Anton’s Weekly Digest of International Law, Vol. 2, No. 14 (7 Apr 2011)

Anton’s Weekly Digest of
International Law

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

Vol. 2, No. 14
(7 Apr 2011)

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

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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

Form, Function, and the Powers of International Courts

Dinah L. Shelton
George Washington University – Law School
Chicago Journal of International Law, Vol. 9, No. 537, 2009
GWU Legal Studies Research Paper No. 542
GWU Law School Public Law Research Paper No. 542

At the end of the nineteenth century, the international community began creating its first tribunals with the establishment of the Permanent Court of Arbitration. Since then, numerous courts and tribunals have been created on the international stage. This Article examines the interplay of form, function, and the powers exercised by international courts. It first considers the functions or attributes of any institution that carries the name “court” or “tribunal” and reflects upon whether there are powers that must be deemed inherent in such an institution to allow it to fulfill the judicial function, irrespective of limitations placed on the court’s jurisdiction or the type of proceedings it conducts. The Article then identifies four specific functions that states have expressly delegated to international courts. The conclusion suggests that courts, litigants, and scholars still may usefully examine any exercise of international judicial powers by considering the function of the court and asking whether the power is one inherent to all courts, expressly conferred on the particular court, or reasonably implied from an express or inherent power.

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On the Use and Abuse of Necessity in the Law of State Responsibility

Robert D. Sloane
Boston University – School of Law
American Journal of International Law, Forthcoming
Boston Univ. School of Law Working Paper No. 11-16

In an era of crises (economic, environmental, humanitarian, and even existential), the defensive plea of necessity has become a growth industry in the law of state responsibility, spurred in part by the publication of Article 25 of the International Law Commission’s Draft Articles on Responsibility of States for Internationally Wrongful Acts. Recorded incidents suggest that necessity has been raised more times in the past three decades than in the preceding three centuries – in diverse fields ranging widely across the landscape of contemporary international law. Yet recent scholarship focuses almost exclusively on necessity’s role in the distinctive (lex specialis) context of investor-state arbitration. This is understandable because of its significance to recent disputes in the field. But it is also regrettable, for it has to some extent eclipsed more fundamental questions that should be asked about the very concept of necessity in international law . . .. This Article, first, analyzes the historical evidence for Article 25, which purports to codify the customary definition of necessity; second, argues on the basis of this evidence that at least in terms of the ILC’s formal mandate, Article 25 reflects far more “progressive development” than it does “codification”; third, clarifies several of the most troubling conceptual and institutional problems that necessity raises in general international law – that is, outside of the confines of a treaty regime or other lex specialis; and finally, inquires into the continuing viability, value, and appropriate analysis of necessity in the contemporary international legal order. . . .

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A Grotian Moment: Changes in the Legal Theory of Statehood

Milena Sterio
Cleveland State University, Cleveland-Marshall College of Law
Denver Journal of International Law and Policy, Forthcoming
Cleveland-Marshall Legal Studies Paper No. 10-200

International law has undergone profound changes over the last decades. It has transformed itself from a set of rules governing inter-state relations, where states were the only actors, to a complex web of laws, treaties, regulations, resolutions and codes of conduct that govern a variety of state and non-state actors, in their daily interactions. Scholars have thus written about globalization, and the changes brought about through its potent forces. In the process of globalization, states have lost some attributes of sovereignty, and their bundle of sovereign rights has been meshed in with regional and global rules, which often supersede states’ decision-making power. . . . This kind of fundamental change in the existing world order – the increased chipping away of state sovereignty through the forces of globalization – has produced new rules regarding the legal theory of statehood. As this Article argues below, statehood is no longer satisfied through the four traditional criteria of the Montevideo Convention: territory, government, population, and the capacity to engage in international relations. Rather, for an entity to qualify as a state, and to continue to be regarded as a state on the world scene, additional criteria need to be fulfilled. These additional criteria are in reality subparts of the fourth pillar of statehood, the capacity to enter into international relations, and they include: the need for recognition by both regional partners, as well as the most powerful states, which I refer to as the Great Powers; a demonstrated respect for human/minority rights; and a commitment to participate in international organizations, and to abide by a set world order. This type of profound development in international law (globalization), causing the emergence of new rules and doctrines of international law (statehood), has been described as a Grotian Moment. . . .

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Back to the Theory of Humanitarian Interventions

Hovhannes Nikoghosyan
affiliation not provided to SSRN

The role and place of peace-keeping and humanitarian intervention in the post-Potsdam world order deserves careful research and study, especially when such operations are currently undergoing a period of rapid growth. Among the factors that are pushing forward such a rapid growth of the so-called “war for viable peace” are, first of all, the unprecedented importance attached to the innate and inalienable human rights issues, which lie on the bottom of the “humanitarian intervention” theory. Even if the growing number of non-UN authorized interventions is totally unlawful, as some scholars would argue, it requires careful study at least from the perspective to understand the global security trends of last decade and make assessments for mid-term future. The well-known peace-keeping operations of certain countries or ad hoc coalitions put a big question mark over the effectiveness of existing international legal system and will sooner or later become a basis for the update of the international law. For instance, if there were clear-cut legal regulations, perhaps Darfur province of Sudan would not stay untouched after Kosovo (1999) or Iraq (2003) would not have experienced all the horrors of military interventions due to, inter alia, the alleged human rights violations.

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Establishment of the International Criminal Tribunal in the Former Yugoslavia (ICTY): Dealing with the ‘War Raging at the Heart of Europe’

Galina Nelaeva
Tyumen University
Romanian Journal of European Affairs, Vol. 11, No. 1, March 2011

Much has been written on the question of disintegration of the former Yugoslavia and the conflict that followed . A lot of scholarly attention was devoted to the analysis of the reasons of the Yugoslav war, political, military, psychological and other aspects of the conflict and ways of conflict resolution. International community responses to the conflict have also been much discussed. Post-conflict reconstruction, relations of the Balkan states with the EU, compliance with the EU accession criteria have been extensively covered as well. Less attention, however, was given to the process of creation of the International Criminal Tribunal in the former Yugoslavia (ICTY), an institution established to try individuals responsible for international crimes committed during the conflict, cooperation with which is currently one of the most important EU accession criteria for the Balkan states. The ICTY was primarily discussed by legal scholars, who attempted to analyze the impact the Tribunal made on the development of international criminal justice. This article attempts to show how historical analogies were used in the process of creating the ICTY. The rhetoric of “war raging at the heart of Europe”, threatening to undermine developments in the “new Europe” was frequently employed by politicians in the discussions leading to the creation of the Tribunal.

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Changing Role of Friends of the Court in the International Courts and Tribunals

Jona Razzaque
University of the West of England (UWE)
Non State Actors and International Law, Vol. 1, No. 3, pp. 169-200, 2001

The paper examines the practice and procedures of a range of international courts and tribunals with regard to the submission of amicus curiae briefs by non-governmental actors. The focus is on the recent practice in the ICJ, WTO dispute settlement system and in the regional human rights bodies, as well as in international criminal tribunals, with a view to identifying whether any common rules or approaches exist. The study sets out the current rules regarding the receipt of amicus curiae briefs and considers the procedural rules to submit such briefs. The paper focuses on the ways international courts and tribunals are able to use the information and arguments submitted by amicus curiae briefs.

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The OSPAR Convention, the Aarhus Convention and EC Law: Normative and Institutional Fragmentation on the Right of Access to Environmental Information

Nikos Lavranos
European University Institute (EUI)
THE INTERNATIONAL LAW AND POLICY OF MULTI-SOURCED EQUIVALENT NORMS, pp. 143-169, Y. Shany & T. Broude, Hart Publishing, 2011

This chapter discusses the proceeding under the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), which formed part of the wider MOX Plant dispute, as a case study for identifying the existence of MSENs concerning the right to access to environmental information. It will subsequently analyze the extent to which MSENs create divergent rights and obligations for states that could lead to divergent or conflicting outcomes and ultimately to fragmentation. Accordingly, section II identifies the MSENs involved in this case study and discusses the substantive aspects of the right to access to environmental information. Based on that, section III examines how the OSPAR arbitral tribunal dealt with the MSEN issue.

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The Intellectual Property Regime: Are There Lessons for Climate Change Negotiations?

Peter Drahos
Queen Mary University of London, School of Law; Australian National University (ANU) – Research School of Social Sciences (RSSS)
ANU Regulatory Institutions Network, Climate and Environmental Governance Network Working Paper No. 09
Queen Mary School of Law Legal Studies Research Paper No. 76/2011

Does the evolution of the intellectual property regime hold any lessons for the climate change regime? The paper argues that the architecture of the intellectual property regime recognizes the complexity of free riding behaviour and divides the problem amongst a number of treaties. The integration of intellectual property trade standards into the trade regime provides plaintiff states with a way to inflict both political and economics costs on free riders. Perhaps the most important lesson relates to the way in which a highly coordinated international business network was able to shift intellectual property into the multilateral trade regime and obtain standards most countries at the time did not really want because they were net intellectual property importers.

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The Dual Foundation of Universal Jurisdiction: Towards a Jurisprudence for the ‘Court of Critique’

Itamar Mann
Yale University – Law School
Transnational Legal Theory, Vol. 1, No. 4, p. 484, 2010

This article revisits the case of The State of Israel v Adolph Eichmann and calls for renewed attention to the analysis of universal jurisdiction in this early example of it. Precisely because the Israeli court’s notion of universal jurisdiction is foreign to contemporary readers, it provides fresh guidance on a doctrine that has recently gained enormous importance in global politics. The Eichmann Opinion suggests a two-tiered test: among the cases satisfying the traditional conditions for universal jurisdiction, only those cases in which there is a political interest in pressing charges should be selected. As a world court with universal jurisdiction has not been established, universal jurisdiction remains grounded both in a universal vision of humanity and in the violence wielded by particular institutions.

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Environmental Law and the Loss of Paradise

Eric Dannenmaier
Indiana University, Indianapolis
Columbia Journal of Transnational Law, Vol. 49, pp. 463-494, 2011

This Book Review explores the central idea “now traveling the planet,” “that ordinary people have the right to go to court to defend their environment.” It examines Professor Oliver Houck’s new book recounting eight cases from eight countries where attorneys went to court to protect irreplaceable landscapes and preserve national treasures. The Review examines four central features of Houck’s book tied to international and environmental scholarship. The first is the metaphor of Eden that both names the book and provides an ethical core for each of the legal battles Houck recounts. Second is the importance of democracy in providing political context and tactical opportunities in environmental cases. Houck shows us environmental citizen suits at work not only in countries historically associated with popular democracy but also in the far less democratically-fertile political contexts of post-colonial India, post-Soviet Russia, post-Marcos Philippines, post-Pinochet Chile and post-imperial Japan. The third feature is the idea that sustainable development, a touchstone of public international law, has important limits. At a time when policymakers are preoccupied with the size of footprints (carbon footprints, water footprints, development footprints), Houck argues for no footprints at all. The final feature is the book’s description of international law being made through transboundary networks and epistemic communities. While Houck does not explicitly tie his work to the growing literature about the nature of international lawmaking and transboundary legal process, he contributes case studies that help to ground that literature. The Review concludes that, as moral allegory, the collection of stories is appropriately named for Eden. Yet the book’s stories emphasize struggle rather than loss. Houck reinforces through the cases what he proffers in the title: law (as an instrument) is not about losing paradise; it is about taking it back.

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Redesigning Global Trade Institutions

John Linarelli
University of La Verne College of Law
Southwestern Journal of International Law, Vol. 18, No. 1, 2011

This is a draft of an essay for the symposium, 2021: International Law Ten Years from Now, held by the Southwestern Journal of International Law in cooperation with the International Law Association (American Branch) Weekend West. The essay deals with two questions. First, what is to be of the WTO and world trade institutions generally? It examines the rise of regionalism in international trade agreements and possible roles for variable geometry for the WTO. The essay critiques proposals to move towards (or back to) plurilateralism for the WTO. Second, what should trade agreements do? This question goes to the core values and operating principles for trade institutions. I argue that governments should take questions of distributive justice seriously in the design of global trade institutions.

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Wings Over Libya: The No-Fly Zone in Legal Perspective

Michael N. Schmitt
Durham University – Department of Law
Yale Journal of International Law Online, Vol. 36, pp. 45-58, 2011

This article examines the legal issues raised by establishment of the no-fly zone over Libya pursuant to UNSC Resolutiion 1973.

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Drone Attacks Under the Jus ad Bellum and Jus in Bello: Clearing the ‘Fog of Law’

Michael N. Schmitt
Durham University – Department of Law
Yearbook of International Humanitarian Law, Forthcoming

This article examines both the law governing resort to force and the international humanitarian law aspects of drone attacks.

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Cyber Operations and the Jus in Bello: Key Issues

Michael N. Schmitt
Durham University – Department of Law
Naval War College International Law Studies, 2011

This article examines the jus in bello (international humanitarian law) governing cyber operations during an armed conflict.

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Hannah Arendt as a Theorist of International Criminal Law

David J. Luban
Georgetown University Law Center
International Criminal Law Review, 2011
Georgetown Public Law Research Paper No. 11-30

This paper examines Hannah Arendt’s contributions as a theorist of international criminal law. It draws mostly on Eichmann in Jerusalem, particularly its epilogue, but also on Arendt’s correspondence, her writings from the 1940s on Jewish politics, and portions of The Human Condition and her essays. The paper focuses on four issues: (1) Arendt’s conception of international crimes as universal offenses against humanity, and the implications she draws for theories of criminal jurisdiction; (2) her “performative” theory of group identity as acts of political affiliation and disaffiliation, from which follows a radically different account of the crime of genocide than that of Raphael Lemkin; (3) the “banality of evil,” and its relation to legal conceptions of mens rea; and (4) her ultimately inconclusive assessment of law’s capacity to confront the radically unprecedented crimes of regimes that are themselves criminal, and which systematically invert the values necessary to distinguish legal rules from exceptions. The essay was written for a symposium on women and international criminal law in honor of Judge Patricia Wald.

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Taming Governance with Legality? Critical Reflections upon Global Administrative Law as Small-C Global Constitutionalism

Ming-Sung Kuo
University of Warwick School of Law
New York University Journal of International Law and Politics (JILP), Vol. 44, Forthcoming

The project of global administrative law has stood out from the various efforts to tame global governance with the rule of law. By enhancing transparency and accountability, global administrative law is expected to improve the policy output of global administration, giving legitimacy to global governance. In this way, global administrative law evolves into a small-c global constitutionalism. In this paper, I trace the trajectory of global administrative law as small-c global constitutionalism and how the concept of legitimacy is recast in relation to global governance. I first point out that originally embedded in the practice of global governance, global administrative law effectively functions as the small-c constitutional law of global governance, echoing the trends toward constitutionalization. As it takes on constitutional character, however, global administrative law faces the challenges of legitimacy as well as legality. Turning away from state consent, global administrative law turns to the idea of publicness as the solution to its double challenges. My inspection of the notion of publicness in global administrative law shows that the strategy of resting the legitimacy of global administrative law as small-c global constitutionalism on the idea of publicness turns out to be the privatization of legitimacy, suggesting a post-public concept of legitimacy.

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‘Land Grabbing’ in Developing Countries: Foreign Investors, Regulation and Codes of Conduct

Nadia Cuffaro
University of Cassino – Faculty of Economics
David Hallam
Food and Agriculture Organisation of the United Nations

The paper discusses the recent developments of FDI in land in developing countries. Two issues are analyzed: the first is the available evidence on the so called “land grab” and the associated question of the role of control on land in the internationalisation of developing countries agricultural production. The second is the problem of the risks of such large land deals and the possible function of corporate social responsibility in mitigating them.

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How Will the European Court of Human Rights Deal with the UK in Iraq? Extra-Territorial Jurisdiction, Tensions between International Humanitarian Law and International Human Rights Law, and Lessons from Turkey and Russia

Bill Bowring
Birkbeck College – School of Law
THE IRAQ WAR AND INTERNATIONAL LAW, pp. 285-312, Phil Shiner, Andrew Williams, eds., Hart Publishing, 2008

The invasion and occupation of Iraq have placed international law as a whole and human rights law in particular under extraordinary stress. In the face of brute and lawless force all normativity may appear to have evaporated from the international scene. Nevertheless, it is highly likely that in due course the European Court of Human Rights (ECtHR) will be called upon to adjudicate on complaints arising from the conduct of the United Kingdom, and possible other European states of the ‘Coalition of the Willing’. My argument in this chapter is that significant normative and legal resources already exist in the jurisprudence of the ECtHR, and that through the cases decided over the years, especially the Chechen cases, a wholly positive clarification of the relationship between International Humanitarian Law (IHL) and International Human Rights Law (IHR) is already taking place. However, this process, on my account, can only be understood in the context of colonial and post-colonial armed struggles.

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Positivism Versus Self-Determination: The Contradictions of Soviet International Law

Bill Bowring
Birkbeck College – School of Law
INTERNATIONAL LAW ON THE LEFT: RE-EXAMINING MARXIST LEGACIES, pp.133-168, Susan Marks, ed., Cambridge University Press, 2008

This chapter starts with a typical description in the standard genre, by a distinguished contemporary international legal scholar. I then trace the development of Soviet international law through a double refraction: what it said about itself, in some bitterly fought theoretical struggles; and what was said about it by the attentive scholars of the United States. For this purpose I trace the trajectory of Yevgeny Pashukanis, the best known Marxist theorist of law in the west, in part as refracted in the writings of US scholars of international law. I show that despite following developments in Soviet international law with close interest, these observers entirely misunderstood what they sought to analyse. It should be said that the leading Soviet theorists did so too. This tradition of misunderstanding has continued until the present day. I contend that this is true also of the most sophisticated and committed of contemporary Marxist scholars of international law, China Mieville. I engage respectfully with his impressive work. More importantly however, there was on my contention a clear-cut contradiction between the positivism of the legal text-books, and the actual practice of the Bolshevik and then Soviet doctrine of the ‘Right of Peoples to Self-Determination’. Thus, the USSR gave enormous material and moral support to the National Liberation Movements, and led the successful drive to see the principle and then right to self-determination placed at the centre of public international law in the 20th and 21st centuries.

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African Regional Integration: Implications for Food Security

Michiel Van Dijk
Wageningen UR – Agricultural Economics Research Institute (LEI)

This report looks at the African regional trade, regional integration agreements (RIAs) and the implications for food security. An overview is presented on the present state of African regional integration and the determinants of regional trade in agriculture and food commodities. In particular the study focuses on eight target countries, related RIAs and a set of strategic food commodities. The evidence presented in this study shows that African countries have made progress in opening up agriculture and food trade with partner countries. With, the exception of Ghana, Tanzania and Mozambique, the effective applied tariff rates for regional trade partners are substantially lower than the (MFN) rates applied to world trade partners. Nonetheless, regional trade in agriculture and food only increased marginally between 1990 and 2009, and is relatively low in comparison with other developing regions. The weak state of soft and hard infrastructure, rather than high trade tariffs, seem to be the cause of this.

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The Third Internal Energy Market Package: New Power Relations Among Member States, EU Institutions and Non-State Actors?

Per Ove Eikeland
affiliation not provided to SSRN
JCMS: Journal of Common Market Studies, Vol. 49, No. 2, pp. 243-263, 2011

The article analyses the September 2007 European Commission proposal for a third internal energy policy package, agreed by the European Union in spring 2009. Compared to legislation from 2003, the proposal reflects greater will on the part of the Commission to pressure unwilling Member State governments, and shifts in Commission leverage vis-a-vis Member States as well as a shift in policy networks with clout in EU policy-making. This shift in Commission leverage would indicate stronger supranational governance in EU energy matters in the future.

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A Legal Method for Solving Issues of Internet Regulation; Applied to the Regulation of Cross-Border Privacy Issues

Dan Svantesson
Bond University – School of Law
EUI Working Papers LAW No. 2010/18

This article presents a legal method that can be used to find solutions to the challenges of regulating Internet technology. The method consists of ten steps and the reader is guided through the application of these steps. To illustrate the use of the method, it is applied to the research task of finding a solution to the conundrum of regulating cross-border data flows on the Internet. Thus, the article has two distinct aims, and it should benefit anyone with an interest in research methodology, as well as those interested in the regulation of privacy in general, and on an international level, in particular.

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A Right to Legal Aid: The ABA Model Access Act in International Perspective

James R. Maxeiner
University of Baltimore – School of Law

For over two centuries America has failed to fulfill its revolutionary ideals of bringing equal justice to all. In August 2010 the American Bar Association moved to bring the nation closer to its ideals when it proposed the ABA Model Access Act. The Act would do what the Supreme Court of the United States has refused to do: it would recognize that legal aid in civil litigation is a matter of right and not of charity. The Act is a framework law and leaves many details to be filled in by enacting bodies and by the institutions eventually charged with implementing it. The drafters of the Model Act were aware of foreign legal aid systems. In some European countries, such as in Germany and in France, legal aid in civil litigation has been a civil right for over a century and a half. This article examines the Model Act in light of that century and a half of experience in Germany. Based on that experience it points to many issues that the Model Act leaves open and identifies how German law resolves them.

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How to Be a Third Pillar Guardian of Fundamental Rights? The Irish Supreme Court and the European Arrest Warrant

Elaine Fahey
European University Institute – Robert Schuman Centre for Advanced Studies (RSCAS)

The author outlines recent developments as to the operation of the European arrest warrant before the Irish Supreme Court. The European Arrest Warrant Act, 2003 includes a far-reaching obligation to refuse surrender where a breach of fundamental rights has occurred, one that has been read down dramatically by the Irish courts. While the Irish courts cannot access the Court of Justice pursuant to Article 35 EU, they have employed the Pupino decision so as to “bridge the gap” and provide judicial protection. The effectiveness of the Supreme Court as a Third Pillar guardian of fundamental rights is thus considered.

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Do I Need to Pin a Target to My Back?: The Definition of ‘Particular Social Group’ in U.S. Asylum Law

Nitzan Sternberg
affiliation not provided to SSRN

In U.S. asylum, there are significant differences among the federal circuit courts’ approaches to defining “particular social group”. These differences come from the circuit courts’ use of different legal tests to define “particular social group”. The different approaches to defining PSG have led to a circuit split between the Seventh Circuit, the Ninth Circuit, and the circuit courts that follow the Board of Immigration Appeals. This Note analyzes the definition of PSG in asylum law, and examines the various tests that different circuit courts use to define PSG.

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Restoring Trust for Peace and Security

Louise Shelley
George Mason University – School of Public Policy
GMU School of Public Policy Research Paper No. 2011-11

The paper addresses the linkages between corruption, organized crime and human trafficking. It analyzes the complex ways in which corruption is linked to these two phenomena and addresses why corruption assumes such an important role in facilitating the rise of human trafficking.

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Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon

Dinah L. Shelton
George Washington University – Law School
American Journal of International Law, Vol. 105, No. 60, 2011
GWU Legal Studies Research Paper No. 543
GWU Law School Public Law Research Paper No. 543

The right of self-determination has long been celebrated for bringing independence and self-government to oppressed groups, yet it remains a highly controversial norm of international law. From the breakup of the Austro-Hungarian and Ottoman Empires after World War I to the struggle of colonial territories for independence following the World War II and the later dissolution of the former Yugoslavia, there has been an unavoidable conflict between the efforts of peoples to achieve independence and the demands of existing states to preserve their territorial integrity. This essay focuses on the African and American regional human rights systems and their ability to distinguish internal from external self-determination and indicate the different circumstances under which each variation of the right applies. The essay begins with a look at the relevant human rights provisions of the two systems, after which it turns to the case law concerning secession claims; the discussion on secession is limited to Africa because no case of this type has come before the American human rights institutions. It then looks at the special self-determination rights of indigenous and tribal peoples, and at the corresponding special state duties owed them. As will be noted, the jurisprudence of the two systems provides some of the answers that the ICJ declined to give in the Kosovo opinion. The final part refers to the written submissions of African and American states in the Kosovo proceedings.

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Before the Abyss: Reshaping International Humanitarian Law to Suit the Ends of Power

Eitan Diamond
International Committee of the Red Cross (ICRC)
Israel Law Review, Vol. 43, No. 414, 2010
Hebrew University of Jerusalem Faculty of Law Research Paper No. 02-11

In the increasingly legalized landscape in which armed conflicts are now waged, international humanitarian law (IHL) has become an integral and ever more central part of military strategy. States can and do use it to gain advantage over their adversaries, but must also contend with challenges that arise when it is wielded against them. In their efforts to respond to these challenges official and unofficial advocates of State powers have advanced modes of argumentation which question the fundamental structure of IHL. This article takes issue with one such argument that mobilizes the theologico-political principle of the “lesser-evil” to conclude that acts which are absolutely prohibited under IHL should nevertheless be deemed legally permissible when their foreseen consequences are less harmful than lawful alternatives. The article demonstrates that this argument threatens to blur IHL’s sharp boundaries and expand its zone’s of elasticity thereby undermining its structural principles. More specifically, the article maintains that the argument in question rests on exaggerated faith in the judgment of belligerent parties, that it fails on its own utilitarian logic and that it ignores deontological reasoning fundamental to IHL. The article contends that accepting this argument would severely compromise IHL’s capacity to limit violence and preserve human dignity and therefore advocates that it be rejected.

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Foreign Investment and Dispute Resolution Law and Practice in Asia: An Overview

Vivienne Bath
University of Sydney – Faculty of Law
Luke R. Nottage
University of Sydney – Faculty of Law; University of Sydney – Australian Network for Japanese Law
FOREIGN INVESTMENT AND DISPUTE RESOLUTION LAW AND PRACTICE IN ASIA, V. Bath and L. Nottage eds., Routledge, 2011
Sydney Law School Research Paper No. 11/20

International investment, especially Foreign Direct Investment (FDI), continues to grow apace across the Asian region, despite the Asian Financial Crisis and now the aftermath of the Global Financial Crisis (GFC). This paper is based on the introductory chapter for our 13-volume book (Foreign Investment and Dispute Resolution Law and Practice in Asia, forthcoming in October 2011 from Routledge). The book surveys both substantive law affecting FDI and investment dispute resolution law and practice, focusing on major capital exporting and importing countries in the region (especially Japan, China, India, Korea, Indonesia, Malaysia and Vietnam). Another distinguishing feature of the book is the way it integrates comparative law studies of domestic legal systems with analyses of important emerging trends in international investment treaty law. With a Preface from the President of the International Bar Association, the book also brings together further chapters from a diverse group of senior and up-and-coming academics and practitioners . . .. The present paper sets the scene for these other chapters in the book by outlining key features and some current controversies about FDI flows and the regulatory regimes under domestic and international law. Part II presents an historical overview of economic development and foreign investment in Asia, including the ASEAN sub-region, as well as the most recent trends. Part III provides a brief introduction to dispute resolution more generally throughout Asia. Part IV offers short summaries of the other chapters in the book.

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Foreign Law as Legislative Fact in Constitutional Cases

A. Christopher Bryant
University of Cincinnati – College of Law
University of Cincinnati Public Law Research Paper No. 11-04

Do we really need another law review article about foreign law in constitutional interpretation? In fact we do. In the vast literature on the subject, a fundamental point has received scant attention. In the recent rulings that have stoked the present controversy, the Supreme Court has employed foreign law not as law, but rather merely as evidence of a legislative fact made relevant by domestic constitutional law. Commentators, however, have largely directed their attention to the merits of a genuine constitutional comparativism, in which foreign law serves as a model for the creation of domestic constitutional doctrine. Many commentators have advocated just such an approach, and at least one sitting Justice has joined in this chorus in both extrajudicial commentary and in a dissenting opinion. But to date, the Court has yet to take this much-mooted step, perhaps due to an awareness of the complex theoretical challenges such an approach would raise. A few opponents to the Court’s actual practice have forcefully observed that the Court’s use of foreign law has lacked the rigor and impartiality that would be necessary to make it credible. What even these scholars have not done, and what this essay ventures, is to consider these claims within the broader context of the Court’s use, and misuse, of all manner of evidence employed in connection with questions of legislative fact in constitutional adjudication.

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International Courts: Uneven Judicialization in Global Order

Benedict Kingsbury

Cambridge Companion to International Law

In modern times international judicialization – the creation and use of international courts and tribunals – has been not only a significant component of liberal approaches to international order, but for some thinkers an indispensable concomitant of juridification.  Section I of this chapter provides an overview of the waves, and accretion, in the formation of what are now ten basic types of international courts.  Section II offers some balance to the tendencies (implicit in the approach taken in Section I) to acclaim each flourishing legal institution as an achievement and to study only what exists, by considering the marked unevenness in the issues, and in the ranges of states, currently subject to juridification through international courts and tribunals.  Section III addresses the question whether the density and importance of the judicially-focused juridification that now exists has implications for politics, law, and justice that are truly significant and qualitatively different from what has gone before.  This is explored by examining some of the main roles and functions of international courts, considered not simply as a menu but as a complex aggregate.   Section IV concludes.

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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 focuses specifically on the appropriateness of indefinite detention under the laws of war that the Obama Administration is establishing for certain detainees currently at Guantanamo, and possibly others in the future. In particular, this article argues that the indefinite detention regime ongoing and proposed for the future diverges in critical ways from traditional law of war detention. . . . 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. . . . 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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Precedent in Civil Law and International Law

Muhammad Munir
International Islamic University Islamabad (IIUI)

Precedent is the one of the main features of common law system. It is the practice whereby the decisions of the higher courts are binding on the lower courts in similar cases. This doctrine evolved very early in England from the time of traveling magistrates (or assizes) who used to be sent to the country side in the 12th century to administer justice. In order to have uniformity and consistency in their work they developed the practice of stare decisis or let the decision stand or stand by what has been decide. The practice gave birth to the modern doctrine of precedent. With the hierarchy of courts and law reporting the doctrine was cemented and reached to its present shape. In England today the House of Lords is free to depart from its previous decision but it rarely exercises this power. It binds all lower courts in the hierarchy. A complete discussion of the doctrine of precedent in England is beyond the scope of this work. In Pakistan by virtue of Article 189 of the 1973 Constitution, the Supreme Court binds all other Courts and Tribunals but it is free to depart from its own previous decisions. The important questions that we want to discuss in this work are: what is the practice of precedent in some countries of Continental Europe practicing civil law system? What is the practice of higher courts in particular in France, Germany and Spain regarding the doctrine of precedent? Is there binding precedent in international law? What is the practice of the International Court of Justice and other international courts and tribunals such as the panels and Appellate Body of the Word Trade Organization? These are some of the questions that are answered in this work.

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The Congo Case

Oliver Jones
Faculty of Law, University of Hong Kong
John Anthony Carty
affiliation not provided to SSRN
Hong Kong Lawyer, pp. 43-50, March 2011

F G Hemisphere Associates LLC v Democratic Republic of Congo is a case involving vulture funds and the modern relationship between Africa and China. It has travelled through the courts of Hong Kong and is now before the Hong Kong Court of Final Appeal (CFA). The case raises the fascinating question of whether the common law of Hong Kong embraces restrictive or absolute foreign state immunity, in light of pre-handover authority favouring the former and the general predisposition of mainland China to the latter. The authors argue, inter alia, that absolute immunity remains the current position under customary international law. In any event, the question of whether a particular transaction was intended to be sovereign or commercial must be certified under Art 19(3) of the Basic Law. Lastly, if Art 19(3) of the Basic Law is not applied, and the status of the relevant transaction is assessed by the CFA, the correct test should be applied thereto and its sovereign status recognized.

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State Sovereignty and Human Rights in Armed Conflicts (in Russian)

Hovhannes Nikoghosyan
affiliation not provided to SSRN
21st Century Journal, Vol. 17, No. 1, pp. 66-84, 2011

The key issue of this study is to identify the relationship between the principle of state sovereignty and internationally recognized human rights in armed conflicts. The study supports the hypothesis that the norm of sovereignty and noninterference in internal affairs of the state are not absolute but limited features, framed by the decline of legitimacy of the central government in the face of large scale and systematic human rights violations, including systematic ethnic cleansings. The study also shows that the sovereignty now stands for “responsibility”, and a refreshed approach to the norm of sovereignty in the effective world order, and is increasingly incorporated into the UNSC resolutions that have binding effect upon international relations and international law.

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Federal Constitutions and Global Governance: The Case of Climate Change

Blake Hudson
Stetson University – College of Law
Indiana Law Journal, Vol. 87, 2012

Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments exclusive regulatory authority over certain subject matters constrain national governments during international negotiations – a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. At the same time, federal nations that grant subnational governments exclusive control over certain subject matters are obviously seeking to maximize the benefits of decentralization in those regulatory areas. The difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. For example, recent scholarship demonstrates that U.S. federalism may jeopardize international negotiations seeking to utilize global forest management to combat climate change, since subnational forest management is a constitutional regulatory responsibility reserved for state governments. This article expands that scholarship – Australia, Brazil, Canada, India, and Russia. . . . This article reviews the constitutional allocation of forest regulatory authority between national and subnational governments in these nations to better understand potential complications that federal systems present for global climate governance aimed at forests. . . .

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Human Rights to a Clean Environment: Procedural Rights

Jona Razzaque
University of the West of England (UWE)
RESEARCH HANDBOOK ON INTERNATIONAL ENVIRONMENTAL LAW, pp. 284-300, M. Fitzmaurice, D. Ong, P. Merkouris, eds., Edward Elgar, 2010

This chapter aims to provide an overview of the development of procedural environmental rights, and review the current interpretation, approaches and techniques of procedural rights in international and national laws. Procedural rights deal with the process through which a decision (administrative or judicial) is taken and typically encompass public consultation, information provision and access to the courts. The core issues involved are procedural fairness, allowing people to be part of the process, and community empowerment, enabling people to take an active role in decisions affecting their lives.

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An Environmental Justice Critique of Comparative Advantage: Indigenous Peoples, Trade Policy, and the Mexican Neoliberal Economic Reforms

Carmen G. Gonzalez
Seattle University School of Law
University of Pennsylvania Journal of International Law, Vol. 32, p. 723, 2011
Seattle University School of Law Research Paper No. 11-07

The free market reforms adopted by Mexico in the wake of the debt crisis of the 1980s and in connection with the North American Free Trade Agreement (NAFTA) have jeopardized the physical and cultural survival of Mexico’s indigenous peoples, increased migration to the United States, threatened biological diversity in Mexico, and imposed additional stress on the environment in the United States. Despite these negative impacts, NAFTA continues to serve as a template for trade agreements in the Americas. Unless this template is fundamentally restructured, future trade agreements may replicate throughout the Western hemisphere many of the economic, ecological and social dislocations experienced under NAFTA. Using Mexico as a case study, the article examines the impact of trade liberalization on indigenous peoples and on the environment. Critiquing Mexico’s neoliberal economic reforms through the framework of environmental justice, the article highlights some of the theoretical and practical limitations of the theory of comparative advantage, which serves as the justification for the free market economic policies promoted by international trade and financial institutions. The article urges policy-makers to integrate trade, human rights, and environmental policy instead of criminalizing immigrants or militarizing the U.S.-Mexican border. The article concludes by using the paradigm of environmental justice to outline the elements of a more equitable and sustainable approach to international trade law and policy that supports the livelihoods of indigenous and rural communities and protects the planet’s finite natural resources.

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The Judicial Recognition and Enforcement of the Right to Environment: Differing Perspectives from Nigeria and India

Rhuks Temitope Ako
University of Hull – School of Law
National University of Juridical Sciences Law Review, Vol. 3, p. 423, 2010

Environmental rights are one of the emerging rights in the arena of international human rights law and international environmental law. This paper analyses the judiciary’s roles in advancing the right to a healthy environment in Nigeria and India. These two countries have certain similarities and yet there exists a remarkable difference between the levels of recognition of the right to environment in both countries. The concept of environment rights will be traced by drawing the link between the environment, human rights and sustainable development. Further, the Nigerian oil industry has impacts on the country’s political economy and the environment of host-communities. In fact, there are reasons why there are certain peculiarities that Nigerian courts face in deciding oil-related environmental cases. An analysis of legal provisions and statutes of both the countries will be presented to highlight the status of the right to environment.

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Bridging the Credibility Gap between Transnational Corporations and Human Rights

Robert C. Bird
University of Connecticut – Department of Marketing
Lucien Joseph Dhooge
affiliation not provided to SSRN

In his April 2008 report entitled “Protect, Respect and Remedy: A Framework for Business and Human Rights” (Framework), the Special Representative of the Secretary General on the issue of human rights and transnational corporations (SRSG) John Ruggie concluded the global marketplace as currently structured posed significant risks to society due to the enormous disparity between the marketplace’s power and the reach of the institutions responsible for its regulation. The SRSG characterized this disparity between global economic forces and the capacity of societal institutions to manage such forces through their national governments as “governance gaps.” These gaps were, according to the SRSG, responsible for an increasing number of corporate-related human rights abuses. This work is important, though incomplete. There is also a credibility gap between transnational corporations and human rights. Corporate codes of conduct, vague pronouncements of commitment to socially responsible values and highly-publicized good deeds aside, respecting human rights and avoiding negative impacts through the performance of due diligence presents value opportunities and strategic advantages beneficial to firm performance. Only when this credibility gap is bridged will the Framework and the future efforts have a reasonable chance of succeeding where so many past efforts dating back almost forty years have failed.

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The Rise of the Social Enterprise: How Social Enterprises are Changing Company Law Worldwide

Levinus Timmerman
Supreme Court of The Netherlands; Erasmus University Rotterdam
Matthijs De Jongh
Supreme Court of The Netherlands – Research Department
Alexander Schild
Hoge Raad der Nederlanden
THE LAW OF THE FUTURE: A COLLECTION OF ‘THINK PIECES,’ S. Muller, ed., Torkel Opsahl Academic ePublisher, 2011

This paper explains the increasing popularity of social entrepreneurship and analyzes its company law consequences. Faced with tight budgets, governments are looking to the private sector to develop businesses that serve the interests of the public. Social entrepreneurship is gaining momentum as it enables people to make a living while pursuing an objective that adds meaning to their lives. Social enterprises are confronting two key challenges. First is the need for funding. The emergence of a social investment sector requires a long-term commitment from government agencies. Second, social enterprises must balance the interests of investors with the social mission. Legislators in many countries are creating specific legal entities to cater to the need for legal entities in which the dual purpose of social enterprises is regulated. A worldwide trend is for company law to provide a means of addressing problems relating to the dual purpose by defining the rights and obligations of directors and shareholders. Furthermore, a sufficiently flexible ‘new company-law product’ offering a pre-negotiated set of rules tailored for social enterprises can reduce incorporation costs for entrepreneurs structuring their businesses. A special legal entity for social enterprises also enables entrepreneurs to carry out their mission by giving them their own legal entity and allowing them to use their legal entity as a marketing tool and a competitive advantage. Accordingly, new legal entities improve the options open to entrepreneurs structuring their social businesses.

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Fines and Damages Under EU Competition Law – Implications of the Accumulation of Liability

Michael J. Frese
Amsterdan Center for Law & Economics (ACLE); Amsterdam Centre for European Law and Governance (ACELG)
Amsterdam Center for Law & Economics Working Paper No. 2011-05

This paper identifies occurrences of negative interplay between public and private enforcement of EU competition law. For this purpose a detailed account of the premises underlying the EU’s dual enforcement system is provided against the background of efficiency, effectiveness, fundamental rights and proportionality. These four interests, both internal and external to the EU’s competition policy, can be affected if liability in parallel enforcement proceedings is either excessive or uncoordinated. While actors involved in the enforcement process are gradually recognising these risks, so far the solutions offered remain incidental.

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The Hague Choice of Court Convention and International Commercial Litigation

J. J. Spigelman
Supreme Court of New South Wales
Judicial Review, Vol. 9, No. 4, pp. 389-402, 2010
Australian Law Journal, Vol. 83, No. 6, pp. 386-394, 2009

Ratification of the Hague Convention on Choice of Court Agreements can reduce the transaction costs and uncertainties associated with the enforcement of legal rights and obligations in international trade and investment. The most important matter which will determine whether the Convention succeeds is the extent to which states adopt the perspective that the autonomy of commercial parties should be respected as distinct from a focus on the courts as a manifestation of state sovereignty.

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International Migration: A Case Against Building Ever-Higher Fences

Piotr Zientara
University of Gdansk
Economic Affairs, Vol. 31, No. 1, pp. 66-72, 2011

International migration, seen as a powerful force of truly global character that is shaping today’s socio-economic reality, is a highly controversial and politicised issue. This paper explores its ramifications in the context of a growing backlash against immigration across the rich world. Specifically, it argues that the free flow of people – like the free movement of goods and capital – is beneficial to developed and developing economies alike and, in doing so, shows how migration produces win-win outcomes. Thus the study, while admitting that inflows of foreign-born workers pose challenges and entail trade-offs, makes a case for the liberalisation of immigration policies. The paper deepens our understanding of the issues at hand and constitutes a voice in favour of liberal-policy choices.

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The United States’ Failure to Ratify the International Covenant on Economic, Social and Cultural Rights: Must the Poor Be Always with Us?

Ann Piccard
Stetson University College of Law
The Scholar: St. Mary’s Law Review on Minority Issues, Vol. 13, No. 2, p. 231, Winter 2010
Stetson University College of Law Research Paper No. 2011-04

The United States remains one of only half a dozen U.N. member states that have yet to ratify the International Covenant on Economic, Social and Cultural Rights. The treaty was signed by President Jimmy Carter in 1977, but no steps toward ratification have ever been taken. Meanwhile, the gap between the rich and the poor in this country continues to grow, and is among the highest of any democracy on earth. The United States is historically suspicious of even recognizing economic, social and cultural rights as “rights” that might be amenable to any method of enforcement. As a result, the poor in this country continue to grow poorer, while the rich get richer. This article proposes that this gap between the rich and the poor is neither inevitable nor acceptable in a nation of such abundant resources. This article proposes that the ICESCR’s ultimate goals should be accepted as basic human rights norms in this country, and that the treaty should be ratified. If ratified, and if implementing legislation is enacted, the ICESCR will be an effective tool to ensure that the economic, social and cultural rights of all citizens of the U.S. are domestically enforceable, bringing an end to the notion that the poor must, in fact, always be with us.

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Collective Arbitration Under the DIS Supplementary Rules for Corporate Law Disputes: A European Form of Class Arbitration?

S.I. Strong
University of Missouri School of Law
ASA Bulletin, Vol. 29, p. 145, 2011
University of Missouri School of Law Legal Studies Research Paper No. 2011-09

A great deal of attention has been paid recently to class arbitration, a US form of large-scale arbitral relief that brings many of the procedures used in judicial class actions into the arbitral context. However, the United States is not the only country to use arbitration to provide collective redress. Germany has recently developed its own form of collective arbitration through the promulgation of the DIS Supplementary Rules for Corporate Law Disputes. This article compares the DIS Supplementary Rules with the American Arbitration Association’s Supplementary Rules for Class Arbitration to identify differences and similarities between the two procedural approaches and to consider the extent to which the two rule systems reflect the jurisprudential preferences of Germany and the United States.

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International Jurisdictional Competition under Globalization: From the U.S. Regulation of Foreign Private Issuers to Taiwan’s Restrictions on Outward Investment in Mainland China

Chang-hsien Tsai

Drawing a lesson from the story that the Sarbanes-Oxley Act drives away foreign issuers and then their physical exit provokes a change in the U.S. regulation of non-U.S. issuers, this article takes as another case study the phenomenon that Taiwanese firms list shares overseas, to further test how usual law market demand and supply forces (or underlying exit and voice rights) interplay under international jurisdictional competition. Put simply, both cases of the U.S. and Taiwan significantly elaborate that law market forces underlying international jurisdictional competition are similarly at work even on both sides of the Pacific Ocean. Specifically, globalization strengthens the mobility of international production factors, and thus lowers firms’ costs of exiting from a given jurisdiction, which also fuels international jurisdictional competition for mobile firms or capital. Therefore, on the demand side of the international law market, if a regulating jurisdiction ignores business demands and imposes excessive regulation, firms would exit physically or threaten to exit in response. This means that the buyer side of the law market starts to operate and then sparks the seller side. On the international supply side, other jurisdictions as sellers would compete for these exiting firms’ corporate charters, listings and other related economic transactions by providing cost-effective regulatory products, to secure greater benefits to the local economy. Such economic exits send out signals to those in the political marketplace within the regulating jurisdiction, and thus activate interest group competition, or the domestic supply side. In consequence, firms, via these law market forces, exert pressure on the regulatory government to engage in a quest for more legal flexibility, or to liberalize unnecessarily excessive regulation.

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Comment: The Future of EU Consumer Law – The End of Harmonisation?

Christian Twigg-Flesner
University of Hull
EUROPEAN CONSUMER PROTECTION – THEORY AND PRACTICE, M. Kenny and J. Devenney, Cambridge University Press, Forthcoming

The development of European Union (EU) Consumer Law has reached an important watershed. After decades of piecemeal harmonisation of selected aspects of Consumer Law, it seems the moment has been reached where the future of EU Consumer Law may lie somewhere other than in further harmonisation of national law. The trigger has been the shift in responsibility for much of EU Consumer Law from DG SANCO to DG Justice following the appointment of a new Commission in 2009, and Commissioner Reding’s willingness to open a debate as to where the priorities for EU Consumer Law should lie. Furthermore, after a period of uncertainty, it now seems that the work on the Common Frame of Reference on European Contract Law has resumed in earnest, and, more importantly, that this has once again been linked with the future development of EU Consumer Law. The Commission opened a broad debate about this in a Green Paper on Policy Options for Progress towards a European Contract Law for Consumers and Businesses in July 2010. This contribution will first take stock of the current situation regarding EU Consumer Law, before moving on to examine the various policy choices put forward in the Green Paper. It will be suggested that the overall focus for the future development of EU Consumer Law should be on cross-border transactions, and that further harmonisation of national consumer laws should be stopped.

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United Nations and Corporate Responsibility for Human Rights

Jernej Letnar Cernic
European University Institute – Department of Law (LAW)
Miskolc Journal of International Law, Vol.8, No. 1, pp. 23-30, 2011

The association of human rights with business has gained a strong foothold in international, as well as domestic, law. A great number of United Nations (UN) initiatives include a reference to corporate responsibility for human rights. This article attempts to clarify the current attempts within the United Nations to address and regulate corporate responsibility and accountability for human rights at the international level.

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Inclusive Business, Human Rights and the Dignity of the Poor: A Glance Beyond Economic Impacts of Adapted Business Models

Rüdiger Hahn
Heinrich-Heine-Universität Düsseldorf
Business Ethics: A European Review, Forthcoming

In recent years, a considerable amount of research on adapted business for developing countries focused on the impact such endeavours have on the respective companies as well as on the affected people. However, the main emphasis within management sciences was on the economic outcomes or (even more distinct and often) on the question how to integrate the poor into business models and value chains. Until now, further aspects of a dignified human existence were merely covered as a side note. The article focuses on the influence of inclusive business approaches on various aspects of human dignity and provides explorative insights as basis for future theory building. The aim is to uncover how human dignity is affected by different business approaches for the poor including and beyond economic outcomes. After giving an insight into the essence and meaning of human dignity in connection to various human rights, the articles refers to a number of illustrative cases of inclusive business. The analysis culminates in the insight that dignity can be (and sometimes already is) assured and promoted by deliberately including the poor into relevant value-added business processes. If this is the case, an enhanced dignity is not merely the result of increased incomes but stems from a variety of effects. However, such positive effects are not an inevitable outcome of any inclusive business initiative.

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Corporate Obligations Under the Human Right to Water

Jernej Letnar Cernic
European University Institute – Department of Law (LAW)
Denver Journal of International Law and Policy, Vol. 39, No. 2, pp. 303-345, Spring 2011

Almost a billion people do not have access to clean and safe water. Access to safe drinking water and sanitation is increasingly being considered a fundamental human right. Corporations play an important role in the realization of the right to water. For example, they can become violators of the right to water where their activities deny access to clean and safe water or where water prices increase without warning. Corporations can have a positive or negative impact on the human rights of individuals, wider communities and indigenous peoples. This paper argues that corporations bear a certain responsibility for the realization of the human right to water, which can be derived from international as well as national (constitutional) law. Corporate obligations under the human right to water can potentially be based on the right to water as set in national law and in the international human rights treaties and in corporate codes of conduct. It is asserted that this responsibility is different and separate from the responsibility of state governments and should never undermine state obligations to observe the human right to water. In short, the paper argues that corporations have an obligation to respect, protect and fulfil the right to water deriving primarily from national legal orders.

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Avoidance and Consensus Building in the Association of Southeast Asian States (ASEAN): The Path Towards a New ‘ASEAN Way’

Otto F. Von Feigenblatt
Nova Southeastern University; Journal of Alternative Perspectives in the Social Sciences; Millenia Atlantic University
Entelequia: Revista Interdisciplinar, Vol. 13, No. 1, pp. 121-138, 2011

The present study provides an assessment of the present dispute resolution system in use in the Association of Southeast Asian Nations (ASEAN). Avoidance and consensus building are identified as the two prevalent methods of dealing with conflict used by the organization and their advantages and disadvantages are explained. Based on the results of the assessment, the second part of the study presents a proposed new “ASEAN Way” which tackles the disadvantages of the old system while taking into consideration the resources, skills, and constraints of the organization. In summary the proposed dispute resolution system increases the opportunities to use interest based methods while respected core organizational principles such as confidentiality and a bias for avoiding open confrontation.

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Towards Achieving the United Nations’ Millennium Development Goals: The Imperative of Reforming Water Pollution Control and Waste Management Laws in Nigeria

Adewole Adedeji
Obafemi Awolowo University
Rhuks Temitope Ako
University of Hull – School of Law
Desalination, pp. 1-9, 2009

Nigeria is among the group of developing countries that have adopted the Millennium Development Goals (MDGs) blueprint as a veritable vehicle for poverty eradication, economic growth and sustainable development. However, the pollution of its surface water from discharges from domestic, industrial and agricultural waste degrading the quality of fresh water available to human needs and poor environmental sanitation cast serious doubt on Nigeria’s ability to meet the United Nations’ (UN) MDGs as most of the citizen still obtain water for domestic use from natural sources. This paper examines the efficacy of the legal framework that protects water from pollution. It concludes these laws are inadequate to meet the contemporary challenges of managing water that is an essential component to meet the UN’s MDG. Consequently, it suggests that further reforms are required to revise the legal framework to tackle these present challenges.

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Human Rights and Wrongs: A Critical Overview of Contemporary Human Rights Skepticism

Zachary Baron Shemtob
Central Connecticut State University

The idea of human rights has taken on an almost unassailable position in contemporary political and philosophical discourse. Yet despite their overwhelming popularity, human rights have faced a number of critiques. Skeptics attack human rights from a variety of perspectives, whether as covers for Western or capitalist imperialism to emotionally appealing but practically useless abstractions. Despite the extensive literature on human rights, however, many of these criticisms have yet to be properly addressed or analyzed. This paper constructs just such a synoptic analysis, and argues that while these critiques raise a number of insightful points, they ultimately contain only limited merit.

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Private Policing and Human Rights

David Alan Sklansky
University of California, Berkeley – School of Law
Law & Ethics of Human Rights, Vol. 5, 2011
UC Berkeley Public Law Research Paper No. 1792651

Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, “the lingua franca of global moral thought.” It is notable as well because a parallel development that seems in many ways related to the spread of private policing – the escalating importance of private military companies – has been debated as a matter of human rights. This short paper, written for a conference on private power and human rights at the Academic Center of Law & Business in Ramat Gan, Israel, asks whether discussions of private policing have been impoverished by their failure to employ the language of human rights. It begins by discussing the dramatic rise, over the past several decades, in the size and significance of private policing. It then summarizes the academic and public policy debates about that development and considers what, if anything, the language of human rights could add to those debates, and whether the addition would be welcome. One strand of the paper compares the debate over private policing with the debate over private military companies. Another strand compares private policing with private prisons, in light of the recent ruling by the Supreme Court of Israel declaring private prisons unconstitutional. The paper concludes that the benefits of introducing the language of human rights into debates about private policing are far from clear – with one exception. Human rights, particularly as codified in international treaties, do seem a promising way to get traction on a particular aspect of police privatization that has received less attention than it deserves: the way in which widespread reliance on private security firms may weaken public commitment to providing everyone with a minimally acceptable degree of protection against private violence.

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Beyond Iraq: The Future of World Order

World Scientific
World Scientific Publishing
Amitav Acharya
School of International Service, American University
Hiro Katsumata
Waseda University Institute of Asia-Pacific Studies
Series on the Iraq War and Its Consequences, Vol. 3, 2011

How does the Iraq War affect the future world order? What kinds of problems has this war brought about, and what is needed to remedy these problems, so as to reconstruct an order in Iraq and beyond? The present volume is a collection of essays exploring these issues, written by leading scholars in their respective fields. Importantly, the Iraq War has caused numerous long-term security and economic problems in Iraq (Chapter 1) and in the Middle East (Chapter 2). In addition, this war represents a failure of the Western liberals’ project of establishing a liberal market democracy, and these liberals are likely to repeat the same error elsewhere in the future (Chapter 3). Moreover, the war underlines the crisis in global governance today, but the idea of reforming the United Nations has some serious limitations (Chapter 4). With regard to the issue of terrorism, “Al-Qaeda in Iraq” has been operating in the field for some time, and thus Iraq will likely remain an important global center of terrorism in the foreseeable future (Chapter 5).

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Right to Social Justice

Somnath De
affiliation not provided to SSRN

. . . The concept of social justice is a revolutionary concept which provides meaning and significance to life and makes the rule of law dynamic. In Keshawanand Bharti Case Supreme Court held that preamble is the part of the Constitution. The Constitution inscribes Justice as the first promise of the Republic, which means that State Power will execute the pledge of Justice in favour of millions who are the Republic. I mean to say Social Justice is People’s Justice where the tyranny of power is transformed into democracy of social good. The idea of welfare state is that the claims of social justice must be treated as cardinal and paramount. Social justice is not a blind concept or a preposterous dogma. It seeks to do justice to all the citizen of the state. In the Directive Principles, however, one finds an even clearer statement of the social revolution. They aim at making the Indian masses free in the positive sense, free from the abject physical conditions that had prevented them from fulfilling their best selves…. The essence of the Directive Principles lies in Article 38. In reality, the cry for “social justice” is a call for the State to do something to fix economic and relational inequities without any regard to a universal principle of justice. By describing justice in social rather than legal terms, our attention is immediately drawn to national problems that can only be fixed by a civil government with enough power to enforce its policies. So then, advocates of “social justice” believe that the State plays the major role in rectifying so-called social problems because they are national in scope. Justice and social order had a genetic role in moulding the Indian jurisprudence and notion of justice.If the rule of law and rule of life run close together, a jurisprudence where man matter will bourgeon there. The springs of social justice will arise then – only then.

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Accountability in International Project Finance: The Equator Principles and the Creation of Third-Party-Beneficiary Status for Project-Affected Communities

Marissa Marco
affiliation not provided to SSRN
Fordham International Law Journal, Vol. 34, p. 452, 2011

The Equator Principles are a set of voluntary social and environmental guidelines that apply to the majority of private commercial banks engaged in project finance, which is a method of financing often used to create large infrastructure projects. The Equator Principles provide ten standards to which a project must comply as a condition to obtaining funding, such as requirements to perform a social and environmental assessment and to communicate adequately with project-affected communities. Even for projects that promise to abide by these standards, however, noncompliance continues as investors try to maximize profit and avoid their contractual responsibilities. This failure results in serious social and environmental impacts that leave project-affected communities devastated and often without a legal remedy. Recognition of a third-party-beneficiary right in US contract law may provide a legal remedy for project-affected communities. Recognition of such a right to enforce compliance with social and environmental standards would challenge borrowers to keep their contractual commitments under the Equator Principles. This Note discusses the viability of gleaning from the Equator Principles a third-party-beneficiary right for project-affected communities to ensure compliance with the project finance industry’s social and environmental standards.

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Review of Civil Armed Conflicts and Impacts on Education in Darfur Crisis

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

The study presented here depends on a field survey of refugees’ camps in war strived Darfur region. The data are genuine from people and children. Besides my conclusions on impacts on education, I hereby profess that what happens on the camps generate only further economic destitute and entrenching social hatred for the Sudanese nation. I review and analyze here the reasons and causes of Darfur strive with the effects of the broad civil conflicts on education and human capital in the region. Variables implied here are central on education, which are related to the fragmentation of the previously known social cohesion. The conflict spread to all parts of the region. The prominent identified conclusion is that there is an institutional and structural interregnum that resulted in disappearing tools of governance. Field data were used to present the review and conclusions. Recurrent droughts, invisible development, struggles on land use and ownership led to flaring armed conflicts. The general services of health, water and education, though meager collapsed. Previous arrangements for the education of the nomads collapsed with the armed conflicts. Regular educational facilities deteriorated. In refugees’ camps very little efforts were achieved. NGOs role in helping education with facilities, tools and funding were noticeable with less governmental efforts. The conclusions here imply that the collapse of social cohesion, continued armed conflict and expansions of refugees’ camps will only hatch more violence and conflicts.

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Debunking a Meta-Narrative: A Few Reflections on South Africa’s Truth and Reconciliation Commission One Decade after its Final Report

Melodie Slabbert
affiliation not provided to SSRN
Journal of Contemporary Roman-Dutch Law, Vol. 73, p. 24, 2010

South Africa’s truth and reconciliation process is described as one of the most ambitious the world has ever seen. Not only was the Truth and Reconciliation Commission (TRC) charged with investigating human rights abuses and granting amnesty to miscreants, but another purpose of the process was to contribute “reconciliation” in South Africa. One decade after the publication of the TRC’s final report in 1998, the time is ripe to reflect again on the objectives and fundamental premises of the TRC, particularly in view of the fact that the TRC has since then developed into an international meta-narrative of a restorative justice success story.

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Transportation: A Legal History

Paul Stephen Dempsey
McGill University – Faculty of Law
Transportational Law Journal, Vol. 30, No. 2-3, 2003

As the gateways to an increasingly global market, transportation corridors are the arteries through which evertone, and everything everyone consumes, flow. Transportation networks stimulate trillions of dollars in trade, commerce, and tourism. In a global economy, they enable specialization in the production of goods and services, which, under the law of comparative advantage, stimulates broader economic growth. By shrinking the planet, transportation also facilitates the intermingling and integration of disparate economies and cultures. Cultural interaction enhances international understanding, thereby promoting global peace, which, in a thermonuclear world is essential for survival of the human species. It offers hope for the creation of a global village of friends and neighbors rather than antagonists and adversaries. Cultural interaction also stimulates intellectual, social, and artistic creativity, making the world a more interesting and richer place in which to live.

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The Problem of Trans-National Libel

U of Miami Law Submitter
University of Miami – School of Law
Lili Levi
University of Miami – School of Law
University of Miami Legal Studies Research Paper No. 2011-11

Forum shopping in trans-national libel cases – “libel tourism” – has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the U.S. passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less protective than the First Amendment. On March 15, 2011, the British Ministry of Justice proposed a draft Defamation Act 2011 with provisions designed, inter alia, to discourage libel tourism. This Article questions the extent to which the SPEECH Act and the proposed Defamation Act 2011 will accomplish their stated aims. . . . [T]his Article proposes a two-fold approach. On the legal front, it supports the procedural focus of Britain’s proposed bill, but also calls for foreign courts to apply a governmental interest analysis to choice of law in trans-national defamation cases threatening core political speech in the United States. On the policy front, it calls for: 1) measures to improve the way in which the press does its job in order to reduce the number of trans-national libel cases; and 2) new approaches to help defend the claims when they are brought. The recommended press-improvement measures include expanded access to, and efficient use of, documents, journalistic self-criticism, and best-practices education. The defense measures explored include the development of alternative, community-based support for libel defense funds; the formation of pro bono libel review consortia; and the promotion of the availability of libel insurance by means designed to help insurers more accurately assess libel risk.

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Regulating Mandatory Arbitration

Thomas V. Burch
Florida State University College of Law
Utah Law Review, 2011

Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national policy favoring arbitration to expand the Federal Arbitration Act’s scope beyond Congress’s original intent. Choosing these loaded premises has allowed the Court to reach the outcomes it desires while denying that it is making any political or moral judgments in its decisions – a type of bureaucratic formalism. One controversial outcome of the Court’s formalism, overall, has been the increased prevalence of mandatory arbitration. Although it reduces judicial caseloads and lowers companies’ dispute-resolution costs, it also restricts or eliminates individual rights and reduces public regulation of the companies that require it. The Court has supported the spread of mandatory arbitration despite these negative effects. . . . This Article shows that both the Supreme Court’s and the reform advocates’ approaches to mandatory arbitration are flawed. It makes more sense, at least for now, to continue mandatory arbitration’s use while improving its overall fairness through legislative or agency regulation. Regulating mandatory arbitration with the goal of improving its fairness is consistent with pragmatic principles and is superior to the Supreme Court’s formalism and the reform advocates’ liberalism in the current mandatory-arbitration context. Taking this approach will allow us to study mandatory arbitration over time before deciding whether to eliminate it – a fair way to proceed given the importance of the rights at stake and the positive effects that mandatory arbitration can (possibly) have on the public good.

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Institutional Diversity in Trade Agreements and Foreign Direct Investment: Credibility, Commitment, and Economic Flows in the Developing World, 1970-2007

Tim Buthe
Duke University
Helen V. Milner
Princeton University

Research has shown that international trade agreements can help developing countries attract foreign direct investment. We ask whether differences in the design of such trade agreements can have differential effects on FDI. Can trade agreements with more credible commitments to protect investment induce more FDI than other agreements? We explore four institutional differences to examine this argument. We primarily focus on preferential trade agreements (PTAs). Here, we first examine whether those that have entered into force (and thus been ratified domestically) are more credible and therefore lead to greater FDI than PTAs that have merely been negotiated and signed. Second, a new dataset of PTAs that provides detailed information about their provisions allows us to differentiate trade agreements that have investment clauses from those that do not and PTAs that have strong investment clauses from weaker ones to analyze their differential impact on FDI. Third, the new data allow us to examine the impact of dispute settlement mechanisms in PTAs and their strength. Turning then to multilateral agreements, we also differentiate the GATT from the WTO, since the latter provides much stronger mechanisms for credible commitment, and examine whether the stricter terms of the WTO have had more of an impact on FDI flows into developing countries. We show that in all of these cases more FDI is induced when more credible commitments to investment protection are included in the trade agreement. The design of international agreements matters.

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International Review of Decisions Concerning Recognition and Enforcement of Foreign Arbitral Award: A Threat to the Sovereignty of the States or an Overestimated Hazard (so far)? (With Emphasis on the Developments within the International Investment
Arbitration Setting)

Leonila Guglya
University of Geneva – Departement of Private International Law
Czech Yearbook of International Law (CYIL), Vol. 2, pp. 93-121, 2011

The article explores the possibilities of review of the decisions of national courts pertaining to the recognition and enforcement of foreign arbitral awards by the international investment arbitration tribunals – a relatively new development, arguably limiting the sovereignty of the judiciaries of the host states further by creating a new “appellate” mechanism, verifying the “appropriateness” of their respective verdicts. The scrutiny, based on the case law analysis, demonstrates that, while overall the international dispute settlement mechanism concerned does feel certain reluctance in dealing with the reviews of the kind, in principle, taken that jurisdictional preconditions are met, it should be considered as a possible venue for the reexamination of the respective national judgments and could potentially be addressed by the parties raising expropriation, denial of justice and similar claims, arising out of the relevant context. The controversies, however, promise to present quite a challenge to the investors as far as the merits phase is concerned in light of [potential]existence of the alternative enforcement fora (arguably eliminating the expropriation claim) or the need to exhaust all available national judicial remedies (for the cases of denial of justice).
Additionally, the enforcement prospects for the international investment arbitration awards resolving the post-award phase controversies, rendered outside of the ICSID context, are so far unclear. They might risk following the fate of the awards with the successful or failing recognition and enforcement of which they are concerned.

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Conflicts of Interest in Arbitration: The News from the Russian Federation

Leonila Guglya
University of Geneva – Departement of Private International Law
Czech (& Central European) Yearbook of Arbitration, Vol. 1, pp. 107-122, 2011

Impartiality and independence of arbitrators, standing right at the forefront of the arbitration and, essentially, ensuring its legitimacy, have always attracted attentions of scholars and practitioners. A major breakthrough in terms of development of internationally recognized standards in the area took place in 2004, when the Guidelines on Conflicts of Interest in International Arbitration were published by the IBA. Nevertheless, despite the optimistic expectations of the drafters, the IBA Guidelines had not facilitated the conflicts of interest resolution practice of the courts and tribunals in the Russian Federation. In order to fill the lacuna, in late August 2010 the “Russian version” of the Guidelines – Rules on Impartiality and Independence of the Arbitrators – were adopted by the Chamber of Commerce and Industry of the Russian Federation. The present article is aimed at analyzing the reasons underlining the adoption of the Rules, their structural peculiarities, and, most importantly, at scrutinizing the content of the instrument in making an attempt to find explanations for the inclusion of certain provisions thereto, be that by virtue of reference of pre-existing precedents, regional cultural heritage or legal realities. The study proceeds on the comparative edge, contrasting the approach adopted by the Rules with that finding its reflection in the text of the IBA Guidelines.

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

Andrew Brady Spalding
Chicago-Kent College of Law
UCLA Law Review, Vol. 59, 2011

As the financial crisis draws U.S. business overseas and developing countries rise in influence, the regulation of international business has never figured so prominently in federal law. But the dominant paradigm through which academics and policymakers continue to view that law – the so-called “Washington Consensus” – proves deeply misleading. A more accurate account of the components, origins, and aims of U.S. international business law reveals two striking ironies. First, in discrete but critical ways, the U.S. no longer represents the comparatively laissez-faire approach to federal business regulation. Rather, owing to its origins in the Progressive Era, U.S. federal law directs corporations toward non-economic social goals, particularly combating corruption (e.g. the Foreign Corrupt Practices Act) and promoting human rights (e.g. the Alien Tort Statute or economic sanctions). By contrast, the alternative legal regime to which the U.S. is frequently compared – China – largely allows companies to pursue profits internationally without regard to their impact on corruption and human rights. . . . Second, the rise of an alternative model now substantially thwarts the goals of U.S. progressive regulation. Empirical research in political science and economics demonstrates that because the U.S. regime increases the costs of doing business in emerging markets, U.S. companies tend to invest less. The resulting void in capital is filled by companies from countries – particularly China – that lack prohibitions on bribery and human rights violations. . . .

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Protecting Intellectual Property under BITs, FTAs, and TRIPS: Conflicting Regimes or Mutual Coherence?

Henning Grosse Ruse-Khan
Max Planck Institute for Intellectual Property and Competition Law
EVOLUTION IN INVESTMENT TREATY LAW AND ARBITRATION, K. Miles, C. Brown, eds., Cambridge University Press, 2011
Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 11-02

. . . This paper examines policy space under TRIPS in relation to IP protection flowing from free trade agreements (FTAs) and bilateral investment treaties (BITs). Focussing on public health, the scope of IP protection under these regimes and its impact on TRIPS flexibilities is scrutinised. FTAs often contain substantive obligations on additional IP protection as well as investment chapters covering IP. How do these systems relate to another and to which extent can they undermine policy space flowing from the multilateral system to address public interests concerns? Also under BITs, IP is generally covered as protected investment. Here, standards like fair and equitable treatment, full protection and security and the prohibition of expropriation raise questions of compatibility with the multilateral IP protection regime and its exceptions. Do BITs contain any safeguards for the regulatory sovereignty of the host country to sufficiently accommodate the flexibilities WTO Members enjoy to regulate for example access to medicines? This paper aims not only to compare the substantive scope of protection for IP under TRIPS, FTAs and BITs. It further tries to develop guidance to address cases of norm conflict and how to achieve coherence between the distinct regimes of IP protection within international law.

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Toward a Unified Theory of Human Rights Obligations: Collapsing Rights Typologies into a More Usable, Enforcement-Oriented Taxonomic Schema

Tara J. Melish
State University of New York at Buffalo – Law School Faculty

The status of socioeconomic rights as fully enforceable norms has been contested for generations. International legal scholars have responded by generating a series of typologies in an effort to clarify the nature of these rights, their corresponding obligations, and the relevant standards for their legal assessment. These typologies, recognized in the U.N.’s General Comments and regularly drawn upon in the academic literature and comparative caselaw, include such distinctions as those between negative and positive rights or duties, the obligations to respect, protect and fulfill, immediacy vs. progressivity, minimum core content and the prohibition on regressivity, and directly vs. indirectly justiciable rights. Missing from the literature, however, is any analysis of how these normative classifications relate to one another, and when one versus another should be applied in a particular institutional or enforcement context. . . . This Article seeks to bring greater coherence to this messy terrain by collapsing the standard set of typologies into a more usable taxonomic schema, one that applies equally to all categories of rights. That schema introduces two additional typological distinctions – those between conduct- and result-based obligations, on the one hand, and between individual- and collective-oriented duties on the other. The key conceptual elements expressed in the standard set of rights typologies are then re-situated within the resulting framework, demonstrating how they interrelate in practical application. The Article concludes by explaining the instrumental, practical, and jurisdictional reasons why such a framework should be embraced as a general conceptual schema for understanding the dimensionality of human rights obligations and their enforcement through a wide variety of institutional implementation fora.

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The Unlawful Detention of Unauthorised Aliens Under the European System for the Protection of Human Rights

Ian Bryan
Lancaster University
Peter Langford
Edge Hill University
Nordic Journal of International Law, Vol. 80, No. 2, 2011

This article evaluates the protections against ‘arbitrary’ and ‘unlawful’ detention afforded to non-nationals on having entered the territory of a State party to the European Convention on Human Rights (ECHR). Focusing on Article 5 ECHR and the various permissible exceptions therein, the article examines leading decisions of the European Court of Human Rights (ECtHR) and, in so doing, illuminates and explores tensions arising from the juncture at which Contracting States’ capacity to detain entry-seeking non-nationals, without criminal charge or trial, intersects with the requisites of Article 5(1)(f ) ECHR, as construed by the ECtHR. It argues that the ECtHR’s interpretative standpoint regarding the ‘lawful’ administrative detention of ‘unauthorised’ non-nationals gives disproportionate preference to Contracting States’ interest in managing migration flows. It also argues that in consequence States’ obligations in international human rights law, the strictures of Article 5 ECHR and the credibility of the Strasbourg Court itself are enfeebled.

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Accountable Altruism: The Impact of the Federal Material Support Statute on Humanitarian Aid

Peter Margulies
Roger Williams University School of Law
Roger Williams Univ. Legal Studies Paper No. 104

Humanitarian groups face a dilemma after the Supreme Court’s decision in Humanitarian Law Project v. Holder (HLP) upholding Congress’s prohibition on “material support” to designated foreign terrorist organizations (DFTOs). Prohibited material support could include mainstays of humanitarian aid: tangible assistance such as food and building materials that a DFTO diverts from intended recipients, as well as advice on conflict resolution that aid groups provide to further peaceful outcomes. Aid groups complying with the statute’s restrictions might appear to be taking sides, thus violating the principle of neutrality. Aid officials that ignore the statute expose their group to criminal prosecution.
This Articles argues that aid groups and the United States government can agree on a regime of tailored accountability that avoids these stark scenarios. To buy into this regime, aid groups would have to recognize the merit of the HLP Court’s finding that DFTOs exploit humanitarian aid and advice. The Court’s warning dovetails with an internal critique of humanitarian activities during the Rwandan genocide, when fighters converted humanitarian aid into logistical support. Aid groups knew this, but competition for media attention and donor dollars sparked a race to the bottom. In a regime of tailored accountability, the government would also have to recognize that humanitarian aid alleviates suffering and enhances the United States’ soft power. Reconciling these interests, a tailored accountability regime provides a safe harbor for aid groups that engage in vigilant self-regulation, and also expands the waiver provisions of the material support statute to include food, lodging, and other forms of tangible assistance. This tailored regime would reduce the agency costs and collective action problems that plague humanitarian aid, and preserve the neutrality and efficacy of aid under international law.

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‘Rights and Obligations’ in WTO Law

Chios C. Carmody
University of Western Ontario – Faculty of Law

The phrase “rights and obligations” recurs frequently in WTO law and suggests a fundamental dualism about WTO legal relations. Each WTO obligation is thought to be matched by a single, corresponding right. However, a close look at WTO law reveals that the phrase is, at best, a portmanteau term for a diversity of legal relations involving both rights and obligations, but also privileges and “no rights”, powers and liabilities, immunities and disabilities. This working paper seeks to illuminate the rich array of legal relationships under WTO law and to identify some issues arising from their recognition in WTO decision-making.

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The Duty to Settle in WTO Dispute Settlement

Chios C. Carmody
University of Western Ontario – Faculty of Law
Asian Journal of WTO & International Health Law and Policy, Vol. 6, p. 169, 2011

WTO disputes form an important part of the way we think about WTO law today. Nevertheless, given the fact that virtually all of the disputes must, at some point or other, settle, this article argues that an important – and perhaps even preeminent – aspect of WTO law is the law of settlement. There is an actual duty on parties in WTO law to resolve the cases they are involved in. This is not a “hard” obligation in the sense of having to achieve a specific result, but rather one of a softer, process-oriented variety. This article examines the law of negotiation and settlement in domestic labour law and Aboriginal law as a prelude to examining the extent of this duty as developed in U.S. – Shrimp and U.S. – Continued Suspension.

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Imaginary Risk, Public Health Regulation, and WTO Trade Dispute: A Rational Choice
Perspective

Jinyul Ju
Pusan National University
Asian Journal of Law and Economics, Vol. 1, No. 1, 2010

In this essay I seek answers to the following questions: why is it so difficult to resolve international trade disputes caused by domestic health risk regulation against a foreign food; why does the WTO legal system not work very well in solving the disputes; and what might be done to resolve the disputes properly. I argue that it is irrational public fear which gave rise to decades-long, complex, and serious trade disputes. If the public are free from irrational fear, then there might be no pressure to impose an import ban and, consequently, no trade dispute and no non-compliance. Therefore an ultimate solution to trade conflict due to irrational fear should be sought in addressing imaginary risk directly. I suggest that the disputing parties provide consumers with information about their own welfare loss caused by the misguided import ban so that the public can make a rational decision on the imaginary risk problem.

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Getting Democratic Legitimacy for the Korea-U.S. Free Trade Agreement

Jinyul Ju
Pusan National University
Korean Journal of International Economic Law, Vol. 7, No. 1, pp. 139-159, May 2009

Since Korea and the United State (U.S.) announced the launch of free trade agreement (FTA) negotiations in 2006, non-govern mental organizations (NGOs) in Korea has furiously opposed the Korea-U.S. FTA (KORUS). While the Korean government says that KORUS would be a positive factor for the Korean economy in the 21st century, NGOs rigorously insist that the FTA would destroy Korean people’s lives in all areas. Although the Korean government believes that KORUS has no problem because it has strong economic legitimacy, a survey shows that almost 36% Korean people are opposed to the congressional ratification of KORUS. Nationwide anti-KORUS movement (including violent protests, for instance, attack and burning seven government buildings) in Korea well show that economic legitimacy can not guarantee democratic legitimacy for KORUS that is essential for the congressional ratification of it. In this article I argue that the congressional ratification of the Korea-United States (KORUS) FTA without occurring serious social conflicts needs three legitimacies: constitutional legitimacy; economic legitimacy; and democratic legitimacy. It should be note that even if NGOs’ arguments against KORUS are unreasonable, they could get wide support from the public. The Korean government should recognize that a traditional authoritative attitude just stir up furious anti-government movement and make the situation worse. For the congressional ratification of KORUS without serious social conflict, the Korean government needs to get more democratic legitimacy through talking and persuasion with NOGs.

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Efficient Contracting between Foreign Investors and Host States: Evidence from Stabilization Clauses

Sam Halabi
University of Tulsa – College of Law
Northwestern Journal of International Law & Business, Vol. 31, p. 261, 2011

Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these “credible commitments,” investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This Article applies transaction cost economic theory to the most comprehensive empirical study of stabilization clauses (provisions intended to manage post-investment changes in domestic law) recently conducted under the auspices of the World Bank’s International Finance Corporation. The analysis shows that investors and states demonstrate principles of efficient contracting even without the protections of bilateral investment treaties (BIT). This finding adds to current research focusing on the “credible commitment” story. The Article concludes that (1) BITs can be explained as instruments developed and developing states use in their competition for markets and capital and (2) differences in the reasons states execute BITs raise significant doubts about conclusions drawn based on aggregate phenomena.

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Interfacing the Temporary Movement of Workers in ‘Mode 4 of GATS’ with Bilateral Migration Agreements

Marion Panizzon
University of Bern Law School — World Trade Institute
NCCR Working Paper No 2011/07
American Society of International Law (ASIL) Proceedings, Vol. 104, 2010

During the last decade, bilateral migration agreements have seen a renaissance as instruments for managing labor migration. This contribution discusses their rise in the context of post-9/11 immigration law reforms in many migrant destination countries in Europe. It considers to what extent these bilateral agreements correct the multilateral liberalization of the temporary movement of persons in the so-called “mode 4” of the WTO General Agreement on Trade in Services (GATS) and its high-skill bias. We observe a fragmentation of international migration law into different types of agreements dealing with migration. Underlying this fragmentation is the desire to maintain the flexibility to choose a type of agreement depending on whether the movement of persons shall be fast-tracked and facilitated or restricted and contained. This selectivity, however, may exacerbate an unjustified discrimination between migrant worker categories in terms of nationality-, skill- or age levels. When drawing conclusions for the development of an international law of economic migration, it may be advisable to identify legal principles, which may reduce the discriminatory effects such selectivity may have. Human rights guarantees and the most-favored nation clause of the WTO/GATS are advanced as such catalysts for building coherence among migration-related agreements.

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Before the Abyss: Reshaping International Humanitarian Law to Suit the Ends of Power

Eitan Diamond
International Committee of the Red Cross (ICRC)
Israel Law Review, Vol. 43, pp. 414-456, 2010

In the increasingly legalized landscape in which armed conflicts are now waged, international humanitarian law (IHL) has become an integral and ever more central part of military strategy. States can and do use it to gain advantage over their adversaries, but must also contend with challenges that arise when it is wielded against them. In their efforts to respond to these challenges official and unofficial advocates of State powers have advanced modes of argumentation which question the fundamental structure of IHL. This article takes issue with one such argument that mobilizes the theologico-political principle of the “lesser-evil” to conclude that acts which are absolutely prohibited under IHL should nevertheless be deemed legally permissible when their foreseen consequences are less harmful than lawful alternatives. The article demonstrates that this argument threatens to blur IHL’s sharp boundaries and expand its zone’s of elasticity thereby undermining its structural principles. More specifically, the article maintains that the argument in question rests on exaggerated faith in the judgment of belligerent parties, that it fails on its own utilitarian logic and that it ignores deontological reasoning fundamental to IHL. The article contends that accepting this argument would severely compromise IHL’s capacity to limit violence and preserve human dignity and therefore advocates that it be rejected.

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Why Does the Complainant Always Win at the WTO?: A Reputation-Based Theory of Litigation at the World Trade Organization

Matthew C. Turk
New York University (NYU)

Northwestern Journal of International Law & Business, Forthcoming

WTO litigation presents an empirical puzzle: complaining parties “win” close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO’s lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party’s reputation for compliance with its trade obligations. Such a “reputational sanction” applies to both losing respondents and complainants. The result is that only cases with a very high probability of success on the merits have a positive expected value and will be filed. Several, inter-related implications follow: (1) primarily “easy cases” that are clear on the merits are filed at the WTO; (2) because only easy cases are filed, the voluminous opinions of the Appellate Body represent a dysfunctional tendency towards unwarranted law-creation; (3) discussions of “WTO constitutionalism” are largely misguided; and (4) the resource/legal capacity of developing countries is not the biggest constraint on their ability to file cases.

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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. . . . 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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Indigenous Peoples as International Lawmakers

Lillian Aponte Miranda
Florida International University (FIU)
University of Pennsylvania Journal of International Law, Vol. 32, No. 1, p. 203, 2010
Florida International University Legal Studies Research Paper No. 11-09

Through a transnational social movement that has capitalized upon the politics of difference, local communities of indigenous peoples have significantly participated in the construction of a distinctive international legal identity and derivative framework of human rights. The ability of a traditionally marginalized community to succeed in strategically facilitating the recognition of an international legal identity and substantive reconstitution of human rights precepts is a unique phenomenon that merits attention. To that end, this Article addresses the role of indigenous peoples in international human rights lawmaking. It argues that indigenous peoples have played a significant role in changing the legal landscape of human rights in ways that are not necessarily captured by mainstream accounts of non-state actor participation in international norm-building and decision-making. It further proposes, however, that the participation of indigenous peoples in international human rights lawmaking continues to operate within certain discursive and structural limitations. While indigenous peoples’ participation may serve to lend greater legitimacy to international human rights law and lawmaking processes, such participation may not effectively deliver material gains. As a result, continued advocacy on behalf of indigenous peoples must acknowledge and respond to these challenges.

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The Fragmentation of International Trade Law: Is Now the Time for Variable Geometry?

Rafael Leal-Arcas
Queen Mary University of London – School of Law
The Journal of World Investment and Trade, Vol. 12, No. 2, pp. 132-183, 2011

This article deals with international trade law at various levels of governance. Multilateralism has dominated international relations in the various fields of international economic law such as international trade law and international monetary law after World War II – thereby giving birth to the General Agreement on Tariffs and Trade (GATT)/Word Trade Organization (WTO) and to the International Monetary Fund, respectively. At first, international trade agreements were bilateral. Then came the GATT 1947, which multilateralized bilateral trade agreements. Years later, international trade law saw the collapse of multilateralism in 1979, which broke down during the Tokyo Round of multilateral trade negotiations. A series of new plurilateral (or selectively multilateral) agreements were adopted during the Tokyo Round, which caused a fragmentation of the multilateral trading system. In 1994, international trade law was again multilateralized with the WTO Agreement. This article suggests variable geometry (that is, the idea that only a few WTO Members will benefit from plurilateral agreements on several topics on the agenda) and sectoral agreements as the way forward to unblock the multilateral trading system. The variable-geometry approach has the advantage of removing the current frustration at the WTO negotiating table – and sometimes violent protests organized by civil society – with its slow negotiating pace.

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International Investment Law: Is it Time to Change the Traditional BIT System?

Oleksiy Kononov
affiliation not provided to SSRN
CZECH YEARBOOK OF INTERNATIONAL LAW – RIGHTS OF HOST STATES WITHIN THE SYSTEM OF INTERNATIONAL INVESTMENT PROTECTION, p. 123, Alexander Bělohlávek and Naděžda Rozehnalova, eds., Juris Publishing, March 2011

This paper argues that the current international investment regime predominantly based on bilateral investment treaties (BITs) is exhausting its capacity as an efficient tool for regulating international investment. The increasing number of international investment agreements (IIAs) further perpetuates and accentuates the defragmented international investment regulation. Moreover, the existing regime can hardly accommodate the needs of developed states concerned with increasing investments from former capital-importing economies (e.g., BRIC countries) and sovereign wealth funds. Based on historical experience, it remains unlikely that a new multilateral investment treaty initiative will be successful in near future. However, the international community may deepen regional co-operation and foster conclusion of regional investment treaties better designed for current challenges. It might become a provisional measure which would facilitate negotiation of a MAI remaining on the international agenda.

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The Third Internal Energy Market Package: New Power Relations Among Member States, EU Institutions and Non-State Actors?

Per Ove Eikeland
affiliation not provided to SSRN
JCMS: Journal of Common Market Studies, Vol. 49, Issue 2, pp. 243-263, 2011

The article analyses the September 2007 European Commission proposal for a third internal energy policy package, agreed by the European Union in spring 2009. Compared to legislation from 2003, the proposal reflects greater will on the part of the Commission to pressure unwilling Member State governments, and shifts in Commission leverage vis–vis Member States as well as a shift in policy networks with clout in EU policy-making. This shift in Commission leverage would indicate stronger supranational governance in EU energy matters in the future.

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The European Convention on Human Rights and Fundamental Freedoms in Azerbaijan

Javid Gadirov
Central European University
THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN CENTRAL AND EASTERN EUROPE, Leonard Hammer, Frank Emmert, eds., Eleven International Publishing, Utrecht, The Netherlands 2011

This paper reviews the legal status and implementation of the European Convention on Human Rights and Fundamental Freedoms in the Republic of Azerbaijan. It touches upon such issues as its treatment by the Constitutional Court, constitutional reforms and reactions of the national legal system to the Convention, including some of the most important cases at Strasbourg.

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Globalisation and Natural Resources Law: Challenges, Key Issues and Perspectives

Elena Blanco
University of the West of England (UWE) – Bristol Law School
Jona Razzaque
University of the West of England (UWE)
GLOBALISATION AND NATURAL RESOURCES LAW: CHALLENGES, KEY ISSUES AND PERSPECTIVE, Edward Elgar, 2011

Bringing together examples from developed and developing countries, this book provides a comparative examination of the current transformations in the natural resource regimes and the challenges for the communities directly dependent on natural resources. This book analyses the legal frameworks and provides a more balanced understanding of the relationship between globalisation and natural resource management. Questioning how globalisation has influenced natural resource regimes, the book focuses on specific natural resources such as water, renewable energy, biological resources, and argues that globalisation can play a positive role if due consideration given to the complex interrelations between society, the environment and trade. This book will be valuable to academics, legal practitioners interested in the relationship between globalisation and sustainable resource management and activists in environmental law, in indigenous rights, and community-based resource management.

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Choice of Law & Foreign Currency Debts

Yehya Badr
Alexandria University

Choice of law in foreign currency debts is an area of law where several contradicting choice of law rules exist at the same time which made the law on how should the Court treat the choice of law issue in foreign currency debts unclear. This article aims at explaining the reasons behind the seemingly unclear nature of the choice of law on foreign currency debts and suggests a more predictable basis for resolving the choice of law issue. In part one I will survey the choice of law on foreign currency debts in four different jurisdictions, the U.S., England, France and Egypt. In part one I demonstrate that the Courts in the surveyed jurisdictions tend to deal with foreign as a set of legal issues that requires the use of several choice of law rules and doctrines, simultaneously, to determine the law applicable to foreign currency debts. In part two, I evaluate the Courts’ use of the choice of law rules and doctrines from the choice of law perspective. In part three I will suggest a more acceptable choice of law approach to foreign currency debts that is based on enforce the parties’ agreement by using the party autonomy as a basic choice of law rule.

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Recognition of the State War Power: The Forgotten Constitutional Clause

Heather Dwyer
University of La Verne College of Law

This article argues for the existence of a State War Power; a power both antecedent to, and affirmatively acknowledged in, the Constitution. This power permits a state to engage in war if invaded by a hostile force, independent of any federal action. Where a state government and the federal government are at odds, this paper argues that reasonable actions a state takes pursuant to the State War Power can withstand a supremacy challenge by the federal government because the State War Power is a constitutionally enshrined power and provisions of the Constitution must be construed so that the Constitution is not self-destructive. This article proposes that the State War Power is essential to the preservation of federalism. It ensures a vital aspect of the constitutional republic, state sovereignty, and allows states to compensate for the failure of the federal government to protect against invasion as required by the Guarantee Clause. Although, there has been little necessity for states to invoke the State War Power because the federal government has historically fulfilled its obligation under the Guarantee Clause, this paper uses the border states, Arizona in particular, as an example of an appropriate application of the State War Power: defense against invasion by Drug Trafficking Organizations.

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Torture by Private Actors: Introducing a Legal Discourse in India

Vahida Nainar
affiliation not provided to SSRN

Torture is widely prevalent in India and routinely practiced by the state enforcement institutions. Despite its extensive practice, torture does not expressly find a mention in the Indian Constitution or in the Indian Penal Code (IPC). Civil liberties and human rights groups have documented details of the practice of torture in India, the success in securing accountability for torture or lack thereof and the need for a law on torture. In May 2010, the lower house of the Parliament passed The Prevention of Torture Bill, 2010 (PTB) and is pending passing in the upper house of the Parliament before becoming a law. While supporting the overall demand for a law on torture, the present article compares the PTB’s definition of torture to the ones in United Nations Convention Against Torture, the International Criminal Court (ICC) Statute and those in the jurisprudence of the international ad-hoc tribunals and highlights the shortcomings. The paper argues for a conceptual extension of the definition of torture to include torture by private actors. The arguments emphasize the need and the value of appropriately characterizing tortuous criminal acts by private actors as torture and provide a legal basis for such an extension.

……

Water Rights in the West Bank and in Gaza

Birgit Schlütter
affiliation not provided to SSRN

Leiden Journal of International Law, Vol. 18, pp. 621-644, 2005

With the launch of the UN International Decade for Water on 22 March 2005, awareness is raised in the international community of the growing demand and scarcity of water for people throughout the world. Water is a particularly scarce resource in both Israel and the Palestinian Territories. The use of the water resources of the West Bank and Gaza has been part and parcel of the Israeli-Palestinian peace negotiations. With the beginning of new peace negotiations under Palestinian President Mahmud Abbas, the topic of water and its allocation to Palestinians and Israelis is back on the negotiation table. The present article will point to the water crisis in Israel and the Palestinian Territories and analyse core provisions of international law which govern the use of water resources. Finally, it will outline how an allocation of water rights according to principles of international law could take place.

……

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

John Yoo
University of California at Berkeley School of Law
Cornell Law Review, Vol. 97, No. 1, 2011
UC Berkeley Public Law Research Paper No. 1783750

This paper examines the continuing difference between the Constitution’s Article II treaty, and the congressional-executive agreement’s statutory process, to make international agreements. Rather than approach the problem from a textual or historical perspective, it employs a rational choice model of dispute resolution between nation-states in conditions of weak to little enforcement by supranational institutions. It argues that the choice of a treaty or congressional-executive agreement can make an important difference in overcoming various difficulties in bargaining that arise from imperfect information and commitment problems.

……

Forging Peaceful Relationships between Oil-Companies and Host-Communities in Nigeria’s Delta Region: A Stakeholder’s Perspective to Corporate Social Responsibility

Rhuks Temitope Ako
University of Hull – School of Law
Lawrence Ogechukwu Obokoh
affiliation not provided to SSRN
Patrick Okonmah
affiliation not provided to SSRN
Journal of Enterprising Communities: People and Places in the Global Economy, Vol. 3, No. 2, pp. 205-216, 2009

Purpose – The purpose of this paper is to determine the level of corporate social responsibility (CSR) that is expected of oil-multinationals by the host-communities in which they operate in Nigeria’s oil-rich Delta region. It also suggests how the aggressive opposition of the host-community to the oil exploration activities of oil companies may be curbed.
Design/methodology/approach – The method is purely review of extant literatures and deductive arguments that will give insights to how conflict situations arising from denial of rights can be resolved through CSR and stakeholder’s perspective. Findings – The paper concludes that the major determinant of success of most companies in the world rest in the performance of their CSR to the host-community, stakeholders and the society in general.

……

The Myth of Public Participation in a World of Poverty

Svitlana Kravchenko
University of Oregon
Tulane Environmental Law Journal, Vol. 32, No. 1, 2009

This Article addresses the public participation dimension of poverty – the lack of participation by the poor in decisions that affect their lives, health, and environment – and considers possibilities for increasing participation by the poor. Public participation means access to information about decisions to be made, opportunity to express opinions in oral or written comments, and the ability to have these opinions taken into account in final decisions. Procedural rights and environmental democracy are necessary preconditions and important tools for environmental protection and poverty alleviation. The author explores the benefits of public participation in environmental decision making for the eradication of poverty. This includes World Bank policies on eradication of poverty, good governance, and consultations with affected communities. The author analyzes the problems of unfair development and inadequate public participation for the poor. Failure to consult local communities and take into account public opinion results in a negative impact on the environment and poor people. Finally, the author proposes solutions for these problems.

……

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.

……

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.

……

Diplomatic Protection of Northern Irish Residents by the Republic of Ireland in Reliance Upon the Irish Nationality and Citizenship Act, 1956

Aonghus Heatley
affiliation not provided to SSRN
Irish Yearbook of International Law, Vol. 3, 2008 (2011)

This paper considers the compatibility of Irish nationality law with public international law. More specifically, it examines whether the Republic of Ireland could exercise diplomatic protection over residents of Northern Ireland, many of whom have been vested with Irish nationality under the Republic of Ireland’s law. In terms of this paper’s general applicability, it considers whether the bare possession of nationality is always capable of satisfying the nationality of claims prerequisite in diplomatic protection actions by a state on behalf of its nationals and examines whether international law prescribes limits or has other consequences with regard to a state’s ability to legislate in the field of nationality.

……

All Policies are Glocal: International Policymaking with Strategic Subnational Policymakers

Michael M. Bechtel
ETH Zurich
Johannes Urpelainen
Columbia University

Practitioners and scholars emphasize that addressing global challenges requires international cooperation. Many national governments have intensified their attempts to create and strengthen international institutions that aim at providing public goods, e.g., in the field of environmental policy. At the same time, however, subnational policymakers have begun to duplicate international efforts by setting their own environmental policies without awaiting global environmental regulation. This “glocalization” of policy creates a patchwork system of regulations that increase the cost of economic exchange. We study this phenomenon by analyzing the interaction between subnational and national governments within a general model of international treaty negotiations. The model enables us to explore the role of preference heterogeneity, the number of subnational policymakers, and concerns about international treaty outcomes. Our results demonstrate how the shadow of international institutions gives rise to multi-level and cross-country policy balancing dynamics and specifies the conditions under which they occur. The glocalization of environmental policy, and potentially also other policies, e.g., labor rights, intellectual property, or capital taxation, can then be understood as an attempt by subnational policymakers to strategically constrain or empower national governments in international negotiations.

……

Towards a Convention for the International Sale of Real Property: Challenges, Commonalities, and Possibilities

Christopher K. Odinet
Phelps Dunbar, LLP
Quinnipiac Law Review, Vol. 28, 2011
In a world that is increasingly global in scope, society has come to view the ever-growing body of international commercial laws as being exceptionally important. This is evidenced through the adoption of several high profile pieces of legislation over the past several decades: International Interest in Mobile Equipment – Study LXXI, the EU’s Draft Common Frame of Reference, the EU Directives on Consumer Protection, and, most noteworthy of all, the Convention for the International Sale of Goods (CISG). . . . The time has come for a rethinking of the way society views real property. This involves a questioning of the current legal patchwork governing real estate transactions that an international buyer must navigate in order to consummate the sale. In so doing, jurisdictions should take the next step on the road toward an ever-more vibrant global economy: the creation and global adoption of a framework for the international sale of real property.  This article begins a discussion of whether a convention for the international sale of real property, akin to the highly successful and somewhat similar CISG, could realistically be developed and, in doing so, hopes that future scholars and policy-makers will continue to explore the possibility of such a system. This is accomplished by reviewing three common features of all real property contracts – contract formalities, warranties of title, and security financing – and discusses their importance to an international investor. It further examines how three different countries currently which are highly engaged in international business and investment – the U.S., China, and France – view contract formation requirements, warranties, and security financing, and determines, based on general comparisons, whether a convention for the international sale of real property could be developed for each basic real property contract provision. Finally, this Article concludes by arguing the many existing shared contract principles in each of the subject countries makes an international framework, at least with regards to these particular provisions, very promising.

……

‘Italian Hours’: The Globalization of Cultural Property Law

Lorenzo Casini
University of Rome I
NYU Jean Monnet Working Paper Series

Cultural property offers a significant yet ambiguous example of the development of global regulatory regimes beyond the State. On the one hand, traditional international law instruments do not seem to ensure an adequate level of protection for cultural heritage; securing such protection requires procedures, norms and standards produced by global institutions, both public (such as UNESCO) and private (such as the International Council of Museums (ICOM)). The globalization of cultural property compels international governmental organizations, States and even private institutions to adopt ad hoc legal tools, such as agreements, codes, or best practices. On the other hand, a comprehensive global regulatory regime to complement the law of cultural property is still to be achieved. Instead, more regimes are being established, depending on the kind of properties and on the public interest at stake, although the complex of cultural property regimes appears to operate largely in isolation. Moreover, the huge cultural bias which dominates the debate about cultural property can accentuate the “clash of civilizations” and the cultural bias that already underlie the debate about global governance. The analysis of the relationship between globalization and cultural property allows us to shed light on broader global governance trends affecting areas such as the role of States in global regimes, the development of public-private partnerships, and the proliferation of global norms and procedures. Cultural property, however, keeps its specificity and peculiarities, and this helps highlight the points of weakness and of strength in the adoption of administrative law techniques at the global level.

……

The NAFTA Labour Co-Ordination Regime: Lessons for Future Harmonisation of Labour Standards in the SADC

Omphemetse Stephen Sibanda Sr.
University of South Africa

Journal of Contemporary Roman-Dutch Law, Vol. 73, p. 93, 2010
In this article the author examines the possibilities for the harmonisation of labour standards in the Southern African Development Cooperation (SADC), following the approach similar to that established by the North American Free Trade Agreement (NAFTA) in 1993 through the North American Agreement on Labor Cooperation (NAALC). The paper is organised as follows: Part 2 briefly outlines what may be seen as the foundational basis for harmonisation in the SADC region. Part 3 provides a background of NAALC, including its institutional structures and processes. Part 4 outlines the lessons that may be learnt from NAFTA, particularly looking at the strengths and weaknesses of the NAALC system. This article is concluded in Part 5 with summaries and recommendations.

……

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.

……

Reforming the World Health Organization

Devi Sridhar
University of Oxford
Lawrence O. Gostin
Georgetown University Law Center – O’Neill Institute for National and Global Health Law
JAMA, March 29, 2011
Georgetown Public Law Research Paper No. 11-34

Director-General Margaret Chan recently called the WHO overextended and unable to respond with speed and agility to today’s global health challenges. Given the importance of global health cooperation, few would dispute that a stronger, more effective WHO would benefit all. In this commentary, we offer 5 proposals for re-establishing WHO’s leadership. . . .

……

Arms Makers and the Limits of Responsibility: Practical Considerations for Institutional Investors

N.A.J. Taylor
University of Queensland; Taylor McKellar

This paper argues that certain industries like armaments manufacturing render an application of corporate social responsibility paradoxical. That is, for arms makers, the concept of responsibility (or sustainability) has its limits, and institutional investors who make such assessments daily must navigate one of the most widely-held investment beliefs: that to exclude a firm or sector from the investible universe results in sub-optimal performance outcomes. Indeed, even so called “responsible investors” advocate only factoring in the environmental, social and corporate governance (ESG) performance of assets where it has a demonstrable and material (significant) impact on investment performance. Thus I reason that neither the mainstream nor responsible investment approach accounts for those instances where negative externalities are an intrinsic feature of business, or where social norms are fast emerging. Certain forms of economic activity such as the making of weapons necessitate institutional investors do not treat engagement and exclusionary policies towards specific stocks as mutually exclusive.

……

Search and Rescue Operations in the Mediterranean: Factor of Cooperation or Conflict?

Seline Trevisanut
University of Cagliari– Department of Public Law and Social Studies; Columbia Law School
The International Journal of Marine and Coastal Law, Vol. 25, pp. 523-542, 2010

This article analyses the practice of Mediterranean States with regard to search and rescue (SAR) operations that has repeatedly given rise to much dispute. Its particular focus is on the existing disagreements concerning the interpretation and implementation of international obligations. Mediterranean States diverge on the modalities for managing SAR zones, and on the obligations of the state in whose SAR zone the rescue operation took place. The article also examines the existing attempts at cooperation and coordination among Mediterranean States and the systems of exchange of information and means created by the European Union (EU). The impact of SAR zones and activities on the relations between Mediterranean States are considered in the light of the analysis of state practice. It finds that SAR operations can be both an opportunity for cooperation as well as a source of conflict.

……

Cross-Border Litigation and ADR Mechanisms in Disputes Concerning Mobile Computing in the EU

Andrej Savin
Copenhagen Business School, Law Department
International Journal of Private Law, Vol. 4, No. 2, 2011

The aim of this paper is to discuss briefly how the EU rules on jurisdiction, choice of law and alternative dispute resolution in civil and commercial matters operate in the context of mobile computing. The article first looks at rules on jurisdiction in commercial disputes, both between businesses and between businesses and consumers. It then discusses the choice-of-law issues applicable to mobile computing. Finally, there is an examination of alternative dispute resolution as an alternative to regular courts in transactions involving mobile computing.

……

Acceptance of Human Rights and Constitutional Values in Reviews of Arbitral Awards by the Courts of the Slovak Republic

Miroslav Slastan
affiliation not provided to SSRN
CYARB – CZECH (& CENTRAL EUROPEAN) YEARBOOK OF ARBITRATION – THE RELATIONSHIP BETWEEN CONSTITUTIONAL VALUES, HUMAN RIGHTS, AND ARBITRATION, Juris Publishing, Inc., 2011

This paper examines the development and current state of laws defining Slovak arbitration in the context of the review of arbitral awards permitted under the law. This paper summarizes in particular the case law of the Constitutional Court of the Slovak Republic, which has re-assessed the extent of the constitutional control and abidance of the human rights as applied in the civil proceedings and extended such control also to the arbitral proceedings. It is therefore possible to identify the approach applied to arbitration by the Constitutional Court in conforming to the principle of fair trial and due process of law, provided that the notion of subsidiarity is observed. Subsidiarity is also explained in this document in the context of the particular structure of the Slovak judiciary system and procedural regulations relating to the review of arbitral awards. In its concluding section, the paper recalls recent changes in the arbitral proceedings and the conditions for the review of the arbitral awards with respect to the case law of the European Court of Justice.

……

War Disaster Management Operation in Southern Philippines: The Experience of Pikit, Aleosan, Midsayap, and Pigcawayan, North Cotabato

Radzak Abag Sam
Universiti Sains Malaysia

Both Government Agencies and Civil Society Organizations which have carried out the War Disaster Management Operation in the municipalities of Pikit, Aleosan, Midsayap, and Pigkawayan, North Cotabato, Southern Philippines have extended food and non food relief assistance for the Internally Displaced Persons in these areas. Core-Shelters assistance were also provided for IDPs whose houses were totally damaged during the war while financial assistance for those whose houses were partially damaged. Clustering approach, coordination and sharing of information with other humanitarian actors, and designation of field workers were the common strategies used by both Government Agencies and Civil Society Organizations for the social preparations of IDPs for relief assistance. However, Civil Society Organizations that have no funding support went for house to house, school to school, and solicitations through Masjid in the pursuit of extending assistance for the IDPs. While the readiness and prepared of IDPs for pre-disaster was low due to the slow mobilization, and inadequacy of goods and services extended by both Government Agencies and Civil Society Organizations, substantial improvements were made during the disaster period. Furthermore, after the disaster, the IDPs were provided goods and services for rehabilitation, while recovering from the effects of war.

……

UNRWA and Its Needs

Jalal Al Husseini
affiliation not provided to SSRN
Birzeit University Working Paper No. 2011/4 (ENG)

This paper analyzes UNRWA critically, particularly the various implications of its mandate, as well as its operations. The core emphasis, as the title implies, is on the urgent needs of UNRWA, which mainly revolve around the lack of appropriate support of its agenda and operational priorities, partly reflected in failing financial support and the scarcity of enhanced partnerships.

……

Philosopher Kings? The Adjudication of Conflicting Human Rights as Social Values

George C. Christie
Duke University – School of Law
Oxford University Press, 2011

This book is largely concerned with the adjudication of conflicts between freedom of expression and privacy and other social values such as secularism, etc. It looks at the subject from a comparative perspective, comparing the U.S. approach to that taken in Europe including the U.K. The problem is particularly difficult in Europe because the human rights with which I am interested are expressly declared to be defeasible for important social reasons, such as secularism; and in addition the rights of freedom of expression and privacy have been held to be of equal value The book examines whether it is possible to establish the law governing these difficult issues by a regime of case-by-case adjudication, each decided on the basis of ad hoc balancing, or whether in fact, if not expressly, either privacy or expression becomes the preferred value. If the latter is the case, we shall have to choose, and I discuss why expression should be the preferred value.

……

International Criminal Law and the Ghost of Politics

Itamar Mann
Yale University – Law School
Interdisciplinary Journal of Human Rights Law, Vol. 5, No. 1, 2011

This film review of Roman Polanski’s Ghost Writer argues that in the post 9/11 world, international criminal law has become a silent political battlefield between the United States and Europe.

……

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?

……

The Limits of Liability in Promoting Safe Geologic Sequestration of CO2

David E. Adelman
University of Texas School of Law; University of Texas – School of Law, The Center for Global Energy, International Arbitration, and Environmental Law
Ian J. Duncan
Bureau of Economic Geology, Jackson School of Geosciences, The University of Texas at Austin

Deployment of new technologies is vital to climate change policy but invariably poses difficult tradeoffs. Carbon capture and storage (CCS), which involves the capture and permanent burial of CO2 emissions, exemplifies this truth. CCS lacks the green appeal of renewable sources of power, and disbelief is an all too common response of laypeople when told that billions of tons of CO2 can be stored underground for centuries. Yet its low (relative) cost and enormous capacity to mitigate CO2 emissions have attracted a broad range of prominent stakeholders, who assert that avoiding climate change will be impossible without CCS. The legal debate over CCS mirrors these fault lines. The issues of greatest concern have centered on the risks of CO2 leakage and the merits of long-term liability. These fears reflect misapprehensions about the nature of the risks involved and a neglect of operational factors that simplify application of tort liability. Put in perspective, we show that the risks are remarkably small given the huge volumes of CO2 involved. We conclude that common law liability is likely to play a modest role in promoting safe geologic sequestration of CO2. The combination of risks with different temporal profiles will limit the deterrence value of liability, and long-term liability in particular will have only a nominal effect. The Article closes by proposing a hybrid legal framework that combines a traditional regulatory regime with a novel two-tiered system of liability that is calibrated to objective site characteristics.

……

A False Dawn or a New Era? A Critical Analysis of the Possible Importance and Effectiveness of the African Development Bank (AfDB) African Legal Support Facility (ALSF)

Enga Kameni
Harvard Law School

On June 2009, the African Development Bank (AfDB) launched a new facility called the African Legal Support Facility (ALSF). The introduction of this facility was a sharp response to vulture funds, to which most African countries had come to bear the brunt of their consequences in recent years. . . . The objectives of this article are four folds. First, it will discuss the nature of vulture funds either when they operate as private equities or as hedge funds. This will provide background knowledge on what they are. Secondly, the paper will examine the Facility i.e. its creation, composition and raison d’etre. Thirdly and most importantly, the paper will critically examine four inter-linked issues to determine the suitability and utility of this Facility, especially in the present circumstance in which the African Development Bank operates. In discussing these problems, references to the strengths and weaknesses of the operationalization of past programs or Facilities of AfDB would be made. This will be to determine whether this facility is either just one of those projects whose advent elicited so much hype, but fail to stand the test of time especially during implementation or whether, it will hold muster against all the potential odds and provide a much wanted relief to African governments taken hostage by vulture funds.

……

Consumer Protection Laws and Regulations in Deposit and Loan Services: A Cross-Country Analysis with a New Data Set

Oya Pinar Ardic
World Bank
Joyce Ibrahim
World Bank
Nataliya Mylenko
World Bank – Financial and Private Sector Development
World Bank Policy Research Working Paper No. 5536

Consumer protection and financial literacy can contribute to improved efficiency, transparency, competition, and access in retail financial markets by reducing information asymmetries and power imbalances between providers and users of financial services. Financial consumer protection has gained significance in policy debates, especially since the onset of the financial crisis in 2008. This paper presents the results of a survey on consumer protection regulations in 142 countries. The findings indicate that although consumer protection legislation is in place in the majority of countries, these do not necessarily address the issues specific to financial services. There is some evidence that enforcement powers and monitoring capacity are limited in many countries, obstructing the effective implementation of the existing regulations. Furthermore, independent third party dispute resolution mechanisms are not widespread. The paper also compiles comprehensive information on laws and regulations relevant for consumer protection and discusses a number of challenges related to empirical analyses of financial consumer protection to enable cross-country comparison.

……

Neglecting the Urban Poor in Bangladesh: Research, Policy and Action in the Context of Climate Change

David Hulme
University of Manchester – Institute for Development Policy and Management (IDPM)
Manoj Roy
affiliation not provided to SSRN
Banks Nicola
affiliation not provided to SSRN

In Bangladesh, urban poverty is neglected in research, policy and action on poverty reduction. This paper explores the underlying foundations for this relative neglect, including national identity and image, the political economy of urban poverty, and the structuring of knowledge creation. It argues for more comprehensive policy and programmes for the urban poor given Bangladesh’s increasingly urban future and the growing magnitude of urban poverty. The impact of climate change will accelerate Bangladesh’s ongoing urbanisation, as well as deepen the scale and severity of urban poverty. That urban poverty reduction will subsequently be increasingly important to the ability to meet national goals for poverty reduction means that policy and action must pay more attention to the urban poor. This is contingent upon two factors: a better understanding of the scale and nature of urban poverty reduction and vulnerability, and the confrontation of powerful interests necessary to secure national commitment to urban poverty reduction.

……

Use of Armed Force Against Terrorists in Afghanistan, Iraq, and Beyond

Jordan J. Paust
University of Houston Law Center

Cornell International Law Journal, Vol. 35, p. 533, 2002
U of Houston Law Center No. 2011-A-2

This article addresses the propriety of self-defense against non-state al-Qaeda terrorist attacks on 9/11 and against the Taliban, Security Council authorizations, NATO regional action, and self-determination assistance. From both an international law and constitutional perspective, the U.S. use of military force against al Qaeda in response to 9/11 and ongoing processes of armed attack against the United States, its military vessels, its embassies abroad, and its nationals here and abroad was permissible. However, the U.S. use of military force against the Taliban in Afghanistan was highly problematic under international law and raises serious concerns about future use of military force against states that merely “harbor” or “support” or have “known links” with non-state terrorists or other international criminals. State “responsibility” for “support” of non-state terrorists can lead to use of political, diplomatic, economic, and juridical sanction strategies, but does not simplistically justify the use of military force in the absence of direct involvement by the supporting state in a process of armed attack or permissible Security Council or regional authorizations to use military force such as those regarding Iraq in 1990, Kosovo in 1999, and Libya in 2011. Permissibility of the use of military force against Iraq rests ultimately on authorization from the Security Council.

II. Books

The Cambridge Companion to International Law

(Cambridge Univ. Press, April 2011)

Edited by James Crawford and Martti Koskenniemi

The important publication sees the world’s leading international lawyers set out the key debates in the field. Organised thematically, with additional features such as a guide to documents in international law, select bibliography and chronology of key developments, this is essential reading for all scholars and students of the subject.

2011 228 x 152 mm 300pp

www.cambridge.org/9780521190886

……

Decolonizing International Law: Development, Economic Growth and the Politics of Universality

(Cambridge Univ. Press, July 2011)

Sundhya Pahuja

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of ‘development’. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Cambridge Studies in International and Comparative Law

2011 228 x 152 mm 300pp

http://www.cambridge.org/9780521199032

……

Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality

(Cambridge Univ. Press, 2011)

Caroline E. Foster

By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the Case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgments and awards.

2011 228 x 152 mm 408pp

www.cambridge.org/9780521513265

……

The Participation of States in International Organisations The Role of Human Rights and Democracy

(Cambridge Univ. Press, Feb. 2011)

Alison Duxbury

The admission of a state to membership is an important decision for an international organisation. In making this determination, organisations are increasingly promoting the observance of human rights and democratic governance as relevant principles. They have also applied the same criteria in resolving the question of whether existing members should be excluded from an organisation’s processes. Through a systematic examination of the records, proceedings and practice of international organisations, Alison Duxbury examines the role and legitimacy of human rights and democracy as membership criteria. A diverse range of examples is discussed, including the membership policies and practice of the League of Nations and the United Nations; the admission of the Central and Eastern European states to the European Union; developments in regional organisations in Africa, Asia and the Americas; and the exclusion of members from the UN specialised agencies.

2011 228 x 152 mm 384pp

www.cambridge.org/9780521192002

……

International Authority and the Responsibility to Protect

(Cambridge Univ. Press, Jan. 2011)

Anne Orford

University of Melbourne

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution – the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is uthorizedion. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorized by the responsibility to protect concept.

2011 228 x 152 mm 256pp

www.cambridge.org/9780521199995

……

Detention in the ‘War on Terror’: Can Human Rights Fight Back?

(Cambridge Univ. Press, April 2011)

Fiona de Londras

This book outlines the US and UK’s counter-terrorist detention policies and the reactions thereto by international institutions and domestic apex courts. It presents a novel argument of interest to lawyers and political scientists that international human rights law may be more resilient to counter-terrorist panic than domestic law is.

2011 228 x 152 mm 350pp

http://www.cambridge.org/9780521197601

……

The ASEAN Inter-Governmental Commission on Human Rights: Institutionalising Human Rights in Southeast Asia

(Cambridge Univ. Press, March 2011)

Hsien-Li Tan

In the first account of this kind, Tan Hsien-Li examines the institutionalisation of human rights in

Southeast Asia, tracing its origins to the ‘Asian values’ debate of the 1990s and detailing the progression of international human rights law in the region through to the formation of the AICHR in 2009.

2011 228 x 152 mm 224pp

http://www.cambridge.org/9781107004498

……

International Dispute Settlement, Fifth edition

(Cambridge Univ. Press, March 2011)

J. G. Merrills

A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

2011 247 x 174 mm 432pp

www.cambridge.org/9780521199094

……

The International Criminal Court and Complementarity: From Theory to Practice

(Cambridge Univ. Press, March 2011)

Edited by Carsten Stahn and Mohamed El Zeidy

The International Criminal Court, The Hague Complementarity is a crucial underlying principle of the International Criminal Court. In this first systematic account of the concept, the authors provide an analysis of the interaction between the ICC and domestic jurisdictions which looks critically at ICC policies and practice in conflict situations from a multidisciplinary and context-dependant perspective.

2011 228 x 152 mm 675pp

www.cambridge.org/9780521763875

……

Transition from Illegal Regimes under International Law

(Cambridge Univ. Press, May 2011)

Yaël Ronen

Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the transition from illegal territorial regimes under international law with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers.

Cambridge Studies in International and Comparative Law

2011 228 x 152 mm 400pp

http://www.cambridge.org/9780521197779

……

The Individual in the International Legal System: State-Centrism, History and Change in International Law

(Cambridge Univ. Press, April 2011)

Kate Parlett

Kate Parlett’s study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

Cambridge Studies in International andComparative Law, 75

2011 228 x 152 mm 448pp 3 tables

www.cambridge.org/9780521196666

……

Trading Fish, Saving Fish: The Interaction between Regimes in International Law

(Cambridge Univ. Press, April 2011)

Margaret A. Young

Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organisation and the United Nations Food and Agriculture Organisation. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.

Cambridge Studies in International and Comparative Law, 76

2011 228 x 152 mm 392pp

http://www.cambridge.org/9780521765725

……

Making the Law of the Sea: A Study in the Development of International Law

(Cambridge Univ. Press, May 2011)

James Harrison

The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organisations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution – including the International Maritime Organization and the United Nations – and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.

Cambridge Studies in International and Comparative Law, 80

2011 228 x 152 mm 325pp 3 tables

http://www.cambridge.org/9780521198172

……

Sovereign Defaults before International Courts and Tribunals

(Cambridge Univ. Press, May 2011)

Michael Waibel

International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany’s 30-year restructuring after 1918 and ICSID arbitration on Argentina’s default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.

Cambridge Studies in International and

Comparative Law, 81

2011 228 x 152 mm 350pp

http://www.cambridge.org/9780521196994

……

Domestic Law Goes Global: Legal Traditions and International Courts

(Cambridge Univ. Press, March 2011)

Sara McLaughlin Mitchell and Emilia Justyna Powell

International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, ‘originators’, design international courts in ways that are politically and legally optimal. States joining existing international courts, ‘joiners’, look to the legal rules and procedures to assess the courts’ ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law, and Islamic law influence states’ acceptance of the jurisdiction of international courts, the durability of states’ commitments to international courts, and the design of states’ commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.

2011 228 x 152 mm 288pp

http://www.cambridge.org/9781107004160

……

Controlling Institutions International Organizations and the Global Economy

(Cambridge Univ. Press, Feb. 2011)

Randall W. Stone

How is the United States able to control the IMF with only 17 per cent of the votes? How are the rules of the global economy made? This book shows how a combination of formal and informal rules explains how international organizations really work. Randall W. Stone argues that formal rules apply in ordinary times, while informal power allows leading states to exert control when the stakes are high. International organizations are therefore best understood as equilibrium outcomes that balance the power and interests of the leading state and the member countries. Presenting a new model of institutional design and comparing the IMF, WTO, and EU, Stone argues that institutional variations reflect the distribution of power and interests. He shows that US interests influence the size, terms, and enforcement of IMF programs, and new data, archival documents, and interviews reveal the shortcomings of IMF programs in Mexico, Russia, Korea, Indonesia, and Argentina.

2011 228 x 152 mm 250pp

http://www.cambridge.org/9781107005402

……

Prosecuting International Crimes: Selectivity and the International Criminal Law Regime

(Cambridge Univ. Press, Mar. 2011)

Robert Cryer

This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

……

Governing the World Trade Organization: Past, Present and Beyond Doha

(Cambridge Univ. Press, April 2011)

Edited by Thomas Cottier and Manfred Elsig

Like many other international organizations, the World Trade Organization stands at a crossroads. There is an obvious imbalance between the organization’s dispute settlement arm and its negotiation platform. While its current rules, supported by a strong dispute settlement system, have provided some buffering against the negative effects of the financial crises, its negotiation machinery has not produced any substantial outcomes since the late 1990s. It has become obvious that the old way of doing business does not work any more and fresh ideas about governing the organization are needed. Based on rigorous scholarship, this volume of essays offers critical readings on the functioning of the system and provides policy-relevant ideas that go beyond incremental redesign but avoid the trap of romantic scenarios.

2011 228 x 152 mm 360pp

http://www.cambridge.org/9781107004887

……

The WTO Regime on Government Procurement: Challenge and Reform

(Cambridge Univ. Press, May 2011)

Edited by Sue Arrowsmith and Robert D. Anderson

Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

2011 228 x 152 mm 825pp

http://www.cambridge.org/9781107006645

……

The Prospects of International Trade Regulation: From Fragmentation to Coherence

(Cambridge Univ. Press, March 2011)

Edited by Thomas Cottier and Panagiotis Delimatsis

For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.

2011 228 x 152 mm 512pp

www.cambridge.org/9781107004870

……

WTO Disciplines on Agricultural Support: Seeking a Fair Basis for Trade

(Cambridge Univ. Press, March 2011)

Edited by David Orden, David Blandford, and Tim Josling

Farm support is contentious in international negotiations. This in-depth assessment of the legal compliance and economic evaluation issues raised by the WTO Agreement on Agriculture presents consistent support data and forward-looking projections for eight developed and developing countries (EU, US, Japan, Norway, Brazil, China, India, Philippines), using original estimates where official notifications are not available. Variations over time in notified support in some cases reflect real policy changes; others merely reflect shifts in how countries represent their measures. The stalled Doha negotiations presage significantly tighter constraints for developed countries that provide the highest support, but loopholes will persist. Developing countries face fewer constraints and their trade-distorting farm support can rise. Pressure points and key remaining issues if a Doha agreement is reached are evaluated. Vigilant monitoring for compliance of farm support with WTO commitments will be required to lessen its negative consequences whether or not the Doha Round is concluded.

2011 228 x 152 mm 496pp

www.cambridge.org/9781107005440

……

African Trade Agreements as Legal Regimes

(Cambridge Univ. Press, June 2011)

James Thuo Gathii

African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines Free Trade Agreements with non-African regions including the Economic Partnership Agreements with the European Union.

Cambridge International Trade and Economic Law, 4

2011 228 x 152 mm 364pp 6 b/w illus.

www.cambridge.org/9780521769839

……

Intellectual Property and Human Development: Current Trends and Future Scenarios

(Cambridge Univ. Press, March 2011)

Edited by: Tzen Wong and Graham Dutfield

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage, and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits, and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook, or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.

……

Processes and Production Methods (PPMs) in WTO Law: Interfacing Trade and Social Goals

(Cambridge Univ. Press, June 2011)

Christiane R. Conrad

Despite a decades-long debate, starting with the ‘Tuna-Dolphin’ disputes of the 1990s, questions on the status of national regulatory measures linked to processes and production methods in WTO law have yet remained unsolved. Likewise, labelling requirements relating to unincorporated aspects of a product’s life cycle remain strongly contested. These ongoing disputes at the WTO as well as global social and environmental challenges related to economic activities show how topical and important the search for adequate answers still is. Processes and Production Methods (PPMs) in WTO Law identifies and comprehensively analyses the key legal problems concerning such measures, setting them in the context of the current debate and its economic and regulatory background. Christiane R. Conrad develops a new approach to this debate which draws on the objectives and established economic rationales of the WTO Agreements.

Cambridge International Trade and Economic Law, 5

2011 228 x 152 mm 525pp

www.cambridge.org/9781107008120

……

Global Warming Gridlock: Creating More Effective Strategies for Protecting the Planet

(Cambridge Univ. Press, 2011)

David G. Victor

Global warming is one of today’s greatest challenges. The science of climate change leaves no doubt that policies to cut emissions are overdue. Yet, after twenty years of international talks and treaties, the world is now in gridlock about how best to do this. David Victor argues that such gridlock has arisen because international talks have drifted away from the reality of what countries are willing and able to implement at home. Most of the lessons that policy makers have drawn from the history of other international environmental problems won’t actually work on the problem of global warming. Victor argues that a radical rethinking of global warming policy is required and shows how to make international law on global warming more effective. This book provides a roadmap to a lower carbon future based on encouraging bottom-up initiatives at national, regional and global levels, leveraging national self-interest rather than wishful thinking.

……

Climate Change Policy in the European Union: Confronting the Dilemmas of Mitigation and Adaptation?

(Cambridge Univ. Press, March 2011)

Edited by: Andrew Jordan, Dave Huitema, Harro van Asselt, Tim Rayner, and Frans Berkhout

The European Union (EU) has emerged as a leading governing body in the international struggle to govern climate change. The transformation that has occurred in its policies and institutions has profoundly affected climate change politics at the international level and within its 27 Member States. But how has this been achieved when the EU comprises so many levels of governance, when political leadership in Europe is so dispersed and the policy choices are especially difficult? Drawing on a variety of detailed case studies spanning the interlinked challenges of mitigation and adaptation, this volume offers an unrivalled account of how different actors wrestled with the complex governance dilemmas associated with climate policy making. Opening up the EU’s inner workings to non-specialists, it provides a perspective on the way that the EU governs, as well as exploring its ability to maintain a leading position in international climate change politics.

……

The Ethics of Global Climate Change

(Cambridge Univ. Press, Mar. 2011)

Edited by: Denis G. Arnold

Global climate change is one of the most daunting ethical and political challenges confronting humanity in the twenty-first century. The intergenerational and transnational ethical issues raised by climate change have been the focus of a significant body of scholarship. In this new collection of essays, leading scholars engage and respond to first-generation scholarship and argue for new ways of thinking about our ethical obligations to present and future generations. Topics addressed in these essays include moral accountability for energy consumption and emissions, egalitarian and libertarian perspectives on mitigation, justice in relation to cap and trade schemes, the ethics of adaptation and the ethical dimensions of the impact of climate change on nature.

……

Environmental Protection and Human Rights

(Cambridge Univ. Press, May 2011)

Donald K. Anton and Dinah Shelton

With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

2011   253 x 215 mm   1100pp

http://www.cambridge.org/9780521766388

……

Gulf War Reparations and the UN Compensation Commission: Environmental Liability

(Oxford Univ. Press, April 2011)

Edited by Cymie Payne and Peter Sand

In Gulf War Reparations and the UN Compensation Commission: Environmental Liability , experts who held leadership positions and worked directly with the UNCC draw on their experience with the institution and provide a comprehensive view of the United Nations Compensation Comission and its work in the aftermath of the Gulf War. In this volume, the first of two on the UNCC’s work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq’s 1990-91 invasion and occupation of Kuwait. The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.

……

The Evolving International Investment Regime: Expectations, Realities, Options

(Oxford Univ. Press, April 2011)

Jose E. Alvarez and Karl P. Sauvant
With Kamil Gerard Ahmed and Gabriela P. Vizcaino

With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference “What’s New in International Investment Law and Policy?”

……

The Power of Deliberation: International Law, Politics and Organizations

(Oxford Univ. Press, Mar. 2011)

Ian Johnstone

Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. Arguing is almost as ubiquitous in international affairs, yet it is not viewed as an important element of world order. In The Power of Deliberation: International Law, Politics and Organizations , Ian Johnstone challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system. Johnstone focuses on legal argumentation and asks why, if the rhetoric of law is inconsequential, governments and other international actors bother engaging in it.

……

Research Handbook On International Human Rights Law
(Edward Elgar, softback 2011)
Edited by Sarah Joseph and Adam McBeth
‘The advance of global human rights is a kind of miracle. This book furthers the enterprise with a collection of cutting edge chapters on the legal issues of the second half of the 20th century. Those who want to stay ahead in this adventure in the 21st century will need to know the challenges that appear on every page.’
– The Hon. Michael Kirby AC CMG, Former Judge of the High Court of Australia 1996–2009
2011 Paperback 978 1 84980 055 6

……

Fom Civil To Human Rights
Dialogues on Law and Humanities in the United States and Europe
(Edward Elgar, paperback Feb 2011)
Helle Porsdam
‘Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe’s rise from the ashes and the choices it must make to inspire rather than repulse the world around it.’
– Richard Weisberg, Cardozo Law School, New York, US
February 2011 Paperback 978 1 84844 805 6

……

Intellectual Property Rights In A Fair World Trade System
Proposals for Reform of TRIPS
(Edward Elgar, Feb. 2011)
Edited by Annette Kur

‘This book is essential reading for anyone interested in intellectual property, global trade, international law, human rights, development, and competition. While many have lamented the impact of the TRIPS Agreement on the creative environment and social welfare, the heart of the volume is a deeply thoughtful, well-considered proposal for modifying the Agreement. The lead-up is equally compelling: essays by renowned experts describing the substantive, procedural, and institutional problems encountered post-TRIPS and an examination of socially responsible ways to promote innovation.’
– Rochelle Dreyfuss, New York University School of Law, US
February 2011 640 pp Hardback 978 1 84980 009 9

……

Atoll Diego Garcia: Naturschutz zwischen Menschenrecht und Machtpolitik

(Herbert Utz Verlag, April 2011)

Peter H. Sand

Das Korallenatoll Diego Garcia im Tschagos-Archipel (Britisches Territorium im Indischen Ozean, BIOT) ist heute einer der strategisch wichtigsten Stützpunkte für US-Militäreinsätze im Irak und Afghanistan. Sein völkerrechtlicher Status ist jedoch umstritten, unter anderem angesichts konkurrierender Hoheitsansprüche von Großbritannien, Mauritius und der Malediven. Zudem wurde das BIOT nach der Zwangsaussiedlung der einheimischen Bevölkerung systematisch vom Anwendungsbereich internationaler Abkommen über Menschenrechte, Umweltschutz und Abrüstung ausgeschlossen, sodass Diego Garcia rechtlich ein »schwarzes Loch« à la Guantánamo zu werden droht. Dieses Buch schildert das Schicksal des Atolls und seiner vertriebenen einstigen Bewohner als exemplarische Fallstudie zum Thema Öko-Imperialismus. Es schließt mit einer kritischen Untersuchung der 2010 im Tschagos-Archipel proklamierten britischen »Meeresschutzzone« von 200 Seemeilen rund um den Militärstützpunkt Diego Garcia, gegen die Mauritius nun ein völkerrechtliches Schiedsverfahren beantragt hat.

……

Cities and Global Governance

(Ashgate, April 2011)

Robert W. Thurston

This volume advances understanding of the significance of ‘the city’ in global governance, demanding innovation in international relations theory. A rich assortment of case studies adds breadth to theorizing of the role sub-national political actors play in global affairs. Each of the eight case studies demonstrates different intersections between the local and the global and how these intersections alter the conditions resulting from globalizing processes.

……

New Wars and New Soldiers

(Ashgate, April 2011)

Paolo Tripodi

New military technologies, the rise of private military companies, and the increasing involvement of the military in counterterrorism and humanitarian operations all pose challenges to traditional ideas about the ethics of war, the relevance of current international law governing armed conflict, and Just War theory. This book brings together experts on military ethics to discuss the changing nature of the military’s role in the contemporary world.

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 51: Apr 05, 2011

ALAN O’NEIL SYKES, EDITOR

Carl Schmitt and the Critique of Lawfare

David J. Luban, Georgetown University Law Center

Secrecy and Good Governance

Craig M. Scott, York University – Osgoode Hall Law School
Daniel P. Fata, The Cohen Group

The International Criminal Court and National Courts: A Contentious Relationship

Nidal Nabil Jurdi, American University of Beirut

Is it Right for the UN to Authorize the Use of Force Over Libya’s Domestic Matter?

Uzoma chiedozie Elenwoke, affiliation not provided to SSRN

Choice of Law & Foreign Currency Debts

Yehya Ikram Ibrahim Badr, Alexandria University

Before the Abyss: Reshaping International Humanitarian Law to Suit the Ends of Power

Eitan Diamond, International Committee of the Red Cross (ICRC)

The European Convention on Human Rights and Fundamental Freedoms in Azerbaijan

Javid Gadirov, Central European University

Precedent in Civil Law and International Law

Dr. Muhammad Munir, International Islamic University Islamabad (IIUI)

……

PUBLIC INTERNATIONAL LAW eJOURNAL

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

ALAN O’NEIL SYKES, EDITOR

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

David J. Luban, Georgetown University Law Center
Henry Shue, University of Oxford

From Paper to Peace? Compliance with UN Security Council Resolutions in Civil Wars

Christoph Mikulaschek, International Peace Institute

International Tax Avoidance – The Tension between Protecting the Tax Base and Certainty of Law

Craig Macfarlane Elliffe, University of Auckland – Faculty of Business & Economics

Note to Gäfgen v Germany ECtHR Grand Chamber Judgment

Antoine Buyse, Netherlands Institute of Human Rights (SIM)

A Perspective from Honduras’ Civil Society Truth Commission

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

Saudi Arabia as a Humanitarian Donor: High Potential, Little Institutionalization

Khalid Al Yahya, Dubai School of Government
Nathalie Fustier, affiliation not provided to SSRN

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

Ahmad Chehab, Wayne State University

Introduction to ‘Sustainable Development in World Investment Law’

Andrew Paul Newcombe, University of Victoria – Faculty of Law
Markus Gehring, University of Cambridge – Faculty of Law
Marie-Claire Cordonier Segger, International Development Law Organization

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 49: Apr 01, 2011

ALAN O’NEIL SYKES, EDITOR

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

Laurie R. Blank, Emory University School of Law

‘Italian Hours’: The Globalization of Cultural Property Law

Lorenzo Casini, University of Rome I

The Multifaceted Concept of the Autonomy of International Organizations and International Legal Discourse

Jean d’Aspremont, University of Amsterdam

Humanitarian Uses of Force

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

Dodd-Frank and Basel III’s Skin in the Game Divergence and Why it is Good for the International Banking System

Eric M. Thompson, Boston University School of Law

Complentarity, The Kenyan Way

Ron Slye, Seattle University School of Law

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

Rostam Josef Neuwirth, University of Macau – Faculty of Law

A Legal Method for Solving Issues of Internet Regulation; Applied to the Regulation of Cross-Border Privacy Issues

Dan Svantesson, Bond University – School of Law

A Comparative Study of Truth and Justice Commissions Within the Commonwealth: Lessons that Can Inform the Kenyan Process

Stephen Thuku Mbaaro, affiliation not provided to SSRN

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 48: Mar 31, 2011

ALAN O’NEIL SYKES, EDITOR

A Tale of Two Theories of Well-Known Marks

Leah Chan Grinvald, Saint Louis University – School of Law

Writing Tax Treaty History

Richard J. Vann, Sydney Law School

Hobbling the Monitors: Should UN Human Rights Monitors Be Accountable?

Philip Alston, New York University (NYU) – 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

The Evolution of General Administrative Law and the Emergence of Postmodern Administrative Law

Karl-Heinz Ladeur, University of Hamburg – Faculty of Law

Interpretation and Institutional Choice at the WTO

Gregory C. Shaffer, University of Minnesota – Twin Cities – School of Law
Joel P. Trachtman, Tufts University – The Fletcher School

Indigenous Peoples as International Lawmakers

Lillian Aponte Miranda, Florida International University (FIU)

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

Dianne L. Otto, Melbourne Law School

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

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 38: Apr 04, 2011

CHRISTIANA OCHOA, EDITOR

A Perspective from Honduras’ Civil Society Truth Commission

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

Choice of Law & Foreign Currency Debts

Yehya Ikram Ibrahim Badr, Alexandria University

Not a ‘Nose of Wax’: Patenting Processes in the Wake of Bilski v. Kappos

Peter Eldon Bracken, affiliation not provided to SSRN

A Right to Legal Aid: The ABA Model Access Act in International Perspective

James R. Maxeiner, University of Baltimore – School of Law

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

Interpretation and Institutional Choice at the WTO

Gregory C. Shaffer, University of Minnesota – Twin Cities – School of Law
Joel P. Trachtman, Tufts University – The Fletcher School

Indigenous Peoples as International Lawmakers

Lillian Aponte Miranda, Florida International University (FIU)

The European Convention on Human Rights and Fundamental Freedoms in Azerbaijan

Javid Gadirov, Central European University

Before the Abyss: Reshaping International Humanitarian Law to Suit the Ends of Power

Eitan Diamond, International Committee of the Red Cross (ICRC)

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 37: Apr 01, 2011

CHRISTIANA OCHOA, EDITOR

Complentarity, The Kenyan Way

Ron Slye, Seattle University School of Law

Forum Shopping and the Evolution of Rules of Choice of Law

Nita Ghei, Cato Institute

Reconciling Confidentiality and Transparency in the EU Trade Defence and Competition Proceedings

Joanna Krzeminska-Vamvaka, European Commission

Free Trade Agreements and Governance of the Global Trading System

Andrew G. Brown, Independent
Robert M. Stern, University of Michigan at Ann Arbor – Department of Economics

The Disclosure Requirement for Patent Application: Article 29 of TRIPS Agreement and a Dimensional Exploration

Bingbin Lu, Shanghai Business School, Fudan University

Systemic Regulation of Global Trade and Finance: A Tale of Two Systems

R. Michael Gadbaw, Institute of International Economic Law, Georgetown University Law Center

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

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 15: Apr. 05, 2011

DAVID D. CARON & TSEMING YANG, EDS.

The National Park System: Visions for Tomorrow

Robert B. Keiter, University of Utah – S.J. Quinney College of Law

Human Rights to a Clean Environment: Procedural Rights

Jona Razzaque, University of the West of England (UWE)

Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles

Michael Kidd, affiliation not provided to SSRN

‘Editorial Comment’: Elmene Bray

Margaret Beukes, affiliation not provided to SSRN

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 30, Apr 05, 2011

ALAN O’NEIL SYKES, EDITOR

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

Ahmad Chehab, Wayne State University

The Financial Collateral Directive’s Practice in England

Look Chan Ho, Freshfields Bruckhaus Deringer LLP

Reconciling Confidentiality and Transparency in the EU Trade Defence and Competition Proceedings

Joanna Krzeminska-Vamvaka, European Commission

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

Mary E. Footer, University of Nottingham School of Law

Interfacing the Temporary Movement of Workers in ‘Mode 4 of GATS’ with Bilateral Migration Agreements

Marion Panizzon, University of Bern Law School – World Trade Institute

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 29, Apr 04, 2011

ALAN O’NEIL SYKES, EDITOR

African Regional Integration: Implications for Food Security

Michiel van Dijk, Wageningen UR – Agricultural Economics Research Institute (LEI)

Keynote Address – Identifying and Managing Systemic Risk: An Assessment of Our Progress

Steven L. Schwarcz, Duke University – School of Law

Bilateral Investment Treaty and Free Trade Agreement: The Hashemite Kingdom of Jordan and the United States

Abdullah Nawafleh, affiliation not provided to SSRN

Language Discrepancies in WTO Law

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

Introduction to ‘Sustainable Development in World Investment Law’

Andrew Paul Newcombe, University of Victoria – Faculty of Law
Markus Gehring, University of Cambridge – Faculty of Law
Marie-Claire Cordonier Segger, International Development Law Organization

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 28, Apr 01, 2011

ALAN O’NEIL SYKES, EDITOR

Protecting Intellectual Property under BITs, FTAs, and TRIPS: Conflicting Regimes or Mutual Coherence?

Henning Grosse Ruse-Khan, Max Planck Institute for Intellectual Property and Competition Law

Multi-Membership and the Effectiveness of Regional Trade Agreements in Western and Southern Africa: A Comparative Study of ECOWAS and SADC

Sylvanus Kwaku Afesorgbor, affiliation not provided to SSRN
Peter A.G. van Bergeijk, Institute of Social Studies (ISS), CERES, Research School for Resource Studies for Development

The Multilateral Trading System

Robert M. Stern, University of Michigan at Ann Arbor – Department of Economics

The Disclosure Requirement for Patent Application: Article 29 of TRIPS Agreement and a Dimensional Exploration

Bingbin Lu, Shanghai Business School, Fudan University

Systemic Regulation of Global Trade and Finance: A Tale of Two Systems

R. Michael Gadbaw, Institute of International Economic Law, Georgetown University Law Center

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 27, Mar 31, 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

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

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

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

Interpretation and Institutional Choice at the WTO

Gregory C. Shaffer, University of Minnesota – Twin Cities – School of Law
Joel P. Trachtman, Tufts University – The Fletcher School

……

USA WEB ALERT

U.S. Reference Service Public Affairs Section U.S. Embassy in Australia

March 2011

……

Yearbook of International Environmental Law, Volume 20, 2010
Articles

  • Managing Sovereignty and Jurisdictional Disputes in the Antarctic: The Next Fifty Years (Karen N. Scott) p.3-40
  • Law for the Management of Antarctic Marine Living Resources: From Normative Conflicts towards Integrated Governance? (Gregory Rose and Ben Milligan) p.41-87
  • South Africa and the Southern Polar Region: A Reflection on the Past, the Present, and Future Prospects (Jan Glazewski) p.88-121
  • Towards Model Arctic-Wide Environmental Cooperation Combating Climate Change (Md. Waliul Hasanat) p.122-157
  • The Polar Continental Shelf Challenge: Claims and Exploitation of Mineral Sea Resources—An Antarctic and Arctic Comparative Analysis (Danilo Comba) p.158-187
  • Iced Freshwater Resources: A Legal Exploration (Jorge E. Viñuales) p.188-206

2009: Year in Review

  • I. General Developments (Marcos A. Orellana, Yang Huaguo, Osamu Y….) p.217-261
  • II. Air And Atmosphere (Leonardo Massai and Wolfgang Sterk) p.263-284
  • III. Fresh Water (Stefano Burchi) p.285-288
  • IV. Oceans (Richard Caddell, Ho-Sam Bang, Kim Tinlin….) p.289-313
  • V. Energy (M.P. Ram Mohan and Selma Kuş) p.315-329
  • VI. Hazardous Substances And Waste, Other Than Nuclear (Hu Yuan, Ekkehard Hofmann, and Anne Daniel) p.331-348
  • VII. International Commons/Areas Beyond National Jurisdiction (Tullio Scovazzi, Maureen Williams, Kees ….) p.349-382
  • VIII. Natural Resource Management And Conservation (Elisa Morgera, Elsa Tsioumani, Richard C….) p.383-464
  • IX. International Economy and the Environment (Kyla Tienhaara and Virginie Barral) p.465-480
  • X. Country/Region Reports (Tyson Dyck, Patricia Madrigal Cordero, M….) p.481-706
  • XI. Reports from International Courts and Tribunals (Paolo Galizzi, Wim Vandenberghe, Geert v….) p.707-745
  • XII. Reports on International Organizations and Bodies (Philippe Cullet, Liselotte Smorenborg va….) p.747-883

Book Reviews

  • Mohiuddin Farooque, edited and updated by Daud Hassan, International Rivers: Rights of the Riparian States (Dhaka: Bangladesh Environmental Lawyers Association, 2009) (Tushar Das) p.887-889
  • Tim Jackson, Prosperity without Growth: Economics for a Finite Planet (London: Earthscan, 2009) (Scott Mann) p.889-893
  • Index p.895-914

……

Yearbook of European Law, Volume 29, 2010
Articles

  • Peaceful or Problematic? The Relationship between National Supreme Courts and Supranational Courts in Europe (Rt Hon Lady Justice Arden, DBE) p.3-20
  • Europeanization and Constitutionalization: The Challenging Impact of a Double Transformative Process on French Law (Marie-Luce Paris) p.21-64
  • The New Relationship between National and the European Courts after the Enlargement of Europe: Towards a Unitary Theory of Jurisprudential Supranational Law? (Oreste Pollicino) p.65-111
  • The Interrelation between Rights and Duties in EU Law: Reflections on the State of Liability Law in the Multilevel Governance System of the Union: Is There a Need for a More Coherent Approach in European Private Law? (Norbert Reich) p.112-163
  • The EU’s Commitment to Effective Multilateralism in the Field of Security: Theory and Practice (Jan Wouters, Sijbren de Jong, and Philip De Man) p.164-189
  • Moped Trailers, Mickelsson & Roos, Gysbrechts: The ECJ’s Case Law on Goods Keeps on Moving (Stefan Enchelmaier) p.190-223
  • The Comparative Advantages of Geographical Indications and Community Trade Marks for the Marketing of Agricultural Products (G. E. Evans) p.224-260
  • On the Application of Competition Law as Regulation: Elements for a Theory (Pablo Ibáñez Colomo) p.261-306
  • The Goals of Chapter I of the UK’s Competition Act 1998 (Christopher Townley) p.307-360

Survey

  • EC Competition Law 2007–2009 (Ian S. Forrester, Jacquelyn F. MacLennan, and Anthony Dawes) p.363-480

Review Articles

  • A Cinderella Story: ‘Judicial Cooperation in Civil Matters’ Meets the Prince. Review Article of Eva Storskrubb, Civil Procedure and EU Law: A Policy Area Uncovered (Oxford University Press, 2008), 521 pages, £52.50, Hardback, ISBN 978-0-19-953317-6 (Helen E. Hartnell) p.483-495
  • The Constitutional Uncertainty of EU Law. Review Article of Miguel Poiares Maduro and Loïc Azoulai (eds), The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty (Hart Publishing, 2010), 526 pages, £55, Paperback, ISBN 9781841137124 (Niamh Nic Shuibhne) p.496-512

Book Reviews

  • The EC Common Fisheries Policy by Robin Churchill and Daniel Owen (eds) (Oxford University Press, 2010), 640 pages, £110, Hardback, ISBN 978-0-19-927584-7 (William Howarth) p.515-519
  • Implementing EU Pollution Control: Law and Integration by Bettina Lange (Cambridge University Press, 2008), 324 pp, £62, Hardback, ISBN 978-0-521-88398-6 (Mark Wilde) p.520-523
  • The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective by Luca Rubini (Oxford University Press, 2009), 496 pages, £70, Hardback, ISBN 978-0-19-953339-8 (Gustavo E. Luengo Hernández de Madrid) p.524-528
  • Law and Economics in European Merger Control by Ulrich Schwabe and Daniel Zimmer (Oxford University Press, 2009) 449 pages, £95, Hardback, ISBN 978-0-19-957181-9 (Giorgio Monti) p.529-530
  • Article 81 EC and Public Policy by Christopher Townley (Hart Publishing, 2009), 398 pages, £65, Hardback, ISBN 978-1-84113-968-5 (Robin van der Hout) p.531-535
  • Reverse Discrimination in EC Law by Alina Tryfonidou (Kluwer Law International, 2009), 292 pages, £72, Hardcover, ISBN 978-90-411-2751-8 (Charlotte O’Brien) p.536-538
  • EU Counter-Terrorist Policies and Fundamental Rights — The Case of Individual Sanctions by Christina Eckes (Oxford University Press, 2009), 512 pages, £60, Hardback, ISBN 978-0-19-957376-9 (Martin Scheinin) p.539-541
  • Conflicts of Rights in the European Union — A Theory of Supranational Adjudication by Aida Torres Pérez (Oxford University Press, 2009), 224 pages, £50, Hardback, ISBN 978-0-19-956871-0 (Susan Millns) p.542-545

……
World Trade Review, Volume 10, Special Issue 1, January 2011

  • Introduction (HENRIK HORN and PETROS C. MAVROIDIS) p.1-4
  • Review Articles
  • US Compliance with WTO Rulings on Zeroing in Anti-Dumping (BERNARD HOEKMAN and JASPER WAUTERS) p.5-43
  • United States – Continued Existence and Application of Zeroing Methodology: the end of Zeroing? (THOMAS J. PRUSA and EDWIN VERMULST) p.45-61
  • Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009 (KAMAL SAGGI and JOEL P. TRACHTMAN) p.63-86
  • Comment
  • China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights (ROBERT HOWSE) p.87-93
  • Review Article
  • Trading Cultures: Appellate Body Report on China–Audiovisuals (WT/DS363/AB/R, adopted 19 January 2010) (PAOLA CONCONI and JOOST PAUWELYN) p.95-118
  • Comment
  • Appellate Body Ruling in China–Publications and Audiovisual Products (FRIEDER ROESSLER) p.119-131
  • Review Article
  • ‘Optimal’ Retaliation in the WTO – a commentary on the Upland Cotton Arbitration (GENE M. GROSSMAN and ALAN O. SYKES) p.133-164

……
Georgetown Immigration Law Journal, Volume 24, Numbers 3-4, Spring-Summer 2010
INTERNATIONAL MIGRANTS BILL OF RIGHTS (DRAFT IN PROGRESS) IMBR NETWORK

  • INTERNATIONAL MIGRANTS BILL OF RIGHTS: INTRODUCTION p.395
  • IMBR CONTRIBUTORS p.397
  • INTERNATIONAL MIGRANTS BILL OF RIGHTS: PREAMBLE p.399
  • TABLE OF ABBREVIATIONS p.409
  • INTERNATIONAL MIGRANTS BILL OF RIGHTS: A COMMENTARY p.411
  • INTERNATIONAL MIGRANTS BILL OF RIGHTS: ADDENDUM p.493
  • HISTORY OF THE INTERNATIONAL MIGRANTS BILL OF RIGHTS PROJECT p.499

ARTICLES

  • REAFFIRMING RIGHTS: HUMAN RIGHTS PROTECTIONS OF MIGRANTS, ASYLUM SEEKERS, AND REFUGEES IN IMMIGRATION DETENTION (Eleanor Acer & Jake Goodman) p.507
  • SOFT LAW AND THE PROTECTION OF VULNERABLE MIGRANTS (Alexander Betts) p.533
  • THE MOST-FAVOURED NATION PRINCIPLE, EQUAL PROTECTION, AND MIGRATION POLICY (Tomer Broude) p.553
  • EXTREME VULNERABILITY OF MIGRANTS: THE CASES OF THE UNITED STATES AND MEXICO (Jorge A. Bustamante) p.565
  • HUMAN RIGHTS OF MIGRANTS: THE DAWN OF A NEW ERA? (Ryszard Cholewinski) p.585
  • FROM STATUS TO AGENCY: DEFINING MIGRANTS (Avinoam Cohen) p.617
  • AVOIDING EVASION: IMPLEMENTING INTERNATIONAL MIGRATION POLICY (Justin Gest) p.639
  • PROTECTING AND PROMOTING THE HUMAN RIGHT TO RESPECT FOR FAMILY LIFE: TREATY-BASED REFORM AND DOMESTIC ADVOCACY (Ryan T. Mrazik & Andrew I. Schoenholtz) p.651
  • A MIGRANTS’ BILL OF RIGHTS BETWEEN RESTATEMENT AND MANIFESTO (Gerald L. Neuman) p.685

……
Common Market Law Review, Volume 48, Number 2, 2011

  • Editorial comments: Enhanced cooperation: A Union à taille réduite or à porte tournante? p.317-327
  • In legal limbo: Post-legislative guidance as a challenge for European administrative law (Joanne Scott) p.329-355
  • Precautionary regulation of chemical risk: How REACH confronts the regulatory challenges of scale, uncertainty, complexity and innovation (Floor Fleurke, Han Somsen) p.357-393
  • The ECJ and ultra vires action: A conceptual analysis (Paul Craig) p.395-437
  • French supreme courts and European Union law: Between historical compromise and accepted loyalty (Rostane Mehdi) p.439-473
  • A legal-institutional perspective on the European External Action Service (Bart Van Vooren) p.475-502
  • Half full and half empty glass: The application of EU law in Poland (2004–2010) (Adam Łazowski) p.503-553
  • Case C-370/07, Commission v. Council, Judgment of the European Court of Justice (Second Chamber) of 1 October 2009 (Joni Heliskoski) p.555-567
  • Case C-406/08, Uniplex (UK) Ltd v. NHS Business Services Authority, Judgment of the European Court of Justice (Third Chamber) of 28 January 2010; Case C-456/08, Commission v. Ireland, Judgment of the European Court of Justice (Third Chamber) of 28 January 2010 (Gordon Anthony) p.569-579
  • Case C-550/07 P, Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v. European Commission Judgment of the European Court of Justice (Grand Chamber) of 14 September 2010 (Giacomo Di Federico) p.581-602
  • Case No. A 268/04, The Labour Court, Sweden (Arbetsdomstolen) Judgment No. 89/09 of 2 December 2009, Laval un Partneri Ltd. v. Svenska Bygggnadsarbetareförbundet et al. (Ulf Bernitz, Norbert Reich) p.603-623

……
DePaul Rule of Law Journal, Fall 2010
Articles

  • As Blackwater Rises, the Rule of Law Recedes (William Cohn)
  • Shaping the Rights of the Guantánamo Bay Detainees: Policymaking or Interbranch Impasse? (Dante Gatmaytan)
  • Trafficking in the Republic of Azerbaijan (Augustus Sol Invictus)
  • State-Sponsored Human Trafficking in Eritrea (Annie O’Reilly)
  • International Trafficking in Women: Application of the Council of Europe Convention on Action Against Trafficking in Human Beings in Post-Conflict States and Creation of a European Court to Adjudicate Cases of Trafficking (Meredith L. Owen)
  • An Insult Slap in the Face of Legislative Oversight?: A Comparative Look at the U.S. and U.K. Torture Scandals and Lessons to Learn (Nicole Rementer)

Briefs

  • Nicaragua’s Reelection Controversy: Electoral Manipulations and the Judicialization of Politics (Nathaniel Damren)
  • Russia’s Newest Competition Law and its Effect on the Rule of Law (Rafael Rivera)

……
Jindal Global Law Review, Volume 2, Issue 2, March 2011

  • Erasing the Non-Judicial Narrative: Victim Testimonies at the Khmer Rouge Tribunal (Mahdev Mohan & Vani Sathisan)
  • Chinese Policies in Tibet: Should India Remain Concerned? (Michael C. Davis)
  • Charting Corporate and Financial Governance in Korea in the New Decade: World Bank and IMF Reports (Young-Cheol David K. Jeong)
  • The Changing Scope of Human Rights in the Context of Counter-Terrorism (Sarah Shi & Ronald Wong)
  • Legal Education in Asia: Globalization, Change and Contexts (Suvrajyoti Gupta)

……
European Business Organization Law Review, Volume 12, Issue 1, March 2011

  • The European Securities and Markets Authority and Institutional Design for the EU Financial Market – A Tale of Two Competences: Part (1) Rule-Making (Niamh Moloney) p.41-86
  • The Reform of the Transparency Directive: Minimum or Full Harmonisation of Ownership Disclosure? (Holger Fleischer, Klaus Ulrich Schmolke) p.121-145
  • The Protection of Creditors of a European Private Company (SPE) (Mathias M. Siems, Leif Herzog, Erik Rosenhäger) p.147-172

……
International Business Law Journal, Number 6, 2010
ARTICLES

  • The Poison Pill: A Cross-Analysis Under French and Luxembourg Law (Jacques GRAAS) p.543
  • Now Where Do We Stand With Online Dispute Resolution (ODR)? (Mireze PHILIPPE) p.563
  • Regional Investment Incentives in WTO and Tunisian Law (Bassem KARRAY) p.577

ACTUALITES

  • DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
  • Politiques de concurrence / Competition Policies (Jean-Cyril BERMOND, Frederick AMIEL, Nat….) p.593
  • EMERGENCE D’UN DROIT INTERNATIONAL / REGIONAL DES AFFAIRES / EMERGENCE OF AN INTERNATIONAL/REGIONAL BUSINESS LAW
  • Chronique de droit international prive applique aux affaires / Chronicle of Conflict of Laws Applied to Business (Yasmine LAHLOU, Marina MATOUSEKOVA) p.611
  • DROIT ET PRATIQUE DES INVESTISSEMENTS INTERNATIONAUX
  • Chronique de la periode du 1er avril au 31 aout 2010 / Chronicle: April 1 to August 31, 2010 (Walid BEN HAMIDA, Emmanuelle CABROL, Fer….) p.642
  • ARBITRAGE INTERNATIONAL ET AUTRES MODES DE REGLEMENT DES CONFLITS / INTERNATIONAL ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
  • Les « breves » / Briefing (Chrisophe SERAGLINI, Delphine ROOZ, Antonio MUSELLA) p.658

……
International Journal of Law and Management, Volume 53, Number 1, 2011

  • Post-crisis developments in international financial markets (Alexander Suetin) p.51-61

……
King’s Student Law Review, Volume 2, Issue 2, 2010

  • What is at Stake in the Debate on International Development? (Bhandari, Romit)
  • Live and Let Die (Teja, Tariq)

……
Current Legal Problems, Volume 63, 2011

  • The Human Rights of Children (Michael Freeman) p.1-44
  • ‘Adjudicating in the Shadow of the Informal Settlement?’: The Court of Justice of the European Union, ‘New Governance’ and Social Welfare (Tamara Hervey) p.92-152
  • Recalibrating ECHR Rights, and the Role of the Human Rights Act Post 9/11: Reasserting International Human Rights Norms in the ‘War on Terror’? (Helen Fenwick) p.153-234
  • Law, Language and International Trade Regulation in the WTO (Fiona Smith) p.448-474
  • Issues Arising from the Interplay Between Different Areas of International Law (Vera Gowlland-Debbas) p.597-630
  • Distrust: Our Fear of Trusts in the Commercial World (Robert Chambers) p.631-652

……
Military Law Review, Volume 205, Fall 2010

  • The Third Annual Solf-Warren lecture in International and Operational Law
    Jack Goldsmith

……
International Corporate Rescue, Volume 8, Issue 2, 2011

  • An Analysis of Cross-Border Insolvency in China’s New Bankruptcy Law: A Big Step Forward
    Haizheng Zhang and Ran Gao
  • Corporate Rescue Proceedings and the Enforcement of Ipso Facto Termination Clauses: A Comparison of the English and US Approaches
    Ravi Suchak

……
Criminal Law Journal, Volume 35, Number 2, April 2011

  • Will the responsibility to protect principle improve enforcement of international criminal law?
    Grant Niemann

……
Journal of Ethnicity in Criminal Justice, Volume 9, Issue 1, 2011
Book Review

  • A Review of “International Report on Crime Prevention and Community Safety: Trends and Perspectives” Under the direction of Manon Jendly, Valerie Sagant, and Margart Shaw. Montreal, Quebec, Canada: International Centre for the Prevention of Crime (ICPC), 2008.
    Marissa P. Levy

……

University of New South Wales Faculty of Law Research Series 2011

Australia’s Accession to the Cybercrime Convention: Is the Convention Still Relevant in Combating Cybercrime in the Era of Botnets and Obfuscation Crime Tools?

Alana Maurushat, University of New South Wales
……

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

The Problem of the State of Exception

  • 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

……

Tax Management International Journal, Volume 40, Number 4, April 2011

ARTICLES

  • U.S. Charitable Organizations: Recent U.S. International Tax Developments (Thomas St.G. Bissell) p.215
  • Coffee? Tea? Section 863? Tax Court Dispenses Double Taxation in International Airspace (Alan S. Lederman) p.227
  • CANADA-U.S. TAX PRACTICE: A CROSS-BORDER VIEW
  • The Impact on Canada-U.S. Business of Diverging Corporate Tax Rates (Nathan Boidman and Peter Glicklich) p.234
  • LEADING PRACTITIONER COMMENTARY
  • Section 163(j) and Disregarded Entities (Philip D. Morrison) p.238
  • Consignments versus Agencies: Avoiding Permanent Establishments (Edward Tanenbaum) p.240
  • The Application of Subpart F to a Distributor Principal (Lowell D. Yoder) p.241
  • GUEST COMMENTARY
  • The Shipment of California Jobs to Texas — What Can Be Done?! (Herman B. Bouma) p.244
  • TAX TREATIES AND INTERNATIONAL TAX AGREEMENTS
  • Current Status of U.S. Tax Treaties and International Tax Agreements (Jason R. Connery, Steven R. Lainoff, and Charles W. Cope) p.245
  • LEGISLATION
  • Current Status of Legislation Relating to U.S. International Tax Rules (Barbara M. Angus, Marjorie A. Rollinson,….) p.253

……

International Family Law, March 2011

  • EU Enhanced Co-operation p.5
  • Council of Europe Guidelines on Children p.14

Features

  • The Enforcement of Custody and Access Decisions under the Revised Brussels II Regulation (Nigel Lowe) p.21
  • English Marital Agreements for International Families after Radmacher (David Hodson) p.31
  • International Child Abduction: Australian Law, Practice and Proce dure (Michael Nicholls) p.34
  • International Child Abduction: is it all Back to Normal Once the Child Returns Home? (Marilyn Freeman) p.39
  • EU Approves European Divorce Enhanced Co-operation (David Hodson) p.65
  • International Round Table on Family Mediation (Lisa Parkinson) p.70
  • Resolution International Committee: the English Pre-nup: a Different Animal to the European Marriage Contract? (Charlotte Bradley) p.73
  • Hague Conference Update Permanent Bureau of the Hague Conference p.75
  • European Case Law Update 2010 Claire Simmonds p.77

……

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
  • Labour Market Flexibility, Migration, and Inflexible Social Protection in the SADC Region (Elmarie Fourie & Nicola Smit) p.41
  • Impact of Labour Law on South Africa’s New Corporate Rescue Mechanism (Tronel Joubert, Stefan van Eck & David Burdette) p.65
  • Chilean Labour Law 1990-2010: Twenty Years of Both Flexibility and Protection (Sergio Gamonal) p.85
  • Performance-Related Pay and Employees Responses in the Chinese Education System (Binhua (Eva) Huang & Jie Shen) p.95

……

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

  • Collaborative imperatives, elusive dialogues (Alicia Ely Yamin and Alec Irwin) p.1

CRITICAL CONCEPTS – ALICIA ELY YAM IN, EXECUTIVE EDITOR

  • The right to sutures: Social epidemiology, human rights, and social justice (Sridhar Venkatapuram, Ruth Bell, and Michael Marmot) p.3
  • The social determinants of health, health equity, and human rights (Audrey R. Chapman) p.17
  • Social conditions, health equity, and human rights (Paula Braveman) p.31

HEALTH AND HUMAN RIGHTS IN PRACTICE – ARLAN FULLER AND EVAN LYON, EXECUTIVE EDITORS

  • 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
  • Correlates of violence in Guinea’s Maison Centrale Prison: A statistical approach in documenting human rights abuses (Ronald E. Osborn) p.73
  • Developing human rights-based strategies to improve health among female sex workers in Rwanda (Agnès Binagwaho, Mawuena Agbonyitor, Aim….) p.89
  • Nurses’ impoliteness as an impediment to patients’ rights in selected Kenyan hospitals (Benson Oduor Ojwang, Emily Atieno Ogutu,….) p.101
  • Human rights consequences of mandatory HIV screening policy of newcomers to Canada (Laura M. Bisaillon) p.119
  • Sex trafficking and health care in Metro Manila: Identifying social determinants to inform an effective health system response (Timothy P. Williams, Elaine J. Alpert, R….) p.135

……

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

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

……

IGENTA Database Articles on International Law

(Apr. 05, 2011)

Record 1.

TI: Law, Power and Justice: What Legalism Fails to Address in the Functioning of Rwandas Gacaca Courts

AU: Thomson, Susan; Nagy, Rosemary

JN: International Journal of Transitional Justice

PD: 29 March 2011

VO: 5

NO: 1

PG: 11-30(20)

PB: Oxford University Press

IS: 1752-7716

Record 2.

TI: The Role of the Victim in the Criminal Process A Paradigm Shift in National German and International Law?

AU: Safferling, Christoph

JN: International Criminal Law Review

PD: March 2011

VO: 11

NO: 2

PG: 183-215(33)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

Record 3.

TI: The Evolution of International Criminal Law: Prosecuting ‘New’ Crimes before the Special Court for Sierra Leone

AU: Wharton, Sara

JN: International Criminal Law Review

PD: March 2011

VO: 11

NO: 2

PG: 217-239(23)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

Record 4.

TI: For Further Research on the Relationship between Cultural Diversity and International Criminal Law

AU: Raimondo, Fabian O.

JN: International Criminal Law Review

PD: March 2011

VO: 11

NO: 2

PG: 299-314(16)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

Record 5.

TI: Judicial Discretion in ECCC Decisions on Pre-trial Detention against the Backdrop of the Case-law of the International Criminal Tribunals

AU: Starygin, Stan

JN: International Criminal Law Review

PD: March 2011

VO: 11

NO: 2

PG: 315-358(44)

PB: Martinus Nijhoff Publishers

IS: 1567-536X

Record 6.

TI: On Terence C. Halliday and Bruce G. Carruthers Bankrupt: Global Lawmaking and Systemic Financial Crisis. Stanford, Stanford University Press, 2010

AU:

JN: Socio-Economic Review

PD: 2 April 2011

VO: 9

NO: 2

PG: 371-394(24)

PB: Oxford University Press

IS: 1475-1461

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

Record 7.

TI: An essay on the Accountability of International Organizations

AU: Parish, Matthew

JN: International Organizations Law Review

PD: December 2010

VO: 7

NO: 2

PG: 277-342(66)

PB: Martinus Nijhoff Publishers

IS: 1572-3739

Record 8.

TI: Collaborating with the United nations: Does Flexibility Imply Informality?

AU: Fromageau, Edouard

JN: International Organizations Law Review

PD: December 2010

VO: 7

NO: 2

PG: 405-439(35)

PB: Martinus Nijhoff Publishers

IS: 1572-3739

Record 9.

TI: The Law of Laws

AU: Eleftheriadis, Pavlos

JN: Transnational Legal Theory

PD: December 2010

VO: 1

NO: 4

PG: 597-618(22)

PB: Hart Publishing

IS: 2041-4005

Record 10.

TI: Armed Conflicts in Africa and Western Complicity: A Disincentive for African Union’s Cooperation with the ICC

AU: Eberechi, Ifeonu

JN: African Journal of Legal Studies

PD: November 2009

VO: 3

NO: 1

PG: 53-76(24)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 2210-9730

Record 11.

TI: Evidence in International Criminal Trials: Lessons and Contributions from the Special Court for Sierra Leone

AU: Hassan-Morlai, Patrick Matthew

JN: African Journal of Legal Studies

PD: November 2009

VO: 3

NO: 1

PG: 96-118(23)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 2210-9730

Record 12.

TI: The Foundations of Rights in the African Charter on the Rights and Welfare of the Child: A Historical and Philosophical Account

AU: Kaime, Thoko

JN: African Journal of Legal Studies

PD: November 2009

VO: 3

NO: 1

PG: 120-136(17)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 2210-9730

Record 13.

TI: Executive Summary

AU:

JN: SourceOECD Agriculture Food

PD: October 2009

VO: 2009

NO: 12

PG: 5-10(6)

PB: Organisation for Economic Co-operation and Development

IS: 1608-0149

Record 14.

TI: Crimes Against Humanity: Directing Attacks Against A Civilian Population

AU: Eboe-Osuji, Chile

JN: African Journal of Legal Studies

PD: Fall 2008

VO: 2

NO: 2

PG: 118-129(12)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 2210-9730

Record 15.

TI: The Challenge of Colonialism: Grotius and Vitoria on Natural Law and International Relations

AU: van Gelderen, Martin

JN: Grotiana

PD: 1 June 1993

VO: 14

NO: 1

PG: 3-37(35)

PB: BRILL

IS: 0167-3831

Record 16.

TI: Grotius Topical, or the Import of Antiquity into the International Law of Europe

AU: Ziegler, Karl-Heinz

JN: Grotiana

PD: 1 June 1991

VO: 12

NO: 1

PG: 78-87(10)

PB: BRILL

IS: 0167-3831

IV. Blogs/Reviews (select items)

Bruce Ackerman and Yochai Benkler, Private Manning’s Humiliation, New York Review of Books (Apr. 28, 2011)

Jess Miller, Ocean Dumping: Fukushima Far From Under Control, Making Waves (Greenpeace)(Apr. 5, 2011)

Jennifer Morgan, Breathing New Life into the Bangkok Climate Talks, AlertNet Blogs (5 Apr 2011)

World Resources Institute, New Initiative Uses Environmental Lens to Promote Government Transparency in Key African Countries, WRI (Apr. 5, 2011)

UN Watch, 45 rights groups urge UN Human Rights Council to fire Qaddafi-linked officials Ziegler & Al-Hajjaji, UN Watch (Apr. 5, 2011)

Penelope Chester, Cote d’Ivoire Round-Up, UN Dispatch (Apr. 5, 2011)

Jonathan Kaufman, Ruggie’s Guiding Principles Fail to Address Major Questions of Obligations and Accountability, EarthRights International (Apr. 5, 2011)

David G. Victor, Why the UN Can Never Stop Climate Change, guardian.co.uk (4 Apr 2011)

Kevin Jon Heller, Kenya’s Latest Attempt to Invoke Complementarity, Opinio Juris (Apr. 4, 2011)

Roger Alford, The Interplay of Chevron Deference and Charming Betsy, Opinio Juris (Apr. 4, 2011)

An Interview with Lucy Reed, Profiles (Harvard International Law Journal Online)(Apr. 4, 2011)

Library of Congress, European Court of Justice / France: Preliminary Ruling Finds France’s Ban on Genetically Modified Corn Illegal, Global Legal Monitor (Apr. 4, 2011)

Louis M. Solomon, No Jurisdiction of Non-U.S. Sovereign Instrumentality on Alter-Ego Grounds, OneWorld International Practice Blog (Apr. 4, 2011)

Graeme Hall, Reform of the European Court of Human Rights: response to a modest proposal, UK Human Rights Blog (Apr. 4, 2011)

Melina Pardon, Police, Protests and Other Hot Potatos – The Human Rights Roundup, UK Human Rights Blog (Apr. 4, 2011)

William A. Schabas, Richard Goldstone Did Not Retract the Report, PhD Studies in Human Rights (4 Apr 2011)

Jonathan Kaufman, A Blueprint for Responsible Conduct: What I Like About Ruggie’s Guiding Principles, EarthRights International (Apr. 4, 2011)

Linda A. Malone, Responsibility to Protect, Libya to Japan, IntLawGrrls (Apr. 4, 2011)

Orde Kittrie, Nuclear Trafficking as an International Crime?, Opinio Juris (Apr. 4, 2011)

Penelope Chester, Cote d’Ivoire: From Protracted Crisis to Fast-Moving Conflict, UN Dispatch (Apr. 3, 2011)

Nicolas Pelham, The Battle for Libya, New York Review of Books, Vol. 58, No. 6 (Apr. 7, 2011)

Simon Lester, GATT Article XX and the Domestic Production of Environmental Goods, International Economic Law and Policy Blog (Apr. 3, 2011)

Jake Schmidt, Developing Countries are Reaffirming Their Commitments to Reduce Their Global Warming Pollution (Part 1), NRDC Switchboard (Apr. 3, 2011)

Bill Hewitt, Economic Development in the Arctic, Climate Change (Apr. 2, 2011)

Abebe A. Mulugeta, A Landmark Ruling of the African Court on Human and Peoples’ Rights on Libya, International Law Observer (Apr. 2, 2011)

Bill McKibben, Natural Disasters?, guardian.co.uk (2 Apr. 2011)

Dov Jacobs, New Controversial Laws in Israel: Some Thoughts, Spreading the Jam (Apr. 1, 2011)

Jake Schmidt, International Action on Global Warming: Where is it Headed in 2011?, NRDC SwitchBoard (Apr. 1, 2011)

Don Anton, ICJ Dismisses Georgia’s Case against Russia under the Racial Discrimination Convention, International Law Roundtable (Apr. 1, 2011)

Richard Toye, Helping Refugees After World War II, NYTimes Sunday Book Review (Apr. 1, 2011)

Lesley Downer, Casualties of China’s One Child Policy, NYTimes Sunday Book Review (Apr. 1, 2011)

Adam Hochschild, Explaining Congo’s Endless Civil War, NYTimes Sunday Book Review (Apr. 1, 2011)

Henry A. Kissinger, Otto Von Bismarck, Master Statesman, NYTimes Sunday Book Review (Mar. 31, 2011)

Scott Horton, Mission Creeps: John Yoo and Robert Delahunty’s Tortured Logic on Barack Obama’s Libya Strategy, Argument (Foreign Policy)(Mar. 31, 2011)

Dapo Akande, Does SC Resolution 1973 Permit Coalition Military Support for the Libyan Rebels?, EJIL: Talk! (Mar. 31, 2011)

Robert Chesney, Sylvester on US Response to the Recommendations of the UN Human Rights Council, Lawfare (Mar. 31, 2011)

Margaret deGuzman, Bensouda on ICC Prosecutions, IntLawGrrls (Mar. 31, 2011)

Katherine Morton, China and Non-Traditional Security – Toward What End?, East Asia Forum (Mar. 31, 2011)

Steven Kay, Initial Appearance At the International Criminal Court, International Criminal Law Bureau (Mar. 31, 2011)

James Harrison, Maritime Interdiction to Support the Libyan Arms Embargo, International Law Observer (Mar. 31, 2011)

James Harrison, The Legality of Arming Rebels in Libya, International Law Observer (Mar. 31, 2011)

Anne-Marie Slaughter, Interests vs. Values? Misunderstanding Obama’s Libya Strategy, NYRBlog (Mar. 31, 2011)

Don Anton, African Court on Human and Peoples’ Rights Orders Provisional Measures Against Libya, International Law Roundtable (Mar. 31, 2011)

Robert Stavin, Internationally Linking Carbon Trading Systems Is The Wave of the Future, Grist (31 Mar 2011)

Simon Billenness, Big Oil, Poisoned Water, And Nigeria, Human Rights Now (Amnesty International)(Mar. 31, 2011)

Marko Milanovic, Can the Allies Lawfully Arm the Libyans Rebels?, EJIL Talk! (Mar. 30, 2011)

Lt. Col. Stephen Abraham (US Army, ret.), The Guantanamo Executive Order: Thinly Veiled Injustice, Jurist Forum (Mar. 30, 2011)

Charles Emmerson, Russia’s Arctic Opening, Foreign Policy Argument (Mar. 30, 2011)

Michael W. Lewis, How Should the Conflict in Libya be Categorized?, Opinio Juris (Mar. 30, 2011)

Toni Johnson, Nuclear Power Safety Concerns, Backgrounder (Council on Foreign Relations) (Mar. 30, 2011)

Kenneth Anderson, CIA on the Ground in Libya, Volokh Conspiracy (Mar. 30, 2011)

Katherine Nightengale, Disasters, Poverty and Vulnerability, ALANP (Mar. 28, 2011)

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

United Nations Environment Programme, Enabling Conditions Supporting the Transition To A Global Green Economy (2011)[released 5 Apr 2011]

David Freestone, Mauritius Brings UNCLOS Arbitration Against The United Kingdom Over the Chagos Archipelago, ASIL Insights, vol. 15, issue 8 (Apr. 5, 2011)

Foreign and Commonwealth Office, Human Rights and Democracy: The 2010 FCO Report (1 Apr 2011)

Public International Law Policy Group, Peace Negotiations Watch, Vol. X, No. 13 (Apr. 1, 2011)

Security Council Report, Monthly Forecast (Apr. 2011)

Svetlana L. Kopylova and Natalia R. Danilina, eds., Protected Area Staff Training Guidelines for Planning and Management, IUCN Best Practice Protected Area Guidelines Series No. 17 (Apr. 2011)

American Society of International Law, ILpost (Mar. 31, 2011)

U.S. Government Accountability Office, Refugee Assistance: Little Is Known about the Effectiveness of Different Approaches for Improving Refugees’ Employment Outcomes, GAO (GAO-11-369 March 31, 2011)

International Centre for Trade and Sustainable Development, Bridges Weekly Trade News Digest, Vol. 15, No. 11 (30 Mar 2011)

IISD, Linkages Update, Issue #165 (30 Mar 2011)

Christopher Blanchard, Libya Unrest and U.S. Policy, Congressional Research Service (Mar. 29, 2001)

Jeremiah Gertler, Operation Odyssey Dawn (Libya): Background and Issues for Congress, Congressional Research Service (Mar. 28, 2001)

UN Water, Newsletter 4 (Mar. 29, 2011)

Secretariat of the Convention on Biological Diversity (CBD), Biosafety Protocol News, Issue 8 (Mar. 28, 2011)

John Talberth, Logan Yonavjak, Forests at Work: A New Model for Local Land Protection, World Resources Institute (Mar. 2011)

Secretariat of the Convention on Biological Diversity has just released Vol. 14 of its REDD-plus and Biodiversity e-Newsletter. It is available at: http://www.cbd.int/forest/newsletters/redd-14.htm

International Commission of Jurists, E-Bulletin on Counter-Terrorism & Human Rights, No. 51 (Mar. 2011)

FAO, InfoSylva: Forestry News Clippings, No.6 (Mar. 2011)

UNEP, GRID Arendal, Marine Newsletter #16 (Mar. 2011)

Global Forest Coalition, Forest Cover, Issue No. 37 (Mar. 2011)

WRI, CCS Demonstration in Developing Countries: Priorities for a Financing Mechanism for Carbon Dioxide Capture and Storage (2011)

from WRI Publications Feed: All by Maggie Barron

IUCN, Off the Shelf, IUCN Publications (Mar. 2011)

World Bank, e-Atlas of Global Development (launched Mar 2011)(webtool)

Wuppertal Institute, JIKO Info, Newsletter for the Project on Joint Implementation and CDM, Vol. 9, Issue 1 (Jan-Mar 2011)

U.S. National Intelligence Council (NIC) and the European Union Institute for Security Studies (EUISS), Global Governance 2025: At A Critical Juncture (2010)

VI. Podcasts/Videos

Eric Holder, Alleged 9/11 Conspirators to Face Military Trials, PBS News Hour (Apr. 4, 2011)

National Public Radio, Tracing Origins of Humanitarian Interventions, All Things Considered (Apr. 3, 2011)

Associated Press, Koran Protests Spread to Turbulent East Afghanistan, WORLD and WORLD (Apr. 3, 2011)

Richard K. Betts, The World Ahead: Conflict or Cooperation?, Carnegie Council (Mar. 30, 2011)

California Academy of Sciences, BioForum: Climate Change and Ecosystems, FORA.tv (Mar. 19, 2011)

Simon Chesterman, One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty, Carnegie Council (Mar. 22, 2011)(brilliant former student of mine)(also text at Carnegie Council)

VII. Documents/Negotiations

General Assembly, Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, General Assembly Official Records Sixty-sixth Session

Supplement No. 33 (2011)

Intergovernmental Preparatory Committee for the Fourth United Nations Conference on the Least Developed Countries, Second session, Informal consultations on the draft outcome document

[Documents ACONF.219IPCL.2, ACONF.219IPC6, ACONF.219IPC7, ACONF.219IPC8, ACONF.219IPC10 and A6666-E201178] (5 Apr 2011)

Statement by Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, on the Situation in Cote d’Ivoire, United States Mission to the United Nations (Apr. 4. 2011)

63rd Meeting of the Executive Committee of the Multilateral Fund for the Montreal Protocol (4-8 Apr 2011)

IISD Reporting Services, Fifth session of the Preparatory Commission for the International Renewable Energy Agency (IRENA)(3 Apr 2011); First session of the Assembly of IRENA (4-5 April 2011), Linkages.

Meeting of the UN System Chief Executives Board for Coordination (1-2 Apr 2011)

Security Council, Letter from the Permanent Representative of Italy on the Implementation of SC Res 1973, U.N. Doc. S/2011/216 (1 Apr 2011)

United Nations Commission on International Trade Law, Legal and regulatory issues surrounding microfinance, Note by the Secretariat, U.N. Doc. A/CN.9/727 (1 Apr 2011)

United Nations Commission on International Trade Law, Proposal by the United Nations Conference on Trade and Development (UNCTAD), Strengthening awareness and use of alternative dispute resolution methods in the settlement of investment disputes, U.N. Doc. A/CN.9/734 (30 Mar 2011)

UN Framework Convention on Climate Change, Ad Hoc Working Group on Long-term Cooperative Action under the Convention, State Views on the items relating to a work programme for the development of modalities and guidelines listed in decision 1/CP.16, paragraph 46, U.N. Doc. FCCC/AWGLCA/2011/Misc.6 (30 Mar 2011)

Security Council, [Letters from NATO re S.C. Res. 1973], U.N. Doc. S/2011/203 (30 Mar 2011)

Security Council, S.C. Res. 1975, S/RES/1975 (2011)(30 Mar 2011)(Côte d’Ivoire, Chap VII sanctions)

Security Council, Twenty-seventh progress report of the Secretary-General on the United Nations Operation in Côte d’Ivoire, U.N. Doc. S/2011/211 (30 Mar 2011)

Security Council, [Letters from ECOWAS re S.C. Res. 1973], U.N. Doc. S/2011/200 (29 Mar 2011)

Economic and Social Council, Strengthening of institutional arrangements to promote international cooperation in tax matters, including the Committee of Experts on International Cooperation in

Tax Matters Report of the Secretary-General, U.N. Doc. E/2011/76 (18 Mar 2011)

UN Framework Convention on Climate Change, Report of the Conference of the Parties on its sixteenth session, held in Cancun from 29 November to 10 December 2010, Part One: Proceedings, U.N. Doc. FCCC/CP/2010/7 (15 Mar 2011)

United Nations Secretary-General’s Eminent Persons Group on the Least Developed Countries, Compact for Inclusive Growth and Prosperity, UNLDC-IV and UN-OHRLLS (15 Mar 2011)

U.S. Department of State, Report of the United States of America Submitted to the U.N. High Commissioner for Human Rights In Conjunction with the Universal Periodic Review Response to the U.N. Human Rights Council Working Group Report (Mar. 10, 2011)

Human Rights Council, Report of the Special Rapporteur on torture and other cruel,

inhuman or degrading treatment or punishment, Summary of information, including individual cases, transmitted to Governments and replies received, U.N. Doc. A/HRC/16/52/Add.1 (1 Mar 2011)

UN Framework Convention on Climate Change, Subsidiary Body for Scientific and Technological Advice, Report of the Subsidiary Body for Scientific and Technological Advice on its thirty-third session, held in Cancun from 30 November to 4 December 2010, U.N. Doc. FCCC/SBSTA/2010/3 (1 Mar 2011)

UN Framework Convention on Climate Change, Subsidiary Body for Implementation Report of the Subsidiary Body for Implementation on its thirty-third session, held in Cancun from 30 November to

4 December 2010, U.N. Doc. FCCC/SBI/2010/27 (1 Mar 2011)

Forestry Information Centre of the Food and Agriculture Organization of the UN (FAO), Guide on the Implementation of International Standards for Phytosanitary Measures (ISPMs) in Forestry, FAO Forestry Paper 164 (2011)

Economic and Social Council, Committee of Experts on Public Administration, Public governance for results: State capacity for post-conflict and post-disaster reconstruction and social protection policies

Note by the Secretariat, U.N. Doc. E/C.16/2011/3 (18 Jan 2011)

Megan C. Brand, International Cooperation and the Anti-Trafficking Regime, Refugee Studies Centre, Working Paper No. 71 (Dec. 2010)

VIII. Media/Press Releases (select items)

April 5

Dan Bilefsky, Recent U.N. Action Shows Policy Shift, Analysts Say, New York Times (Apr. 5, 2011)

Alexei Barrionuevo, Brazil Rejects Panel’s Request to Stop Dam, New York Times (Apr. 5, 2011)

Associated Press, OAS Rights Group Urges Brazil to Stop Building Amazon Dam Until Locals, Environment Addressed, WORLD (Apr. 5, 2011)

Western Sahara: Appeal for Human Rights Monitoring in Minurso Mandate, allAfrica.com (5 Apr 2011)

James Dao, American Soldier is Denied Asylum in Germany, At War (New York Times)(Apr. 5, 2011)

Owen Bowcott, Kenyans Sue UK for Alleged Colonial Human Rights Abuses, guardian.co.uk (5 Apr 2011)

Svebor Kranjc, ICC Prosecutor Wants Ivory Coast Atrocities Referred, AlertNet (5 Apr 2011)

COTE D’IVOIRE: Who is responsible for the Duékoué killings?, IRIN (Apr. 5, 2011)

Alexi Anishchuck, Moscow Questions Use of Force in Ivory Coast, AlertNet (5 Apr 2011)

Reuters, France Says Its Ivory Coast Action Only on UN Orders, AlertNet (5 Apr 2011)

Aaron Gray-Block, Gaddafi Pre-Planned Attacks on Civilians – Prosecutor, AlertNet (5 Apr 2011)(also Jurist Paper Chase Newsburst)

UPI, Minister Apologizes for Sea Contamination, UPI.com (Apr. 5, 2011)

AlertNet, Thailand Wants Myanmar Asylum Seekers to Go Home, AlertNet (5 Apr 2011)

Thin Lei Win, Competing Efforts Hurt UN Climate Adaption Work: ActionAid, AlertNet (5 Apr 2011)

Andrew Callus, Poor Nations Seek Exemption From Food Export Bans, AlertNet (5 Apr 2011)

Conal Urquhart, Leading Israelis Push for Two-State Solution with New Peace Initiative, guardian.co.uk (5 Apr 2011)(also AlertNet)

Associated Press, France governing party debates the place of Muslims, and religion, in a secular nation, WORLD (Apr. 5, 2011)

David Stringer, U.K. To Press U.S. Over Treatment of Wikileaks Suspect, The Seattle Times (Apr. 5, 2011)(also guardian.co.uk)

Melissa Eddy, Exhibit Marks 50 Years Since Eichmann Trial, Forbes.com (Apr. 5, 2011)

Associated Press, Ecuador Expels US Ambassador in Wikileaks Flap, msnbc.com (Apr. 5, 2011)(also New York Times, CNN, guardian.co.uk, wikileaked)

Reuters, US Envoy to Libyan Opposition Arrives in Benghazi, AlterNet (5 Apr 2011)

Marcia Dunn, Space Junk Threatening Space Station, 3 Residents, Forbes.com (Apr. 5, 2011)

Associated Press, Ozone Layer Faces Record Loss Over Arctic, NPR (Apr. 5, 2011)(also UN News Centre, Yale e360)

April 4

CNN, Apology for Dumping Radioactive Water, CNN (Apr. 4, 2011)

Carl Zimmer, Multitude of Species Face Climate Threat, New York Times (Apr. 4, 2011)

Jennie Ryan, Dutch Court Upholds Ban on Religious Headscarves in Catholic School, Jurist Paper Chase Newsburst (Apr. 4, 2011)

Reuters, Ban Ki-moon Says U.N. Not a Party I. Coast Conflict, AlertNet (Apr. 4, 2011)

Adam Nossiter, U.N. and France Strike Leader’s Forces in Ivory Coast, New York Times (Apr. 4, 2011)

UN News Service, Côte d’Ivoire: Ban instructs UN troops to take all necessary steps to protect civilians, UN News Centre (4 April 2011)

Ann Riley, Holder Announces 9/11 Conspirators to Face Military Trials, Jurist Paper Chase Newsburst (Apr. 4, 2011)

UPI, Nicaragua to file Complaint on Costa Rica, UPI.com (Apr. 4, 2011)

Pete Harrison, Canada Warns EU of Trade Conflict over Oil Sands, AlertNet (4 Apr 2011)

Ange Aboa and Loucoumane Coulibaly, France Sends in Troops as Ivory Coast End Game Nears, AlertNet (4 Apr 2011)(also AlertNet here)

UPI, Spanish Judge Issues Warrant for [Guatemalan] Officer, UPI.com (Apr. 4, 2011)(also Jurist Paper Chase Newsburst)

Rachel Armstrong, Japan Nuclear Crisis to Trigger Huge Civil Damages Claims, AlertNet (4 Apr 2011)

Associated Press, UN Official: Goldstone Must Request Repeal of Gaza War Crimes Report Before It Can Be Cancelled, WORLD (Apr. 4, 2011)(also New York Times and further developments at New York Times)

Jonathan Watts, Japan Nuclear Plant to Release Radioactive Water into Sea, guardian.co.uk (4 Apr 2011)

UPI, Italy Officially Recognizes Libyan Rebels, UPI.com (Apr. 4, 2011)(also Los Angeles Times)

Reuters, Kuwait to Recognize Libyan Rebels Within Days – Formin, AlterNet (Apr. 4, 2011)

Associated Press, Kenya Asks International Court to Drop Post-election Violence Cases Against 6 Leaders, WORLD (Apr. 4, 2011)(also Jurist Paper Chase Newsburst)

Chris McGreal, Lockerbie Lawyer Meets Libyan Rebels Over Evidence of Gaddafi Involvement, guardian.co.uk (4 Apr 2011)

UPI, Saudi Action in Bahrain Illegal, Iran Says, UPI.com (Apr. 4, 2011)

Debra Cassens Weiss, Will GE Be Liable in Design of Japanese Nuclear Plants? Law Prof Questions Traditional Wisdom, Law News Now (ABA Journal)(Apr. 4, 2011)

Fiona Harvey, World Bank To Limit Funding for Coal-Fired Power Stations, guardian.co.uk (4 Apr 2011)

Fred Oluoch, EAC Draft Law For a Single Political Unit on the Way, but Fears Abound, The East African (Apr. 4, 2011)(also allAfrica.com)

Yoko Kubota and Yoko Nishikawa, Japan’s TEPCO Told to Hurry to Stop Radiation Leaks, Tries Bath Salts, AlertNet (4 Apr 2011)

CNN Wire Staff, Fence in Pacific to try to Corral Radiation Coming from Nuclear Plant, CNN (Apr. 4, 2011)

April 3

Alawi Masare, Block Somali Pirate, EAC Member Countries Urged, allAfrica.com (3 Apr 2011)

Francis Mureithi, Kenya: Bill Seeks to Stamp Out Female Genital Mutilation, allAfrica.com (1 Apr 2011)

Maria Luz Ayala, Columbian Community Prepares to Sell Forest Carbon Credits, AlertNet (4 Apr 2011)

Jennifer Mascia, Born of Pirate Radio, Seeking a Spot on British Dial, New York Times (Apr. 3, 2011)

Dan Fogarty, Japan Nuclear Crisis To Impact UN Climate Talks – EU, AlertNet (3 Apr 2011)

Tim Cocks, Ouattara Rejects Ivory Coast Massacre Allegation, Reuters (Apr. 3, 2011)

Associated Press, U.N. Evacuates 200 Ivory Coast Staff, Wall Street Journal (Apr. 3, 2011)(also guardian.co.uk)

Reuters, Japan Says It May Take Months to End Radiation Leaks, AlertNet (3 Apr 2011)(also guardian.co.uk)

Yaroslav Trofimov and Maria Abi-Habib, Patraeus Says Quran Burning Endangers War Effort, Wall Street Journal (Apr. 3, 2011)(also CNN)

Robyn Dixon, As Many As 1000 Killed in Ivory Coast Town, Red Cross Says, Los Angeles Times (Apr. 3, 2011)

April 2

Nazu Musau, State Files Request to Stop ICC Cases, The Star (Nairobi)(2 Apr 2011)

Associated Press, Turkey’s Plan to Build Nuclear Power Plant Near Fault Zone Upsets Mediterranean Neighbors, WORLD (Apr. 2, 2011)

Frank Kanyesigye, EAC Seek Cooperation in Disaster Management, allAfrica.com (2 Apr 2011)

Harmeet Shah Singh, India Combats Sex-Selective Abortion As Gender Ratio Looses Balance, CNN (Apr. 2, 2011)

Reuters, Israel Urges U.N. to Cancel Gaza War Crimes Report, AlertNet (2 Apr 2011)(also Jurist Paper Chase Newsburst)

Associated Press, Head of UN Panel Reconsiders Findings on Israel’s Conduct in Gaza War, WORLD (Apr. 2, 2011)(also guardian.co.uk, New York Times, Los Angeles Times, All Things Considered)

Geraldine Coughlin, US Supports International Justice, Radio Netherlands Worldwide (2 Apr 2011)

Hiroko Tabuchi and Ken Belson, Regulator Says Radioactive Water Leaking into Ocean from Japanese Nuclear Plant, New York Times (Apr. 2, 2011)(also CNN, WORLD, guardian.co.uk)

April 1

Morgan Roach & Ray Walse, What Obama Must Do To Help Southern Sudan, The Independent (Uganda)(1 Apr 2011)

Brian Vastag, As Fukushima Fallout Circles the Globe, Nuclear Sleuths Sift It For Clues, Washington Post (Apr. 1, 2011)

Associated Press, UN Security Council Condemns Deadly Attack on UN Compound in Afghanistan in “Strongest Terms”, WORLD (Apr. 1, 2011)(also Reuters, WORLD)

Tony Juniper, A Historic Move in Battle to Save Tropical Rainforests, guardian.co.uk (1 Apr 2011)

UPI, Israel Asks UN To Block Gaza Floatilla, UPI.com (Apr. 1, 2011)(also Reuters)

Associated Press, Argentine Judge Rules That Turkey Committed “Armenian Genocide,” Orders Help for Descendant, WORLD (Apr. 1, 2011)

Reuters, Air Strikes Crime Against Humanity, Libya says, AlertNet (1 Apr 2011)

UPI, UN Expresses Concern About Asylum Bill, UPI.com (Apr. 1, 2011)

UPI, Special Report: ASEAN Disunity Weakening China Relations, UPI.com (Apr. 1, 2011)

JS/AM/MW, Kenya: In the Dock Over Torture, Murder Claims, IRIN (1 Apr 2011)

Reuters, Nicaraguan Drops Plans To Become Libyan UN Envoy, AlertNet (1 Apr 2011)

United Nations Environment Programme, UNEP and WFP Combine Forces By Signing Agreement, UNEP News Centre (1 Apr 2011)

Andrea Bottoroff, ICJ Dismisses Case on Georgia-Russia Conflict, Jurist Paper Chase Newburst (Apr. 1, 2011)(also UN News Centre)

March 31

Michael Neocosmos, Africa: Mass Mobilisation, Democratic Transition, and Transitional Violence, allAfrica.com (31 Mar 2011)

Reuters, World Trade Talks on the Verge of Failure – WTO’s Lamy, AlertNet (31 Mar 2011)

Ann Riley, US to Seek Second Term on UN Rights Council, Jurist Paper Chase Newsburt (Mar. 31, 2011)

Natural Environment Research Council, Human Impacts on the Marine Ecosystems of Antarctica, National Oceanography Centre (Mar. 31, 2011)

The Citizen, Kenya Opens Carbon Exchange for the Continent to Earn Dividends, allAfrica.com (31 Mar 2011)

Horace Campbell, Libya: U.S. Military and Africom – Between the Rocks and Crusaders, allAfrica.com (31 Mar 2011)

Reuters, Under Pressure, UN Nuclear Body Seeks Safety Role, AlertNet (31 Mar 2011)

Associated Press, African Union Court on Human Rights Orders Libya to Stop Killing, Report Back to Court, WORLD (Mar. 31, 2011)

March 30/29

UN News Service, UN meeting on Japanese nuclear crisis in June will tackle political impact, UN News Centre (30 Mar 2011)

Sudan Tribune, Ethiopia: Hundreds of Groups Join In Protest Against Mega Dam, allAfrica.com (30 Mar 2011)

UN News Service, Demanding End To Violence In Côte d’Ivoire, Security Council imposes targeted sanctions, UN News Centre (30 Mar 2011)

Dan Taglioli, Federal Appeals Court Overturns Release Order For Yemeni Guantanamo Detainee, Jurist Paper Chase Newsburst (Mar. 30, 2011)

Robert F. Worth, On Libya’s Revolutionary Road, New York Times Magazine (Mar. 30, 2011)

Daily Trust, Breaking the Ivory Coast Stalemate, allAfrica.com (29 Mar 2011)

Nairobi Star, Kenya MPs Warn Against ICC Arrests, allAfrica.com (29 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

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