol. 49, No. 2, pp. 413-435, 2011

The recent history of financial integration in Europe can generally be considered a success story, notwithstanding the crisis that has plagued financial sectors in Europe and elsewhere since 2007. There has been significant progress in the area of regulatory integration; however, an in-depth analysis requires also taking into account what happens on the ground that is, at the market level. As a consequence of this larger and more interactive point of view, this article shows that financial integration is less uniform than a cursory look at the evolution of European Union regulation would have us believe. This is because national contexts continue to bear considerable weight. In particular, any explanation of the current state of affairs in the EU’s financial integration needs to take the marketregulation nexus seriously. This implies looking at market structure as well as at the political and institutional context. This article suggest a framework to explain more adequately the contradictions between regulatory and market integration.

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Telling Stories About Politics: Europeanization and the EU’s Council Working Groups

Julian Clark
affiliation not provided to SSRN
Alun Jones
University College Dublin (UCD)
JCMS: Journal of Common Market Studies, Vol. 49, No. 2, pp. 341-366, 2011

Recent years have witnessed much debate on Europeanization. Scholarship from a variety of different disciplinary perspectives has been conducted on this topic using the analytical approaches of new institutionalism, including studies made of the interrelations between formal European Union (EU) institutional rules and procedures and informal norms and beliefs on individual actor behaviour. Yet using new institutionalism to examine Europeanization’s interconnections with and effects upon the EU’s distinctive model of internationalization is not without problems, as recent analyses confirm. Drawing on recent critiques of March and Olsen’s logics of appropriateness and consequentiality that together provide the foundations of the new institutionalism, this article examines how political elites mediate Europeanization through their EU decision-making and decision-taking. Using interviews with United Kingdom (UK) negotiators centrally involved in EU trade, agriculture, environment and foreign policy, their personal lived experiences of Europeanization are gauged. This empirical analysis shows that current understandings of March and Olsen’s two logics do not adequately capture the juxtaposition of different behavioural reasoning and stances adopted by UK policy elites negotiating in the EU. In turn, the alleged transformative nature of Europeanization is questioned.

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The EU as a Framing Actor: Reflections on Media Debates About EU Foreign Policy

Petr Kratochvil
affiliation not provided to SSRN
Petra Cibulkova
affiliation not provided to SSRN
Michal Benik
affiliation not provided to SSRN
JCMS: Journal of Common Market Studies, Vol. 49, Issue 2, pp. 391-412, 2011

This article explores the EU’s ability to frame the public debates about its external policies. The article begins by broadening the current discussions about the three aspects of actorness legitimacy, attractiveness and recognition by introducing the EU’s framing power as a fourth aspect of actorness. Then it proceeds to an empirical analysis of framing, which is based on a discourse analysis of the news coverage of Ukraine (2002-07) in print media in the three biggest EU Member States (United Kingdom, Germany and France).

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A Tale of Two Countries: Emissions Scenarios for China and India

Emanuele Massetti
Fondazione Eni Enrico Mattei (FEEM) & Euro-Mediterranean Center for Climate Change
FEEM Working Paper No. 24.2011

The aim of the paper is to present evidence that China and India are, and will remain, two very different actors in international negotiations to control global warming. We base our conclusions on historical data and on scenarios until 2050. The Business-as-Usual scenario (BaU) is compared to four Emissions Tax scenarios to draw insights on major transformations in energy use and in energy supply and to assess the possible contribution of China and India to a future international climate architecture. We study whether or not the Copenhagen intensity targets require more action than the BaU scenario and we assess whether the emissions reductions induced by the four tax scenarios are compatible with the G8 and MEF pledge to reduce global emissions by 50% in 2050.

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The Limits of Transnational Judicial Dialogue

David S. Law
Washington University School of Law in St. Louis; Washington University, Saint Louis – Department of Political Science
Wen-Chen Chang
National Taiwan University College of Law
Washington Law Review, Forthcoming

The notion that “transnational judicial dialogue” is contributing to the globalization of constitutional law has attracted considerable scholarly attention. Numerous scholars have characterized the citation of foreign law by constitutional courts as a form of “dialogue” that both reflects and fosters the emergence of a common global enterprise of constitutional adjudication. It has also been argued that an increasing amount of direct interaction between judges, face-to-face or otherwise, fuels the growth of a global constitutional jurisprudence. This Article challenges the coherence and accuracy of these claims. The first part argues that it is both conceptually and factually inaccurate to characterize the manner in which constitutional courts cite and analyze constitutional jurisprudence as a form of “dialogue.” The second part shows empirically that judicial interaction is neither a necessary nor a sufficient cause of constitutional globalization, and that the actual impact of such interaction on the extent to which judges engage in comparativism is dwarfed by institutional and structural variables that lie largely beyond judicial control. . . .

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International Environmental Agreements in the Presence of Adaptation

Walid Marrouch
CIRANO; Lebanese American University
Amrita Ray Chaudhuri
affiliation not provided to SSRN
CIRANO Scientific Publications, Vol. 2011s-32

We show that adaptive measures undertaken by countries in the face of climate change, apart from directly reducing the damage caused by climate change, may also indirectly mitigate greenhouse gas emissions by increasing the stable size of international agreements on emission reductions. Moreover, we show that the more effective the adaptive measure in terms of reducing the marginal damage from emissions, the larger the stable size of the international environmental agreement. In addition, we show that larger coalitions may lead to lower global emission levels and higher welfare.

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The International Criminal Court and National Courts: A Contentious Relationship

Nidal Nabil Jurdi
American University of Beirut
Nidal N. Jurdi, THE INTERNATIONAL CRIMINAL COURT AND NATIONAL COURTS: A CONTENTIOUS RELATIONSHIP, Ashgate, 2011

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

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Creating the Law of Environmentally Sustainable Economic Development

John C. Dernbach
Widener University – School of Law
Pace Environmental Law (PELR) Review, Forthcoming
Widener Law School Legal Studies Research Paper No. 11-10

This article argues that a key to sustainability is redirecting the law of economic development. From a historical perspective, sustainable development is an effort to integrate environmental protection and restoration with development. As a result, it is not possible to fully understand sustainable development unless we understand what development means. While that term is reasonably well understood at the international level, our closest analogue in the United States is not development in general but rather economic development. A great many recently enacted laws that move the United States toward sustainability can be understood as economic development laws. By understanding these laws and their common characteristics, we may better understand how to move more rapidly and effectively toward sustainability.

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India’s Growing Involvement in Humanitarian Assistance

Claudia Meier
affiliation not provided to SSRN
C.S.R. Murthy
affiliation not provided to SSRN

In the past ten years, humanitarian assistance – that is, assistance “designed to save lives, alleviate suffering and maintain and protect human dignity during and in the aftermath of emergencies” – has fast developed from small occasional contributions into a notable instrument of Indian “soft power” (Nye 2004) within the framework of the country’s foreign policy. Despite this trend, India’s motives for giving humanitarian assistance, its geographic and thematic priorities and its internal decision processes remain largely unknown. In an attempt to close this research gap, the present paper analyzes India’s humanitarian aid as part of its foreign policy, asking why India gives humanitarian assistance and how internal norms and interests shape the country’s decisions regarding humanitarian assistance. Following the introduction, Chapter 2 looks at the Indian conception of humanitarian assistance in terms of definition, motives and principles of disaster relief. Chapter 3 analyzes India’s internal humanitarian bureaucracy, decision making processes and the policy implications of this organizational setup on the way India provides assistance. The next two sections focus on the implementation of humanitarian assistance, analyzing India’s aid practice bilaterally (chapter 4), through multilateral organizations and in cooperation with other countries (chapter 5). Chapter 6 provides a conclusion about the role of humanitarian assistance in India’s foreign policy by synthetizing India’s normative and interest-based motives with its aid practice. Chapter 7 proposes a path towards increased cooperation between the Indian government, multilateral humanitarian organizations and established donors.

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Siren Song: The Implications of the Goldstone Report on International Criminal Law

Chris Jenks
Government of the United States of America – Judge Advocate General’s Corps
Geoffrey S. Corn
South Texas College of Law
Berkeley Journal of International Law (BJIL), Vol. 7, 2011

We propose a truly academic endeavor – consideration of the Goldstone Report divorced from either or any side of the conflict. We undertake this quixotic task because in our humble estimation there are aspects of the Goldstone Report which are problematic for other nations in general and specifically international criminal law, separate and apart from the context of the Israeli Palestinian conflict. One such aspect is the Goldstone Report’s ex post facto evaluation of targeting decisions made by the IDF in contravention of a long established principle of war crimes liability. Under this principle, evaluation of targeting decisions requires considering the situation through the perspective of the military commander at the time the judgment at issue was made. Another aspect, two really, both relate to the ICC. The first is that by calling into question Israel’s efforts to investigate alleged IDF violations of the law of armed conflict (LOAC) and invoking the specter of the ICC, the Goldstone Report calls into question the very meaning of complementarity under the Rome Statute. The second stems from the Palestinian Authority’s (PA) attempt to accept ICC jurisdiction following Operation Cast Lead. In summarily rejecting a request by an entity lacking the requisite dramatis personae of a State, the Prosecutor to the ICC has created, or certainly not dispelled, the false impression that the events that occurred in Palestinian territory fall within his discretion, when, under the Rome Statute, they do not. Both these aspects may undermine the long term viability of the ICC. We conclude that, unchecked, the Goldstone Report may prove an incorrect and dangerous precedent on how inquiries into targeting decisions made during armed conflict are conducted, any resulting criminal liability determined, and the parameters of State responsibility to investigate allegations of LOAC violations.

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Avoidance Techniques: State Related Defences in International Antitrust Cases

Marek Martyniszyn
University College Dublin- School of Law
UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 46/2011
CCP Working Paper No. 11-2

Despite its economic significance, competition law still remains fragmented, lacking an international framework allowing for dispute settlement. This, together with the growing importance of non-free-market economies in world trade require us to re-consider and re-evaluate the possibilities of bringing an antitrust suit against a foreign state. If the level playing field on the global marketplace is to be achieved, the possibility of hiding behind the bulwark of state sovereignty should be minimised. States should not be free to act in an anti-competitive way, but at present the legal framework seems ill-equipped to handle such challenges. This paper deals with the defences available in litigation concerning transnational anti-competitive agreements involving or implicating foreign states. Four important legal doctrines are analysed: non-justiciability (political question doctrine), state immunity, act of state doctrine and foreign state compulsion. The paper addresses also the general problem of applicability of competition laws to a foreign state as such. This is a tale about repetitive unsuccessful efforts to sue OPEC and recent attempts in the US to deal with export cartels of Chinese state-owned enterprises.

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Reforming Lawyers into Irrelevance?: Reconciling Crisis and Constraint at the Office of Legal Counsel

Peter Margulies
Roger Williams University School of Law
Roger Williams Univ. Legal Studies Paper No. 103

A Predator drone attack in Pakistan and the “enhanced interrogation techniques” that the Bush administration used on suspected terrorists have at least one thing in common: legal advice. While advice given the Obama administration on drones has received only a partial airing, disclosure that lawyers in the Justice Department’s Office of Legal Counsel (OLC) authorized coercive interrogation after 9/11 has ignited a wide-ranging debate on reform and accountability. However, the volume of calls for reform has exceeded consideration of the competing values at stake. Some reformers stress the need to combat a climate of impunity with formal sanctions such as disbarment and damages. Advocates of structural reform, such as Bruce Ackerman, view sanctions as small change, and urge OLC’s makeover as an adjudicative body. Veterans of OLC reject these dramatic steps. They caution that structural changes could threaten the separation of powers. Structural changes could also detach OLC from its clients in the executive branch, transforming it into a stately mansion that requires too much maintenance to use. OLC veterans urge more measured changes, including greater transparency and a renewed commitment to stare decisis. After assessing these reform proposals, this paper suggests a model of dialogic equipoise to shape both the substance of OLC opinions and OLC’s deliberative process. While a structural makeover would actually weaken the rule of law, OLC resembles a court in its need to conserve institutional capital with two audiences: the legal community and the President. OLC can issue opinions that authorize robust responses to national security and humanitarian crises, if the President seeks ratification of executive action. To conserve OLC’s institutional capital, the model caps legal advice that expands presidential power. Just as courts preserve institutional capital with devices such as standing, mootness, and political questions, a cap will prompt OLC to marshal its institutional capital for those occasions when no alternatives will do the job.

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The Right to Receive Information Under Article 10 of the ECHR: An Investigation from a Copyright Perspective

Robin E. Herr
Copenhagen Business School Law Department

The purpose of this paper is to investigate the right to receive information under Article 10 of the European Convention of Human Rights in order to determine whether or not it is relevant to copyright law. The bulk of the article describes how the right to receive information operates. Focus is placed on the composition of the right, the scope of the test to justify an interference, principles that may affect the Court’s evaluation and any negative or positive obligations that may arise. In conducting this part of the research, over 125 cases were investigated. After detailing the case law, efforts are made to identify state obligations and trends that could potentially affect copyright. The article concludes with a brief statement of the areas of copyright law in which these obligations and trends could be relevant.

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How to Proceed After Copenhagen?

Jan Kunnas

In this paper, I argue that splitting continued climate negotiations into two separate blocks could both save time and make it more likely to ultimately reach a comprehensive treaty. The first block would deal with historical emissions of greenhouse gases including a mutual debt cancellation: developed countries carbon debts vs. developing countries conventional monetary debts. The second block would deal with future emissions and how to finance adaption to climate change. Following the polluter pays –principle, I argue that the funds should be collected in proportion to the responsibility for proceeding climate change and redistributed in proportion to the needs for adaption.

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Euromed, European Neighbourhood Policy and the Union for the Mediterranean: Overlapping Policy Frames in the EU’s Governance of the Mediterranean

Paul James Cardwell
affiliation not provided to SSRN
JCMS: Journal of Common Market Studies, Vol. 49, No. 2, pp. 219-241, 2011

This article uses the language of governance to explore the relationships between the EU and the states around the Mediterranean. Against the background of multiple legal, policy and institutional arrangements which have been created by the EU since 1995 to frame EuroMediterranean relations, the article considers how seemingly different priorities and methods come together. Of particular interest is the EU’s stated goal of a partnership across the Mediterranean, which is promoted by the EU at the same time as it seeks to project its own values in the countries just beyond its borders. The article considers the changing nature of the Mediterranean within EU policy-making, as well as the EU’s changing priorities, which suggests incoherency but which instead underlines the central role of the EU in a EuroMediterranean system of governance. The positive connotations of the language of governance (identified in the first part of the article) are not fully present in the overlapping policy frames since the stated partnership between the two sides of the Mediterranean in a system of governance is not borne out in practice.

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Kiyemba, Guantanamo, and Immigration Law: An Extraterritorial Constitution in a Plenary Power World

Ernesto Hernandez Lopez
Chapman University School of Law
Chapman University Law Research Paper No. 11-04

Immigration law is central to justifications for why five men remain detained indefinitely at Guantanamo, despite having writs of habeas approved in 2008. Since then, the Court of Appeals in Kiyemba v. Obama I, II, and III has used plenary powers reasoning to justify detentions under immigration law. The detainees are all non-combatants and Uighurs, Turkic Muslims from China. The Supreme Court may review these cases. Kiyemba I and III concern their judicial release into the U.S., while Kiyemba II regards barring their transfer because they may be tortured overseas. These cases raise significant constitutional habeas issues, but they also justify detentions with plenary powers. This reasoning defers immigration issues to the political branches and denies rights because of a detainee’s alien status or presence overseas. This Essay argues that immigration law, i.e. plenary powers, provides a “fall back” legal justification for Guantánamo detentions. This is especially important after the Supreme Court’s finding in Boumediene v. Bush that aliens on the base enjoy constitutional habeas rights. A critical non-legal context produces the Kiyemba detention quagmire. A transnational analysis of this context points to the normative influence of assumptions on diplomacy, culture, geopolitics, individual rights, and the War on Terror.

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Governing Interdependent Financial Systems: Lessons from the Vienna Initiative

Katharina Pistor
Columbia University School of Law
Columbia Law and Economics Working Paper No. 396

This paper argues that while financial markets have become transnational, their governance structures have remained national at the core: Fiscal responsibility for crises is ultimately born by the nation state where the crisis occurred – whether or not it bears any responsibility for regulatory or policy failures. The tension between the transnational nature of markets and national responsibility for these markets has been revealed once more by the global financial and the European sovereign debt crises. Against this background, the Vienna Initiative (VI) offers the prospect of an alternative governance regime. The VI was formed to manage the fallout from the global crisis in the former socialist countries of Central and Eastern Europe (CEE). It brought together in an open and deliberative process the key stakeholders in the pan-European financial market, including transnational bank groups, fiscal authorities, regulators and central banks from home and host countries, the European Central Bank (as observer), the European Commission (EC), and several international financial institutions (IFIs). While each of these stakeholders had a manifest interest in a coordinated response, effective coordination required engineering to overcome the collective action problems they faced. The commitments stakeholders ultimately made to fend off a financial collapse went well beyond what they were legally obliged to do. The paper explores the institutional and organizational foundations of the VI and suggests lessons it may hold for other transnational governance challenges.

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Theological Categories for Special and Differential Treatment

Raj Bhala
University of Kansas – School of Law
Kansas Law Review, Vol. 50, pp. 635-693, 2002

We are told, often rather loudly, by anti-globalization protestors that international trade law spoils the minority congregation of rich country Members of the World Trade Organization (WTO). Yet, we are not instructed, at least not in any coherent organizational way or in much detail, what the particular allegedly offending laws rules are. Providing a framework for considering the claim that trade law does not spoil the majority congregation of poor country WTO Members – quite the contrary – is my purpose here. It is a framework built on Catholic theological concepts, each of which has an Islamic analog. I am all for trade rules in the name of the poor, but that congregation cannot be helped by unsystematic thought. From these concepts flows the analytical precision we need if we are to attend to that congregation.

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Interpretation and Institutional Choice at the WTO

Gregory Shaffer
University of Minnesota – Twin Cities – School of Law
Joel P. Trachtman
Tufts University – The Fletcher School
Virginia Journal of International Law, 2011
Minnesota Legal Studies Research Paper No. 11-14

This article develops a new framework of comparative institutional analysis for assessing the implications of judicial interpretation in the World Trade Organization (WTO). The analytical framework offers an improved means to describe and assess the consequences of choices made in treaty drafting and interpretation in terms of social welfare and participation in social decision-making. The analysis builds from specific examples from WTO case law. Our framework approaches treaty drafting and judicial interpretive choices through a comparative institutional lens — that is, in comparison with the implications of alternative drafting and interpretive choices for social welfare and participation in social decision-making processes. By deciding among alternative interpretations, the judicial bodies of the WTO effectively determine which social decision-making process decides a particular policy issue. That decision, in turn, can have profound domestic and international implications. While this article focuses on the WTO, the framework developed here has general relevance for understanding the interpretation of international and domestic legal texts from “law and economics” and “law and society” perspectives.

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The Principle of Neutrality and “Islamic International Law” (Siyar)

Anke I. Bouzenita, International Islamic University of Malaysia

This paper investigates the institution of neutrality from the perspective of Siyar, “Islamic International Law.” It analyses relevant views of contemporary Muslim scholars, particularly with reference to the division between the “abodes of Islam” (dar al-islam) and the “abode of disbelief” (dar al-kufr), and their discussion on a third abode, the dar al-‘ahd or “abode of the covenant.” The paper concludes that temporary forms of neutrality may be acceptable under Islamic law under certain conditions without a re-interpretation of the classical theory of external relations and the division of territory.

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A Square Peg in a Round Hole: Stretching Law of War Detention Too Far

Laurie R. Blank
Emory University School of Law
Rutgers Law Review, Vol. 64, No. 1, 2011
Emory Public Law Research Paper

. . . This article highlights three problems with the current and proposed indefinite detention of terrorist suspects, problems that expose how this system stretches the traditional notion of law of war detention beyond its limits – problems of definition, problems of purpose and problems of posture. Problems of definition involve the geography of the battlefield and the temporal parameters of a conflict with terrorist groups. Problems of purpose occur because the nature of the current indefinite detention regime suggests that the detention is punitive in nature, even if not formally so, whereas law of war detention is traditionally protective in purpose and scope. Problems of posture exist because the indefinite detention regime is a system created in a reactive posture, one designed to meet a desired result rather than one developed proactively within an existing legal framework. While there is no doubt that new conflicts pose new questions and challenges, the failure to engage in foundational discussions about the nature of U.S. counter-terrorism goals and legal parameters has meant that the U.S. is continually operating from a reactive posture rather than on the basis of established criteria, standards and guidelines for future engagements. The end result: indefinite detention cannot rightly be termed “law of war detention” or detention “under the laws of war” without unduly stretching the fabric of traditional law of war detention too far.

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What is Tax Discrimination?

Ruth Mason
University of Connecticut School of Law
Michael S. Knoll
University of Pennsylvania Law School; University of Pennsylvania – Real Estate Department
Yale Law Journal, Vol. 121

Prohibitions of tax discrimination have long appeared in constitutions, tax treaties, trade treaties and other sources, but despite their ubiquity little agreement exists as to how such provisions should be enforced or defined. This has led prior commentators to conclude that tax discrimination is an incoherent concept. In this Article, we draw on both traditional and modern economic theory to develop coherent guidelines for interpreting tax nondiscrimination to require, in the alternative, locational neutrality, leisure neutrality, or competitive neutrality. Furthermore, we argue that in common markets, like the European Union and the United States, the best interpretation of the nondiscrimination principle is that it requires competitive neutrality, which prevents states from putting residents at a tax-induced competitive advantage or disadvantage relative to nonresidents. We show that, contrary to the prevailing view, maintaining a level playing field between resident and nonresident taxpayers requires neither tax rate harmonization nor equal taxation of residents and nonresidents. Our approach produces simple rules of thumb that provide states and courts with clear direction in writing tax laws and evaluating challenges to those laws.

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The Travels of a T-Shirt in the Global World of Taxation: Teaching Multi-Jurisdictional Taxation

Brigitte W. Muehlmann
Suffolk University; Vienna University of Economics and Business Administration
Priscilla Ann Burnaby
Bentley University
Issues in Accounting Education, Vol. 26, No. 1, 2011

A creative and useful solution for teaching multi-jurisdictional taxation was found and successfully implemented. The revised course pedagogy better meets the needs of a student body with wide-ranging differences in prior business experience and preparation for the course when the 150-hour requirement resulted in an influx of five year full-time graduate students. The new course methodology incorporates Pietra Rivoli’s award-winning documentary The Travels of a T-Shirt in the Global Economy. The author tells the life story of a T-shirt, beginning with the cotton grown for the shirt’s manufacture in a field in Texas and concluding with the shirt’s sale in a secondhand market in Tanzania. Course evaluations improved in all dimensions after the addition of the auxiliary text in spite of a perception of increased difficulty.

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Financial Regulatory Harmonization in East Asia: Balancing Domestic and International Pressures for Corporate Governance Reforms

Richard W. Carney
Nanyang Technological University (NTU) – S. Rajaratnam School of International Studies
ADBI Working Paper No. 269

Is the harmonization of financial regulatory regimes possible in East Asia? Focusing on corporate governance, which many see as a critical part of the 1997 Asian financial crisis, and which is also seen as unresponsive to calls for change, this paper argues that such harmonization is possible, but that it will not be according to the “best practices” advocated by the International Monetary Fund, World Bank, Organisation for Economic Co-operation and Development, and other international organizations. At present, actors generally feign compliance with these international rules and standards. But this creates potential long-term problems by allowing distortions to persist and accumulate over time. By identifying the key actors that determine regulatory outcomes, this paper points to an alternative regulatory framework that would be adopted more comprehensively. This alternative framework is a compromise between the “best practices” advocated by international organizations, and the domestic political realities of East Asia.

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Labor Rights and Environmental Protection Under NAFTA and Other U.S. Free Trade Agreements

David A. Gantz
University of Arizona – James E. Rogers College of Law
University of Miami Inter-American Law Review, 2011
Arizona Legal Studies Discussion Paper No. 11-13

The article reviews the evolution of labor and environmental provisions of key U.S. free trade agreements, including NAFTA, the United States – Jordan FTA, CAFTA-DR, and the United States – Peru Trade Promotion Agreement. Particular attention is given to procedures for citizen submissions, dispute settlement, possible trade sanctions and opportunities for consultation and technical assistance. Labor rights and environmental protection are also analyzed as human rights under other international agreements. FTA provisions have the advantage of being “hard” treaty-based law but depend on the Parties’ good faith efforts to meet the goals of improving national labor and environmental laws and their implementation, efforts that have not always been present. Objectives are most likely to be achieved if each agreement makes provision, either in the text or in supplemental agreements, for quasi-independent secretariats that have adequate financial resources and freedom from undue interference by the Parties. The United States, for its part, should be prepared to provide technical expertise, adequate financial support, opportunities for meaningful consultation and occasional diplomatic pressure.

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Institutional Partnership or Critical Seepages?: The Role of Human Rights Non-Governmental Organisations in the United Nations

Dianne Otto
Melbourne Law School
INTERNATIONAL HUMAN RIGHTS LAW: SIX DECADES AFTER THE UDHR AND BEYOND, M. Baderin and M. Ssenyonjo, eds., Ashgate, 2010
U of Melbourne Legal Studies Research Paper No. 532

. . . Today, six decades after the adoption of the UDHR, the accounts of the role of human rights NGOs in the promotion and protection of universal human rights are manifold. The majority of commentators describe a considerably more expansive role that the consultative function, limited to the economic and social field, which was envisaged in the UN Charter. Many accounts celebrate human rights NGOs as indispensable to the operation of the UN systems for promoting the domestic implementation of human rights. . . . There are also less celebratory accounts. Stalwarts of the realist tradition have always maintained that the impact of human rights NGOs is negligible, while others have suggested that they are merely a voice-piece for ‘global elites’, a neo-imperial tool for the promotion of western liberal values aimed at ‘civilizing savage cultures’ and, themselves, ‘part of the problem’. The following account of the role of human rights NGOs has relatively modest goals. It will focus on the proliferation of both formal and informal institutional developments in the UN that have enabled human rights NGOs to participate in increasing numbers in a very broad array of inter-governmental forums, and examine how this has shaped and challenged both the way that institutions have approached the development of international human rights law and its implementation, and the ways that that NGOs have sought to influence institutional processes. After outlining many of the developments I have in mind, my discussion will focus on the challenges that increased institutional interaction presents, on the one hand, to multilateral institutions and their member states and, on the other hand, to the way that human rights NGOs conceive of their role. For the institutions, while there is much to gain, there are many unresolved problems about how to deal with those states who fear criticism by NGOs, and how to formalise NGO involvement in a way that is controllable and does not displace states from their ‘primary’ role. For NGOs, there are problems associated with the institutional privileging of western NGOs, the extent of compromise that engagement extracts and the dangers of institutional cooption. . . .

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The Importance of Participatory Virtues in the Future of Environmental Education

Matt Ferkany
Michigan State University – Department of Philosophy
Kyle Powys Whyte
Michigan State University – Department of Philosophy

Participatory approaches to environmental decision making and assessment continue to grow in academic and policy circles. Improving how we understand the structure of deliberative activities is especially important for addressing problems in natural resources, climate change, and food systems that have wicked dimensions, such as deep value disagreements, high degrees of uncertainty, catastrophic risks, and high costs associated with errors. Yet getting the structure right is not the only important task at hand. Indeed, participatory activities can break down and fail to achieve their specific goals when some of the deliberators lack what we will call participatory virtues. We will argue for the importance of future research on how environmental education can incorporate participatory virtues to equip future citizens with the virtues they will need to deliberate about wicked, environmental problems. What is the role of education for deliberative skills and virtues relative to other aspects of environmental education, such as facts and values education? How important is it relative to careful design of the deliberative process? What virtues really matter?

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A Perspective from Honduras’ Civil Society Truth Commission

Craig Scott
York University – Osgoode Hall Law School

The present document formed the basis for a presentation by the author to the Standing Committee on Foreign Affairs and International Development of the House of Commons of Canada during a March 9, 2011, hearing on the situation in Honduras. After referencing the June 28, 2009, coup d’ état in Honduras, the author describes how the post-coup political situation led to the creation of two commissions – a Truth and Reconciliation Commission (Comisión de la Verdad y de Reconciliación, or CVR) given its mandate to investigate the “crisis” of June 28, 2009, by the current holder of the Honduran Presidency, Porfirio (Pepe) Lobo, and a Truth Commission (Comisión de Verdad, or CV) given a mandate centred on both the coup and the post-coup human rights environment by a coalition of six Honduran human rights organizations. From his perspective as one of nine Commissioners on Honduras’ civil-society Truth Commission, the work of that commission is outlined in terms of the approach being taken to its research and analysis. Three central messages are then conveyed. First, the situation in Honduras since the coup has been one of human rights peril and, surprisingly as it may seem to some external observers, the situation may be getting worse in significant respects since the de facto, post-coup regime gave way in January 2010 to a President who emerged from an electoral process six months after the coup. Second, Honduras, other states, and the Organization of American States should think of the truth-seeking mandates of the two commissions in terms of a certain complementarity, as a result of which all actors should have the benefit of the reports of both commissions in order to allow broader, more informed, and more inclusive national and international deliberations on ways forward for Honduras. Third, each commission has its work cut out for it with respect to understanding the multiple ways in which the compromised state of the rule of law in Honduras is central to the problems of Honduras and in which transformation of that situation is central to any meaningful way forward for Honduras. Appendices include: a document tabled by Craig Scott in advance of the Standing Committee hearing, being a distillation into some 10 pages of an October 2010 60-page report prepared by Reina Rivera Joya for the Dutch NGO, HIVOS/ Humanist Institute for Development Cooperation (Impunity in Honduras [Post Coup d’Etat June 28, 2009]: General Guidelines for Engagement ); and a document tabled by another hearing witness, Bertha Oliva of COFADEH / Comité de Familiares de Detenidos-Desaparecidos de Honduras, being another 10-page distillation of a longer report just released by COFADEH in March 2011 (Report on the Human Right Situation in Honduras – January 2010 to January 2011). Both original documents were in Spanish and the English versions in Appendices 4 and 5 were translated by the translation services of the Parliament of Canada.

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Citizenship without Respect: The EU’s Troubled Equality Ideal

Dimitry Kochenov
University of Groningen – Faculty of Law
Jean Monnet Working Paper (NYU Law School) No. 08/10

The European Union suffers from an empty formalistic reading of the principle of equality when dealing with situations where different legal orders legitimately compete, aspiring to regulate the condition of the same persons in the same circumstances. Consequently, equality before the law is not safeguarded in the Union, and a radical reform of the procedural reading of the principle of equality is required. Most importantly, to live up to being a true principle of EU law, equality in the EU needs to acquire a substantive component which is entirely missing at the moment. This paper looks at the procedural vistas informing the ECJ’s attempts to address the EU’s fundamental problems through the redefinition of the scope ratione materiae of EU law following the introduction of Union citizenship, only to find the outcomes of such efforts inadequate and potentially dangerous for the rule of law in Europe. It is suggested that a substantive approach to equality could be employed instead, and that the idea of respect, lying just as equality itself, at the core of the notion of citizenship – and the law as such – could supply the missing core of the equality principle, providing the much-needed cure for some crucial deficiencies of EU law as it currently stands.

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Right of Self Determination in International Arena

Rajat Dosi
affiliation not provided to SSRN

The rights of peoples and non-recognized nations to obtain sovereignty fall within the rubric of self-determination. This right to self-determination is also considered as a principle of customary international law and thus, states have an obligation to facilitate the exercise of such right. Further This principle is even considered as a peremptory norm of international law.

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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
Abstract:

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.

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An Agenda for the Obama Administration on Gender Equality: Lessons from Abroad

Adrien K. Wing
University of Iowa – College of Law
Samuel P. Nielson
Crowell & Moring, Associate Attorney
Michigan Law Review, Vol. 107, p.124, 2009
U Iowa Legal Studies Research Paper No. 11-16

This article focuses on one question, how should President Obama and his new administration affect social justice for women? There are four main overlapping possibilities to tackle gender inequality problems. The first method is to ratify the Convention on Elimination of Discrimination Against Women (“CEDAW”). The second approach, which is increasingly used in newly drafted or amended constitutions, embraces specific language regarding gender equality. The third method, followed in some constitutions, national legislation, or party rules, is the use of quotas reserving fixed numbers of seats for women in national or local legislatures. The final approach, followed by countries in the prior categories, is national legislation implementing gender equality in various spheres.

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

Seo-Young Cho
University of Goettingen (Gottingen)
Axel Dreher
University of Goettingen (Gottingen); ETH Zurich – KOF Swiss Economic Institute; CESifo (Center for Economic Studies and Ifo Institute for Economic Research); Institute for the Study of Labor (IZA)
Eric Neumayer
London School of Economics and Political Science (LSE)
CESifo Working Paper Series No. 3376

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

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Cultural Diversity and International Law

Christa Rautenbach
North-West Unversity
INTERNATIONAL LAW AND INSTITUTIONS, Aaron Schwabach, Arthur John Cockfield, eds., Encyclopedia of Life Support Systems(EOLSS), Developed under the Auspices of the UNESCO, EOLSS Publishers, Oxford, UK, 2011

This contribution provides an overview of the concept “cultural diversity” in international law. The first part is dedicated to the never-ending quest to give meaning to cultural diversity, and it is argued that the contemporary international definition of culture as a “way of life” is necessary to give recognition to the varied ways in which culture can be seen globally. An open-ended definition of culture and, more specifically, cultural diversity is sensible in the light of the fact that States needs to interpret the concept in accordance with domestic needs. The second part of the contribution is a short historical overview of the development of the concept of cultural diversity in international law. UNESCO, an international organisation established by the UN, is the main body responsible for fostering cultural diversity. It was originally set up to counter wars that transpired as a result of ignorance of cultural differences between people, most notably against the background of the Second World War. Historical facts reveal that cultural diversity has evolved from differences between mere external practices (works of art) to an all-encompassing concept referring to all manifestations of cultural differences. In this regard, UNESCO’s policies commenced with the exchange of cultural knowledge with the purpose of sensitising the international community to cultural differences. In line with global demands and developments its policies developed over the years to acquire other dimensions, including politics, human rights, sustainable development, democracy, and knowledge interchanges. The third part of the contribution goes over the main points of the 2009 UNESCO World Report, a trendsetting document aiming to put into practice what have been only theoretical discussions thus far. Before the concluding remarks are made, the fourth part presents a sample of the most important international instruments pertaining to culture and cultural diversity.

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Writing Tax Treaty History

Richard J. Vann
Sydney Law School
HISTORY OF TAX TREATIES, M. Lang, E. Reimer, eds., Baden-Baden, Forthcoming
Sydney Law School Research Paper No. 10/19

2008 was a significant year for scholars interested in the history of tax treaties. Apart from the Rust tax treaties history conference, the main event was the release of the OECD archives in September when the OECD celebrated the 50th anniversary of the OECD Model (or more accurately the release of the first report of the OEEC that led to the 1963 draft model). An essay on writing tax treaty history thus has an element of chicken and egg about it. Many of the comments may prove to be unnecessary or unfounded in the light of what scholars are producing, and in any event quickly dated. Nonetheless I want to discuss two main topics, how we write tax treaty history and why we write tax treaty history. Although the why should come first and to some extent dictate the how, most scholars currently interested in the topic are lawyers and come to history with a lawyer’s instrumental view of history – we want to understand the history of tax treaties because we are trying to interpret current treaties and think that the history will assist us in the task of interpretation. Hence I will initially assume that this is the why and discuss the writing of tax treaty history with that object in mind. Then I will turn to a series of possible whys, and differences in the way the historian views history writing compared to how lawyers practice it.

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Secrecy and Good Governance

Craig Scott
York University – Osgoode Hall Law School
Daniel P. Fata
The Cohen Group
GlobalBrief.ca, February 2011

Co-author Scott debates Daniel Fata (Vice-President of the Cohen Group in Washington, DC; US Deputy Assistant Secretary of Defense for Europe and NATO Policy from 2005 to 2008) in the Nez-à-Nez section of the quarterly world affairs magazine, Global Brief. The proposition put to Scott and Fata by Global Brief was: ‘Secrecy is a necessary condition for good governance’. Scott argued against and Fata argued for the proposition. In the result, both conceded aspects of the other’s position, while maintaining distinctly different views about where – and, notably, when – to draw the line between secrecy and transparency. The debate addresses good governance generally but focuses more particularly on governance as it relates to foreign policy decision making and diplomatic statecraft, against the backdrop of the rise of Wikileaks and with special reference to Wikileaks’ release of US Embassy cables. Specific contexts raised as examples include the Iran-Contra affair, the US and UK roles in the Iraq invasion and its aftermath, the coup d’état in Honduras, sanctions against Zimbabwe, war crimes in Sri Lanka, transfer of detainees to torture by Canada, and nuclear weapons in the hands of Israel and Iran. The present SSRN version appears on the Global Brief website, while a substantially identical version appears, differently formatted and with final edits, in the print edition.

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Book Review: Legal Principles in WTO Disputes by Andrew D. Mitchell

Marion Panizzon
University of Bern Law School — World Trade Institute
American Journal of International Law, Vol. 105, No. 1, p. 181, January 2011

Andrew Mitchell’s book (“Legal Principles in WTO Disputes”) offers an account of the interplay of WTO with wider public international law viewed through the prism of principles. One part legal theory, one part case study, the book first develops a doctrinal framework for principles, which it then applies to four principles – good faith, due process, proportionality, and special and differential treatment (SDT) – that figure prominently in WTO panel and Appellate Body reports. Like other scholarly contributions in the field, Mitchell also discusses the circumstances for when principles may become law applicable in a WTO dispute. In his view, principles must dispose of a concrete legal basis in established rules of international law, be sufficiently clear and coherent and not contradict the plain meaning of a WTO agreement. If too vaguely defined, the WTO tribunals are encouraged to defer use of that principle until state practice has more reliably concretized its meaning. Yet, if found within the Appellate Body’s inherent jurisdiction, a principle may be applicable despite the absence of a basis in the text of a WTO agreement or in the VCLT. Whether this exception, which Mitchell’s book makes for due process (but not good faith or proportionality), will appease the fears that Panels and the Appellate Body may be overreaching their mandate is questionable. Along such lines, a more assertive articulation of how principles may impact on the future development of WTO law would have offered the trade lawyer some more material for debate. Nonetheless, the book’s authoritative taxonomy of principles in WTO law lays a solid doctrinal foundation for further research in this area.

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Language Discrepancies in WTO Law

Bradly J. Condon
Instituto Tecnológico Autónomo de México (ITAM) – School of Law; Bond University – School of Law

The purpose of this paper is to establish a starting point for the discussions on linguistic discrepancies. Section I outlines the problem of discrepancies between English, French and Spanish versions of WTO legal texts. Section II provides examples of the types of issues and discrepancies that can arise and provides a preliminary categorization of discrepancies. Section III surveys discrepancies in the Agreement on Safeguards.

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Sticking to the Text: The Recurring Theme of Formalism In
American and WTO Appellate Body Jurisprudence

Ahmad Chehab
Wayne State University

. . . Th[e] rule-based system developed by the WTO has spawned a particularly stringent form of textual interpretation to triumph as the singular analytical framework used by the Panel and AB. As the AB has explained, “the basic principle of interpretation that the words of a treaty [must] be given their ordinary meaning” requires the WTO to “take adequate account of the words actually used in the treaty.” In the view of the AB, “[a] treaty interpreter must begin with, and focus upon, the text of the particular provision to be interpreted. It is in the words constituting that provision, read in their context, that the object and purpose of the states parties to the treaty must first be sought.” Associated with the rule-based system at the WTO is the dominance of panelists on both the Panel and the AB originating often from an exclusive legal education background. Legal reasoning at both bodies has often consisted of lengthy, tedious and painstakingly thorough opinions released often numbering hundreds of pages at times, accompanied with plentiful legalese. In the following essay, I compare the textualist emphasis in American and WTO jurisprudence. I argue that U.S. courts-both State and Federal- often employ textualist devices divorced from other interpretative tools (such as legislative history), and equally so, the AB. Moreover, the AB has also been notorious for its unwillingness to situate its legal analysis within a framework which firmly articulates both the normative and policy considerations and consequences of its decisions. I propose that the AB doctrinally require when engaging in interpretation to consider “design, architecture and revealing structure” of the treaty provision at issue in order to better discern its object and purpose. Stated in another way, this approach would emphasize the need for a holistic approach to treaty interpretation and thus be in greater accordance with the framework.

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Some Reflections on Self-Defense, Aggression, and the 2006 Israeli Hezbollah War: An International Legal Assessment

Ahmad Chehab
Wayne State

Proportionality as an analytical tool for assessing the legality of armed attacks and responses form a central topic of concern in the Arab-Israeli conflict, where the equivalence between Israel and an armed militia like Hezbollah or Hamas in a given setting are virtually never equivalent. This essay examines from an international legal standpoint the legality of the IDF’s military assault against Lebanon in July of 2006 from a jus ad bellum and jus in bello perspective. More specifically, it examines whether Israel could lawfully invoke the right of self-defense, taking account of the factual circumstances and justifications proffered by those sympathetic to the Israeli version of events. It also examines the issue of aggression in the context of IDF actions during the war.

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Transnational Securities Fraud and the Extraterritorial Application of U.S. Securities Laws: Challenges and Opportunities

Genevieve Beyea
affiliation not provided to SSRN

With globalization, securities markets have become increasingly interconnected, and securities fraud frequently crosses borders, creating problems for national regulators seeking to deter and punish fraud. The United States’ well-developed private enforcement mechanism for securities fraud is very attractive to investors around the world who are harmed by transnational securities fraud, particularly those from countries where private enforcement mechanisms do not exist or fraud is under-regulated. However, the application of U.S. securities law to foreign investors presents a number of challenges, creating the potential both for under and over regulation, as well as possible conflict with the regulatory systems of other jurisdictions. This Article outlines the current law on extraterritorial application of the securities antifraud rules, including a number of important recent developments in the case law. It examines the challenges presented by the increasing globalization of financial markets, and provides a fresh perspective in the debate on the proper scope of the extraterritorial application of U.S. securities law. Ultimately, this Article argues against further judicial limitations on the extraterritorial application of the securities laws, but urges the development of a multilateral agreement to address the numerous and significant challenges presented by transnational securities fraud.

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The Boundaries of Most Favored Nation Treatment in International Investment Law

Tony Cole
University of Warwick – School of Law

The operation of MFN clauses in international investment agreements is one of the most controversial areas of international investment law, and is currently dominated by a teleological approach called the “non-discrimination” interpretation. According to this approach MFN clauses should be interpreted in the manner that would result in the greatest degree of competitive equality in a market. It is argued here that this interpretation is both mistaken and causes serious problems in the international investment context, due to the limitations it places on the policy-making freedom of States. The article includes both a discussion of the history of MFN clauses and an analysis of the functioning of MFN clauses in international investment agreements. It argues that close attention to the history of MFN clauses shows that they have never been adopted by States as a “non-discrimination” clause. In addition, a proper appreciation of their function within international investment agreements identifies certain structural limitations on their operation, that remain in place even when they have an effect that is inconsistent with market equalisation. Consequently, the “non-discrimination” interpretation must be rejected.

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‘Leave Now’: A Proposal to Reconcile Justice and Pragmatism in Democratically Transitioning Countries

Andrew Winerman
University of Virginia – School of Law, Alumnus or Degree Candidate Author

This paper proposes a mechanism to protect incipient democracies through the creation of an international pension system that would pay retiring leaders from those young democracies substantial sums upon stepping down democratically and constitutionally. It also considers under what circumstances the system may be extended to leaders who did not come to power democratically or who might have at least some antidemocratic history. These payments are designed to provide an incentive for peaceful transitions of power and improve the chances that democracy with regular transitions of power will consolidate. The Ibrahim Prize, an existing prize which provides retiring sub-Saharan African leaders who have met a high standard of governance with a substantial lifetime pension, is contrasted with the rule-based character of this award. The financial cost of endowing the award is analyzed. Various design decisions and potential problems are also extensively considered. Among those problems are the possibility that power is more important than money for some leaders, that the decision of a national leader to retire might not lead to a democratic transition, the existence of prior bad acts by potential recipients, the risk that the award might cheapen national leadership, and finally that there may be spoiler problems at both the international and domestic level.

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The Challenge of Climate Change Adaptation: Learning from National Planning Efforts in Britain, China, and the United States

Daniel A. Farber
University of California, Berkeley – School of Law

This paper surveys projected climate impacts and national planning efforts in three major countries. The three countries are in varying stages of planning for climate adaptation. Planning frameworks in all three countries suffer from a lack of specificity and urgency. To address this situation, the paper recommends the use of scenario planning, including consideration of high-impact scenarios, to address the downside risks of climate change, and identifying and prioritizing impacts on vulnerable populations such as the elderly, the poor, and coastal communities.

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Foreign Aid and Regime Change: A Role for Donor Intent

Sarah Blodgett Bermeo
Duke University

This paper uses data from the AidData project to analyze the association between foreign aid and the likelihood of democratization in aid recipients. Previous studies have argued that aid can entrench dictatorships, making a transition less likely. I find evidence that the relationship between aid and democratization depends on characteristics of the aid donor. During the period from 1992-2007, aid from democratic donors is often found to be associated with an increase in the likelihood of a democratic transition. This is consistent with a scenario in which aid promotes democratization and/or a situation in which democratic donors reward countries that take steps in a democratic direction. In either case, it suggests that democratic donors use scarce aid resources to encourage democracy. During the same period, aid from authoritarian donors exhibits a negative relationship with democratization. This suggests that the source of funding matters, with donor preferences regarding democracy helping to determine the link between aid and democratization.

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Grounds for Refusing Enforcement of Foreign Arbitral Awards under the New York Convention (A Comparison of the US and Sharia Law)

Rohullah Azizi
affiliation not provided to SSRN

In this [article], the refusal grounds under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is discussed. This requires discussing about different types of refusal grounds in light of Article V of the New York Convention. After that, the implementation of the New York Convention is discussed in the United States and under the Sharia Law. The question is how the US courts have construed each of those grounds? In other words, while the New York Convention does not give any definition from the refusal grounds, how broad or narrow the US courts have interpreted each of the grounds? The answer for the same question is followed under the Sharia Law. For finding the answer of this question, we need to refer to judicial decisions of the United States Courts in the cases in which one or more of those grounds are raised. However, discussing about what would be Sharia Law’s interpretation from those grounds will not be easy. Under the Sharia section, the theatrical bases for arbitration along with the relevant discussions to the refusal grounds both in Sharia’s main sources and Islamic jurisprudence (School of thoughts) is discussed. Finally, it is concluded that how the courts in the United States and under the Sharia Law construe and apply each of the refusal grounds.

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Environmental Reporting and Its Relation to Corporate Environmental Performance

Peter Clarkson
University of Queensland – Business School; Simon Fraser University (SFU) – Faculty of Business Administration
Michael Overell
affiliation not provided to SSRN
Larelle Law Chapple
Australian National University – School of Accounting and BIS
Abacus, Vol. 47, No. 1, 2011

This study examines how both the level and the nature of environmental information voluntarily disclosed by Australian firms relate to their underlying environmental performance. Disclosure is scored using an index developed by Clarkson et al. (2008) based on Global Reporting Initiative (GRI) Guidelines and the environmental performance measure is based on emission data available from the National Pollutant Inventory (NPI). The sample consists of 51 firms that reported to the NPI in both 2002 and 2006. The findings are as follows. First, descriptive statistics indicate that while there was modest improvement in disclosure between 2002 and 2006, the highest disclosure score obtained was just slightly in excess of 50% of the maximum available based on the GRI Guidelines. Second, the results consistently indicate that not only do firms with a higher pollution propensity disclose more environmental information; they also rely on disclosures that the GRI views as inherently more objective and verifiable. Taken together, these results suggest that concerns regarding the reliability of voluntary environmental disclosures in the Australian context remain valid and thereby potentially signal a need for both enhanced mandatory reporting requirements and improved enforcement. In this regard, our study also informs regulatory policy on mandatory disclosures of environmental performance.

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Recognising the Local Perspective: Transitional Justice and Post-Conflict Reparations

Quirine Eijkman

University of Leiden and the International Centre for Counter-Terrorism

The importance of the local perspective on transitional justice processes in post-conflict societies is discussed in this article. By focusing not only on reparations as transitional justice institutions, but also on the perception of ordinary people of their legitimacy, it analyses how these kinds of efforts potentially contribute to a sense of justice, reconciliation, social reconstruction at the community level and lasting peace. It thereby relies on socio-legal research conducted in the former Yugoslavia and, to a lesser extent, in Africa, Latin America and Asia. This article concludes with the observation that there is no one-size-fits-all approach to post-conflict reparations in transitional societies, but that there are some general lessons to be learned from the case of Bosnia and Herzegovina.

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Introduction to ‘Sustainable Development in World Investment Law’

Andrew Newcombe
University of Victoria – Faculty of Law
Markus Gehring
University of Cambridge – Faculty of Law
Marie-Claire Cordonier Segger
International Development Law Organization
SUSTAINABLE DEVEOPMENT IN WORLD INVESTMENT LAW, M.-C. Cordonier Segger, M. Gehring, A. Newcombe, eds., Kluwer Law International, 2010

This volume builds upon previous research on sustainable development in international trade law and policy, published in Sustainable Development in World Trade Law. The volume’s goal is to analyse the state of international investment law through the lens of sustainable development and to clarify how international investment law can contribute to sustainable development. The various chapters in the volume identify, characterize, and analyse existing rules, innovations, and best practices in international investment agreements, including the investment measures used by other sustainable development treaties and instruments.

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Statutory Interpretation and Indigenous Property Rights

Sean Brennan
University of New South Wales (UNSW) – Faculty of Law
Public Law Review, Vol. 21, pp. 239-262, 2010
UNSW Law Research Paper No. 2011-19

Four recent decisions concerning a) native title and b) statutory land rights confirm that the approach of the High Court to statutory interpretation has become a focal point in defining the relationship between indigenous peoples and the wider Australian community. These recent decisions and the longer-range judicial development of Australian law on Indigenous property rights raise questions about the consistency with which traditional common law principles of interpretation have been applied. After more than three decades of statutory land rights in the Northern Territory, recent developments suggest a perhaps higher than suspected capacity for Australian law and politics to accommodate strong Aboriginal property rights and decision-making power. This raises questions whether the legal containment of native title by judges and politicians in the aftermath of Mabo (No. 2) was an over-reaction to uncertainty and somewhat of a missed opportunity.

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History of the European Union

Dan D. Vataman
affiliation not provided to SSRN
LESIJ, Vol. 2, No. 17, 2010

This article aims to demonstrate how the project of the ‘European Union’ evolved both in the interwar period and in the years following the Second World War, focusing on promoters of the idea of federal Europe who attempted to find the best ways for building a suitable European Community development. The establishment of three European Communities in the 50`s, although they were mainly orientated economically also involved political cooperation, thus contributing to a new federal vision. Evolution of the European Communities has been marked by the widening of their accession of new members and by the review of the institutive treaties in order to speed and flexibly achieve those objectives. Given the constant changing of modern world, the European leaders had to agree on new rules that would take into account political, economic and social changes, while also meeting the aspirations and hopes of the Europeans. Signing the Lisbon Treaty was the recognition that the EU needs to modernize and to have effective and consistent tools, not only adapted to the functioning of a Union extended to 27 countries, but also to the rapid changes of the present day world. The Lisbon Treaty clearly defined objectives and values of the European Union on peace, democracy, human rights, justice, equality, rule of law durability and also set up a stable institutional framework which gives the ability to obtain better results closer to expectations of European citizens.

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The (Re)Turn to ‘Soft Law’ in Reconciling the Antinomies in WTO Law

Mary E. Footer
University of Nottingham School of Law
Melbourne Journal of International Law, Vol. 11, pp. 241-276, 2010

This article seeks to broaden our understanding of how World Trade Organization member governments have turned once again to ‘soft law’ in the WTO, as they did under the General Agreement on Tariffs and Trade, in order to regulate difficult and complex situations, to make WTO obligations more manageable and to offer solutions to seemingly intractable problems, some of which have significant distributive consequences. It starts by identifying soft international law in the GATT/WTO context, accounting for variable normativity and examining the facilitative and coordinating role of soft law. The responsiveness of soft law to various antinomies, or paradoxes, in GATT/WTO law is then explored on the basis of five propositions. First, soft law can elaborate upon ‘hard’ rules in order to give meaning to the rule’s soft content. Second, soft law can act as a precursor to the development of other legal norms. Third, the sourcing of soft law norms exogenously may have an impact on the further development of treaty rules. Fourth, soft law can be used to constrain otherwise hard legal norms. Fifth, soft responsibility may arise from the operation of soft law norms, in much the same way as ordinary responsibility, although very little attention has been paid to the matter.

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New Foundations of Transnational Private Regulation

Fabrizio Cafaggi
European University Institute – Department of Law (LAW)
Journal of Law and Society, Vol. 38, Issue 1, pp. 20-49, 2011

In section I of this article, the factors driving towards the emergence of new transnational private regulation (TPR) are identified in comparison with, on the one hand, merchant law and, on the other, international public regimes. In section II, the focus is on the private sphere, looking at both the different conflicts of interests arising in the regulatory relationships and the need for governance responses. In section III, institutional complementarity between public and private regimes is examined. In light of this approach, the claim that differences between public and private at the global level exist is substantiated. The public-private divide is analysed, comparing the domestic and the transnational level. Four different models of interaction are identified: hybridization, collaborative law-making, coordination, and competition. Section IV summarizes the results of the analysis, reconsidering the boundaries between public and private at transnational level.

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Tobacco Display Bans: A Global Failure

Patrick Basham
affiliation not provided to SSRN
John Luik
affiliation not provided to SSRN
Economic Affairs, Vol. 31, No. 1, pp. 96-102, 2011

This paper examines the effects of tobacco display bans in four countries: Canada, Iceland, Thailand and Ireland. The empirical evidence suggests that the bans have not been effective at reducing the incidence of smoking. They have, however, succeeded in severely damaging the revenues of the independent retail sector and bolstering the illicit market in tobacco.

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The Lessons of Stateless Income

Edward D. Kleinbard
USC Gould School of Law
USC CLEO Research Paper No. C11-2
USC Law Legal Studies Paper No. 11-7
Abstract:

This paper and its companion (Stateless Income) together comprehensively analyze the tax consequences and policy implications of the phenomenon of “stateless income.” Stateless income comprises income derived for tax purposes by a multinational group from business activities in a country other than the domicile of the group’s ultimate parent company, but which is subject to tax only in a jurisdiction that is neither the source of the factors of production through which the income was derived, nor the domicile of the group’s parent company. . . . The paper concludes that policymakers face a Hobson’s choice between the highly implausible (a territorial tax system with teeth) and the manifestly imperfect (worldwide tax consolidation). Because the former is so unrealistic, while the imperfections of the latter can be mitigated through the choice of tax rate (and ultimately by a more sophisticated approach to the taxation of capital income), the paper ultimately concludes by recommending a worldwide tax consolidation solution.

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How to Love the One You’re With: Changing Tax Policy to Fit Cap-and-Trade

Roberta F. Mann
University of Oregon School of Law
San Diego Journal of Climate and Energy Law, Vol. 2, p. 145, 2010

… This paper will begin with an introduction of climate change issues, including a brief history of international mitigation efforts. The next section will give an overview of cap-and-trade systems and describe how a typical cap-and-trade system would interact with the current federal income tax system. The discussion of the interaction of cap-and-trade with the income tax will include both direct and indirect effects. This section will then compare those effects with the potential impact of a carbon tax. The direct impacts of cap-and-trade on the income tax system occur because the “trade” part of cap-and-trade creates a new financial instrument that needs to be accounted for within the tax system. A carbon tax would not create a new financial instrument. Both a carbon tax and a cap-and-trade system could cause international trade issues that could affect the income tax system. Both a carbon tax and a cap-and- trade system, by placing an additional cost on energy-intensive products, could alter the effectiveness of existing energy tax incentives and place a disproportionate burden on low-income populations.

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The U.S. Left Behind: The Rise of IPO Activity Around the World

Craig Doidge
University of Toronto – Joseph L. Rotman School of Management
George Andrew Karolyi
Cornell University – Johnson Graduate School of Management
Rene M. Stulz
Ohio State University (OSU) – Department of Finance; National Bureau of Economic Research (NBER); European Corporate Governance Institute (ECGI)
Charles A. Dice Center Working Paper No. 2011-8
Fisher College of Business Working Paper No. 2011-03-008

During the past two decades, there has been a dramatic change in IPO activity around the world. Though vibrant IPO activity, attributed to better institutions and governance, used to be a strength of the U.S., it no longer is. IPO activity in the U.S. has fallen compared to the rest of the world and U.S. firms go public less than expected based on the economic importance of the U.S. In the early 1990s, the declining U.S. IPO share was due to the extraordinary growth of IPOs in foreign countries; in the 2000s, however, it is due to higher IPO activity abroad combined with lower IPO activity in the U.S. Global IPOs, which are IPOs in which some of the proceeds are raised outside the firm’s home country, play a critical role in the increase in IPO activity outside the U.S. The quality of a country’s institutions is positively related to its domestic IPO activity and negatively related to its global IPO activity. However, home country institutions are more important in explaining IPO activity in the 1990s than in the 2000s. The evidence is consistent with the view that access to global markets helps firms overcome the obstacles of poor institutions. Finally, we show that the dynamics of global IPO activity and country-level IPO activity are strongly affected by global factors.

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An Inconvenient Risk: Climate Change Disclosure and the Burden on Corporations

Camden D. Burton

On January 27, 2010, the SEC voted to require companies to disclose potential impacts of matters related to climate change.  This Recent Development addresses the complexity of disclosing impacts that can be diverse, far-reaching, potentially permanent, and above all, hard to quantify.  Corporations’ definition and measurement of risks in accordance with their obligations under the SEC’s guidance will require additional and strenuous effort to consider the wide-ranging risks in the required situation-based, fact-driven analysis. This Recent Development explores the task ahead of companies when filing reports with the SEC. First, it discusses the relationship between climate change and corporations and lays out the recent SEC Climate Change Guidance.  Second, it discusses how, in light of the limited information about climate change risks previously contained in 10-K filings and even in the various voluntary disclosure mechanisms, the SEC Climate Change Guidance requires more from companies to provide investors with all relevant information. Third, it raises concerns about the additional burden placed on corporations by the SEC Climate Change Guidance to identify and measure risks, arguing the nature of climate change makes the materiality determination more difficult than other recently identified disclosure requirements. Finally, the piece evaluates the potential cost to companies of disclosing in light of the potential maximum liability for risks related to climate change, concluding the additional cost of thorough evaluation risks is entirely justified.

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Kiobel and Corporate Immunity Under the Alien Tort Statute: The Struggle for Clarity Post-Sosa

By Dorothy Shapiro

Harv.Int’l Law Journal Student Commentary

This commentary examines the Kiobel decision against other recent interpretations of the ATS, especially those following the Supreme Court’s decision in Sosa v. Alvarez-Machain. Although corporate immunity makes little sense doctrinally, this commentary attempts to provide a rationale for the Second Circuit’s decision. The Kiobel decision was largely the product of policy concerns about expanded use of the ATS. And it stems from the Supreme Court’s mandate to lower federal courts to exercise “vigilant doorkeeping”: narrowing ATS claims to those that arise under “customary international norms.” Confusion over what body of law determines enforcement standards has resulted in varying interpretations of ATS jurisdictional boundaries, and has contributed to the vigorous Second Circuit decision in Kiobel.

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What is Additionality? Part 1: A long standing problem

Michael Gillanwater

This article is the first in a three-part series whose overall aim is to more precisely define the terms “additionality” and “baseline” in the context of environmental policy and propose a conceptual framework for applying these concepts within offset policies. The elaboration of precise and theoretically well-grounded definitions of these terms is a necessary precursor to their application in real world offset programs in a way that allows programs to operate with both greater credibility and effectiveness. Through a historical analysis and literature review, it is shown that the current language employed to discuss additionality and baselines in greenhouse gas emissions offset policy is imprecise and that major offset programs and standards are built upon a circular definition of additionality. The roots of these problems have been a failure to specify a precisely defined policy intervention, which has left additionality and baseline assessment decisions to politics and ad hoc justifications. Definitions of additionality and baseline are proposed that are intended to be broadly applicable to offset policies and programs addressing any public goods issue at any scale, from traditional project-based initiatives to larger scales such as for an entire economic sector.

……

What is Additionality? Part 2: A framework for a more precise definition and standardized approaches

Michael Gillanwater

The aim of this article is to propose a conceptual framework that will allow offset policy makers and program administrators to shift their additionality assessment processes away from subjective “tests” towards more standardized approaches based on clearly specified policy interventions, theories of behavior, models, and variables. This framework is intended to be generalizable to any type of offset credit policy or program. A reason for explicitly elaborating and using a model with variables is that it offers to the assessment process the potential for greater transparency, objectivity, and replicability, as well as a falsifiable hypothesis that can then be challenged and improved upon. The challenge for offset policy makers is evaluating whether offset program administrators can create models for additionality and baseline assessments for a given class of activities that are good enough to provide net benefits greater than the alternative policies available to achieve a given objective. A key message of this article is that offset mechanisms, to be credible, need to better define the scientific basis of additionality and baselines. And even though perfect certainty is unattainable, offset quality can be improved with clearer assumptions, better models, and greater attention to the rules of scientific inference, which are critically important when considering the use of standardized approaches. Offset policy makers and program administrators should shift their assessment framework away from subjective, case-by-case “tests” and instead think in terms of policy interventions, theories of behavior, and objective models and variables.

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What is Additionality? Part 3: Implications for stacking and unbundling

Michael Gillanwater

The issue of how to address the situation of overlapping offset crediting programs has not been widely discussed in the literature or by policy makers. The policy question is then whether a single activity can earn offset credits from more than one of offset credit program. Further, how does our understanding of additionality affect how we address this issue of overlapping offset crediting policies? If offset policies are successful and expand, then overlapping crediting policies will be increasingly common in the future. This issue is colloquially referred to as stacking. This brief article applies the conclusions regarding additionality from Parts 1 and 2 of this series to the issue of stacking. It presents and analyzes specific options for how to apply the concept of additionality to activities that could potentially stack offset credits. And lastly, it suggests a practical way forward for policy makers. The overall reason to allow stacking is that incentives can be provided to actors (e.g., project developers) that better account for the recognized public benefits expected to be delivered by their proposed activity. Of the options that allow stacking, the primary tradeoff appears to be between the aggregate administrative and coordination burden and the cost- effectiveness of the overall approach.

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Conservation management of rivers and wetlands under climate change – a synthesis
Richard T. Kingsford
Australian Wetlands and Rivers Centre, School of Biological, Earth and Environmental Science, University of New South Wales, NSW 2052, Australia.Email:richard.kingsford@unsw.edu.au

Dams, diversion of water, invasive species, overharvesting and pollution are degrading rivers and wetlands. Climate change may exacerbate impacts of these threats through predicted reductions in rainfall and increased temperature, decreasing flow and altering timing and variability of flow regimes. Papers in this special issue identify conservation-management strategies for wetlands and rivers through recovery of flow regimes, alteration of dam operations, protected-area management and improved governance and adaptive management. On most regulated rivers, flow regimes should be recovered by increasing environmental flows. Alteration of dam operations can also improve river health through structures on dams (e.g. fishways, multi-level offtakes), reinstating floodplains and improving flow delivery. Further, time-limited licensing for dams and accompanying regular assessments of safety and of environmental and socioeconomic impacts could improve operations. Protected areas remain the core strategy for conservation, with recent improvements in their identification and management, supported by analytical tools that integrate across large spatial and temporal scales. Finally, effective conservation requires good governance and rigorous adaptive management. Conservation management of rivers and wetlands can be significantly improved by adopting these strategies although considerable challenges remain, given increasing human pressures on freshwater resources, compounded by the impacts of climate change.

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Greenwash: Corporate Environmental Disclosure Under Threat of Audit

Thomas P. Lyon
University of Michigan – Stephen M. Ross School of Business
John W. Maxwell
Indiana University – Kelley School of Business; Richard Ivey School of Business
Journal of Economics & Management Strategy, Vol. 20, Issue 1, pp. 3-41, 2011

We develop an economic model of greenwash, in which a firm strategically discloses environmental information and an activist may audit and penalize the firm for disclosing positive but not negative aspects of its environmental profile. We fully characterize the model’s equilibria, and derive a variety of predictions about disclosure behavior. We rationalize conflicting results in the empirical literature, finding a non-monotonic relationship between a firm’s expected environmental performance and its environmental disclosures. Greater activist pressure deters greenwash, but induces some firms to disclose less about their environmental performance. Environmental management systems discourage firms with poor expected environmental performance from greenwashing, which may justify public policies encouraging firms to adopt them.

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Thinking Through the Climate Change Challenge

Robert W. Hahn
University of Oxford, Smith School; University of Manchester; Georgetown University
David Anthoff
University of California, Berkeley – Department of Agricultural & Resource Economics
Elizabeth Baldwin
University of Oxford – Nuffield College
Linda R. Cohen
University of California, Irvine – Department of Economics
Diane Coyle
University of Manchester – Institute for Political & Economic Governance (IPEG)
Partha Dasgupta
University of Cambridge – Faculty of Economics and Politics; The Royal Swedish Academy of Sciences – Beijer International Institute of Ecological Economics
Simon Dietz
London School of Economics – Grantham Research Institute on Climate Change and the Environment and Department of Geography and Environment
David J. Frame
affiliation not provided to SSRN
Geoffrey M. Heal
Columbia Business School; National Bureau of Economic Research (NBER)
Cameron J. Hepburn
University of Oxford – Smith School of Enterprise and the Environment
Michael Hoel
University of Oslo; CESifo (Center for Economic Studies and Ifo Institute for Economic Research)
Charles D. Kolstad
University of California, Santa Barbara – Department of Economics
Andreas Lange
University of Hamburg; Center for European Economic Research (ZEW) – Environmental & Resource Economics
Robert O. Mendelsohn
Yale University – Department of Forestry & Environmental Science
Karine Nyborg
University of Oslo – Department of Economics; University of Oslo – Ragnar Frisch Centre for Economic Research
Ian W. H. Parry
Resources for the Future
Peter Passell
Milken Institute
Kenneth R. Richards
Indiana University, School of Public and Environmental Affairs; University of Oxford, Smith School of Enterprise and the Environment
Robert Ritz
affiliation not provided to SSRN
Thomas C. Schelling
University of Maryland
Massimo Tavoni
Fondazione Eni Enrico Mattei (FEEM); CMCC – Euro Mediterranean Centre for Climate Change
Alistair Ulph
University of Manchester – Faculty of Humanities
Herman R.J. Vollebergh
Tilburg Sustainability Center; Netherlands Environmental Assessment Agency; Erasmus University Rotterdam – Department of Economics
Anastasios Xepapadeas
Athens University of Economics and Business
Scott Barrett
Columbia University – School of International & Public Affairs (SIPA)
James K. Hammitt
Harvard University
CLIMATE CHANGE AND COMMON SENSE: ESSAYS IN HONOUR OF TOM SCHELLING, R. Hahn and A. Ulph, eds., Oxford University Press, Forthcoming

In October 2010, a group of leading thinkers on environmental policy met at the Sustainable Consumption Institute at the University of Manchester for a conference in honour of Nobel Laureate Tom Schelling. This column presents a 10-point guideline for climate change policy co-authored by 26 attendees that focuses on designing policies that are credible, easily monitored, and easily enforced.

II. Books

From Bilateralism to Community Interest:
Essays in Honour of Bruno Simma

(Oxford Univ. Press, March 2011)
Edited by Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Tracing the development of international law from regulating bilateral state-to-state relationships towards the promotion of the international community and the protection of human rights, this book, dedicated to the work of Judge Bruno Simma, forms a significant contribution to the theory and practice of international law.

Bruno Simma: Teacher and Judge
1: Rosalyn Higgins: From Academic to Judge
2: Christopher McCrudden: Speech in Honour of Bruno Simma’s Election to the International Court of Justice
3: Eric Stein: Bruno Simma, The Positivist?
4: Gerd Westdickenberg: Bruno Simma: A Friend, an Academic Teacher and a Partner Before Court

From Westphalia to World Community: Theoretical Perspectives on International Law
5: Andrea Bianchi: The Fight for Inclusion: Non-State Actors and International Law
6: Ulrich Fastenrath: A Political Theory of Law: Escaping the Aporia of the Debate on the Validity of Legal Argument in Public International Law
7: Benedict Kingsbury, Megan Donaldson: From Bilateralism to Publicness in International Law
8: Martti Koskenniemi: The Political Theology of Trade Law: The Scholastic Contribution
9: Andreas Paulus: Reciprocity Revisited
10: Dirk Pulkowski: Universal International Law’s Grammar
11: Steven Ratner: From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
12: Peter-Tobias Stoll: The WTO as a Club: Rethinking Reciprocity and Common Interest
13: Daniel Thürer, Martin Zobl: Are Nuclear Weapons Really Legal? – Thoughts on the Sources of International Law and a Conception of the Law imperio rationis Instead of ratione imperii

The Institutional Dimension of Community Interests
14: Wolfgang Benedek: Multi-Stakeholderism in the Development of International Law
15: Brun-Otto Bryde: Transnational Democracy
16: James Crawford: Responsibilities for Breaches of Communitarian Norms: An Appraisal of Article 48 of the ILC Articles on Responsibility of States for Wrongful Acts
17: Vera Gowlland-Debbas: An Emerging International Public Policy?
18: Meinhard Hilf, Tim René Salomon: Running in Circles – Regionalism in World Trade and How It Will Lead Back to Multilateralism
19: Wolfgang Münch: The UN Laissez Passer – Legal Reflections and Managerial Issues
20: Hanspeter Neuhold: Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
21: Anne Peters: The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
22: Pemmaraju Sreenivasa Rao: The International Community and the Developing Countries – The International Community: Factual Interdependencies
23: Sabine von Schorlemer: Implications of the World Financial Crisis – What Role for the UN?
24: Werner Schroeder, Andreas Th. Müller: Elements of Supranationality in the Law of International Organisations
25: Christian J. Tams: Individual States as Guardians of Community Interests
26: Friedl Weiss: Sketching ‘Community interest’ in EU Law

Placing Human Rights Centre Stage
27: Orna Ben-Naftali: Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
28: Benedetto Conforti: The Specifity of Human Rights and International Law
29: Bardo Fassbender: Architectural Clarity or Creative Ambiguity? – The Place of the Human Rights Council in the Institutional Structure of the United Nations
30: Peter Hilpold: From Humanitarian Intervention to R2P: Making Utopia True?
31: Eckart Klein: Denunciation of Human Rights Treaties and the Principle of Reciprocity
32: Friedrich Kratochwil: Human Rights and Democracy: Is There a Place for Actual People(s)?
33: Hisashi Owada: Human Security and International Law
34: Alain Pellet and Daniel Müller: From Bilateralism to Community Interest – Reservations to Human Rights Treaties: Not an Absolute Evil…
35: Riccardo Pisillo Mazzeschi: The Relationship between Human Rights and the Rights of Aliens and Immigrants
36: Eibe Riedel: New Bearings to Social Rights? – The Communications Procedure under the ICESCR
37: Malcolm N. Shaw: Self-Determination, Human Rights and the Attribution of Territory
38: Christian Tomuschat: Universal Periodic Review: A New System of International Law with Specific Ground Rules?
39: Andreas Zimmermann: The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?

The Law-Making Function: The Progressive Development of International Law
40: Franz Cede, Christina Binder: Is there an Austrian Contribution to the Codification of International Law?
41: Giorgio Gaja: A New Way for Submitting Observations on the Construction of Multilateral Treaties to the ICJ
42: Rudolf H. Geiger: Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
43: Gerhard Hafner: Is the Topic Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
44: Andreas Heinemann: Business Enterprises in Public International Law – The Case for an International Code on Corporate Responsibility
45: Maurice Kamto: The Function of the Law and the Codification of the International Law in a Changing World
46: Sir Kenneth Keith: Bilateralism and Community in Treaty Law and Practice – of Warriors, Workers and (Hook-)Worms
47: Jan Klabbers: The Community Interest in the Law of Treaties: Ambivalent Conceptions
48: Georg Nolte: The ILC facing the Second Decade of the Twenty-first Century
49: Karl Zemanek: International Law Needs Development. But Whereto?

The Judicial Function: Balancing Individual and Community Interest
50: Armin von Bogdandy, Marc Jacob: The Judge as a Law-Maker: Thoughts on Bruno Simma’s Declaration in the Kosovo Opinion
51: Enzo Cannizzaro, Beatrice I. Bonafé: Of Rights and Remedies: Sovereign Immunities and Fundamental Human Rights
52: Olivier Corten: Judge Simma’s Separate Opinion in the Oil Platforms Case: To What Extent are Armed <“Proportionate Defensive Measures>” Admissible in Contemporary International Law?
53: Pierre-Marie Dupuy: Competition among International Tribunals and the Authority of the International Court of Justice
54: Thomas Fleiner: The Unilateral Secession of Kosovo as Precedent in International Law
55: Hans-Peter Folz: The Arbitration Panel for In Rem Restitution and Its Jurisprudence – Extreme Injustice in International Law
56: Francesco Francioni: The Right of Access to Justice to Challenge Security Council’s Targeted Sanctions: After-Thoughts on Kadi
57: Jochen A. Frowein: Kosovo and Lotus
58: Burkhard Hess: European Civil Procedure and Public International Law
59: Carsten Hoppe: Trends and Trials – The Implementation of Consular Rights a Decade After LaGrand
60: Robert Howse, Ruti Teitel: Global Judicial Activism, Fragmentation and the Limits of Constitutionalism in International Law
61: Hans-Peter Kaul, Eleni Chaitidou: Balancing Individual and Community Interests – Reflections on the International Criminal Court
62: Horst G. Krenzler, Oliver Landwehr: ‘A New Legal Order of International Law’: On the Relationship between Public International Law and European Union Law after Kadi
63: Guillermo R. Moncayo, Martin Moncayo von Hase: The International Court of Justice and the Environment: The Recent Paper Mills Case
64: Mary Ellen O’Connell: The Natural Superiority of Courts
65: Karin Oellers-Frahm: Judicial Redress of War Related Claims by Individuals: the Example of the Italian Courts
66: Christoph Schreuer, Ursula Kriebaum: From Individual to Community Interest in International Investment Law
67: Bernardo Sepúlveda-Amor: Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases
68: Rudolf Streinz: Judicial Function: Balancing Individual and Community Interests – Does the European Court of Justice keep the balance in Kadi?
69: Rüdiger Wolfrum: Enforcing Community Interests through International Dispute Settlement: Reality or Utopia?

International Law in Various Contexts
70: Philip Alston: Using International Law to Combat Unlawful Targeted Killings
71: Andrea Gattini: Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
72: Christine Kaufmann: International Law in Recession? – The Role of International Law When Crisis Hits: Food, Finance and Climate Change
73: Daniel-Erasmus Khan: Sailing the Wine-Dark Sea – An Unfinished Journey: Some very Preliminary Thoughts on Pirates and Other Pernicious People
74: August Reinisch: A History of the Doctrine of Odious Debts – Serving Individual/Bilateral or Community Interests?
75: Peter H. Sand: Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
76: Birgit Schmidt am Busch: Privatization of Military Flights in the Mesh of International and National Law
77: Nico Schrijver: The Impact of Climate Change: Challenges for International Law
78: Theodor Schweisfurth: The ILC’s Articles on State Responsibility and the German Federal Constitutional Court

79: Joseph Weiler: Abraham, Jesus and the Western Culture of Justice

Hardback | 1,376 pages | 978-0-19-958881-7

……

Market Integration and Public Services in the European Union
(Oxford Univ. Press, March 2011)

Edited by Marise Cremona

Offering an analysis of the most pressing issues relating to the interaction between market integration and the provision of public services in the EU, this book addresses the underlying systemic issues, confronting core tensions at the heart of the EU’s social and economic policy.

In a period when the nature and scope of the European internal market is hotly contested, this collection offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the ‘joint responsibility’ of the Union and the Member States.

Outlining the most important current issues relating to market integration and public services in the EU, this book also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services

Hardback | 288 pages | 978-0-19-960773-0
Series: Collected Courses of the Academy of European Law

……

Collective Security
(Oxford Univ. Press, March 2011)

Alexander Orakhelashvili

Collective security is a concept often mentioned but not always well understood. This book provides a comprehensive overview of the whole collective security system, encompassing the UN and regional organizations. It takes a bottom-up approach to analyzing these institutions, their competencies, and interactions, focusing on the relevant practice.

Over the past one hundred years, the conceptual and legal aspects of collective security have been the subject of much debate. Rapid developments within the United Nations, its precursor the League of Nations, and regional security institutions, as well as the interaction between them, mean this debate has not so far succeeded in capturing the essence and implications of collective security.

These developments in State and institutional practice strike at the heart of the entire system of collective security, which consists of universal, regional, and sub-regional levels, and indicate how the relationship between these various levels should be construed. Although the idea of collective security has raised high political expectations, it has always been based on legal instruments. Consequently, legal principles determine how far the delegated powers of collective security institutions extend and how the competencies of the United Nations relate to those of regional organisations.

This book demonstrates that this inter-level interaction could find its expression in cooperation as well as confrontation between various collective security institutions, and influence the scope of competence of relevant collective security organs. This process then reinforces the concept of the unity of the multi-faceted system of collective security within which no institution has the power to conclusively define or interpret its own competence or that of other institutions. The book’s originality lies in its dynamic and decentralised approach that focuses on the interaction between the different levels of collective security and in its comprehensive coverage of all pertinent institutions, competences, and relevant practice.

Hardback | 408 pages
£70.00 | March 2011 | 978-0-19-957984-6

……

Terrorism and the Law
(Oxford Univ. Press, March 2011)

Clive Walker

Terrorism and the Law offers a thoughtful and up-to-date discussion of the key materials on terrorism law. It provides comprehensive coverage of the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these laws, and of the practical issues raised.

Hardback | 632 pages | 978-0-19-956117-9

……

The United States and Torture: Interrogation, Incarceration and Abuse

(NYU Press, 2011)

Marjorie Cohen, ed.

Waterboarding. Sleep deprivation. Sensory manipulation. Stress positions. Over the last several years, these and other methods of torture have become garden variety words for practically anyone who reads about current events in a newspaper or blog. We know exactly what they are, how to administer them, and, disturbingly, that they were secretly authorized by the Bush Administration in its efforts to extract information from people detained in its war on terror. What we lack, however, is a larger lens through which to view America’s policy of torture — one that dissects America’s long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to “enemies,” ever since. How did America come to embrace this practice so fully, and how was it justified from a moral, legal, and psychological perspective?

Contributors: Marjorie Cohn, Richard Falk, Marc D. Falkoff, Terry Lynn Karl, John W. Lango, Jane Mayer, Alfred W. McCoy, Jeanne Mirer, Sister Dianna Ortiz, Jordan J. Paust, Bill Quigley, Michael Ratner, Thomas Ehrlich Reifer, Philippe Sands, Stephen Soldz, and Lance Tapley.

……

Behind the Scenes in International Arbitration

(Juris Publishing, May 2011)

Ugo Draetta

Though arbitration has become a big business, its proceedings are not open to the large public, because of their confidential — and sometimes opaque — nature. Thus, Ugo Draetta offers his perspective as an insider, outlining some behaviours of the various players in the arbitration stage, which are sometimes irrational, emotional, bizarre or counterproductive.  Drawn from the personal experiences of the author’s 30 years in the field, the book is essentially based on a number of real life anecdotes (obviously on a no name basis), some of which will have you laughing out loud. The players identified in the book are (a) the Parties, (b) the outside counsel, (c) the in-house counsel, (d) the arbitrators, and (e) the arbitral institutions. A separate chapter is devoted to each one of these players, ending with a “memo” summarizing the behaviours to be avoided. . . . This book aims to increase the efficiency, seriousness and dignity of arbitration proceedings, to the advantage of those who are presently players or aspire to become players in the arbitration stage.

……

Media matters in the cultural contradictions of the “information society” – Towards a human rights-based governance

(Council of Europe, 28/03/2011)

Divina Frau-Meigs

Is an online identity protected by freedom of expression or is it a form of publicity subject to trademark law? Is online privacy a commercial service or a public right? What are the limits of consent when dealing with privacy as a service? What are “free”, “open”, or “public” services on the Internet and how can citizens use them effectively? What policy initiatives can ensure that the digital networks deliver the goods, spectacles and services for our everyday activities that improve our quality of life? What role for governments, the private sector and civil society? What frameworks for international policy instruments to achieve a fair, inclusive and balanced governance of the media as they go digital? This work addresses these burning issues – and many more – that preoccupy decision makers, researchers and activists at all levels of society. It covers the issues of dignity, ethics, identity, privacy, cultural diversity, public service, gate-keeping and education in an encompassing human rights-based governance framework. Considering the perils and promises of each issue, the authors make constructive recommendations, insisting on the relation between local and global governance, the public value of media and digital networks and the benefits of multi-stakeholder partnerships.

……

Cities and Climate Change: Global Report on Human Settlements 2011
(Earthscan, March 2011)

UN-HABITAT

Cities and Climate Change examines the links between urbanization and climate change, the potentially devastating effects of climate change on urban populations and the policy responses and practices that are emerging in urban areas.

Over half of the world’s population now live in urban settlements, and the convergence of urbanization and climate change threatens to have an unprecedented impact on economies, quality of life, and social stability. Alongside these threats, however, is an equally compelling set of opportunities. The concentration of people, industries and infrastructure, as well as social and cultural activities, acts as a crucible of innovation – developing ways to reduce greenhouse gas emissions, improve coping mechanisms and reduce vulnerability to climate change impacts.

This new report from the United Nations Human Settlements Programme (UN-HABITAT), the world’s leading authority on urban issues, shows how cities can improve the way they operate in order to respond to climate change and provides practical strategies for strengthening their role as part of the solution. The Global Report on Human Settlements 2011 is the most authoritative and up-to-date global assessment of human settlements conditions and trends. Preceding issues of the report have addressed such topics as Cities in a Globalizing World, The Challenge of Slums, Financing Urban Shelter, Enhancing Urban Safety and Security and Planning Sustainable Cities.

……

La Convenzione europea dei diritti dell’uomo. Il ruolo del giudice

(Aracne editrice)

Roberto Giovanni Conti  Antonio Ruggeri

In una pubblicazione, edita nel 2002, dedicata alla Convenzione europea per la salvaguardia dei diritti umani il capitolo dedicato al ruolo della giurisprudenza italiana nell’applicazione della CEDU constava di appena sei pagine. Le riflessioni presenti in questo volume intendono, per un verso, dare atto dell’ormai inarrestabile capacità della Convenzione anzidetta di diventare “protagonista” di numerose e rilevanti pronunzie giurisprudenziali domestiche, ma anche – e soprattutto – “fotografare” il ruolo centrale progressivamente assunto dal giudice nazionale nella protezione dei diritti fondamentali. L’approccio triangolare seguito, aperto a individuare i rapporti fra la Costituzione, la CEDU e la Carta dei diritti fondamentali di Nizza-Strasburgo, intende offrire al lettore uno strumento che possa metterlo in condizione di esercitare, a ogni livello, il ruolo di difensore dei diritti fondamentali.

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 47: Mar 28, 2011

ALAN O’NEIL SYKES, EDITOR

The Exemption Provisions of the Sales Convention, Including Comments on ‘Hardship’ Doctrine and the 19 June 2009 Decision of the Belgian Cassation Court

Harry M. Flechtner, University of Pittsburgh – School of Law

Collective Punishment: a Coordination Account of Legal Order

Gillian K. Hadfield, USC Law School and Department of Economics, Stanford University – Center for Advanced Study in the Behavioral Sciences
Barry R. Weingast, Stanford University – The Hoover Institution on War, Revolution and Peace

Hard Versus Soft Law in International Security

Gregory C. Shaffer, University of Minnesota – Twin Cities – School of Law
Mark A. Pollack, Temple University – Department of Political Science

Can Targeted Killing Work as a Neutral Principle?

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

Do We Need 7(3)? History and Purpose of the Business Profits Deduction Rule in Tax Treaties

Richard J. Vann, Sydney Law School

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)

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 46: Mar 25, 2011

ALAN O’NEIL SYKES, EDITOR

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

Human Rights and Legal Pluralism: Introduction to the Special Issue

Yuksel Sezgin, Harvard Divinity School

International Law: Overview

Mukesh Kumar Mishra, affiliation not provided to SSRN

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

John Choon Yoo, University of California at Berkeley School of Law

Google Sets Sail: Ocean-Based Server Farms and International Law

Steven R. Swanson, Hamline University School of Law

Military-Political Strategy of NATO and Security Issues in the Middle East

Abdolvahed Shamalof, Academy of Science, Tajikistan
Nasser Eskandari, Academy of Science, Tajikistan

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 36: Mar 28, 2011

CHRISTIANA OCHOA, EDITOR

Hard Versus Soft Law in International Security

Gregory C. Shaffer, University of Minnesota – Twin Cities – School of Law
Mark A. Pollack, Temple University – Department of Political Science

Humanitarian Uses of Force

Christian J. Tams, University of Glasgow, School of Law

Kiyemba, Guantanamo, and Immigration Law: An Extraterritorial Constitution in a Plenary Power World

Ernesto Adolfo Hernandez Lopez, Chapman University School of Law

The Corporate Veil Doctrine Revisited: A Comparative Study of the English and the U.S. Corporate Veil Doctrines

Thomas K. Cheng, University of Hong Kong – Faculty of Law

Do We Need 7(3)? History and Purpose of the Business Profits Deduction Rule in Tax Treaties

Richard J. Vann, Sydney Law School

Aiding Children Accused of Witchcraft

Chi Mgbako, Fordham University – School of Law

Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles

S.I. Strong, University of Missouri School of Law

Is There a Chinese Common Law? An Empirical Study of the Bilingual Common-Law System of Hong Kong

Kwai Hang Ng, University of California, San Diego (UCSD)

The Citizenship Puzzle – Review of Christian Joppke, Citizenship and Immigration (Polity Press, 2010), and Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard University Press, 2009)

Liav Orgad, Interdisciplinary Center (IDC) Herzliyah – Radzyner School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 35: Mar 23, 2011

CHRISTIANA OCHOA, EDITOR

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

The Use of Foreign Law in Constitutional Interpretation: Lessons from South Africa

Jacob Foster, Kasowitz, Benson, Torres & Friedman LLP

Managing Global Migration: A Strategy for Immigration Policy in Israel

Shlomo Avineri, affiliation not provided to SSRN
Liav Orgad, Interdisciplinary Center (IDC) Herzliyah – Radzyner School of Law
Amnon Rubinstein, Interdisciplinary Center (IDC) Herzliyah – Radzyner School of Law

An Analysis of Condemnee Repurchase Rights Laws in the United States and the Republic of Korea

Troy Christian Fuhriman, Kyungpook National University Law School

Personal Religious Beliefs in the Workplace: How Not to Define Indirect Discrimination

Nicholas Hatzis, City Law School, City University London, Lady Margaret Hall, Oxford

Human Rights and Legal Pluralism: Introduction to the Special Issue

Yuksel Sezgin, Harvard Divinity School

Saving Civil Justice

Elizabeth G. Thornburg, Southern Methodist University (SMU) – Dedman School of Law

Rationalizing Costs in Investment Treaty Arbitration

Susan D. Franck, Washington and Lee University – School of Law

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 13: Mar. 30, 2011

DAVID D. CARON & TSEMING YANG, EDS.

A Tale of Two Countries: Emissions Scenarios for China and India

Emanuele Massetti, Fondazione Eni Enrico Mattei (FEEM) & Euro-Mediterranean Center for Climate Change

Labor Rights and Environmental Protection Under NAFTA and Other U.S. Free Trade Agreements

David A. Gantz, University of Arizona – James E. Rogers College of Law

Advisory Opinion on Responsibility and Liability for International Seabed Mining (ITLOS Case No. 17): International Environmental Law in the Seabed Disputes Chamber

Donald K. Anton, Australian National University (ANU) – College of Law
Robert A. Makgill, University of Ghent – Department of International Law
Cymie R. Payne, Lewis & Clark Law School

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 12: Mar. 28, 2011

DAVID D. CARON & TSEMING YANG, EDS.

Mapping Vulnerability to Climate Change

Rasmus Heltberg, World Bank
Misha Bonch-Osmolovskiy, affiliation not provided to SSRN

Bridging the Gaps in Global Energy Governance

Ann Florini, Lee Kuan Yew School of Public Policy
Benjamin K. Sovacool, Lee Kuan Yew School of Public Policy – Centre on Asia and Globalisation

The Curious Case of Greening in Carbon Markets

William Boyd, University of Colorado Law School
James E. Salzman, Duke University – School of Law

Diagonal Federalism and Climate Change: Implications for the Obama Administration

Hari M. Osofsky, University of Minnesota – Twin Cities – School of Law

……

Cardozo Journal of International & Comparative Law, Volume 19, Number 1, Winter 2011
ARTICLES

  • Child Soldiers and the Duty of Nations to Protect Children from Participation in Armed Conflict (Luz E. Nagle) p.1
  • Occupied or Not: The Question of Gaza’s Legal Status After the Israeli Disengagement (Solon Solomon) p.59
  • Can We Find and Stop the “Jihad Janes”? (Diane Webber) p.91

NOTES

  • Has Italy Discovered Virgil? Utilizing the British Archetype to Create End-of-Life Legislation in Italy (Nicholas A. Secara) p.127
  • A New Normative Approach for the Grant of Asylum in Cases of Non-State Actor Persecution (Mikhail Izrailev) p.171
  • U.S. Immigration Law: A Barrier to Effective Cultural Diplomacy (Alexa K. Fang) p.201

……

Connecticut Journal of International Law, Volume 26, Number 1, Fall 2010
25th ANNIVERSARY SYMPOSIUM – International Law in a Time of Scarcity

  • Symposium Article
  • The Truth about Haiti (Irwin P. Stotzky) p.1

ARTICLES

  • Mergers and Acquisitions in Resource Industry: Implications for Africa (Francis N. Botchway) p.51
  • Face Off: Is China a Preferred Regime for International Private Equity Investments? Decoding a “China Myth” from the Chinese Company Law Perspective (Wei Shen) p.89
  • What do Jim Morrison, Kurt Cobain, Elvis Presley, and Utagawa Toyoharu have in Common? Protecting Artistic Legacy in the United States and Japan: A Comparison of U.S. Legal Principles and Iemoto Seido of Japan (Geoffrey R. Scott) p.161

NOTES & COMMENTS

  • The Clean Development Mechanism: Renewable Energy Infrastructure for China and an Empty Promise for Africa (Nicholas J. Cicale) p.253

……

Santa Clara Journal of International Law, Volume 8, Number 1, 2010

  • Challenges Facing a Rule-of-Law-Oriented World Order (M. Cherif Bassiouni) p.1
  • Terrorism and International Criminal Justice: Dim Prospects for a Future Together (Naomi Norberg) p.11
  • Terrorism’s Proscription and Core Elements of an Objective Definition (Jordan J. Paust) p.51
  • Humanizing Terrorism Through International Criminal Law: Equal Justice for Victims, Fair Treatment of Suspects, and Fundamental Human Rights at the ICC (Kathleen Maloney-Dunn) p.69
  • Should Terrorism Be Subject to Universal Jurisdiction? (Luz E. Nagle) p.87
  • Terrorism and International Criminal Law After the Military Commissions Acts (Stephen I. Vladeck) p.101
  • The Complementarity Conundrum: Are We Watching Evolution or Evisceration? (Michael A. Newton) p.115
  • The Principle of Complementarity and the International Criminal Court: The Role of Ne Bis in Idem (Linda E. Carter) p.165
  • The Practice of the International Criminal Court: Comments on “The Complementarity Conundrum” (Linda M. Keller) p.199
  • Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice (Brad R. Roth) p.231
  • Ruthlessness, Impunity, and the Effacement of International Human Rights Law (Jamie Mayerfeld) p.289
  • Systematic Effects of International Responsibility for International Crimes (André Nollkaemper) p.313
  • Working the System: A Comment on André Nollkaemper’s System Criminality in International Law (Allen S. Weiner) p.353
  • How System Criminality Could Exacerbate the Weaknesses of International Criminal Law (Julian Ku) p.365
  • Accountability for System Criminality (Mark A. Drumbl) p.373

……

Berkeley Journal of International Law Publicist, Volume 7, Winter 2011

  • Siren Song: The Implications of the Goldstone Report on International Criminal Law (Chris Jenks & Geoffrey Corn)
  • U.S. Courts Order Discovery for Use Overseas in Chevron-Ecuador Disputes (Neil A.F. Popović and Rachel Tarko Hudson)
  • An Alien by Any Other Name: Debunking a New Attempt to Re-Write the Original Language of the Alien Tort Statute (Richard Herz & Lorraine Leete)

……

Oregon Review of International Law, Volume 12, Number 2, 2010
SYMPOSIUM: MAKING ROOM AT THE TABLE: NEW VOICES IN ECONOMIC REFORM

  • Symposium Introduction (Krista Schuchard) p.177
  • An Opening for Voice in the Global Economic Order: The Global Financial Crisis and Emerging Economies (Enrique R. Carrasco) p.179
  • Snaring Leopards: Tracking the Efficacy of Financial Regulatory Reform in the Aftermath of Crisis (Justin O’Brien) p.213

ARTICLES

  • The Under-Appreciated Jurisprudence of Africa’s Regional Trade Judiciaries (James Thuo Gathii) p.245
  • Prego Signor Postino: Using the Mail to Avoid the Hague Service Convention’s Central Authorities (Michael O. Eshleman with Judge Stephen A. Wolaver) p.283

NOTE

  • If Japan Signs the Hague Convention on the Civil Aspects of International Child Abduction: Real Change or Political Maneuvering? (Jennifer Costa) p.369

……

Harvard Law Review, Volume 124, Number 5, March 2011
DEVELOPMENTS IN THE LAW — EXTRATERRITORIALITY p.1227

  • I. Introduction p.1228
  • II. Implications of Extraterritoriality in the Alien Tort Statute p.1233
  • III. Responding to Extraterritorial Legislation: The European Union and Secondary Sanctions p.1246
  • IV. Extraterritoriality and the War on Terror p.1258
  • V. Comity and Extraterritoriality in Antitrust Enforcement p.1269
  • VI. Extraterritorial Law and International Norm Internalization p.1280
  • VII. Chapter 15 and Cross-Border Bankruptcy p.1292

……

Asia-Pacific Journal on Human Rights and the Law, Volume 11, Number 1, 2010
ARTICLES

  • The Abolition of the Death Penalty in Taiwan: Why a de facto Moratorium was Established and Lost (Fort Fu-Te Liao) p.1
  • Indian Anti-beggary laws and their constitutionality in India through the prism of fundamental rights, with special reference to Ram Lakhan v. State (Ashish Goel) p.23
  • Cultural Genocide in Tibet? A Look at China’s Linguistic Policies and Possible Breaches on International Law (Chatterley Chaim) p.39

SELECTED HUMAN RIGHTS DOCUMENTS

  • ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers p.56
  • Concluding Statement of the 6th Annual Meeting of ASEAN NHRI Forum p.60
  • 2010 South East Asia National Human Rights Institutions Forum (SEANF) Paper on Migrant Workers p.63
  • Universal Declaration of Human Rights in Panay p.99

……

Human Rights Quarterly, Volume 33, Number 1, February 2011
Articles

  • Developing the Right to Work: Intersecting and Dialoguing Human Rights and Economic Policy (Jeremy Sarkin, Mark Koenig) p.1
  • Advancing Transgender Family Rights through Science: A Proposal for an Alternative Framework (Maya Sabatello) p.43
  • The Right to Development: The Politics and Polemics of Power and Resistance (Bonny Ibhawoh) p.76
  • Human Rights and Network Power (Lena Khor) p.105
  • Rape as Weapon of War in the Eastern DRC? The Victims’ Perspective (Anna Maedl) p.128
  • “War” in the Jurisprudence of the Inter-American Court of Human Rights (Laurence Burgorgue-Larsen, Amaya Úbeda de Torres) p.148
  • Between Rights Talk and Bible Speak: The Implementation of Equal Treatment Legislation in Orthodox Reformed Communities in The Netherlands (Barbara Oomen) p.175
  • Protection of Human Rights through the Mechanism of UN Special Rapporteurs (Surya P. Subedi) p.201

Book Reviews

  • Human Rights and the Unborn Child, by Rita Joseph (Tania Penovic) p.229
  • Gender Stereotyping: Transnational Legal Perspectives, by Rebecca J. Cook & Simone Cusack (Zanita E. Fenton) p.243
  • The Law of Occupation: Continuity and Change of international Humanitarian Law, and its Interaction with International Human Rights Law, by Yutaka Arai-Takahashi (Noam Lubell) p.249
  • Reproductive Health and Human Rights: The Way Forward (Laura Reichenbach & Mindy Jane Roseman eds.) (Mary Pat Treuthart) p.253

……

European Human Rights Law Review, Issue 1, 2011
Articles

  • Taking the Next Step? Achieving another Bill of Rights (Colin Harvey) p.24
  • Citizen Children, “Impossible Subjects” and the Limits of Migrant Family Rights in Ireland (Siobhán Mullally) p.43
  • The Right to Personality in (Post-)Genomic Medicine: A New Way of Thinking for the New Frontier (Atina Krajewska) p.54
  • Much Ado about Nothing? The Pilot Judgment Procedure at the European Court of Human Rights (Stuart Wallace) p.71
  • Case Analysis
  • Protocol 12 and Sejdić and Finci v Bosnia and Herzegovina: A missed opportunity? (Lucy Claridge) p.82

Case and Comment

  • McFarlane v Ireland (Application No.31333/06) p.92
  • Sanoma Uitgevers B.V. v The Netherlands (Application No.38224/03) p.97
  • Dink v Turkey (Application Nos 2668/07, 6102/08, 30079/08, 7072/09 and 7124/09) p.101
  • Kay v The United Kingdom (Application No.37341/06) p.105
  • Kevin O’Dowd v The United Kingdom (Application No.7390/07) p.108
  • Schüth v Germany (Application No.1620/03) p.111
  • J.M. v The United Kingdom (Application No.37060/06) p.114
  • Alekseyev v Russia (Application Nos 4916/07, 25924/08 and 14599/09) p.116

……

Human Rights Brief, Volume 18, Issue 1, Fall 2010

  • Ten Years After the Palermo Protocol: Where are protections for Human Trafficking? (Kelly Hyland Heinrich) p.2
  • Seeking Justice in Lago Agrio and Beyond: An Argument for Joint Responsibility of Host States and Foreign Investors before the Regional Human Rights Systems (Megan S. Chapman) p.6
  • Thinking/Practicing Clinical Legal Education from within the Palestinian-Israeli Conflict: Lessons from the Al-Quds Human Rights Clinic (David F. Chavkin) p.14
  • The La Oroya Case: the Relationship Between Environmental Degradation and Human Rights Violations (Paula Spieler) p.19
  • An Interview with José de Jesús Orozco-Henríquez, Commissioner at the Inter-American Commission on Human Rights p.24
  • Special Coverage of the 140th Period of Sessions of the Inter-American Commission on Human Rights p.28
  • Columns
  • International Legal Update p.31
  • Updates from the International Criminal Tribunals p.42
  • Updates from the Regional Human Rights Systems p.51

……

European Food and Feed Law Review, 2010, Number 4
ARTICLES

  • The Regulation of Food Risk Communication in Spain and the EU (Vicente Rodríguez Fuentes) p.204
  • Monsanto Co. v. Geertson Seed Farms: US Supreme Court Decides GM Alfalfa Case (Margaret Rosso Grossman) p.216
  • Health Claims on Botanical Food Supplements: and if Italy had been showing “the Way to go” for the entire Community? (Jean Savigny) p.222
  • Food Law under the Rising Sun – The Japanese Perspective (Margherita Poto) p.227

JURISDICTION

European Court of Justice

  • Legal protection of biotechnological inventions – Judgment of the Court (Grand Chamber) of 6 July 2010 in Case C-428/08, Monsanto Technology LLC v Cefetra BV and others p.235

Court of First Instance

  • Action for damages and rapid alert system – Judgment of the Court of First Instance (Fifth Chamber) of 29 October 2009 in Case T-212/06, Bowland Dairy Products Ltd v. Commission of the European Communities p.235

LEGISLATION

  • Law in the EU p.237
  • EU Member States p.240

……

University of Toledo Law Review, Volume 41, Number 4, Summer 2010
THE MILITARY COMMISSIONS ACT OF 2009

  • Ex parte Quinn and Military Commissions under the Obama Administration (Glenn Sulmasy) p.767
  • Military Commission Mythology (Joshua L. Dratel) p.783
  • Pre-Empting Terror Bombings—A Comparative Approach to Anticipatory Self-Defense (Amos Guiora) p.801

CLIMATE CHANGE AND THE FUTURE OF ENERGY

  • Implications of a Federal Renewable Portfolio Standard: Will It Supplement or Supplant Existing State Initiatives? (James M. Van Nostrand and Anne Marie Hirschberger) p.853
  • Federal and State Renewable Portfolio Standards: Conflict or Harmony? (William T. Reisinger) p.877
  • Climate Change and Institutional Competence (Mark Squillace) p.889
  • Privacy and Smart Grid: When Progress and Privacy Collide (Kevin L. Doran) p.909
  • Regulatory Barriers to Clean Energy (Trevor D. Stiles) p.923
  • The Role of Feed-In Tariffs in Supporting the Expansion of Solar Energy Production (David Grinlinton and LeRoy Paddock) p.943

……

Akron Law Review, Volume 44, Number 2, 2011

  • IS INTERNATIONAL LAW REALLY LAW? THEORIZING THE MULTI-DIMENSTIONALITY OF LAW (Elizabeth M. Bruch) p.333

……

Georgia Law Review, Volume 45, Number 2, Winter 2011

  • Rethinking the Commercial Law Treaty (John F. Coyle) p.343

……

Connecticut Law Review, Volume 43, Number 3, February 2011

  • GOOGLE SETS SAIL: OCEAN-BASED SERVER FARMS AND INTERNATIONAL LAW (Steven R. Swanson) p.709
  • THE EXTRAORDINARY MRS. SHIPLEY: HOW THE UNITED STATES CONTROLLED INTERNATIONAL TRAVEL BEFORE THE AGE OF TERRORISM (Jeffrey Kahn) p.819

……
Buffalo Environmental Law Journal, Volume 17, Number 1/2, 2009-2010

  • RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE UNDER INTERNATIONAL LAW: CAN MNCS BEAR THE BURDEN? … AND HOW? (Miriam Mafessanti) p.87

……

Denver University Law Review, Volume 88, Issue 1, 2010

  • Reimagining Human Rights Law: Toward Global Regulation of Transnational Corporations (Rachel J. Anderson) p.183

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Masaryk University Journal of Law and Technology, Volume 3, Number 3, Fall 2009

  • Cyber-Terrorism and the Right to Privacy in the Third Pillar Perspective (Nadina Foggetti) p.365

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South Carolina Law Review, Volume 62, Number 2, Winter 2010

  • CLIMATE CHANGE AND THE PUBLIC LAW MODEL OF TORTS: REINVIGORATING JUDICIAL RESTRAINT DOCTRINES (Donald G. Gifford) p.201

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University of Dayton Law Review, Volume 36, Number 1, Fall 2010

  • THE GUIRR INTERNATIONAL RESEARCH COLLABORATIONS PROJECT: TOWARDS A GREATER UNDERSTANDING OF INTERNATIONAL COLLABORATION (JAMES J. CASEY, JR.) p.29

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Carbon & Climate Law Review, 2010, Number 2

  • Climate Legislation and Regulation in the United States
  • US Federal Energy and Climate Change Legislation: Some Lessons to be Learned from the Waxman-Markey Bill (David Robinson) p.127
  • Market-based Regulation under the Clean Air Act (Roger Martella) p.139
  • The SEC’s Interpretive Release on Climate Change Disclosure (Jeffrey A. Smith, Matthew Morreale, and Kimberley Drexler) p.147
  • California’s Climate Change Policies: Lessons for the Nation (Mary D. Nichols) p.154
  • Warming Up to Climate Action — A Survey of GHG Mitigation through Building Energy Efficiency in City Climate Action Plans (Dana Archer Dolan, Genevieve Borg Soule,….) p.161
  • The “Glorious Mess” Comes to Court (Raymond Ludwiszewski, Charles Haake, and Stacie Fletcher) p.173
  • Product Carbon Footprinting: Calculation and Communication Standards in the Making (Cheryl Micallef-Borg) p.178

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International Trade and Business Law Review, Volume 14, 2011
ARTICLES

  • The Albatross Around the Neck of the American Judicial System: Α Change in the Mindset is Required (Richard Calkins) p.1
  • The Border Tax Adjustment Provisions of the GATT/WTO and their Implications on the Design of Energy and Carbon Tax (Wen-Chen Shih) p.53
  • Patent Law, National Strategies and Policy Incentives: China’s Road to a Leading Innovator (Ken Shao) p.85
  • Tracing Noxious Funds (Gbenga Oduntan) p.104
  • Exploring the Rationale of Enlightened Shareholder Value in the Realm of UK Company Law — The Path Dependence Perspective (Shuangge Wen and Jingechen Zhao) p.153
  • Emerging Oil and Gas Economies: Mitigating Legal Political and Economic Risks of Foreign Investors in the Russian Federation (Part A) (Marina De Kwant) p.174
  • Tempering Services Liberalization with Regulation: The World Trade Organisation and the International Financial Architecture (Dan Juma) p.247
  • About-Face: The New Rules of Strict Compliance Under the Uniform Customs and Practice for Documentary Credits (UCP 600) (Nichols P Manganaro) p.273
  • A Bailout for the International Trade System: Rescuing the WTO from TARP (Fabio Leonardi) p.291
  • Does the Geneva Convention on Agency in the International Sale of Good Reflect Australian Agency Law? (Adam E. Levitan) p.314
  • The Limited Protection of Corporations and Shareholders at International Law (Rupert Coldwell) p.358

COMMENTS

  • The First Amendment to the UNCITRAL Arbitration Rules (Gabriĕl A Moens and John Trone) p.376
  • Uniform Law of Electronic Commerce in Private International Law: Where Have we been and Where are we Going? (Henry Gabriel) p.386
  • An Introduction to Conflict of Laws in International Commercial Arbitration (Sam Luttrell) p.404
  • ‘Fair and Equitable Treatment’ for Foreign Investment: What is the Current Standard at International Law? (Raphael de Vietri) p.414
  • The Changing Face of the Internet: A Comment on Roadshow Films Pty Lid v iiNet Ltd (No 3) (2010) 263 ALR 215 (Clive Hutcheon) p.422

MOOT

  • The Seventeenth Annual Willem C. Vis and Seventh Annual Willem C. Vis (East) International Commercial Arbitration Moot, 2009-2010 (Prabhjyot Kaur, Lau Ching Kar Karen, Dic….) p.433
  • Memorandum for the Respondent (City University of Hong Kong) p.487

BOOK REVIEWS

  • Dr Alan Davison, The Law of Electronic Commerce (Review by: Peter McDermott) p.544
  • Esther Lam, China and the WTO – A Long March Towards the Rule of Law (Review by: Joseph Eugene Lopez (Gino)) p.547
  • Rafael Leal-Arcas, International Trade and Investment Law: Multilateral, Regional and Bilateral Governance (Review by: Shu Ying Wee) p.555
  • Daniel Lovric, Deference to the Legislature in WTO Challenges to Legislation (Review by: Ryan van der Merwe) p.558
  • Bryan Mercurio, Leon Trakman, Meredith Kolsky Lewis and Bruno Zeller, International Business Law (Review by: Mitchell Earnshaw) p.560
  • A J Oakley, Parker and Mellows: The Modern Law of Trusts (Review by: Emma Forbes) p.566

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International Business Law Journal, Number 5, 2010
ARTICLES

  • The Recovery of Contractual Damage in International Commerce: the Arbitration Practice (Guy ROBIN) p.431
  • The Copenhagen Accord and the Clean Development Mechanism: An assessment of the legality of CDM projects and the likely demand for CERs after 2012 (Wouter GELDHOF and Thomas DERUYTTER) p.467

Comment Column

  • China’s New Approach to CSR in Congo: Is the Leverage Turning to China? (Qingxiu BU) p.485

ACTUALITES

  • DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
  • Politiques de concurrence / Competition Policies (Nathalie JALABERT-DOURY, Jean-Cyril BERM….) p.503
  • EMERGENCE D’UN DROIT INTERNATIONAL / REGIONAL DES AFFAIRES / EMERGENCE OF AN INTERNATIONAL/REGIONAL BUSINESS LAW
  • Le cadre normatif et institutionnel de lutte contre le blanchiment d’argent en Mauritanie (Cheik Abdellahi Ould Ahmed BABOU) p.519
  • SURETES, PAIEMENTS ET FINANCEMENTS INTERNATIONAUX / SECURITIES, INTERNATIONAL PAYMENTS AND FINANCING
  • Directive AIFM : Developpements recents / AIFM Directive: An Update on Current Developments (Jerome HERBET et Samuel BORDELEAU) p.528
  • ARBITRAGE INTERNATIONAL ET AUTRES MODES DE REGLEMENT DES CONFLITS / INTERNATIONAL ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
  • Les breves / Briefing (Christophe SERAGLINI, Delphine ROOZ et Antonio MUSELLA) p.534

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European Business Law Review, Volume 22, Issue 1, 2011

  • Moving Towards Stakeholderism? Constituency Statutes, Enlightened Shareholder Value, and More: Much Ado About Little? (Andrew Keay) p.1-49
  • Through the Legal Looking Glass: Exploring the Concept of Corporate Legal Strategy (Antoine Masson, Mary J. Shariff) p.51-77
  • Intellectual Property in the European Legal Context: Tools and Perspectives (Laura Moscati) p.79-92
  • Ownership Restrictions, Risk and Team Considerations in Family-owned Businesses (Per-Olof Bjuggren, Lars-Göran Sund) p.93-105
  • ECJ Settles Dispute over Italian Withholding Tax, Raising New Concerns about EEA Agreement (Frederik Zimmer) p.107-113
  • Book Review: Beate Sjåfjell, Towards a Sustainable European Company Law: A Normative Analysis of the Objectives of EU Law, with the Takeover Directive as a Test Case, Wolters Kluwer, The Netherlands, 2009 (Charlotte Villiers) p.115-117

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Journal of International Economic Law, Volume 14, Number 1, March 2011
The State of International Economic Law

  • What is International Economic Law? (Steve Charnovitz) p.3-22

General Articles

  • International Economic Law, ‘Public Reason’, and Multilevel Governance of Interdependent Public Goods (Ernst-Ulrich Petersmann) p.23-76
  • Two Single Undertakings—Can the WTO Implement the Results of a Round? (Matthew Kennedy) p.77-120
  • The China–Taiwan ECFA, Geopolitical Dimensions and WTO Law (Pasha L. Hsieh) p.121-156
  • MFN-based Jurisdiction in Investor–State Arbitration: Is There Any Hope for a Consistent Approach? (Julie A. Maupin) p.157-190

Annual Statistical Analysis, Surveys, and Indexes

  • WTO Dispute Settlement 1995–2010—A Statistical Analysis (Kara Leitner andSimon Lester) p.191-201
  • Book Survey 2010 p.203-212
  • Website Survey 2010 (Marylin Johnson Raisch) p.213-219
  • Subject Index to Volumes 1–13 (1998–2010) p.221-236
  • Author Index to Volumes 1–13 (1998–2010) p.237-240
  • Editorial Structure p.241-255

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European Energy and Environmental Law Review, Volume 20, Number 1, 2011

  • The EU ETS Rules on Carbon Leakage and Energy Intensive Industry in the Federal Republic of Germany (Rüdiger Tscherning) p.2-17
  • Corporate Environmental Disclosure Law, Fiduciary Duties and the Aarhus Convention (Zen Makuch, Nikzad Oraee-Mirzamani) p.18-29

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European Journal of Migration and Law, Volume 13, Number 1, 2011

  • Pre-departure Integration Strategies in the European Union: Integration or Immigration Policy? (Groenendijk, Kees) p.1-30
  • Staying the Return of Aliens from Europe through Interim Measures: The Case-law of the European Commission and the European Court of Human Rights (Herrera, Clara Burbano; Haeck, Yves) p.31-51
  • Legal Migration in the Relationship between the European Union and ACP Countries: The Absence of a True Global Approach Continues (Devisscher, Purdey) p.53-94
  • Playing Hard(er) to Get: The State, International Couples, and the Income Requirement (Leerkes, Arjen; Kulu-Glasgow, Isik) p.95-121
  • Free Movement of Students and the Protection of National Educational Interests: Reflections on Bressol and Chaverot (van der Mei, A.P.) p.123-134

……

Common Market Law Review, Volume 48, Number 1, 2011

  • Editorial comments: The Union, the Member States and international agreements p.1-7
  • Constitutional review of EU law after Honeywell: Contextualizing the relationship between the German Constitutional Court and the EU Court of Justice (Mehrdad Payandeh) p.9-38
  • Of ages in – and edges of – EU law (Elise Muir) p.39-62
  • The validity and applicability of international investment agreements between EU Member States under EU and international law (Angelos Dimopoulos) p.63-93
  • European consumer protection law: Curia semper dabit remedium? (Erwin Beysen, Verica Trstenjak) p.95-124
  • European company law 1999–2010: Renaissance and crisis (John Armour, Wolf-Georg Ringe) p.125-174
  • Joined Cases C-501, 513, 515 & 519/06 P, GlaxoSmithKline Services Unlimited v. Commission, Judgment of the Court of Justice (Third Chamber) of 6 October 2009, [ECR] I-9291. (Sven B. Völcker) p.175-188
  • Case C-45/08, Spector Photo Group NV, Chris Van Raemdonck v. Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA), Judgment of the European Court of Justice (Third Chamber) of 23 December 2009. (Martin Böse) p.189-201
  • Case C-310/08 London Borough of Harrow v. Nimco Hassan Ibrahim and Secretary of State for the Home Department, Judgment of the Court (Grand Chamber) of 23 February 2010; Case C-480/08 Maria Teixeira v. London Borough of Lambeth and Secretary of State for the Home Department, Judgment of the Court (Grand Chamber) of 23 February 2010. (Charlotte O’Brien) p.203-225
  • Case C-154/08, Commission v. Spain, Judgment of the Court (Third Chamber) of 12 November 2009, not yet reported. (Manuel López Escudero) p.227-242
  • Case C-117/06, Proceedings brought by Gerda Möllendorf and Christiane Möllendorf-Niehuus, Judgment of the European Court of Justice (Second Chamber) of 11 October 2007, [2007] ECR I-8361; Case C-340/08, M & Others v. Her Majesty’s Treasury, Judgment of the European Court of Justice (Fourth Chamber) of 29 April 2010, nyr; Case C-550/09, Criminal Proceedings Against E & F, Judgment of the European Court of Justice (Grand Chamber) of 29 June 2010. (Cian C. Murphy) p.243-264
  • Book reviews p.265-290

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ERA Forum, Volume 11, Number 4, February 2011

  • Judicial activism and judicial restraint at the Bundesverfassungsgericht: Was the Mangold judgement of the European Court of Justice an ultra vires act? (Malte Beyer-Katzenberger) p.517-523
  • Articles
  • When must national judges raise European law issues on their own motion? (Tadeusz Ereciński) p.525-529
  • Supremacy, direct effect and consistent interpretation—tools for an effective and uniform application of European Union law? (Tadeusz Ereciński) p.531-536
  • Quand le juge national doit-il soulever d’office des questions de droit européen? (Philippe Mollard) p.537-543
  • The EU Charter of rights and the right to equality (Steve Peers) p.571-584
  • Eurojust and the European Judicial Network on a new legal basis (Agnieszka Serzysko) p.585-600
  • The evolution of employee involvement in European labour law (Aristea Koukiadaki) p.601-619
  • Case Law of the European Union Courts, Leading Judgments 15 June–30 September 2010 (Johanna Engström, Laviero Buono, Kassian….) p.621-645

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NUJS Law Review, Volume 3, Number 4, October-December 2010

  • THE JUDICIAL RECOGNITION AND ENFORCEMENT OF THE RIGHT TO ENVIRONMENT: DIFFERING PERSPECTIVES FROM NIGERIA AND INDIA (Rhuks Temitope) p.423
  • LIABILITY AND COMPENSATION FOR OIL POLLUTION DAMAGE: AN EXAMINATION OF IMO CONVENTIONS (R.Bhanu Krishna Kiran) p.399
  • LEGAL INTERVENTION IN POVERTY ALLEVIATION: ENRICHING THE POOR THROUGH LAW (Vikrant Narayan Vasudeva) p.447
  • RENDERING INDIA INTO AN ARBITRATION FRIENDLY JURISDICTION- ANALYSIS OF THE PROPOSED AMENDMENTS TO ARBITRATION AND CONCILIATION ACT, 1996 (Vasudha Sharma & Pankhuri Agarwal) p.529

……

Special Issue “Environmental Laws and Sustainability”

A special issue of Sustainability (ISSN 2071-1050).

John C. Dernbach and Joel A. MintzEditorial: Environmental Laws and Sustainability: An IntroductionSustainability 20113(3), 531-540; doi:10.3390/su3030531Received: 15 March 2011 / Accepted: 23 March 2011 / Published: 23 March 2011Show/Hide AbstractDownload PDF Full-text (175 KB)

Nicholas A. Ashford and Ralph P. HallArticle: The Importance of Regulation-Induced Innovation for Sustainable DevelopmentSustainability 20113(1), 270-292; doi:10.3390/su3010270Received: 10 December 2010 / Accepted: 2 January 2011 / Published: 19 January 2011Show/Hide AbstractDownload PDF Full-text (398 KB)

Klaus BosselmannArticle: Losing the Forest for the Trees: Environmental Reductionism in the LawSustainability 20102(8), 2424-2448; doi:10.3390/su2082424Received: 29 June 2010; in revised form: 22 July 2010 / Accepted: 23 July 2010 / Published: 29 July 2010Show/Hide AbstractDownload PDF Full-text (265 KB)

Anthony B. SchutzArticle: Grassland Governance and Common-Interest CommunitiesSustainability 20102(7), 2320-2348; doi:10.3390/su2072320Received: 24 June 2010; in revised form: 13 July 2010 / Accepted: 13 July 2010 / Published: 21 July 2010Show/Hide AbstractDownload PDF Full-text (224 KB)

Robert W. AdlerReview: Drought, Sustainability, and the LawSustainability 20102(7), 2176-2196; doi:10.3390/su2072176Received: 28 May 2010; in revised form: 17 June 2010 / Accepted: 12 July 2010 / Published: 15 July 2010Show/Hide AbstractDownload PDF Full-text (209 KB)

Kenneth W. Abbott and Gary E. MarchantArticle: Institutionalizing Sustainability across the Federal GovernmentSustainability 20102(7), 1924-1942; doi:10.3390/su2071924Received: 16 April 2010; in revised form: 13 June 2010 / Accepted: 22 June 2010 / Published: 2 July 2010Show/Hide AbstractDownload PDF Full-text (194 KB)

Rachel Medina and A. Dan TarlockArticle: Addressing Climate Change at the State and Local Level: Using Land Use Controls to Reduce Automobile EmissionsSustainability 20102(6), 1742-1764; doi:10.3390/su2061742Received: 29 April 2010; in revised form: 13 May 2010 / Accepted: 17 May 2010 / Published: 18 June 2010Show/Hide AbstractDownload PDF Full-text (250 KB)

Maja GoepelArticle: Formulating Future Just Policies: Applying the Delhi Sustainable Development Law PrinciplesSustainability 20102(6), 1694-1718; doi:10.3390/su2061694Received: 26 April 2010; in revised form: 5 May 2010 / Accepted: 28 May 2010 / Published: 9 June 2010Show/Hide AbstractDownload PDF Full-text (233 KB)

Robin Kundis Craig and J.B. Ruhl Article: Governing for Sustainable Coasts: Complexity, Climate Change, and Coastal Ecosystem ProtectionSustainability 20102(5), 1361-1388; doi:10.3390/su2051361Received: 19 March 2010; in revised form: 23 April 2010 / Accepted: 14 May 2010 / Published: 17 May 2010Show/Hide AbstractDownload PDF Full-text (310 KB)

Amanda L. KennedyArticle: Using Community-Based Social Marketing Techniques to Enhance Environmental RegulationSustainability 20102(4), 1138-1160; doi:10.3390/su2041138Received: 2 April 2010 / Accepted: 21 April 2010 / Published: 26 April 2010Show/Hide AbstractDownload PDF Full-text (253 KB)

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Conflict Resolution Quarterly, Volume 28, Number 1, Fall 2010

  • The culture of China’s mediation in regional and international affairs (Cheng (Jason) Qian) p.53-65

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Law and History Review, Volume 29, Number 1, February 2011

  • The Alchemy of Occupation: Karl Loewenstein and the Legal Reconstruction of Nazi Germany, 1945–1946 (R. W. Kostal) p.1-52
  • Sovereignty and the Laws of War: International Consequences of Japan’s 1905 Victory over Russia (Douglas Howland) p.53-97

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Rutgers Law Record, Volume 38, 2010-2011

  • China’s Approach to Intellectual Property Infringement (Jesse London)

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Tsinghua China Law Review, Volume 2, Number 2, Spring 2010

  • China’s Marbury: Qi Yuling v. Chen Xiaogi — The Once and Future Trial of Both Education & Constitutionalization (Robert J. Morris) p.273
  • The Implementation of the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs) in China (Paolo Davide Farah and Elena Cima) p.317
  • Demystifying the Chinese Sovereign Wealth Fund Amidst U.S. Financial Regulation (GUO Li) p.353
  • Can A Government Compulsorily Make Her Citizens More Free? — Revisiting Non-Judicial Detentions Under the People’s Republic’s Administrative Regulations and Their Justifications (YI Yanyou) p.381

……

Australian Law Journal, Volume 85, Number 3, March 2011
INTERNATIONAL FOCUS – Ryszard Piotrowicz

  • I do declare! ICJ declares Kosovo’s declaration of independence not unlawful p.138

……

Global Jurist
Vol. 11, Issue 1 (2011)

Legal Aid, Accessible Courts or Legal Information? Three Access to Justice Strategies Compared
Maurits BarendrechtTilburg University

The Principle of Neutrality and “Islamic International Law” (Siyar)
Anke I. BouzenitaInternational Islamic University of Malaysia

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Policing & Society, Volume 21, Number 1, March 2011
First steps towards a police doctrine for UN peace operations (2001–2006)
Philipp Rotmann

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International Insolvency Review, Volume 20, Number 1, Spring 2011
When Hong Kong becomes SAR, is the mainland ready? Problems of judgments recognition in cross-border insolvency matters
Xinyi Gong

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Journal of Financial Regulation and Compliance, Volume 18, Issue 4, 2010

Risk management by the Basel Committee: Evaluating progress made from the 1988

Basel Accord to recent developments
Marianne Ojo

The “day after” Basel 2: do regulators comply with banking culture?
Alessandro Carretta, Vincenzo Farina, Paola Schwizer

Assessing effectiveness and compliance of banking boards
Alessandro Carretta, Vincenzo Farina, Paola Schwizer

Shari’a supervision of Islamic financial institutions
Samy Nathan Garas, Chris Pierce

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Public Contract Law Journal, Volume 40, Number 2, Winter 2011
Small Business Contracting in the United States and Europe: A Comparative Assessment
Max V. Kidalov
A Critical Examination of Offsets in International Defense Procurements: Policy Options for the United States
Mark J. Nackman
……

Seattle Journal for Social Justice, Volume 9, Issue 1, Fall/Winter 2010

In Re Marriage of King: Amicus Curiae Brief of International Law Scholars in Support of Appellant
Martha F. Davis & Raven Lidman

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Environmental Law Reporter, News & Analysis, Volume 41, Number 3, March 2011
Environmental Law Goes Global: Taking Back Eden: Eight Environmental Cases That Changed the World, by Oliver A. Houck
Robert V. Percival

How Do Clean Development Mechanism Projects Contribute to Sustainable Development in China: An Assessment of the Performance of the CDM in China
Xiaoyi Jiang

Place-Based National Forest Legislation and Agreements: Common Characteristics and Policy Recommendations
Martin Nie

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European Journal of Migration and Law, Volume 13, Number 1, 2011

Legal Migration in the Relationship between the European Union and ACP Countries: The Absence of a True Global Approach Continues
Devisscher, Purdey

Playing Hard(er) to Get: The State, International Couples, and the Income Requirement
Leerkes, Arjen; Kulu-Glasgow, Isik

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Federal Lawyer, Volume 57, Number 10, November/December 2010

The Hague Adoption Convention and Its Impact on All Adoptions
IRENE STEFFAS

The Affidavit of Support Creates a Legally Enforceable Contract by the Sponsored Foreign National: Efforts to Collect Damages as Support Obligations Against Divorced Spouses
JOHN PATRICK PRATT AND IRA J. KURZBAN

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Masaryk University Journal of Law and Technology, Volume 3, Number 3, Fall 2009

The Evolution and Status of Jurisdictional Measures Governing Foreign Parties and Internet Transactions in China
Muruga Perumal Ramaswamy

……

Australian Law Journal, Volume 85, Number 3, March 2011

HOME GROWN LAWS IN A GLOBAL NEIGHBOURHOOD: AUSTRALIA, THE UNITED STATES AND THE REST
Chief Justice Robert French

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Baltic Journal of Law & Politics, Volume 3, Number 2, 2010

  • Human Rights Guarantees during States of Emergency: The European Convention on Human Rights (Stefan Kirchner) p.1-25
  • State of Exception and Judicial Power (Vaidotas A. Vaičaitis) p.26-39
  • The Exceptional State of the Media: Some Experiences in Post-Soviet Lithuania (Gintaras Aleknonis) p.40-68
  • From Milligan to Boumediene: Three Models of Emergency Jurisprudence in the American Supreme Court 69-97 (Emily Hartz) p.69-97
  • Schmitt v. (?) Kelsen: The Total State of Exception Posited for the Total Regulation of Life (Tomas Berkmanas) p.98-118
  • The United Nations and States of Exception (Charles F. Szymanski) p.119-143
  • The Hermaphrodite Sovereign: Walter Benjamin, Carl Schmitt, and the Permanent State of Exception (J. D. Mininger) p.144-164
  • Containment and Engagement as Middle-Range Theories (Gerda Jakštaitė) p.165-196

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International Journal of Comparative Labour Law and Industrial Relations, Volume 27, Issue 1, March 2011

  • Autonomy in European Social Dialogue Marco Peruzzi 3 Deterrence and Enforcement of Occupational Health and Safety Law (Kevin Purse & Jillian Dorrian) p.23

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Health and Human Rights: An International Journal, Volume 12, Number 2, 2010

  • Realizing human rights-based approaches for action on the social determinants of health (Kumanan Rasanathan, Johanna Norenhag, and Nicole Valentine) p.49
  • Human rights assessment in Parc Jean Marie Vincent, Port-au-Prince, Haiti (Kimberly A. Cullen and Louise C. Ivers) p.61
  • Developing human rights-based strategies to improve health among female sex workers in Rwanda (Agnès Binagwaho, Mawuena Agbonyitor, Aim….) p.89
  • Human rights consequences of mandatory HIV screening policy of newcomers to Canada (Laura M. Bisaillon) p.119

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Journal of International Maritime Law, Volume 16, Number 5, September/October 2010
EDITORIAL

  • Incoterms 2010 and shipping law (CHARLES DEBATTISTA) p.339

DIGEST OF CONTEMPORARY DEVELOPMENTS p.341

ANALYSIS AND COMMENT

  • Emotional trauma at sea, California-style – The Eva Danielsen 2010 AMC 1782 (ANDREW TETTENBORN) p.347
  • Understanding the ‘without prejudice’ qualification in negotiations – Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] EWCA Civ 70; [2010] 2 Lloyd’s Rep 335 p.348

ARTICLES

  • The impact of the volume contract concept on the global community of shippers: the Rotterdam Rules in perspective (PROSHANTO K MUKHERJEE, ABHINAYAN BASU BAL) p.352
  • The Rotterdam Rules and their implications for environmental protection (FRANCESCO MUNARI, ANDREA LA MATTINA) p.370
  • Cash against mate’s receipt under the Rotterdam Rules (RICHARD ZWITSER) p.380

NATIONAL REPORT

  • Carriage of goods by sea under Argentinean law (MARIA BELÉN ESPIÑEIR?) p.397

INTERNATIONAL AND REGIONAL ORGANISATIONS

  • EU — The proposed changes to the Brussels jurisdiction and judgments regulation p.404
  • CMI — Meetings of ΙΜΟ Legal Committee 15-19 November 2010 p.407

BOOK REVIEWS

  • P&I Clubs Law and Practice 4th edn, Steven J Hazelwood, David Semark p.411
  • The Carriage of Goods by Sea under the Rotterdam Rules, D. Rhidian Thomas (ed) p.413
  • Marine Cargo Insurance, John Dunt p.414

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IGENTA Database Articles on International Law

(Mar. 29, 2011)

Record 1.

TI: International Child Sex Tourism: Enhancing the Legal Response in South East Asia

AU: Johnson, Afrooz Kaviani

JN: The International Journal of Children’s Rights

PD: March 2011

VO: 19

NO: 1

PG: 55-79(25)

PB: Martinus Nijhoff Publishers

Record 2.

TI: From Rapists to Superpredators: what the practice of capital punishment says about race, rights and the American child

AU: Linde, Robyn

JN: The International Journal of Children’s Rights

PD: March 2011

VO: 19

NO: 1

PG: 127-150(24)

PB: Martinus Nijhoff Publishers

IS: 0927-5568

Record 3.

TI: Do Victims of War Need International Law? Human Rights Education Programs in Authoritarian Sudan

AU: Massoud, Mark Fathi

JN: Law Society Review

PD: March 2011

VO: 45

NO: 1

PG: 1-32(32)

PB: Blackwell Publishing Inc

IS: 0023-9216

Record 4.

TI: Book reviews

AU:

JN: International Affairs

PD: March 2011

VO: 87

NO: 2

PG: 467-520(54)

PB: Blackwell Publishing Ltd

IS: 0020-5850

Record 5.

TI: Georg Jellineks Statuslehre: national und international Eine Wurdigung und Aktualisierung anlasslich seines 100. Todestages im Jahr 2011

AU: Brugger, Winfried

JN: Archiv des oeffentlichen Rechts

PD: January 2011

VO: 136

NO: 1

PG: 1-43(43)

PB: Mohr Siebeck

IS: 0003-8911

Record 6.

TI: Die Bekampfung der Seepiraterie im Spiegel des Volkerrechts, des Europarechts und der deutschen Rechtsordnung

AU: Schmahl, Stefanie

JN: Archiv des oeffentlichen Rechts

PD: January 2011

VO: 136

NO: 1

PG: 44-94(51)

PB: Mohr Siebeck

IS: 0003-8911

Record 7.

TI: Environment and sustainable development in Bangladesh: A legal study in the context of international trends

AU: Mohammad, Nour

JN: International Journal of Law and Management

PD: 22 March 2011

VO: 53

NO: 2

PG: 89-107(19)

PB: Emerald Group Publishing Limited

IS: 1754-243X

Record 8.

TI: The Power of International Positioning: The National Woman’s Party, International Law and Diplomacy, 1928-34

AU: McKenzie, Beatrice

JN: Gender History

PD: April 2011

VO: 23

NO: 1

PG: 130-146(17)

PB: Blackwell Publishing Ltd

IS: 0953-5233

Record 9.

TI: Conceptual misfits in e-mail-based current-awareness interaction

AU: Attfield, Simon; Blandford, Ann

JN: Journal of Documentation

PD: 18 January 2011

VO: 67

NO: 1

PG: 33-55(23)

PB: Emerald Group Publishing Limited

IS: 0022-0418

Record 10.

TI: Reception of the Classical Tradition in International Law: Grotius’ De Jure Belli ac Pacis

AU: Bederman, David J.

JN: Grotiana

PD: 1 June 1995

VO: 16

NO: 1

PG: 3-34(32)

PB: BRILL

IS: 0167-3831

Record 11.

TI: Early-Modern Literature on International Law and the Usus Modernus

AU: Wijffels, Alain

JN: Grotiana

PD: 1 June 1995

VO: 16

NO: 1

PG: 35-54(20)

PB: BRILL

IS: 0167-3831

IV. Blogs (select items)

Simon Lester, The Scope of the Trade Regime: Protectionsim v. Trade Barriers, International Economic Law and Policy Blog (Mar. 30, 2011)

Christopher Gevers, Collateral Damage: Libya, the AU and the ICC, War and Law (30 Mar 2011)

Mark Leon Goldberg, USA To Seek Second Term on Human Rights Council, UN Dispatch (Mar. 30, 2011)

Anne Orford, What Kind of Law is This?, LRB blog (29 Mar 2011)(also Kevin Heller Opinio Juris)

Kirsty Wilson, Is this a Climate Change Issue or a Human Rights Issue?, AlertNet Blogs (30 Mar 2011)

Leila Monroe, International Conference Builds Momentum for Real Solutions to Plastic Trash in the Sea, NRDC Switchboard (Mar. 29, 2011)

New York Times, Is There an Obama Doctrine?, Room For Debate (Mar. 29, 2011)

Dafna Linzer, Appeals Court Makes it Easier for Gov’t to Hold Gitmo Detainees, ProPublica (Mar. 29, 2011)

Jayati Ghosh, Development Banks Still Have a Role, Poverty Matters Blog (Mar. 29, 2011)

John Yoo & Robert Delahunty, Mission Not Accomplished, Foreign Policy Argument (Mar. 29, 2011)

Robert Chesney, Tushnet on the Domestic Legality of Intervention in the Libyan Civil War: Does Security Council Authorization Make This Something Other Than “War”?, Lawfare (Mar. 29, 2011)

Mark Tushnet, What’s A War?, Balkinization (Mar. 29, 2011)

Jack Goldsmith, The Libyan Intervention as Precedent, Lawfare (Mar. 29, 2011)

Tobias Thienel, The King’s Speech Is A Public Function, Invisible College Blog (Mar. 29, 2011)

Greg Wannier, Tracking Congressional Climate Legislation, Climate Law Blog (Mar. 29, 2011)

Malaysian Forestry Claims Refuted by Google Earth Satellite Images, Yale environment360 (Mar. 29, 2011)

Graeme Hall, Open Justice and Crosses to Bear – The Human Rights Roundup, UK Human Rights Blog (Mar. 29, 2011)

Rachel Davis, United Nations Releases Guiding Principles for Business and Human Rights, Opinio Juris (Mar. 28, 2011)

Jim Arkedis, Not All Interventions Are The Same, Foreign Policy Argument (Mar. 28, 2011)

Brian Smith, Climate Impacts on Freshwater in the Americas, EarthJustice (Mar. 28, 2011)

Katherine Lampron, Limits to Defence’s Right to Make Preliminary Objections and the Issuance of Unreasoned Decisions at the ECCC, International Criminal Law Bureau (Mar. 28, 2011)

Chimène Keitner, More Thoughts on the Scope of UNSCR 1973, EJIL: Talk! (Mar. 28, 2011)

Matthew C. Waxman, The Debate Over U.S. Libya Intervention, Council on Foreign Relations Experts Brief (Mar. 28, 2011)

Michael Ramsey, Declaring War and the Security Council, Opinio Juris (Mar. 28, 2011)

Aiden O’Neill, Reform of Strasbourg Court – A Modest Proposal, UK Human Rights Blog (Mar. 28, 2011)

Gentian Zyberi, What Law is Applicable to the Situation in Libya?, International Law Observer (Mar. 28, 2011)

Shawn Regan, Debunking Myths About Free-Market Environmentalism, Grist (Mar. 27, 2011)

Paul Horwitz, Alabama Voices: Bogus Message, Montgomery Advertiser (Mar. 27, 2011)

Dov Jacobs, Judge Garzon Goes To the ECHR…, Spreading the Jam (Mar. 26, 2011)

Fionnuala Ní Aoláin, Gender and Disaster, IntLawGrrls (Mar. 26, 2011)

Jeremy Bernstein, Japan’s Radiation Scare: The Good News and The Bad, NYRBlog (Mar. 25, 2011)

Thomas Darnstädt, The UN Shifts Priority from Peace to People, Spiegel Online Opinion (Mar. 25, 2011)

Jonathan Glennie, Want Less, Use Less, Share More – a Roadmap to 21st Century Global Equality, Poverty Matters Blog (25 Mar 2011)

Max du Plessis and Christopher Gevers, The African Union, Libya and the true costs of non-intervention, War and Law (25 Mar 2011)

Don Anton, Arbitral Tribunal Constituted in Constituted in Chagos Archipelago Dispute Between Mauritius and UK, International Law Roundtable (Mar. 25, 2011)

Cornine Dufka, The Case for Intervention in Ivory Coast, Foreign Policy: Argument (Mar. 24, 2011)

Bruce Ackerman, Obama’s Unconstitutional War, Foreign Policy: Argument (Mar. 24, 2011)

Karima Bennoune, The Road from Sidi Bouzid to Algiers, IntLawGrrls (Mar. 24, 2011)

Michael Posner, The Four Freedoms Turn 70, Address to the American Society of International Law (Mar. 24, 2011)

Jack Goldsmith, The Legal Reason the Obama Administration Won’t Call the Libya Action “War”, Lawfare (Mar. 24, 2011)

Jayshree Bajoria, The Dilemma of Humanitarian Intervention, Council on Foreign Relations Backgrounder (Mar. 24, 2011)

Marjorie Cohen, Bradley Manning Treatment Reveals Continued Government Complicity in Torture, ACS Blog (Mar. 24, 2011)

Colin Bradford, Seven New Laws of the G-20 Era, Foreign Policy Deep Dive (Mar. 24, 2011)

Jaya Ramji-Nogales, Beyond ECCC, IntLawGrrls (Mar. 24, 2011)

Don Anton, Toward Rio+ 20: Fighting For International Environmental Law, International Law Roundtable (Mar. 24, 2011)

Kenneth Anderson, Can the Coalition Lawfully Target Gaddafi?, Opinio Juris (Mar. 23, 2011)

Dapa Akande, What Does UN Security Council Resolution 1973 Permit?, EJIL: Talk! (Mar. 23, 2011)

Adam Wagner, Secret Foreign Nationals Detention Policy was “Serious Abuse of Power”, UK Human Rights Blog (Mar. 23, 2011)

Lester Brown, Can the United States Feed China, Grist (Mar. 23, 2011)

Joshua E. Keating, Can Any Old Country Now Bomb Libya?, FP Explainer (Mar. 23, 2011)

Antonin I. Pribetic, A Canadian Perspective on Libel Tourism, Inforrm’s Blog (23 Mar 2011)

Neinke Grossman, Do Women Judges Matter?, IntLawGrrls (Mar. 23, 2011)

Deirdre Montgomery, Libya: Arab League Support, and the Targeting of Gaddafi, International Criminal Law Bureau (Mar. 23, 2011)

UN Insider, SG condemns violence in West Jerusalem, Syria, and Libya, set to brief Council on Libya tomorrow, HRC issues statement on LGBT rights and more from UN Direct, UN Dispatch (Mar. 23, 2011)

Lauren Ice, World Water Day – The Right to Clean Water, ELAW Spotlight (Mar. 23, 2011)

Ben Saul, Bombing for Humanity is Not a Paradox, ABC Drum Unleashed (22 Mar 2011)

IWLP, 1997 Watercourse Convention – 23 Ratification, and Counting . . ., International Water Law Project Blog (Mar. 22, 2011)

Michael Walzer, The Case Against Our Attack on Libya, The New Republic (Mar. 20, 2011)

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

International Committee of the Red Cross, Customary IHL Database (webtool)(see PhD Studies in Human Rights)

Foundation for International Environmental Law, REDD-plus Briefing Paper, The fourteenth session of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA14) (first part) and the sixteenth session of the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP16) (first part) (5-8 April 2011)

Refugee Studies Centre , Forced Migration Review No. 37 (March 2011)[accessed 30 March 2011]

UNEP, Towards a Green Economy: Pathways to Sustainable Development and Poverty Eradication (advance copy, 28 Mar 2011)

Public International Law and Policy Group, War Crimes Prosecution Watch, Vol. 5, No. 26 (Mar. 28, 2011)

INFORRM, Freedom of Information Blogs and Websites, Inforrm’s Blog (27 Mar 2011)

IISD Reporting Services, MEA Bulletin, Issue No. 112 (25 Mar 2011)

Public International Law Policy Group, Peace Negotiations Watch, Vol. IX, No. 16 (Apr. 16, 2011)[released Mar. 25, 2011)]

U.N. Economic Commission for Europe, UNECE Weekly, Issue No 417 (21-25 Mar 2011)

Lawrence J. Korb and Alexander H. Rothman, Fukushima: Another Reason to Ratify the Comprehensive Test Ban Treaty, Bulletin of the Atomic Scientists (23 Mar 2011)

International Centre on Trade and Sustainable Development, Bridges Weekly Digest, Vol. 15, No. 10 (23 Mar 2011)

Maria Otero, Under Secretary for Democracy and Global Affairs, Interview: Global Water Issues, U.S. Dept. of State (Mar. 21, 2011)

Jeremiah Gertler, Christopher M. Blanchard, Stephen Daggett, Catherine Dale, Jennifer K. Elsea, Richard F. Grimmett, No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress, Congressional Research Service (Mar. 18, 2011)

Jennifer K. Elsea and Richard F. Grimmett, Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, Congressional Research Service (Mar. 18, 2011)

National Review Symposium, We Do Declare: Libya and the United States Constitution, National Review Online (Mar. 14, 2011)

Food and Agricultural Organization, The business case for closing the gender gap in agriculture (Mar. 8, 2011)

U.N. High Commissioner for Refugees, Refugee e-News (March 2011)

Jessica Boyle, Florence Bernard, Deborah Murphy, REDD Development Dividend Task Force Meeting Report, IISD (25-26 Jan 2011)

Bronwyn Manby, International Law and the Right to a Nationality in Sudan, Open Society Foundations (2011)

IRGC, Emergence of Risks: Contributing Factors, International Risks Governance Council (2010)

Amnesty International, Dangerous Deals: Europe’s Reliance on Diplomatic Assurances Against Torture (April, 2010)

Washington Post with Foreign Policy, Tracking Middle East and North African Turmoil (Mar. 2010)(webtool)

K. Sherman and S. Adams, eds., Sustainable Development of the World’s Large Marine Ecosystems during Climate Change: A commemorative volume to advance sustainable development on the occasion of the presentation of the 2010 Göteborg Award, IUCN, Gland, Switzerland (2010)

VI. Podcasts/Videos

Democrary Now, A Debate on U.S. Military Intervention in Libya: Juan Cole v. Vijay Prashad, (Mar. 29, 2011)

PBS, Coalition Leaders Meet in London as Libyan Opposition Forces Retreat from Sirte, PBS Newshour (Mar. 29, 2011)

C-SPAN, London Conference on Libya, C-SPAN.org (Mar. 29, 2011)

Abderrahim Foukara, Aljazeera Discusses Obama’s Speech, All Things Considered (NPR)(Mar. 28, 2011)

Mara Liasson and Tom Gjelten, NPR Reporters Analyze Obama’s Speech, All Things Considered (NPR)(Mar. 28, 2011)

EJ Dionne and Matthew Continetti, Political Commentators Analyze Obama’s Speech, All Things Considered (NPR)(Mar. 28, 2011)

President Barack Obama, Full Speech on the U.S. Mission in Libya, PBS Newshour (Mar. 28, 2011)

C-SPAN, AEI Discussion on Libyan Conflict, C-SPAN.org (Mar. 28, 2011)

Robert McFarlane, Weighing Factors Ahead of Libya Strikes, NPR All Things Considered (Mar. 27, 2011)

AP, Japanese Government Criticizes Nuke Plant Operator, WORLD (Mar. 26, 2011)

Mark Ellis, Richard Goldstone, Julia A. Hall, Juan E. Mendez, Javaid Rehman, Amrit Singh, Terrorism and International Law: Accountability, Reform & Remedies, Open Society (Mar. 23, 2011)

C-SPAN, Carnegie Endowment Discussion on Political Unrest in the Arab World, C-SPAN.org (Mar. 23, 2011)

Ved Nanda, International Perspective on Libya, 850 KOA Radio (Mar. 23, 2011)

VII. Documents/Negotiations

Security Council Counter-Terrorism Committee, Special Meeting on Prevention of Terrorism (19-21 April 2011)

Commission on Population and Development, Forty-Fourth Session (11-15 April 2011)

Intergovernmental Preparatory Committee for the Fourth United Nations Conference on the Least Developed Countries, Second Session (4-8 April 2011)

Commission for Environmental Cooperation, Joint Public Advisory Committee, Regular Session 11-01 (Apr. 4-5, 2011)

IISD Reporting Services, Fifth Session of the Preparatory Commission for the International Renewable Energy Agency (IRENA) and First Session of the Assembly of IRENA (3-5 April 2011)

Inter-American Development Bank, Sustainability Report 2010 (2010)[released Apr. 29, 2011]

Fifth International Conference on Community-Based Adaptation (CBA) to Climate Change, IISD Reporting Services (28-31 Mar 2011)

U.N. Security Council, 6507th Meeting, Monday, 28 March 2011, U.N. Doc. S/PV.6507 (The Situation in Libya)

Security Council, Permanent Mission of Spain to the United Nations, Letter of Notification re Security Council Resolution 1973 (the Situation in Libya), U.N. Doc. S/2011/197 (28 Mar 2011)

President Barak Obama, Text of Remarks on American Involvement in the War on Libya, New York Times (Mar. 28, 2011)

Harold Hongju Koh, Legal Advisor U.S. Department of State, Statement Regarding Use of Force in Libya (Mar. 26, 2011)(also ASIL)

Security Council, Permanent Representative of the United Arab Emirates to the United Nations, Letter of Notification re Security Council Resolution 1973 (the Situation in Libya), U.N. Doc. S/2011/192 (25 Mar 2011)

Security Council, Permanent Representative of Norway to the United Nations, Letter of Notification re Security Council Resolution 1973 (the Situation in Libya), U.N. Doc. S/2011/193 (25 Mar 2011)

Security Council, Permanent Representative of Canada to the United Nations, Letter of Notification re Security Council Resolution 1973 (the Situation in Libya), U.N. Doc. S/2011/191 (25 Mar 2011)

Security Council, Permanent Representative of the Syrian Arab Republic to the United Nations, Letter of Notification re Security Council Resolution 1973 (the Situation in Libya), U.N. Doc. S/2011/186 (25 Mar 2011)

Security Council, Permanent Representative of Italy to the United Nations, Letter of Notification re Security Council Resolution 1973 (the Situation in Libya), U.N. Doc. S/2011/185 (25 Mar 2011)

Security Council, Permanent Representative of Kuwait to the United Nations, Letter of Notification re Security Council Resolution 1973 (the Situation in Libya), U.N. Doc. S/2011/184 (25 Mar 2011)

UNFCCC, Joint Implementation Supervisory Committee, Report of the Twenty-Fourth Meeting (25 Mar 2011)

UNCTAD, Multi-Year Expert Meeting on Commodities and Development (third session)(23-25 Mar 2011)

UNFCCC, 24th Meeting of the Joint Implementation Supervisory Committee (23-25 Mar 2011)

U.N. Security Council, 6505th Meeting, Thursday, 24 March 2011, U.N. Doc. S/PV.6505 (The Situation in Libya)

Resolution A/RES.1/03/11 of the Authority of Heads of State and Government of the Economic Community of West African States on the situation in Côte d’Ivoire, Annex to the letter dated 24 March 2011 from the Permanent Representative of Nigeria to the United Nations addressed to the President of the Security Council, U.N. Doc. S/2011/182 (24 Mar 2011)

Letter dated 24 March 2011 from the Secretary of the General People’s Committee for Foreign Liaison and International Cooperation of the Libyan Arab Jamahiriya addressed to the President of the Security Council, U.N. Doc. S/2011/178 and U.N. Doc. S/2011/179 (24 Mar 2011)

U.N. Security Council, 6504th Meeting, Thursday, 24 March 2011, U.N. Doc. S/PV.6504 (The Situation in Sierra Leone)

Important UNCHR 16th Session Resolutions, UN Dispatch (Mar. 24, 2011)

WMO, Statement on the Status of the Global Climate 2010 (24 Mar 2011)

FAO and UNECE, Working Party on Forest Economics and Statistics (23-24 Mar 2011)

Security Council, 6502nd Meeting, Non-Proliferation, U.N. Doc. S/PV.6502 (22 Mar 2011)

IISD Reporting Services, World Water Day 2011 (22 Mar 2011)

U.S. Department of State, U.S. Government and World Bank Memorandum of Understanding on Water Cooperation (Mar. 22, 2011)

Group of Governmental Experts of the High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, Second Session, Geneva, 28 March – 1 April 2011, Draft Protocol on Cluster Munitions, U.N. Doc. CCW/GGE/2011-II/2 (21 Mar 2011)

Human Rights Council, Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, U.N. Doc. A/HRC/17/31 (21 Mar 2011)

UNFCCC, Ad Hoc Working Group on Long-term Cooperative Action under the Convention,

Market-based and non-market-based mechanisms, Views on the elaboration of market-based mechanisms, Submissions from Parties, Fourteenth session, Bangkok, 5–8 April 2011, and Bonn, 6–17 June 2011, Item 10 of the provisional agenda (21 Mar 2011)

NOAA and UNEP, The Fifth International Marine Debris Conference (Mar. 20-25, 2011)(The Honolulu Commitment, as adopted by the Conference)

Security Council, Resolution 1973 (2011), U.N. Doc. S/RES/1973 (2011)(17 Mar 2011)

UNFCCC, Report of the Conference of the Parties on its sixteenth session, held in Cancun from 29 November to 10 December 2010, Addendum, Part Two: Action taken by the Conference of the Parties

at its sixteenth session, Decisions adopted by the Conference of the Parties, U.N. Doc. FCCC/CP/2010/7/Add.2 (15 March 2011)

UNFCCC, Report of the 31st meeting of the Clean Development Mechanism (CDM) Afforestation and Reforestation (A/R) Working Group (14-16 March 2011)

Council of the European Union, Council Conclusions, Follow-up to the Cancún Conference,

3075th Environment Council meeting (14 Mar 2011)

General Assembly, Strengthening emergency relief, rehabilitation, reconstruction and prevention in the wake of devastating floods in Pakistan, Report of the Secretary-General, U.N. Doc. A/65/773 (15 Mar 2011)

HOPEFOR initiative: a global cooperative framework to improve the effectiveness of military and civil defence assets in relief operations, Annex to the letter dated 28 February 2011 from the Permanent

Representative of Qatar to the United Nations addressed to the President of the General Assembly, U.N. Doc. A/65/772 (7 Mar 2011)[issued on 28 Mar 2011]

United Nations Commission on International Trade Law, Case Law on UNCITRAL Texts (CLOUT), U.N. Doc. A/CN.9/SER.C/ABSTRACTS/105 and U.N. Doc. A/CN.9/SER.C/ABSTRACTS/106 (16 Feb 2011)[issued on 28 Mar 2011]

International Law Commission, Reservations to treaties, Comments and observations received from Governments, U.N. Doc. A/CN.4/639 (15 Feb 2011)[issued on 21 Mar 2011]

Economic Commission for Europe, Meeting of the Parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Report of the Compliance Committee on its thirtieth meeting 14–17 December 2010, U.N. Doc. ECE/MP.PP/C.1/2010/8 (14 Feb 2011)[issued 28 Mar 2011]

Simons Foundation and the International Association of Lawyers Against Nuclear Arms, Vancouver Declaration on Law’s Imperative for the Urgent Achievement of a Nuclear-Weapon-Free World (Feb. 11, 2011)

Trade and Development Board, Trade and Development Commission, Report of the Multi-year Expert Meeting on Transport and Trade Facilitation on its third session 8 to 10 December 2010, U.N. Doc. TD/B/C.I/MEM.1/9 (3 Feb 2011)[issued 28 Mar 2011]

Economic and Social Council, Commission on Crime Prevention and Criminal Justice, Report of the open-ended intergovernmental expert group on the comprehensive study of the problem of cybercrime and responses to it by Member States, the international community and the private sector, U.N. Docs. A/65/701-S/2011/41 (28 January 2011)[issued on 24 Mar 2011]

General Assembly, Towards a New International Economic Order, G.A. Res. A/RES/65/167 (20 Dec 2010)[issued on 28 Mar 2011]

General Assembly, Report of the Governing Council of the United Nations Environment Programme on its eleventh special session, G.A. Res. A/RES/65/162 (20 Dec 2010)[issued on 28 Mar 2011]

General Assembly, Convention on Biological Diversity, G.A. Res. A/RES/65/161 (20 Dec 2010)[issued on 22 Mar 2011]

UN Economic and Social Council (ECOSOC), Report of the United Nations High Commissioner for Human Rights, 1 June 2010, E/2010/89 [accessed 30 March 2011]

UN Economic and Social Council (ECOSOC), UN Economic and Social Council Resolution 2008/34: Mainstreaming a gender perspective into all policies and programmes in the United Nations system, 28 July 2008, E/RES/2008/34 [accessed 30 March 2011]

III. Media/Press Releases (select items)

Associated Press, Lawyer for Rwandan Rebel Detained by International Court Seeks Release, WORLD (Mar. 30, 2011)

Robert Booth, Arming Libya rebels not allowed by UN resolutions, legal experts warn US, guardian.co.uk (30 Mar 2011)

Julia Zebley, Somaliland Opens a Maximum Security Prison for Pirates, Jurist Paper Chase Newsburst (Mar. 30, 2011)

Reuters, China Economist Blasts Dollar Dominance on Eve of G20, Reuters U.S. Edition (Mar. 30, 2011)

UPI, Report Done on Airstrike Civilian Deaths, UPI.com (Mar. 20, 2011)

Reuters, Uganda Would Consider Gaddafi Asylum – Official, AlertNet (30 Mar 2011)

Reuters, Libya Threatens to Sue Firms Over Rebel Oil Deals, AlertNet (30 Mar 2011)

Reuters, Britain Expels Five Libyan Diplomats, AlertNet (30 Mar 2011)

UN News Service, Cypriot leaders discuss security issues in UN-sponsored reunification talks, UN News Centre (30 Mar 2011)

Human Rights Watch, Libya: Government Use of Landmines Confirmed, HRW (Mar. 30, 2011)

OHCHR, Vietnam: A a rights-based approach key in addressing new development challenges, says UN expert on debt (30 Mar 2011)

IRIN, Global: The Road Ahead for Information Sharing in Emergency Response, AlertNet (30 Mar 2011)

Henry Chu, International Conference in London Plots Libya Future, Los Angeles Times (Mar. 30, 2011)

Associated Press, Israel considering annexing West Bank settlements if Palestinians seek unilateral recognition, WORLD (Mar. 29, 2011)

UPI, Gadaffi: End Barbaric Airstrikes, UPI.com (Mar. 29, 2011)

Reuters, Chinese Pipelines in Myanmar Cause Rights Abuses, Graft – Report, AlertNet (29 Mar 2011)

Jo-Mare Duddy, Namibia: Libyan Stake in Country’s Oil Licence is Frozen, allAfrica.com (29 Mar 2011)

World Powers Discuss Libya’s Future, Aljazeera (29 Mar 2011)

Nicholas Watt, Libya Military Action Will Continue Until Gaddafi Bows to UN Demand – Clinton, guardian.co.uk (29 Mar 2011)

ST, African Union Absent from 2nd Meeting on Libya as its Chief Pleads for Funds, Sudan Tribune (Mar. 29, 2011)

UN News Service, UN envoy hails Congolese move to pursue rape cases against top military officers, UN News Centre (29 Mar 2011)

New Libya Contact Group to Meet in Qata, Aljazeera (29 Mar 2011)(also WORLD)

Thom Shanker and Helene Cooper, Doctrine for Libya: Not Carved in Stone, New York Times (Mar. 29, 2011)

NPR, Libya: Coalition Is Overstepping Its U.N. Mandate, Morning Edition (NPR)(Mar. 29, 2011)

Mark Landler, Elisabeth Bumiller and Steven Lee Myers, Washington in Fierce Debate on Arming Libyan Rebels, New York Times (Mar. 29, 2011)(also NBC First Read, guardian.co.uk, NPR)

Reuters, France Ready to Talk About Arming Libyan Rebels, AlertNet (29 Mar 2011)

Margaret Warner, Message Received? Obama Weaves Warning for Syria, Yeman, Bahrain, Into Libya Speech, PBS Newshour (Mar. 29, 2011)

David Chalian and Terrance Burlij, President Obama Lays Out Strong Defense for Military Action in Libya, The Rundown (PBS Newshour)(Mar. 29, 2011)(also guardian.co.uk, L.A. Times, Aljazeera)

Ralph Neukirch, Germany’s Dangerous New Foreign Policy Doctrine, Spiegel Online (29 Mar 2011)

CNN Wire Staff, Unrest: Middle East and North Africa, Country by Country, CNN (Mar. 29, 2011)

UN: Gbagbo Forces Behind Abidjan Atrocity, Aljazeera (29 Mar 2011)

Michael D. Shear, Echoes of Bush in Obama’s Libya Speech, NY Times The Caucus (Mar. 29, 2011)

Reuters, Clinton Condemns Syrian Government Repression, Reuters U.S. Edition (Mar. 29, 2011)

Edward Wong, China: Government Tells U.N. Agency Not To Interfere, New York Times (Mar. 29, 2011)

UPI, Israel to Strip Citizenship for Treason, UPI.com (Mar. 29, 2011)

Matt Glenn, Israel Parliament Gives Courts Power to Revoke Citizenship, Jurist Paper Chase Newsburst (Mar. 29, 2011)(also AlertNet, Reuters)

RFI, No End To Military Action Against Libyan Leader Gaddafi, rfi english (29 Mar 2011)

AP, Former Rwandan Mayor Gets Life Sentence for Killing “Hundreds if not Thousands” of Tutsis, WORLD (Mar. 29, 2011)(also AlertNet, Reuters, Jurist Paper Chase Newsburst)

UN News Service, Ban outlines need for long-term transitional arrangements in Libya, UN News Centre (29 Mar 2011)

Brian Palmer, Does It Matter That Belgium Has No Government, Slate (Mar. 29, 2011)

Reuters, Gap Widening Between Poorest Countries and Others, AlertNet (29 Mar 2011)

Jim Lobe, Libya-US: Obama Speech Leaves Many Questions Unanswered, IPS Africa (29 Mar 2011)

Reuters, Qatari PM Urges Gaddafi To Go Within Days, AlertNet (29 Mar 2011)

Hannah Reid, Climate Conversations – Climate Change and the Poor, AlertNet (Mar. 28, 2011)

Erin Bock, UN Panel Urges China to Release Detained Human Rights Lawyer, Jurist Paper Chase Newsburst (Mar. 28, 2011)(also OHCHR)

PBS, Obama’s Libya Address: Confronting a “Known Messy Situation”, PBS Newshour (Mar. 28, 2011)

Ashley Hileman, Poland Prosecutors Ask US To Question Guantanamo Detainees Over Secret CIA Prison, Jurist Paper Chase Newsburst (Mar. 28, 2011)

Reuters, Greener Corporate Accounts Urged to Aid Nature, AlertNet (28 Mar 2011)

Godfrey Marawanyika, Zimbabwe to take over all foreign-owned mining firms, Yahoo! News (Mar. 28, 2011)

Reuters, [UK] Report Attacks UN Handling of Humanitarian Crises, AlterNet (28 Mar 2011)

Reuters, U.S. Says Libyan Rebels May Sell Oil, AlertNet (28 Mar 2011)

Louis Charbonneau, UN Sactions Don’t Ban Libya Rebel Oil Sales – Envoys, Reuters Africa (Mar. 28, 2011)

Michael D. Shear, Obama Defends Limited Role in Libya, The Caucus (NY Times)(Mar. 28, 2011)

Mark Trang, China and US Among Top Punishers, but Death Penalty in Decline, guardian.co.uk (28 Mar 2011)

Reuters, Probing Libyan Killings, ICC Support at a Turning Point, AlertNet (28 Mar 2011)

UN News Service, UN nuclear agency calls high-level meeting on Japanese power plant crisis, UN News Centre (28 March 2011)

UN News Service, World faces ‘epochal’ change equivalent to that of 1989, UN chief says, UN News Centre (28 Mar 2011)

UN News Service, No Evidence that Libya is Meeting its Obligations to Protect its Civilians, UN chief says, UN News Centre (28 Mar 2011)

Christine Mungai, Attacks Draw New Parallels Between Libya and Somalia, The EastAfrican (Mar. 28, 2011)

Opinion, Why African Dictators are Troubled By Uprising, allAfrica.com (28 Mar 2011)

Fabiana Frayssinet, Latin America: Growing Opposition to Intervention in Libya, IPS Africa (Mar. 28, 2011)(also allAfrica.com)

Sudan Tribune, Govt Refuses to Grant Ugandan Peacekeepers Visas for Darfur Mission, allAfrica.com (28 Mar 2011)

Sylvia Mweeta, Climate Changes Needs Practical Approach, allAfrica.com (28 Mar 2011)

Charles Onyango-Obbo, How AU Dropped the Ball in North Africa, The EastAfrican (Mar. 28, 2011)

Reuters, Bahrain Denies Kuwait to Mediate in Political Crisis, AlertNet (28 Mar 2011)

Elisabeth Rosenthal and William J. Broad, Marine Life Faces Threat From Runoff, New York Times (Mar. 28, 2011)

Drew Singer, Legislation Proposed to Halt US Military Action in Libya, Jurist Paper Chase Newsburst (Mar. 27, 2011)(and Jurist Paper Chase Newsburst)

UN News Service, Timorese force assumes full policing duties from UN mission, UN News Centre (27 Mar 2011)

Compiled, AU Lays Out Roadmap for Libya Unrest, BuaNews Online (27 Mar 2011)

Reuters, Egypt Says Will Recognize New South Sudan State, AlertNet (27 Mar 2011)(also Aljazeera)

Benjamin Weisner, A New York Prosecutor with a Worldwide Reach, New York Times (Mar. 27, 2011)

UPI, Court Seeks Interpol Warrant for Musharraf, UPI.com (Mar. 26, 2011)

Editorial, Time for AU, UN to Intervene in Crisis, allAfrica.com (26 Mar 2011)

Aman Kakar, UN rights chief condemns Syria for repression of protestors, Jurist Paper Chase Newsburst (Mar. 26, 2011)

UPI, Italy, Tunisia Reach Pact on Refugees, UPI.com (Mar. 26, 2011)

Omer Redi, African Union Urges Libya Dialogue, IPS Africa (Mar. 26, 2011)

UP, U.N., U.S. Condemn Syrian Protest Response, UPI.com (Mar. 26, 2011)(also guardian.co.uk)

Anthony Kariuki, Raila Insists on ICC Trail for Ocampo Six, Saturday Nation (Mar. 26, 2011)

Carrie Schimizzi, UN Human Rights Council to investigate human rights abuses in Ivory Coast, Jurist Paper Chase Newsburst (Mar. 26, 2011)

Prof. Hilary Charlesworth appointed to the International Court of Justice for Australia’s whaling case against Japan, Attorney-General for Australia (25 Mar 2011)

Alfredo Tjiurimo Hengari, The African Union Struggles to Exit On Libya, allAfrica.com (25 Mar 2011)

Rebecca Hamilton, Sudan Preventing Food, Health Care From Reaching Darfur, Aid Group Says, WORLD (Mar. 25, 2011)

IACHR, Cases Involving Columbia, El Salvador and Honduras are lodged with the Inter-American Court, Press Release No 25/11 (Mar. 25, 2011)

UN Insider, SG convenes senior meeting on Japan nuclear situation, HRC votes to establish commission of inquiry on Cote d’Ivoire abuses, and more, UN Dispatch (Mar. 25, 2011)

George Agba And Innocent Odoh, ECOWAS Urges UN To Remove Gbagbo for the Ivory Coast by Force, allAfrica.com (25 Mar 2011)

Anita Imalingat and Karen Mukama, Journalists Petition UN Over Right to Free Expression, The Monitor (Uganda)(Mar. 25, 2011)

Reuters, France Asks UN To Sanction Ivory Coast’s Gbagbo, AlterNet (25 Mar 2011)

Megan Rowing, “Humanitarian Vulnerability” of East Jerusalem Palestinians Rising – UN, AlertNet (25 Mar 2011)

UN News Service, Trash in world’s oceans threatens wildlife, economy and human health, UN warns, UN News Centre (25 Mar 2011)(also UNEP)

Penelope Chester, Côte d’Ivoire’s Neglected Conflict, UN Dispatch (Mar. 25, 2011)

Daniel Richey, ICC Prosecutor Certain of Gaddafi War Crimes Charges, Jurist Paper Chase Newsburst (Mar. 25, 2011)

Reuters, UN Rights Body to Send Inquiry Team to Ivory Coast, AlertNet (25 Mar 2011)

Michael Haggerson, Human Rights Court Invalidates Uruguay Military Amnesty Law, Jurist Paper Chase Newsburst (Mar. 25, 2011)

Reuters, France Submits Draft UN Ivory Coast Resolution, AltertNet (25 Mar 2011)

Reuters, Time To Rethink Global Nuclear Safety Regime – UN, AlterNet (25 Mar 2011)

Integrated Regional Information Networks (IRIN), Ethiopia: The great land-grab debate, IRIN (25 Mar 2011)

UN News Service, UN human rights office sends high-level staff to Tunisia and Egypt to assess situation, UN News Centre (25 March 2011)

UN Insider, HRC appoints Iran investigator, achieves compromise on defamation of religion issue, SG briefs Council on Libya and more from UN Direct, UN Dispatch (Mar. 24, 2011)

Reuters, Sudan Allows Overflights of Libya Ops, AltertNet (24 Mar 2011)

David Bornstein, Grameen Bank and the Public Good, Opinionator (Mar. 24, 2011)

Ali Akbar Darenini, Iran Blasts Appointment of UN Rights Investigator, SFGate (Mar. 24, 2011)

Associated Press, UN rights body ditches call to condemn religious ‘defamation,’ focuses on freedom of belief, WORLD (Mar. 24, 2011)

Associated Press, Inter-American Court Rules Uruguay Must Drop Amnesty Given for 1970s Dirty War, WORLD (Mar. 24, 2011)

UPI, UK: “Compelling” Reasons to Attack Libya, UPI.com (Mar. 24, 2011)

Associated Press, International Prosecutor Expects Libyan Regime to Face Charges of Crimes Against Humanity, WORLD (Mar. 24, 2011)

John Heilprin, UN Creates Human Rights Investigator on Iran, SFGate (Mar. 24, 2011)(also Jurist Paper Chase Newsburst, UN News Centre, Amnesty International)

Thijs Bouwknegt, ICC Hears First Defence Witness About Bogoro Massacre, Radio Netherlands Worldwide (24 Mar 2011)

Reuters, Talks on UN “Green Fund” Set for Late April, AlertNet (24 Mar 2011)

UN Watch, UN Rights Council wrongly allows Kyrgyzstan to vote, UN Watch (Mar. 24, 2011)

Sarah Posner, Egypt Rights Commission Accuses Mubarak of Protestor Murders, Jurist Paper Chase Newsburst (Mar. 24, 2011)

Ban Ki-Moon Interview: I am Willing to Take Any Measures for Human Rights, Christian Science Monitor (Mar. 23, 2011)

CNN, Embassies Closing, Moving South of Tokyo, Japan Reports, CNN International (Mar. 23, 2011)

Charissa Sparks, Global Health Challenge by Toxic Pollutants, MediaGlobal (22 Mar 2011)

Sam Sanders, Libya Conflict: Who’s Who in the International Coalition, Washington Post, blogPOST (Mar. 23, 2011)

CNN, Bolivia Ready To Take Chile to Court Over Sea Access, Says President, CNN International (Mar. 23, 2011)(also BBC)

UN News Service, Security Council can benefit from closer ties with UN peacebuilding body – official, UN News Centre (23 Mar 2011)

Daniel Makowsky, ECJ Legal Advisor Finds Ban on Genetically Modified Crops Illegal, Jurist Paper Chase Newsburst (Mar. 23, 2011)

Patrick Wintour and Owen Bowcott, Libya: The Legal Case for Deployment, guardian.co.uk (21 Mar 2011)

Editorial, When is Military Intervention is a Sovereign State Justified, The Standard (Zimbabwe)(20 Mar 2011)

UN Daily News


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

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

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

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