Anton’s Weekly Digest of International Law, Vol. 2, No. 17 (5 May 2011)

Anton’s Weekly Digest of
International Law

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

Vol. 2, No. 17
(5 May 2011)

A PDF VERSION OF THIS ISSUE OF THE DIGEST IS HERE

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Contents

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

A. New and Recent Scholarship
B. Older Items Uploaded This Week

II. Books
III. Journals
IV. Blogs/Comment/Review (select items)
V. Podcasts/Videos
VI. Gray Literature/Newsletters/Webtools
VII. Documents/Negotiations
VIII. Press Releases (select items)
IX. Media (select items)


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

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

A. New and Recent Research

Are Institutions and Empiricism Enough? A Review of Allen Buchanan, Human Rights, Legitimacy, and the Use of Force

Matthew J. Lister 
University of Pennsylvania Law School
Transnational Legal Theory, Forthcoming
U of Penn Law School, Public Law Research Paper No. 11-18

[posted May 3, 2011]

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to Buchanan’s argument that the philosophy of international law must be more “empirically informed” than it has been so far, and also to his claim that greater emphasis must be placed on the role of institutions. While these are important claims, I show that Buchanan often does not take the first far enough, and that appealing to institutions cannot do as much as Buchanan hopes or needs if his substantive conclusions are to be correct.

……

China’s Economic Rise and Regional Trade

Rafael Leal-Arcas 
Queen Mary University of London – School of Law
APEC AND THE RISE OF CHINA, pp. 93-120, L. Ho and J. Wong, eds., World Scientific, 2011

[posted May 3, 2011]

In the context of a current global economic crisis and an unfinished World Trade Organization (WTO) Doha Round, multilateralism is at its weakest point. The proliferation of bilateral and regional trade agreements seems to be the natural consequence of failed multilateralism. In this difficult context, this chapter argues that the attitude of China – one of the three global economic superpowers – to multilateralism is questionable or unclear. China poses a major challenge to the world economy by virtue of being a new global economic superpower. . . . As opposed to playing a proactive role in the world trading system, China attempts to establish itself as a gravity center in Asia by concluding many low-quality, politically motivated bilateral free-trade agreements in the region (for example, the China-ASEAN FTA or China in the APEC context). In this sense, the chapter argues that China’s trade policy strategy is the creation of a powerful Asian trading bloc, given China’s strong position in Asia. In fact, few regional initiatives are undertaken by other countries without first considering what China thinks or how China might react. If multilateralism continues to weaken, the likelihood of an East Asia Free Trade Area led by China within the next decade is very high as part of China’s strategy of promoting regional identity. Should this crystallize, one could envisage a tripolar global trade regime with a new Asian pole to counteract the already existing power centers in the European Union and the U.S. Moreover, it would most likely mean further deterioration of the current multilateral trading system. Furthermore, China’s policy towards regional trade agreements will have a major impact on the international trading system, the debate about regionalism and multilateralism, and the policy of the WTO concerning regional trade agreements.

……

Saving Haiti’s Children from Hell

Warren Binford 
Willamette University College of Law
May 2, 2011

[posted May 2, 2011]

Haiti’s devastating earthquake in January 2010 left thousands of children orphaned and tens of thousands separated from their family. Following the earthquake, foreign militaries, non-governmental agencies, humanitarian aid workers, missionaries, and volunteers descended en masse on the poorest country in the Western Hemisphere to help the victims, especially children, in the midst of the disaster. Unfortunately, some of those who came to help Haiti’s children showed little regard for the domestic and international legal protections in place to protect child victims of disaster. As a result, these individuals, organizations and governments added additional layers of chaos and alienation to these children’s lives. This article explores the international legal protections in place at the time of the earthquake and the ways in which they were violated in order to “save” Haiti’s children from their families, their religion, their culture and their poverty as much as, if not more than, the earthquake itself.

……

A Return to Koskenniemi; or the Disconcerting Co-Optation of Rupture

Paavo Kotiaho 
Erik Castrén Institute of International Law and Human Rights; Finnish Yearbook of International Law
Helsinki Legal Studies Research Paper No. 2

[posted May 2, 2011]

This paper consists of an exposition and study of the evolution of the scholarship of Martti Koskenniemi from his earlier From Apology to Utopia to his later calls for a culture of formalism. This brief study is inspired by an effort related to a broader project which seeks to discover the total aggregate of social and economic laws, which have and continue to (over)determine the conditions of the existence of much left-wing critical legal scholarship in the international law field. Related to this broader project this paper argues that while Koskenniemi’s call for a culture of formalism – understood as the Koskenniemi’s answer to the question: ‘what is the type of legal agency implied by the type of a critical narrative of our profession epitomized in the indeterminacy thesis expounded in From Apology to Utopia’ – does stay faithful to the argument of From Apology to Utopia, it is nevertheless limited – arguably co-opted – by the very system it originally set to critique. For the ‘ultimate question is not which particular content hegemonizes the empty [‘culture of formalism’, PK] (and thus, in the struggle for hegemony, excludes other particular contents); the ultimate question is: which specific content has to be excluded so that the very empty form of [the culture of formalism] emerges as the ‘battlefield’ for hegemony?’ As such, it is argued while Koskenniemi’s call for a culture of formalism – understood somewhat simplistically as the simultaneous commitment to the full mastery of the grammar of international legal argument accompanied with a sensitivity to the uses to which it is put; a synthesis of progressive coolness and passion – may succeed in caressing the international lawyer’s self-esteem, it nevertheless is ‘only by taking the viewpoint of legal fetishism is it possible to think that the legal form of a relationship changes or destroys its real and material essence.’

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Domestic Application of Treaties

David L. Sloss 
Santa Clara University – School of Law
THE OXFORD GUIDE TO TREATIES, Duncan Hollis, ed., Oxford University Press, 2011 
Santa Clara Univ. Legal Studies Research Paper No. 08-11

[posted May 2, 2011]

This paper is a chapter for a forthcoming book, the Oxford Guide to Treaties. The chapter addresses the application of treaties within domestic legal systems. Traditional scholarship on the domestic application of treaties has focused on the distinction between monist and dualist legal systems. Although the monist-dualist framework helps illuminate important formal differences among states, the chapter suggests that scholarly preoccupation with the formal distinction between monism and dualism tends to obscure key functional differences among states. . . .

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Over 5 Billion Not Served: The TRIPS Compulsory Licensing Export Restriction

Cameron J. Hutchison 
University of Alberta – Faculty of Law
University of Ottawa Law & Technology Journal, Vol. 5, No. 1&2, 2008

[posted May 2, 2011]

Disease and environmental destruction are two of the most pressing issues facing humankind in the twenty-first century. We rely on technological innovation and its widespread diffusion, to meet these global challenges. But as breakthrough technologies emerge on these fronts, the TRIPS Agreement frustrates product diffusion by prohibiting compulsory licensing to export markets (article 31(f)). The contribution of this article to the literature on TRIPS compulsory licensing is twofold. First, an economic analysis is employed to argue that article 31(f) is contrary to the patent and trade rationales embodied in the TRIPS Agreement. Specifically, TRIPS expresses a liability rule that balances the incentive to innovate with trade promotion and technological transfer rationales that justify compulsory licensing in situations of international patent abuse. Provided the incentive to innovate is maintained, serious product diffusion shortfalls in export markets can and should be remedied by compulsory licensing. Second, the article probes specific incentive- and diffusion-based factors that should be relevant to export market compulsory licensing. Business reasons for failing to sell or license on reasonable commercial terms are assessed for legitimacy from an incentive promotion perspective. At the same time, product demand must be assessed to gauge the magnitude of product diffusion-based problems in developing country markets. The article concludes by examining exhaustion rules and trade diversion concerns that would be central to a regime of international compulsory licensing.

……

Treaties and the Constitution: Enforcing Treaties Against the States

David L. Sloss 
Santa Clara University – School of Law
Harvard International Law Journal, Forthcoming
Santa Clara University Legal Studies Research Paper No. 09-11

[posted May 2, 2011]

Since the end of the Cold War, the nation’s leading foreign affairs scholars have debated issues involving the domestic application of treaties. The debate implicates fundamental constitutional questions concerning federalism, separation of powers, and individual rights. Central to the debate is the distinction between self-executing and non-self-executing treaties. Despite deep ideological divisions between nationalists and transnationalists, partisans on both sides agree on two points: first, that the “intent of the treaty makers” is the touchstone for self-execution analysis; and second, that Chief Justice Marshall applied the intent-based doctrine in his seminal opinion in Foster v. Neilson. The consensus view is wrong on both counts. Marshall applied the “two-step” approach to self-execution, not the modern intent-based doctrine. The two-step approach distinguishes clearly between questions of international and domestic law. International law governs the content and scope of the nation’s treaty obligations. Domestic law determines which government officers are responsible for domestic treaty implementation. The intent-based doctrine is analytically incoherent because it conflates these distinct international and domestic law inquiries. Courts applying the intent-based doctrine give controlling effect to a fictitious “intent of the treaty makers” – that fictitious intent is a judicial fabrication. Hence, the intent-based doctrine encourages the arbitrary exercise of judicial power. In contrast, the two-step approach applies rational legal principles to decide treaty cases. This article elucidates the two-step approach to self-execution, which shifts the foundations of the debate between nationalists and transnationalists, and sheds new light on broader constitutional treaty issues.

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China’s WTO Accession Revisited: Achievements and Challenges in Chinese Intellectual Property Law Reform

Andrea Wechsler 
Max Planck Institute for Intellectual Property and Competition Law
EUROPEAN YEARBOOK OF INTERNATIONAL ECONOMIC LAW (EYIEL), Christoph/Terhechte Herrmann and Jörg Philipp, eds., Springer, 2012
Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 11-03

[posted May 1, 2011]

With 10 years having passed since China’s accession to the World Trade Organization, the time is ripe for an assessment of the achievements and challenges of China’s Long March towards a modern intellectual property law regime. The following research discusses the role of World Trade Organization accession as driver for IP law reform in China with reference to historical determinants of intellectual property reform, to the role of further bilateral and multilateral external pressures, and with reference to China’s larger innovation agenda. It further assesses achievements and challenges of 30 years of Chinese intellectual property law reform before providing concluding remarks on China’s Long March Forward towards intellectual property policy, law and enforcement.

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A Continuum of Norms? A Brief Discussion of ‘Soft-Law’ in the International Legal Order

Aonghus Heatley 
affiliation not provided to SSRN
April 30, 2011

[posted May 1, 2011]

Within the literature discussing ‘soft law’ one argument made is that soft law forms part of a ‘continuum of obligation’ which ends with ‘hard’ law. Questions can be asked however over both the conceptual strength of this position and whether it is evident in – or determinable from – State practice. This short essay aims to analyse this ‘continuum of obligation’ based upon an analysis of the broader concept of ‘soft law’, consideration of how any norm’s place on any continuum might be observable and whether any legal effects flow from the breach of a soft-law norm, something that might be expected if they are legal norms.

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The Bifurcation of International Law: Two Futures for the International Rule of Law

Andre Nollkaemper 
University of Amsterdam – Amsterdam Center for International Law
THE LAW OF THE FUTURE AND THE FUTURE OF THE LAW, Sam Muller, Stavros Zouridis, Morly Frishman and Laura Kistemaker, eds., Torkel Opsahl Academic Epublisher, 2011
Amsterdam Law School Research Paper No. 2011-05
Amsterdam Center for International Law Working Paper No. 2011-04

[posted April 30, 2011]

This short paper argues that in the next decades we are likely to see a fundamental separation in the form and contents of the international rule of law. In a sizeable, but relatively small group of states, international law transforms itself from its international roots and interconnects and mingles with national law. In these states, we see an integration of the international and the national rule of law. In many other (and indeed most) states, the international rule of law will essentially remain limited to the international level. This paper explores some of the consequences of this bifurcation for the system of international law and its impact on domestic law.

……

Breaking the Internet: International Efforts to Play the Middle Against the Ends: A Way Forward

Robert A. Heverly 
Albany Law School
Georgetown Journal of International Law, Vol. 42, No. 4, 2011

[posted April 30, 2011]

The Internet was originally designed to provide robust transportation protocols for data transmission packets regardless of their content. While many arguments can be (and have been) made in defense of this approach, it is not the only approach. It was and is a choice, though one that has been largely maintained in the short history of the Internet’s existence. Since the widespread adoption of networking technologies worldwide, efforts have been made internationally to fundamentally alter the way in which the Internet functions. A number of strategies or issues have recently come to the forefront in this regard including encryption, ISP data retention, “graduated response” rules, and rendering sites “invisible” by altering network functioning. The Net Neutrality debate is relevant here, as well. . . . These efforts will have unintended consequences in terms of Internet functionality and usefulness. It is not that the design of the Internet should not be changed. Rather, if the Internet’s functioning is to be fundamentally altered, such changes should follow not from a hodgepodge of national and international requirements resulting in a patchwork quilt of separately adopted, interest-based restrictions, but from international discourse focused on the Internet itself, leading to treaty or convention based obligations on those governments who are its participants. To do this properly, an international – as opposed to national or even regional – approach is required. A number of existing international organizations have at least some potential for facilitating the kinds of discourse and decision-making necessary to maintain a holistic view of not just specific interests but of the overall structure and functioning of the Internet as a system. Each brings to the table characteristics that would assist in maintaining the efficiency of the Internet as a communications system, but each also suffers from negative characteristics, primarily as to narrowness of focus or to perceptions of special interest capture or control. After considering each of the likely suspects for taking on this important international role, the creation of a new organization is proposed, made up of representatives of many of these existing organizations as well as representatives from non-governmental-organizations dedicated to a future Internet that is robust, efficient, and innovative across a host of measures. Only with such an effort can the promise of the Internet as a communications system be realized.

            ……

Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Tobias Lock 
University College London
Common Market Law Review, Vol. 48, July/August 2011

[posted April 30, 2011]

This contribution measures the first draft agreement on the accession of the EU to the ECHR by the strict requirements of the autonomy of the EU legal order. It concludes that a review by the EctHR would be compatible with the autonomy. However, the procedure before the EctHR provided for in the draft agreement raises serious problems. Both the co-respondent mechanism and the prior involvement of the ECJ are well intended but may not pass the hurdles erected by the ECJ in its case law on the autonomy.

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Moral Reasoning in International Law

Roger Paul Alford 
Pepperdine University – School of Law
James Fallows Tierney 
University of Chicago – Law School
April 28, 2011

THE ROLE OF ETHICS IN INTERNATIONAL LAW, Donald Earl Childress III, ed., Cambridge University Press, 2011

[posted May 2, 2011]

Individuals comply with rules for different reasons. Some do so out of fear of punishment, others out of respect for social order, while still others out of a perception that a norm has intrinsic moral force. States, acting through human agents, likewise differ in the reasons they comply with international norms. State compliance with such norms may be motivated by a desire to avoid sanctions, obedience to authority, utilitarian compliance, socialization, reputational concerns, or norm internalization. Traditional accounts of international law compliance have focused on one or another of these motivations to the exclusion of others, thus failing to present the whole picture. We challenge these traditional accounts and instead present a “moral reasoning” theory that seeks a wider understanding of the reasons states comply. We focus less on traditional debates in international law largely because our theory better accounts for how people make and carry out international-law compliance decisions in real life. Moral reasoning is how people give reasons or arguments in the context of moral judgment. In turn, moral judgment is the cognitive process that people use to choose between inconsistent interests, values claims, and norms – where the inconsistency means the person is pulled toward opposite behaviors. These decisions are “moral” because they involve the ordering of self- and other-regarding interests. Our law-and-psychology focus tries to show how human agents who “do” international law conceive of their relationship with specific norms, with each other, and with the structure of international society. Scholars have largely bracketed reasoning by agents acting on the state’s behalf – surprisingly, even in the constructivist project. We attempt to fill that gap with a law-and-psychology approach that follows an emerging scholarly agenda in understanding the psychological bases of motivation to obey norms and the law. . . .

……

The Emergence of the Human Right to Water in International Human Rights Law: Invention or Discovery?

Takele Soboka Bulto 
Australian National University
April 28, 2011

[posted May 2, 2011]

Not until the UN Committee on Economic, Social and Cultural Rights’ (CESCR) General Comment (GC) No. 15 on the human right to water has access to drinking and sanitation water been authoritatively defined as a human right. The CESCR carved the right to water out of other related rights, an approach that has been pecialize as ‘revisionist.’ Some argue that the CESCR invented a ‘novel’ and non-existing right in a way that goes beyond state practice in its attempt to remedy a gap which states should have filled through treaty amendment. This article argues that the CESCR has articulated a pre-existing right that had prior autonomous existence, if latent in the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also suggests that the CESCR approach to the analysis of the human right to water has grounded the right on a narrowly defined legal basis, as it limited its analysis to the mainstream human rights regime. The article contends that a meaningful analysis of the normative basis of the human right to water should read the ICESCR in conjunction with rules and principles of environmental law and international water law. The combined use of the three legal regimes reveals that the right is not as much novel as a ‘discovery’, as it has been pecialize in the relevant rules of international treaties and has been supported by an ever increasing state practice.

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The Rules of International Organizations and the Law of International Responsibility

Christiane Ahlborn 
Amsterdam Center for International Law
April, 28 2011
Amsterdam Law School Research Paper No. 2011-04

[posted April 29, 2011]

This paper discusses the role of the so-called “rules of the organization” in the draft Articles on the Responsibility of International Organizations (DARIO), adopted by the International Law Commission (ILC) on first reading. While the rules of the organization occupy a central place in the DARIO, the ILC has decided not to take a “clear-cut view” on their legal nature as either international law or internal law of the organization. This paper argues that the ILC’s indecision has left the DARIO with a fluctuating scope of application concerning various provisions such as the attribution of conduct, the breach of an international obligation, the obligation to make reparation, and countermeasures against an international organization. Since the rules of the organization are a term of art that was developed by the ILC in its work on the law of treaties and has rarely been addressed in legal scholarhip, Part 1 examines the legal nature of the different components of the rules of the organization: the constituent instruments, the acts, and the established practice of the organization. While the constituent instruments are contracts between States at the moment of the creation of an international organization, they operate as constitutions during the life of the organization, giving it the autonomy to create internal law in force between the subjects of its legal order, including its member States. Part 2 therefore suggests to reconceive the rules of the organization as “internal law” of the organization as long as the organization functions effectively so as to pecializedn reflect an international organization’s constitutional autonomy for purposes of international responsibililty.

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The Grounds of Human Rights

Michael J. Perry 
Emory University School of Law; University of San Diego – School of Law and Joan B. Kroc School of Peace Studies
April 28, 2011
Emory Public Law Research Paper No. 11-151
San Diego Legal Studies Paper No. 11-056

[posted April 29, 2011]

. . . Before the Second World War, it was no part of the proper business of the government of one country, insofar as international law was concerned, how the government of another country treated its citizens: “Until World War II, most legal scholars and governments affirmed the general proposition, albeit not in so many words, that international law did not impede the natural right of each equal sovereign to be monstrous to his or her subjects.” Today, by contrast, it is a matter of international concern – as the UDHR, many human rights treaties, regional as well as international, and the recent emergence of the International Criminal Court all make abundantly clear – that no government treat its citizens, or any other human beings with whom it deals, “monstrously”. We obviously have good reason to concern ourselves with how our own government treats us, its citizens. But what reason or reasons warrant our concern that no government abuse its citizens or others with whom it deals; what reason or reasons warrant our trying to get every government to treat its citizens and others with whom it deals “in a spirit of brotherhood”? In particular, what reason or reasons do we have for trying to get certain rights against government – every government – established and protected? This paper is a draft of a chapter of a book-in-progress: an introduction to, and overview of, the morality and law of international human rights. For a related paper (chapter), which I am posting to SSRN at the same time I am posting this paper, see “What Is a ‘Human Right’?”, http://ssrn.com/abstract=1824662.

……

What is a ‘Human Right’?

Michael J. Perry 
Emory University School of Law; University of San Diego – School of Law and Joan B. Kroc School of Peace Studies
April 28, 2011
Emory Public Law Research Paper No. 11-150
San Diego Legal Studies Paper No. 11-055

[posted April 29, 2011]

Talk about “rights”-“rights-talk”- is ubiquitous. However, as Lloyd Weinreb has observed: “Not the least of our difficulties when we think about rights is that, despite their ubiquity in our discourse, it is unclear just what a right is.” A clarification of rights-talk is therefore in order. In our time, the principal rights-talk is about “human” rights. The principal question that engages me in this paper: In the context of human-rights-talk, what are we talking about when, today, we talk about “rights”? about “human” rights? about “international” human rights? Other questions I address in this paper: When and where is a human right a *legal* right–in a meaningfully practical sense of “legal”? In what sense are human rights *moral* rights? Are so-called “moral” rights really rights? This paper is a draft of a chapter of a book-in-progress: an introduction to, and overview of, the morality and law of international human rights. For a related paper (chapter), which I am posting to SSRN at the same time I am posting this paper, see “The Grounds of Human Rights”, http://ssrn.com/abstract=1824667.

……

Assertion of Universal Jurisdiction by Municipal Courts as a Method of Transitional Justice

Akhilesh Patel NLSIU Jr.
National Law School of India University
April 27, 2011

[posted April 28, 2011]

This article with the help of two cases namely- Congo vs Belgium , and Re Pinochet; gives a brief understanding of legal position on assertion of universal jurisdiction by municipal courts.

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Elephant in the Room: Challenges of Integrating China into the WTO System

Henry S. Gao 
Singapore Management University; University of Hong Kong
Asian Journal of WTO & International Health Law and Policy, Vol. 6, No. 1, pp.137-168, March 2011

[posted April 27, 2011]

Since China’s accession to the WTO in late 2001, one of the most intriguing questions for trade analysts has been whether the “new kid on the block” would seek to disrupt the status quo in the WTO upon its entry. This paper answers the question by reviewing China’s participation in two key activities of the WTO, i.e., trade negotiations and dispute settlement, as well as another important component of global trade governance: regional trade agreements (RTAs). Drawing from an in-depth study of China’s record in these activities, the author argues that, overall, China has transformed from a passive “taker” of the existing rules to a country that will “shake” the rules for its own interests or even “make” new rules, albeit at uneven paces in different areas. The paper analyzes the reasons for China’s varying behavioral patterns in the three areas, and concludes by exploring China’s future role in the WTO, as well as the potential ramifications of China’s ascent in global trade governance.

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Access to Habeas Corpus: A Human Rights Analysis of U.S. Practices in the War on Terrorism

Brian Richard Farrell 
University of Iowa – College of Law; National University of Ireland, Galway (NUIG) – Irish Centre for Human Rights
Transnational Law & Contemporary Problems, Vol. 20, p. 3, Spring 2011

[posted April 27, 2011]

The right to habeas corpus guarantees that a detained person will have access to a court with jurisdiction to rule on the legality of the detention and to order the person’s release if it is unlawful. The proper scope of this right has been the subject of much debate since the September 11, 2001, terrorist attacks, particularly with regard to persons detained by United States forces at the Guantanamo Bay Naval Base in Cuba and Bagram Air Base in Afghanistan. This article examines the positions of the Bush and Obama Administrations on access to habeas corpus, and traces the case law of the federal courts in determining the reach of habeas corpus under American law. It examines relevant international law, including the International Covenant on Civil and Political Rights, the American Declaration of the Rights and Duties of Man, and international humanitarian law, to consider the extent to which these instruments require access to habeas corpus. The differences between the habeas corpus provisions of American domestic law and international law are highlighted.

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Doha Round Negotiations on Subsidy and Countervailing Measures: Potential Implications on Trade Flows in Fishery Sector

Debashis Chakraborty 
Indian Institute of Foreign Trade
Julien Chaisse 
Chinese University of Hong Kong (CUHK) – Faculty of Law
Animesh Kumar 
affiliation not provided to SSRN
Asian Journal of WTO & International Health Law and Policy, Vol. 6, No. 1, pp. 201-234, March 2011

[posted April 27, 2011]

Presently the Doha Round negotiations for ensuring disciplines in the area of subsidies and countervailing measures are going on at the multilateral level. In particular, a major focus of the current negotiation is on removal of the actionable subsidies being provided in the fishery sector. The current analysis looks into the Agreement on Subsidies and Countervailing Measures and points out the areas for further reform with reference to the findings on the disputes lodged at the dispute settlement body of the WTO. The analysis concludes that the ongoing fisheries subsides negotiation might not be able to adequately address the concern areas.

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FTAs and Safegaurd Norms: Their Variation and Compatibility

Won-Mog Choi 
affiliation not provided to SSRN
Asian Journal of WTO & International Health Law and Policy, Vol. 6, No. 1, pp. 81-108, March 2011

[posted April 27, 2011]

A variety of safeguard mechanisms under WTO agreements and FTAs are based on different rationales that perform different functions. The primary function of multilateral safeguards such as global safeguards and special safeguards is to accord temporary relief to domestic industries after an agreed level of trade liberalization is already complete. To accord such relief, WTO members enjoy a certain level of policy flexibility and discretion. The mutual exemption of the global safeguards application among FTA parties is not inconsistent with WTO rules, provided that the parallelism condition is met. An FTA party may also take safeguards against another party as long as the restriction level from those safeguards does not harm the requirement associated with eliminating barriers with respect to “substantially” all the trade. On the other hand, bilateral safeguards under FTAs are designed to be mechanisms for adjusting the pace of further liberalization once FTA parties implement the tariff elimination plan. Because of this fundamental function, the “substantially all the trade” requirement under FTA provisions in the GATT represents the only relevant provision under which bilateral safeguard measures are disciplined. Any bilateral safeguards, which are applied to sectors subject to FTA tariff elimination during the tariff elimination period and within the limit of MFN tariff rates, are consistent with WTO rules. In drafting bilateral safeguards, FTA negotiators should consider these conditions of legitimacy. Any overlapping application of many safeguards is not incompatible with WTO rules and practically possible. Given the possibilities of many forms of overlapping application, FTA negotiators may take effective legislative solutions by including FTA provisions that explicitly proscribe certain forms of unwanted overlapping applications.

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Boumediene Applied Badly: The Extraterritorial Constitution after Al-Maqaleh v. Gates

Saurav Ghosh 
Stanford Law School
Stanford Law Review, Forthcoming

[posted April 27, 2011]

Since 2001, the U.S. has captured and detained hundreds of foreign nationals at overseas facilities, raising the question of whether the Constitution applies extraterritorially to these detainees. Detainee legal challenges over the past decade culminated in the Supreme Court decision Boumediene v. Bush, whereby foreign nationals held at Guantanamo Bay, Cuba, were provided the right to petition for a writ of habeas corpus in federal court. Although this landmark decision provided detainees at Guantanamo the means to challenge their detention, it begged the question whether detainees at other overseas facilities would also be allowed to seek habeas relief. The U.S. Court of Appeals for the D.C. Circuit recently provided an answer to that question in Al-Maqaleh v. Gates: the federal courts lack jurisdiction to hear the habeas petitions of detainees held at Bagram Air Base, Afghanistan. This paper is principally a response to that decision. I argue that the District Court in Al-Maqaleh faithfully applied the Boumediene multi-factor test for extending habeas extraterritorially, in light of the Supreme Court’s functional, pragmatic analysis in that case. By contrast, the D.C. Circuit employed a wooden, formalistic analysis of the relevant factors and marginalized the centrally important separation of powers concern that animated Boumediene. In light of Boumediene, as well as the demands of the modern international system, the D.C. Circuit’s decision missed the mark, damaging extraterritoriality doctrine with regard to the “sacred writ.” . . . .

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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, No. 1, pp. 169-200, March 2011

[posted April 27, 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 pre-eminent – 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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Illegal, Unreported and Unregulated Fishing: Responses in General and in West Africa

Tafsir Malick Ndiaye

Chinese Journal of International Law Advance Access

[posted April 27, 2011]

West Africa enjoys exceptionally good climatic and ecological conditions. Its coastal and maritime areas are among the richest fishing grounds in the world. These maritime waters have a high biological productivity due to the rising of deep, nutrient-rich waters at the basis of the marine food chain. This phenomenon, known as “upwelling”, is caused by winds pushing the surface waters away from the land area, allowing waters from the deep ocean to rise to the surface. One of the major features of the region, from Mauritania to Cape Shilling, is the abundance of fisheries resources. The fishing industry in the sub-region has been going through a crisis since 1990 due to overfishing, overexploitation by fishermen, industrial fishing companies and especially the highly disturbing incidence of illegal, unreported and unregulated fishing. This paper looks into the applicable law through the treaty law and the case law prior to discussing States’ practice in the sub-region. The latter is reflected in the laws and regulations of these States that give effect to the United Nations Convention on the Law of the Sea and that govern fishing activities in areas under national jurisdiction. State practice is also reflected in bilateral agreements between States to establish the conditions for access of foreign vessels to living resources in the exclusive economic zones. Various inter-governmental arrangements have also been developed to ensure the management of resources in the maritime region of West Africa covered by the Sub-Regional Fisheries Commission.

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Trade Liberalisation in Asia: Why Intra-Asian Free Trade Agreements are Not Utilised by the Business Community

Bryan Christopher Mercurio 
Chinese University of Hong Kong – Faculty of Law; University of New South Wales – Faculty of Law
Asian Journal of WTO & International Health Law and Policy, Vol. 6, No. 1, pp. 109-136, March 2011

[posted April 27, 2011]

While the growth of RTAs and the increase of per capita GDP growth in the Asia region occurred at the same time, this Article aims to point out that contrary to the general understanding, the contribution of RTAs to the liberalization of trade between Asian countries have been overstated and exaggerated. Through further reasoning, the Author points out two factors that have caused RTAs to be not that effective in liberalizing trade – first, Asian countries focused too much on the liberalization of trade in goods to the exclusion of other issues; and second, there is a low level of ambition in trade liberalization. In its conclusion, the Author suggests that governments have to set clear aims and objectives before entering into RTA negotiations. After all, RTAs should provide tangible economic benefits through meaningful preferential benefits in goods and other sectors, not negatively effect trade through complex and costly administrative procedures.

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A Religious View of the Foundations of International Law

Jeremy Waldron 
New York University (NYU) – School of Law
April 26, 2011

[posted April 27, 2011]

Over the last ten years there has been something of a crisis in American confidence in, and support for, international law. As the idea of order and justice in the international realm is considered and rationalized from various perspectives, it seems appropriate to consider also how it might be regarded from the viewpoint of the world’s leading religions. These lectures were delivered in late March 2011 as the Charles E. Test Lectures in the James Madison Program at Princeton University. Lecture 1 begins the task of considering law beyond the state from a specifically Christian point of view, though it also addresses the difficulties of sustaining a viewpoint of this kind in a multi-faith and indeed increasingly secular world. Lecture 2 considers nationhood, sovereignty, and the basis for the division of the world into separate political communities. Clearly a religious approach to order in the international realm will endorse the position of most modern international jurists that sovereign independence is not to be made into an idol or a fetish, and that the tasks of order and peace in the world are not to be conceived as optional, which sovereigns may or may not support at their pleasure. At the same time, sovereigns have their own mission, ordering particular communities of men and women; and this task, too, should not be slighted. Finally Lecture 3 will consider the rival claims of natural law and positivism in regard to the sources of international law Natural law is no doubt important in any Christian jurisprudence. But the most telling part of natural law jurisprudence from Aquinas to Finnis has always been its insistence on the specific human need for positive law. This holds true in the international realm as much as in any realm of human order – perhaps more so, because in the international realm law has to do its work unsupported by the overwhelming power of a particular state. So this final lecture will address, from a religious point of view, the sources of law in the international realm: treaty, convention, custom, precedent, and jurisprudence. It will focus particularly on the sanctification of treaties.

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New Governance of the Transnational Variety: Can Transnational Domestic Labor Regulation Harness the Power of Private Legal Regulation?

Paul M. Secunda 
Marquette University – Law School
Jotwell (The Journal of Things We Like (Lots)), April 2011

[posted April 26, 2011]

In his new paper, In Defense of Transnational Domestic Labor Regulation, Professor David Doorey has written a meticulously footnoted and researched article on an important issue that is increasingly facing modern democratic economies: to what extent should such countries seek to use their influence to improve labor practices in economically-developing countries? As Doorey explains, the answer is not as simple as merely deciding you want a labor side agreement to the latest free trade agreement. No, in addition to more formal legislative enactments, Doorey thoroughly explains the developing trend of using techniques which exist outside of formal state action, but nevertheless serve to influence and regulate working conditions and employer-employee relationships in third-world countries. . . . The topic is complex and Doorey should be congratulated for bringing his impressive transnational labor law knowledge to bear on this area of law. It is certainly a must-read paper for anyone who is seriously engaged with workplace issues in the global economy. For instance, Doorey exhaustively reviews the literature in favor of, and against, using legislation that harnesses the power of these more informal practices to push foreign third-world countries to develop more worker-friendly labor policy in their countries. Nevertheless, one is left with at least two compelling questions after reading this thoughtful paper: (1) Will the more informal, new governance-influenced practices which Doorey seeks to harness really lead to the necessary workplace changes that workers’ rights advocates seek in developing countries?; and (2) Given the troubling labor situation in “developed” countries, should such countries not focus more on their own shortcomings when it comes to workers’ rights in order to gain more credibility with nations around the world?

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Targeted Killing and Drone Warfare: How We Came to Debate Whether There is a ‘Legal Geography of War’

Kenneth Anderson 
Washington College of Law, American University; Stanford University – The Hoover Institution on War, Revolution and Peace; Brookings Institution – Governance Studies
April 26, 2011
Hoover Institute Online Volume Essay – Future Challenges, Forthcoming

[posted April 27, 2011]

This brief policy essay examines the evolution of the argument around the proposition that there is a “legal geography of war.” By that term is meant whether the law of war applies only within certain geographically defined areas. It does so in the context of the war on terror and counterterrorism, and specifically in the debates over targeted killing and armed drone warfare. The essay is a non-technical policy essay that, in final form, will be part of an online volume published by the Hoover Institution Task Force on National Security and Law. Its purpose is not to offer a formal legal argument on the proposition of a “legal geography of war,” but instead to reflect more discursively on how the communities of international law, policy, diplomatic, laws of war, military, intelligence, nongovernmental organizations, and international advocacy have debated this since 9/11. It argues that the Bush administration’s assertion of a global war on terror and its claims of the legal incidents of war on a worldwide basis caused a backlash among its critics, toward geographical constraints on war as formal legal criteria. This was a shift away from the traditional legal standard that war takes place, and the law of war governs, where(ever) there is “conduct of hostilities.” . . .

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Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision

Michael C. Blumm 
Lewis & Clark Law School
R. D. Guthrie 
Lewis & Clark Law School
University of California Davis Law Review, Vol. 44, 2012

[posted April 23, 2011]

The public trust doctrine, an ancient doctrine emanating from Roman law and inherited from England by the American states, has been extended in recent years beyond its traditional role in protecting public uses of navigable waters to include new resources like groundwater and for new purposes like preserving ecological function. But those state-law developments, coming slowly and haphazardly, have failed to fulfill the vision that Professor Joseph Sax sketched in his landmark article of forty years ago. However, in the last two decades, several countries in South Asia, Africa, and the Western Hemisphere have discovered that the public trust doctrine is fundamental to their jurisprudence, due to natural law or to constitutional or statutory interpretation. In these dozen countries, the doctrine is likely to supply environmental protection for all natural resources, not just public access to navigable waters. This international public trust case law also incorporates principles of precaution, sustainable development, and intergenerational equity; accords plaintiffs liberalized public standing; and reflects a judicial willingness to oversee complex remedies. These developments make the non-U.S. public trust case law a much better reflection than U.S. case law of Professor Sax’s vision of the doctrine.

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Comparative International Law? The Role of National Courts in Creating and Enforcing International Law

Anthea Roberts 
London School of Economics – Department of Law
International & Comparative Law Quarterly, Vol. 60, No. 57, 2011

[posted April 22, 2011]

Academics, practitioners and international and national courts are increasingly seeking to identify and interpret international law by engaging in comparative analyses of various domestic court decisions. This emerging phenomenon, which I term ‘comparative international law,’ loosely fuses international law (as a matter of substance) with comparative law (as a matter of process). However, this comparative process is seriously complicated by the ambiguous role that national court decisions play under the international law doctrine of sources, pursuant to which they provide evidence of the practice of the forum state as well as being a subsidiary means for determining international law. This article analyzes these dual, and sometimes conflicting, roles of national courts and the impact of this duality on the comparative international law process.

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National Implementation of ECHR Rights: Kant’s Categorical Imperative and the Convention

Mads Andenas 
University of Oslo – Faculty of Law; Institute of Advanced Legal Studies, School of Advanced Study, University of London
Eirik Bjorge 
University of Oxford – Corpus Christi College
April 22, 2011
University of Oslo Faculty of Law Research Paper No. 2011-15

[posted April 24, 2011]

The effectiveness of the European Convention of Human Rights and of the judgments of the European Court of Human Rights depends on national implementation. This article looks at the implementation of the Convention in Belgium, the Czech Republic, France, Germany, Norway, Russia, and the United Kingdom. In all of these jurisdictions there has been fundamental change over the last 10-15 years. For the ECHR system to work, the national courts must interact with Strasbourg only in ways which are capable of being pecializedn and applied also by other European courts. This article inquires into whether national courts have taken on board the imperative of their role and responsibility in a wider European context: a UK exceptionalism will breed a Russian etc. The inquiry concludes that the national jurisprudence implementing the Convention into national law generally has taken this imperative on board.

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Adjudicating Armed Conflict in Domestic Courts: The Experience of Israel’s Supreme Court

Galit Raguan 
Berkeley Law (Boalt Hall)
Yearbook of International Humanitarian Law, Forthcoming

[posted April 22, 2011]

The Israeli Supreme Court in recent years has engaged in judicial review of questions pertaining to the conduct of hostilities within the context of what it has recognized as an armed conflict between Israel and Palestinian armed groups. This can be attributed to several factors that are unique to Israel, the most prominent being Israel’s long-time military presence in the Territories, which has made the Israeli Supreme Court accustomed to adjudicating matters governed by international law and scrutinizing the discretion of military commanders. Combined with the evolution in the Court’s jurisprudence regarding standing and political question doctrine, which has made the Court overall more accessible to general petitions challenging national security issues, this paved the road to adjudication of questions pertaining to the modern battlefield, as at least some counter-terrorism policies, previously considered to be law enforcement actions, have come to be perceived in Israel and elsewhere as part of the armed conflict paradigm. While the Israeli situation is unique in many aspects, other jurisdictions are also encountering legal challenges to the actions of the military in combat arenas abroad. To the extent that such jurisdictions are receptive to comparative law, the Israeli experience may prove useful in developing domestic jurisprudence on questions pertaining to the Law of Armed Conflict and its application to executive policy in the ‘war on terror’.

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The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand

Blake A. Watson 
University of Dayton School of Law
Seattle University Law Review, Vol. 34, No. 2, p. 507, 2011

[posted April 20, 2011]

Abstract: 
This article describes the impact of the American doctrine of discovery, as set forth in Johnson v. McIntosh, 21 U.S. 543 (1823), on native land rights in Australia, Canada, and New Zealand.

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Friends of the Panel: The Evolution of Amicus Participation in International Investment Arbitration

Andrew Friedman 
affiliation not provided to SSRN
April 19, 2011

[posted April 21, 2011]

This paper traces the history of amicus briefs in international investment arbitration from their first introduction through their recent use. It further discusses the potential future importance of amicus participation in international investment arbitration due to the newest generation of bilateral investment treaties.

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Cultural Theory and National Security: The Role of Cultural Orientations in Americans’ Preferences for Security and Nuclear Deterrence

Hank C. Jenkins-Smith 
University of Oklahoma – Department of Political Science
Kerry G. Herron 
University of Oklahoma – Center for Applied Social Research
Joseph T. Ripberger 
University of Oklahoma
April 19, 2011

[posted April 20, 2011]

Taking positions on national security issues, ranging from nuclear war to terrorism, necessarily engages values. Perceived security threats and the preferred means for dealing with them are in part derived from people’s preferences for how basic social relationships should be structured and maintained. This paper focuses on the ways in which fundamental world-views, following Mary Douglas’ and Aaron Wildavsky’s conception of cultural theory (CT), shape perceived risks in the international arena, including preferred responses to terrorist threats and preferences for US nuclear deterrence capabilities. Of particular interest is how CT measures perform when compared to more traditional political variables, such as political ideology or partisanship. The data for this analysis are taken from a set of nationwide US public surveys (telephone and Internet based) with common sets of questions taken in 1995, 2008, and 2009. Overall the dataset includes over 6,167 individual interviews. The data permit analysis of the ways in which measures of CT orientations (hierarchy, egalitarianism, and individualism), political ideology and partisanship shape perceptions of perceived risks (and benefits) and an array of policy preferences in the international arena. We find that the CT measures perform quite well in comparison to more traditional partisan and ideological measures. Of particular interest is our finding that, depending on the nature of the issue, individualists align sometimes with hierarchs and at other time with egalitarians. CT thus provides a substantially more nuanced depiction of the coalitions that can be expected to support and oppose important security policy initiatives.

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The Role of the International Trade Regime in Global Governance

Simon Lester 
affiliation not provided to SSRN
April 17, 2011

[posted May 2, 2011]

Trade agreements originated as narrow bargains for mutual tariff reductions between countries. Over the years, however, their scope has expanded considerably. First, rules to address domestic laws that discriminated, both overtly and covertly, against foreign products were added, in order to ensure that tariff concessions were not circumvented. More recently, governments have negotiated trade agreement rules in a wide range of new areas, such as intellectual property protection, many of which have only a tenuous connection to “trade.” On the basis of this expansion, combined with the development of strong and effective enforcement mechanisms, the modern international trade regime now functions as a limited form of “global governance.” Partly as a result, the trade regime is in a precarious state today, with multilateral trade negotiations stalled and mass protests greeting many bilateral and multilateral negotiations. In this paper, I propose a framework for strengthening the regime, involving a more open and honest debate about the appropriate scope of the regime and re-focusing the trade regime on the core purpose of non-discrimination. As a corollary to this proposal, I argue that many of the issues that have been incorporated into trade agreements over the years should be addressed as part of a distributed and cooperative approach to global governance that involves other international organizations and softens the binding nature of the current trade rules in these areas.

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The New Internet World: A Global Perspective on Freedom of Expression, Privacy, Trust and Security Online

Soumitra Dutta 
INSEAD – Technology and Operations Management
William H. Dutton 
University of Oxford – Oxford Internet Institute
Ginette Law 
INSEAD
The Gobal Information Technology Report 2010-2011 – World Economic Forum in collaboration with INSEAD, comScore, and the Oxford Internet Institute, April 2011

[posted April 17, 2011]

Worldwide diffusion of the Internet is focusing debate around values and attitudes that are likely to vary across cultures, particularly around online freedom of expression, privacy, trust and security. However, we know relatively little about the opinions of users around the world. How do users see these issues, and how are they experiencing the impact of the Internet in these areas? This paper reports on a survey of over 5,400 adult Internet users from thirteen different countries, who participated in an online survey conducted by the Oxford Internet Institute (OII) and INSEAD, in collaboration with Comscore. The survey was designed to better understand cross-cultural differences in user behaviour and attitudes, focusing on freedom of expression, privacy, trust, and security. Findings from this study show that a global Internet culture has emerged as users across countries often share similar viewpoints and habits related to these vital matters pertaining to the Internet. Users worldwide generally support and desire freedom of expression, privacy, trust and security online, without pecializ a willingness for tradeoffs among these potentially conflicting values and priorities. However, users in the newly adopting countries, which are becoming the dominant online population, express even greater support for the most basic value underpinning the Internet – freedom of expression. In addition, the users in nations that are more recently embracing the Internet are also outpacing users in older adopting nations in their innovative uses of the Internet. We conclude that a new Internet world is emerging which may lead to many shifts in the Internet’s global centre of gravity – ones that will have major implications for the future of the Internet.

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Environmental Security and its Implications for China’s Foreign Relations

ZhongXiang Zhang 
East-West Center – Research Program
April 13, 2011
FEEM Working Paper No. 30.2011

[posted April 19, 2011]

China’s emerging standing in the world demands a major rethinking of its diplomatic strategies. Given its population size, geographical scale, economic power and military presence, China is poised to play a larger political role in the twenty-first century, and is thus perceived by the international community to have greater capacities, capabilities and responsibilities. At the same time, environmental stresses caused by China’s energy and resources demands have become increasingly evident in recent years, urging China to cultivate delicate diplomatic relations with its neighbors and strategic partners. Tensions have been seen in areas such as transboundary air pollution, cross-border water resources management and resources exploitation, and more recently in global issues such as climate change. As the Chinese leadership begins to embrace the identity of a responsible developing country, it is becoming apparent that while unabated resources demands and environmental deterioration may pose a great threat to environmental security, a shared sense of urgency could foster enhanced cooperation. For China to move beyond existing and probable diplomatic tensions, a greater attention to domestic and regional environmental security will no doubt be necessary. This article explores such interrelations among domestic, regional and global environmental securities and China’s diplomacy, and suggests possible means by which China could contribute to strengthening global environmental security.

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On the Existence of National Identity Before ‘Imagined Communities’: The Example of the Assyrians of Mesopotamia, Anatolia, and Persia

Hannibal Travis 
Florida International University College of Law
April 13, 2011

[posted April 18, 2011]

Studies on nationalism and the emergence of modern ethnic identities rarely examine sources dating from the period 0 CE (A.D.) and 1453 CE, or the period between the fall of the Neo-Assyrian Empire in the mid-first millennium CE and the Age of Discovery in the mid-second millennium CE. Testing generally accepted theories of national and ethnic distinctiveness against these sources reveals that a similar case exists for the existence of an Assyrian identity and/or nation as for a Greek, Kurdish, Jewish, or Persian identity or nation. Assyrian populations, religions, and political formations survived in present-day Iraq, Iran, and Turkey from 0 CE well into the 1800s CE. . . . This study attempts to show that the longevity and diversity of national and ethnic distinctions undermines a one-size-fits-all explanation such distinctions in the manner of Benedict Anderson’s “Imagined Communities.” The evidence from the Assyrian case suggests that the undifferentiated hordes of Asia did not coalesce and order themselves in modern times and under Western influence into nations created and sustained by advanced technology. This “Imagines Communities” narrative suffers from hindsight bias and an exaggerated Eurocentrism. It also insults and infantilizes the peoples and nations of premodern eras and non-Western regions by assuming they lacked the intelligence with which modern Europeans constructed national cultures, laws, literatures, schools, and economies. Historians have long since disproved such ideas. By examining translations of and academic commentary on Aramaic, Greek, Roman, and Persian literature and inscriptions, among other sources, this Essay demonstrates that the British Empire invented neither the modern Assyrians as a people, nor the territory of modern Assyria that was considered for statehood by the League of Nations after World War I. Rather, the identification of present-day northern Iraq, northwestern Persia, and southeastern Turkey as “Assyria” draws support from the Middle Assyrian and Neo-Assyrian usage of the second and third millennia BCE, and the Greek, Roman, Persian, and Aramaic usage in the first millennium CE. Finally, the contribution of ancient Assyria to the cultures, languages, and religions of the non-Muslim populations of contemporary Iran, Iraq, and Turkey, especially Assyrian Christians, Mandaeans, and Yezidis, may no longer be doubted. This contribution is present in these peoples’ daily vocabularies, place-names, and indigenous beliefs.

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Europe’s New Financial Regulatory Bodies

Eddy Wymeersch 
Ghent University – Financial Law Institute; ECGI
April 11, 2011

[posted April 22, 2011]

Starting the 1st of January 2011, the European Union has pecialized its system of financial regulation and supervision by installing several supervisory bodies. The background of these decisions and the main characteristics within the wider institutional and political system of financial supervision deserve attention, as well as the analysis of their legal powers.

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An Equity-Based, Multilateral Approach for Sourcing Income Among Nations

Fred B. Brown 
University of Baltimore – School of Law
Florida Tax Review, Vol. 11, 2011 

[posted April 11, 2011]

The source of income rules used in the United States and elsewhere in large part establish the contours of tax jurisdiction exercised by countries. . . . The current approach for sourcing income suffers from two related problems. First, the source rules lack coherence in that they fail to advance a consistent normative tax policy. More fundamentally, the rules fail to reflect the consistent application of the key principle appropriate for allocating nations’ primary taxing rights – namely, the benefits principle. The second problem is the variation in the source rules used worldwide. This may produce double taxation or non-taxation.  This article addresses both of these problems by offering an approach for sourcing income that has the potential for being adopted by countries on a multilateral basis. The article develops an equity-based standard for sourcing that would allow for the derivation of source rules for various types of income. The core idea underlying the proposed sourcing standard is the benefits principle: income should be sourced to the country that provides the taxpayer with significant governmental benefits related to the income. Specifically, the article develops a standard that would devise source rules by evaluating the source of income on the basis of three factors: the destination of the services, property or capital giving rise to income; the location(s) of the activities giving rise to income; and the residence of the person receiving income. Based on this evaluation, the rule for a given type of income may divide the source of the income among multiple locations. By basing the source rules on an equity-based standard that allows source to be divided when appropriate, this article seeks to rationalize and harmonize the provisions used to source income for purposes of taxing cross-border investment and business activities.

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Trade Structure, Transboundary Pollution and Multilateral Trade Liberalization: The Effects on Environmental Taxes and Welfare

Bruno Nkuiya 
Université de Montréal
January 1, 2011

[posted April 1, 2011]

This paper considers a trade situation where the production activities of potentially heterogeneous countries generate pollution which can cross borders and harm the well-being of all the countries involved. In each of those countries the policy maker levies pollution taxes on the polluting firms and a tariff on imports in order to correct that distortion. The purpose of the paper is to investigate the effect of a reduction in the tariff on equilibrium pollution taxes and welfare. The existing literature has investigated this problem for trade between two identical countries. This paper analyzes the problem in the more realistic context where countries are not necessarily identical and trade can be multilateral. It becomes possible to show what bias is introduced when those two realities are neglected. I find that a tariff reduction can actually lower output; it can also lower welfare even if pollution is purely local.

B. Pre-2011 Items Posted This Week

Grafting the Command Responsibility Doctrine Onto Corporate Criminal Liability for Atrocities

Michael J. Kelly 
Creighton University School of Law; American Society of International Law
Emory International Law Review, Vol. 24, No. 2, 2010

[posted April 27, 2011]

This paper explores the theoretical parameters associated with applying the command responsibility doctrine for prosecuting military superiors under international law to corporations. The jump from the military context to the corporate context is not completely analogous, yet holds some promise. Holding corporations accountable for participation in atrocities under international law is not a new concept, but the impetus to do so is gaining momentum.

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Response to European Commission Questionnaire ‘Consultation on Citizens’ Rights – The Way Forward’

Anthony Valcke 
American Bar Association Rule of Law Initiative; Your Europe Advice
June 14, 2010

[posted April 17, 2011]

In April 201’8 the European Commission embarked upon a public consultation in order to identify concrete actions to tackle the challenges and obstacles faced by citizens when exercising their rights as citizens of the European Union. The issues under consultation included residence right and the free movement of persons, diplomatic and consular protection, electoral rights, free movement of civil status documents and consumers’ rights. This response identifies (1) restrictions placed by Member States on EU citizens living in non-EU territories, (2) gaps in Directive 2004/38 on residence rights, (3) significant variance in implementation of the Directive across the EU, (4) discrimination in access to healthcare, (5) the effect of the Directive on access to educational assistance to students, (6) inconsistencies in the Directive as far as access to social assistance is concerned, (7) problems in implementation of the Directive in the UK, (8) initiatives to enhance mutual recognition of civil status document, (9) measures to enhance resolution of consumer disputes, (1’7 the need to prohibit discrimination based on residence as regards goods and services, (11) the need to abolish restrictions on overseas voting, (12) the desirability of extending voting in national and parliamentary elections to permanent residents, (13) the possibility of electing dedicated MEPs to represent non-national EU citizens, and (14) enhancing the training of consular and diplomatic staff of Member States’ missions.

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Reconstructing an International Organization: A Paradigm Shift in the World Trade Organization

Sungjoon Cho 
Chicago Kent College of Law
April 26, 2010

[posted April 27, 2011]

This article argues that the old paradigm on international organizations (Ios) (Gesellschaft) characterized by realist political bargain cannot fully capture new social realities around contemporary Ios in which ideational factors, such as ideas, values, culture and norms, have become more salient and influential not only in explaining but also in prescribing state behaviors. As an alternative, the article offers a new paradigm informed by constructivism that highlights a reflective, intersubjective communication among IO members and consequent norm-building process. Under this new paradigm, one can understand an IO as a “community” (Gemeinschaft), not a mere contractual instrument of its contracting parties. The article applies the new paradigm to the WTO as it describes the WTO’s institutional evolution from a power-oriented, tariff-reducing contract to a norm-oriented world trading community.

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Beyond the Scope of ‘Investor’ and ‘Investment’: Who can Make an Arbitration Claim under a Chinese BIT? – Some Implications from a Recent ICSID Case

Wei Shen 
affiliation not provided to SSRN
Asian International Arbitration Journal, Vol. 6, No. 2, pp. 164-185, 2010

[posted May 2, 2011]

The article discusses the definitions and scope of two BIT notions: “investor” and “investment”, affecting the jurisdiction of a tribunal that adjudicates an investor-state investment dispute under the BIT by reference to the Decision on Jurisdiction and Competence for the case of Tza Yap Shum v. The Republic of Peru (the “Award”), the first ever case heard on a Chinese BIT and rendered by the arbitral tribunal convened under the auspices of ICSID on June 19, 2009.

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Corporate Criminal Liability and the ICC Statute: The Comparative Challenge

Joanna Kyriakakis 
Monash University – Faculty of Law

Netherlands International Law Review, Vol. 56, No. 3, p. 333, 2009 
Monash University Faculty of Law Legal Studies Research Paper No. 2009/45

[posted May 2, 2011]

This article examines the proposal that, in order to overcome the comparative law problem of diverse national positions in relation to corporate criminal liability, a scheme involving administrative or civil liability should be adopted if corporations are to be included in the jurisdiction of the International Criminal Court. It is argued that, despite the obvious practical appeal of such a solution, a criminal liability scheme should be preferred as perpetrators of international crimes – both natural and legal – should be subject to the full expressive and pecialized capacities of the criminal law. However, recent international developments in corporate liability suggest a possible middle ground that may provide an acceptable solution to a majority of states.

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Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitations

Daniel J. Gervais 
Vanderbilt Law School
University of Ottawa Law & Technology Journal, Vol. 5, No. 1&2, 2008

[posted May 2, 2011]

This Article suggests a pat h to develop a principled conceptualization for copyright of limitations and exceptions at the international level. The paper argues that, normatively, copyright has always sought to reflect a balance between protection and access. It demonstrates that this balance was present to the minds of the negotiators of the 1886 Berne Convention for the Protection of Literary and Artistic Works and may have been somewhat overlooked in revisions of the Convention. It was ultimately replaced by a three-step test designed to restrict the ability of individual legislators to create limitations and exceptions. The article also considers the conflicts between copyright and rights such as the right to privacy, human rights principles of free expression and cultural diversity, the right to information, the right to education, and the nascent right to development, all of which imply striking a balance in intellectual property protection. The article begins with a historical look at the public interest foundations of the Berne Convention and its revisions until 1971. The article then proceeds to a conceptualization of limitations and exceptions in order to show the policy linkages of each type of exception and proposes a set of principles for limitations and exceptions. The article also examines the meaning and impact of the three-step test because it would be pointless, not theoretically, but from a policy perspective, to ignore the application of the test in suggesting international principles for limitations and exceptions.

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Earth Jurisprudence: The Moral Value of Nature

Judith E. Koons 
Barry University School of Law
Pace Environmental Law Review, Vol. 25, p. 263, 2008

[posted April 28, 2011]

As planetary environmental crises advance toward us like an enormous oil spill, the call of Earth Jurisprudence has arisen, suggesting that a shift is necessary in the way that we think about law, governance, and nature. A predicate to rethinking law, however, is to reconsider the moral status of nature. This article posits that, to preserve a healthy planet for future generations of human beings – and for Earth itself – it is necessary to recognize Earth as the center of the moral community. As an ethical endeavor, the article turns the question of the moral status of nature through the lenses of four moral questions: what is good?; what is fitting?; what is true?; and what is right? . . .

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Can Lawyers Be War Criminals?

Milan Markovic 
Temple University – James E. Beasley School of Law
Georgetown Journal of Legal Ethics, Vol. 20, No. 347, 2007

[posted May 2, 2011]

This article addresses whether lawyers can be held liable under international criminal law for providing legal advice that allegedly contributes to the commission of acts of torture or cruel and degrading treatment. It examines this question through an in-depth analysis of an August 1, 2002 Office of Legal Counsel Memorandum to White House Counsel Alberto Gonzales, which is more commonly known as the “Torture Memo.” The article considers whether the Torture Memo could have aided and abetted the commission of torture and other crimes allegedly perpetrated by US interrogators in connection with the war on terror and whether its authors had the requisite state of mind to aid and abet such crimes. It seeks to resolve these questions by examining the current requirements for aiding and abetting liability under international criminal law and drawing analogies to prosecutions of lawyers for war crimes after World War II. It also examines possible forums for a prosecution of the Memo’s authors.

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Beyond Practical Dilemmas and Conceptual Reductionism: The Emergence of an Accommodative Consciousness in the Alternative Globalization Movement

Dr. S. A. Hamed Hosseini 
University of Newcastle
Portal: Journal of Multidisciplinary International Studies [online], Vol. 3, No. 1, pp. 1-27, 2006 

[posted April 27, 2011]

This paper attempts to show the emergence of a new ideological trend within the global field of resistance against the corporate-led globalization. This ideological trend, coined here the alter-globalization trend, is ideal-typically constructed in terms of its associated mode of social thought. The newly developed perspectives and cognitive transformations inside the global field of resistance convey a new mode of in-praxis thought, named here accommodative cognition. This heralds the formation of alternative principles for creating emancipatory knowledges and flexible solidarities. The paper draws on certain discursive evidence from the alter-globalization trend to show that the complexity of globalizing society and contemporary collective action is realized through the open spaces of dialogue and dispute introduced by the movement. This has resulted in the emergence of intellectual demands for transcending contradictions that are rooted in the post-1970s disputes between modernist and post-modernist, and materialist and post-materialist thoughts. Two other features of this new mode of cognition are: (1) a growing inclination to cut across incompatible conceptions of social polarities (i.e. around issues like class, gender, race, cultural identity, ethnicity, nationality and sexual orientation) in establishing a flexible solidarity based on accommodating the Other’s interest and identity into the process of affirming the Self; and (2) understanding the complexities of globalization in terms of its structural unevenness, contradictions and multidimensionality.

……

Selling Hong Kong to China: What Happened to the Right of Self-Determination?

John W. Head 
University of Kansas – School of Law
Kansas Law Review, Vol. 46, pp. 283-304, 1998

[posted May 3, 2011]

I wish to offer in this brief Article some observations about the legal character of the transfer of sovereignty over Hong Kong on July 1, 1997. Specifically, I address the question of whether that transfer is consistent with the “right of self-determination” as it currently stands in international law. I conclude with two competing propositions. Either the Hong Kong case shows a blatant disregard for the right of self-determination, or the Hong Kong case illustrates a fundamental limitation – perhaps fatal limitation – to which the right of self-determination is subject. In either event, I agree with the handful of commentators who have criticized both the British government and the United Nations for not openly addressing the issue of self-determination in the context of Hong Kong.

……

Environmental Conditionality in the Operations of International Development Finance Institutions

John W. Head 
University of Kansas – School of Law
Kansas Journal of Law & Pubic Policy, Vol. 1, pp. 15-26, 1991

[posted May 3, 2011]

Each year, the World Bank and other international development finance institutions (IDFIs) lend billions of dollars to the less developed countries of the world. That lending is typically made conditional upon the borrowers’ taking of certain actions that the IDFIs favor. This practice of conditionality has drawn sharp criticism from many quarters.

II. Books

The Fundamentals of International Human Rights Treaty Law

Bertrand G. Ramcharan

Brill, February 2011

This book has a simple objective: to present the fundamentals of international human rights treaty law in a way that can be helpful to the national leader, official, or legal adviser whose duty it is to help put a human rights treaty regime into the law and practice in his or her country. It is a book of international law, as provided for in the principal international and regional human rights treaties and draws upon the jurisprudence and practice of their monitoring organs. Chapter I discusses the nature and characteristics of international human rights law. Chapter II discusses the concept of a national protection system which must be in place if a human rights treaty is to be adequately implemented. Chapter III discusses the jurisprudence and practice of treaty bodies on the foundation issues of democracy and the rule of law. Chapter IV discusses human rights in times of crises and emergencies. Chapter V discusses preventive strategies. Chapter VI discusses the duty of Governments to respect, to protect and to ensure human rights. Chapter VII discusses the duty of Governments to provide redress for violations that might take place. Chapter VIII discusses the essence of supervision in reporting systems. Chapter IX discusses the essence of petitions and fact-finding procedures. Chapter X concludes with a discussion of the bedrock principles of universality, equality and justice as they emerge from the jurisprudence and practice of human rights treaty bodies.

……

National Minorities in Inter-State Relations

Edited by Francesco Palermo and Natalie Sabanadze

Brill, February 2011

Ethno-cultural and State boundaries seldom overlap. Almost all States have minorities of some kind, with many belonging to communities which transcend State frontiers. These communities often serve as a bridge between States, fostering a climate of dialogue and tolerance. However, when transfrontier cultural ties take on political significance and States unilaterally take steps to defend, protect or support what they describe as “their kin” outside their jurisdiction, there is a risk of political tension or even violence. To what extent and how can States pursue their interests with regard to national minorities abroad without jeopardizing peace and good neighbourly relations? This is the question addressed by the OSCE High Commissioner on National Minorities in his Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations. The book analyses the Recommendations from the legal and political/security perspective and engages in more general discussion on how questions of national minorities affect inter-State relations.

……

International Maritime Boundaries (Volumes I-VI)

Brill, February 2011

Co-Publication with: The American Society of International Law

This is the ultimate guide to international maritime boundaries. Its unique practical features include:

– a systematic examination of all international maritime boundaries worldwide;

– comprehensive coverage, including the text of every modern boundary agreement;

– descriptions of judicially-established boundaries;

– maps and detailed analyses of those boundaries;

– expert papers examining the status of maritime boundary delimitations in each of the ten    regions of the world;

– papers from a global perspective analyzing key issues in maritime boundary theory and    practice; and

– a country-by-country index for volumes I – VI

……

 

Consular Affairs and Diplomacy

Edited by Jan Melissen and Ana Ma Fernandez

Brill, February 2011

Consular Affairs and Diplomacy analyses the multifaceted nature of diplomacy’s consular dimension in international relations.  It contributes to our understanding of key themes in consular affairs today, the consular challenges that are facing the three great powers—the United States, Russia and China—as well as the historical origins of the consular institution in Europe. Consular Affairs and Diplomacy breaks new ground in the field of diplomatic studies by illustrating how consular affairs can be understood in the broader context of diplomatic practice and vice versa. As a result, the much-neglected study of the consular institution may improve our understanding of contemporary diplomacy.

……

Property Rights and Sustainability:

The Evolution of Property Rights to Meet Ecological Challenges

Edited by David Grinlinton and Prue Taylor

Brill, March 2011

As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment.  An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, Property Rights and Sustainability takes on the challenge of fundamentally reconceptualising property rights and systems. It makes a significant contribution to rebalancing the legal framework in a way that specialize humanity as a member of a larger ecological order, the health and integrity of which is of primary importance to the long-term viability of our planet.

Property Rights and Sustainability will be an indispensable resource for those interested in the relationship between property law and the environment, and the ways in which property law can be reshaped to respond to the ecological challenges of our time.

……

Global Constitutionalism in International Legal Perspective

Christine EJ Schwöbel

Brill, March 2011

The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.

……

International Law and Ethics After the Critical Challenge: Framing the Legal within the Post-Foundational

Euan MacDonald

Brill, March 2011

Around twenty years ago, a challenge was laid down to international law by those writing at the critical periphery of the discipline; a challenge that has yet to find satisfactory response. Although often (mistakenly) pecializedn as nihilist, this book seeks to recast it in positive terms; to pose the question of what – if anything – is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must – inevitably – be used to justify them are irreducibly, radically subjective. After detailed analyses of different political and international legal philosophers who have confronted this issue, the answer is located in a “turn to literature” and a rehabilitation of the ancient notion of rhetoric.

……

International Humanitarian Law: Theory, Practice, Context

Daniel Thürer

Brill, March 2011

The Pocket Books of the Hague Academy of International Law

In addition to the prestigious Collected Courses of the Hague Academy of International Law in hardback, the Curatorium of the Academy has decided to yearly publish, in English or French, certain courses from the private or public international law sessions in the form of low-cost ‘pocket books’. These courses, given to the Academy’s students by eminent specialists, focus on topics which are of particular interest, especially from a pedagogical perspective, to students and, more generally, to all who take an interest in the principal questions of international law. With this new publication, the Academy hopes to fully fulfil its role in the diffusion and promotion of international law, by making it accessible to all.

……

Ocean Yearbook 25

Edited by Aldo Chircop, Scott Coffen-Smout and Moira McConnell

Brill, March 2011

Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook provides information in one convenient resource. As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key legal and policy instruments and an annually updated global directory of ocean-related organizations.

……

Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010)

Edited by The Xiamen Academy of International Law

Brill, April 2011

The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations

……

Legal Aspects of Satellite Remote Sensing

Atsuyo Ito

Brill, April 2011

The applications and uses of satellite remote sensing have burgeoned during the last decade and the associated legal aspects of satellite remote sensing have become increasingly important, however, the legal regime in this area is surprisingly inadequate. The research undertaken for this book provides, for the first time in one place, an examination of the existing regime and highlights shortcomings with regard to liability, data policy and data integrity before proposing improvements needed for the full beneficial exploitation of remotely sensed data, particularly in support of disaster management and the protection of the environment. The book aims to bridge gaps of the current legal regime of remote sensing, which is largely unregulated, and document the latest research related to the legal aspects of remote sensing.

……

The Public International Law Regime Governing International Investment

José Alvarez

Brill, April 2011

The Pocket Books of the Hague Academy of International Law

In addition to the prestigious Collected Courses of the Hague Academy of International Law in hardback, the Curatorium of the Academy has decided to yearly publish, in English or French, certain courses from the private or public international law sessions in the form of low-cost ‘pocket books’. These courses, given to the Academy’s students by eminent specialists, focus on topics which are of particular interest, especially from a pedagogical perspective, to students and, more generally, to all who take an interest in the principal questions of international law. With this new publication, the Academy hopes to fully fulfil its role in the diffusion and promotion of international law, by making it accessible to all.

……

Beyond Victor’s Justice:

The Tokyo War Crimes Trial Revisited

Edited by Yuki Tanaka, Timothy L.H. McCormack and Gerry Simpson

Brill, April 2011

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.

……

Children’s Rights: Progress and Perspectives –

Essays from the International Journal of Children’s Rights

Edited by Michael Freeman

Brill, April 2011

More has been written about children, childhood and children’s rights in the last 20 years than in the rest of history. There are more university courses focusing on children now than ever before. The International Journal of Children’s Rights has been a major player in all this. Its impact is worldwide. It has established itself as the leading journal in the field. The journal is now in its 19th year, and is flourishing. This volume has been compiled not only to commemorate the journal’s work, but also the

20th anniversary of the Convention coming into operation, and of the first World Summit on Children. An anthology of the best articles published in these formative years, this volume offers a representative sample of what the journal has achieved. Some of the articles are ones which are frequently cited, whilst others are less well known; some deal with theory, others with practice. The case for children’s rights is to be found throughout this collection, as is the history of children’s rights. Some articles are devoted to the UN Convention, others cover a wide selection of issues relating to different children’s rights, ranging from children and religion, the relationship between women and children, to children and health, and how children perceive their rights.

……

Member States versus the European Union: The Regulation of Gambling

Alan Littler

Brill, April 2011

Since the 1990s the European Court of Justice has provided an institutional backdrop from which the requirements of EU law regarding gambling regulation are evolving. Given the total absence of pecializedn, Member States are competent to regulate gambling conditional upon such regulation being compatible with EU law. This book analyses the regulatory approaches undertaken in France, the Netherlands and the United Kingdom regarding a variety of forms of online and offline gambling with a view to assessing the compatibility of these approaches. Furthermore it illustrates prevailing commonalities between the regimes and injects a degree of realism into the debate, softening the hard stance taken by stakeholders at opposite ends of the policy spectrum.

……

Sustainable Waste Trade under WTO Law:

Chances and Risks of the Legal Frameworks’ Regulation of

Transboundary Movements of Wastes

Mirina Grosz

Brill, May 2011

Waste tends to be understood as the potentially polluting and unsolicited by-product of our daily lives, a source of risk for the environment and human health. Nonetheless, a transboundary market for wastes as valuable raw materials and second-hand goods has emerged, and states ship wastes to pecialized disposal and recycling sites abroad.This book provides a thorough analysis of the Basel Convention and the applicable OECD and EU frameworks of regulation. The author adopts a legal approach that encompasses the environmental, human rights, and WTO law aspects of waste trade. It explores the potential of the concept of “sustainable development” to integrate divergent regulatory approaches under the umbrella of the WTO in particular, and identifies crucial elements of a more comprehensive and sustainable solution for international waste trade.

……

Vattel’s International Law from a XXIst

Century Perspective,

Edited by Vincent Chetail and Peter Haggenmacher

Brill, May 2011

No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. Vattel’s International Law from a XXIst Century Perspective explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law. It gathers the contributions from well-known experts of international law and history for the purpose of evaluating the Law of Nations from a XXIst Century perspective. The multiple facets of Vattel’s thinking are apprehended through a wide-ranging and comprehensive analysis respectively devoted to the international system, the sources of international law, the subjects of international law, the law of peace, and the law of war.

……

The Maritime Labour Convention, 2006:

A Legal Primer to an Emerging International Regime

Moira McConnell, Dominick Devlin and Cleopatra Doumbia-Henry

Brill, May 2011

The Maritime Labour Convention, 2006 (MLC, 2006), adopted by the International Labour Organization, is the fourth pillar of the international maritime regulatory regime. It both fills a gap in the 1982 United Nations Convention on the Law of the Sea and complements the International Maritime Organization’s core conventions.  The MLC, 2006 covers most aspects of the maritime labour sector, and establishes an effective enforcement and compliance system with, for the first time, shipboard certification. Co-authored by three legal experts involved throughout its negotiation, The Maritime Labour Convention, 2006: A Legal Primer to an Emerging International Regime discusses the

MLC, 2006 within the contexts of labour and maritime law, and provides an annotated version of the text.

……

International Encyclopedia of Comparative Law

Volume III (2 vols)

Chief Editor: Kurt Lipstein

Brill, June 2011

The International Encyclopedia of Comparative Law, published in 17 volumes, is co-authored by world-wide recognized leading specialists of the topics covered by the respective volume. Volume III contains 32 comparative analyses of the various aspects of the conflict of laws. Thirteen chapters deal with general aspects while 19 chapters are devoted to specific fields (with major contributions on the law applicable to marriage, contracts and restrictions on competition).

……

Critical Perspectives on Human Rights and Disability Law

Edited by Marcia H. Rioux, Lee Ann Basser and Melinda Jones

Brill, July 2011

This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship. This book breaks new ground in its consideration of the way in which human rights principles can be applied in law and policy to achieve positive outcomes for people with disabilities. The editors are legal and disability studies scholars who have used both individual experience with disability and contemporary disability theory to address the systemic nature of disability discrimination in law and judicial decision making. The outcomes and processes which promote the human rights principles of dignity, equality and inclusion in practice are explored through their work.

……

Sex and Gender Crimes in the New International Law:

Past, Present, Future

Alona Hagay-Frey

Brill, July 2011

In times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international law’s treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes – the gender stratum – must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations’ laws, and eradicates the remnants of patriarchy linked to this offense.

……

Principles of Islamic International Criminal Law

A Comparative Search

Farhad Malekian

Brill, June 2011

While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In fact, most Islamic nations have ratified the ICC Statute. They have thereby contributed to the establishment of the pillars of morality, equality, peace and justice. At the same time, those pillars may be strengthened by means of an accurate interpretation of the principles of Islamic international criminal law by all parties. The objective of these comparative philosophies is to examine their core principles, similarities and differences. The intention is to indicate that the difference in theories may not be significant if their dimensions are judged objectively and with the noblest of motives towards mankind.

……

Selected Contemporary Issues in the Law of the Sea

Edited by Clive R. Symmons

Brill, June 2011

Drawing on papers presented at Trinity College, Dublin, in 2010, Selected Contemporary Issues in the Law of the Sea provides a cohesive discussion on various challenges involved with the law of the sea.

International experts cover topics such as straight baselines, high seas/EEZ jurisdiction, the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas. In addition, Selected Contemporary Issues in the Law of the Sea delves into topics seemingly neglected in contemporary literature. The permissible use of artificial constructions as basepoints is discussed, for example, as are human rights issues involved in boarding non-flag ships; and in the context of piracy, issues such as the Japanese and NGO (Greenpeace) attitudes to current interventions (socalled ‘eco-piracy’) by NGO ships to prevent Japanese whaling activities in Antarctic waters.

……

Yearbook of International Organizations 2011/2012:

Organization Descriptions and Cross-References

Edited by Union of International Associations

Brill, June 2011

Volume 1 (A and B) of the Yearbook of International Organizations covers international

organizations throughout the world, comprising of their aims, activities and events. This

includes names (in English, French and, where available, other languages), abbreviations and

descriptions of over 34,000 not-for-profit organizations currently active in every field of human

endeavor, as well as references to associated organizations, whose goals cross all economic,

political and geographical borders, offering an insight into new, productive relationships.

……

Cross-Border Governance in Asia: Regional Issues and Mechanisms

UNU Press, April 2011

by Christopher A. McNally, G. Shabbir Cheema and Vesselin Popovski

Rapid globalization has led to increased flows of capital, services, ideas, knowledge and people between countries. Problems that face one nation often have a rippling impact throughout the region and globally. The growing list of cross-border challenges cannot be resolved by isolated policy action at the national or sub-national levels. It is essential to forge cross-border strategic alliances and develop consolidated approaches through regional platforms for dialogue and mechanisms for action. This book discusses regional governance mechanisms and institutional arrangements to respond to emerging cross-border issues and trends in Asia and the Pacific

……

Blood and Borders: The Responsibility to Protect and the Problem of the Kin-State

UNU Press, April 2011

by Ramesh Thakur, Vesselin Popovski and Walter Kemp

Map lines delineating statehood can become blurred by bloodlines of nationhood. Inter-ethnic conflict and genocide have demonstrated the dangers of failing to protect people targeted by fellow citizens. When minority groups in one country are targeted for killings or ethnic cleansing based on their group identity, whose responsibility is it to protect them? In particular, are they owed any protective responsibility by their kin state? How can cross-border kinship ties strengthen greater pan-national identity across borders without challenging territorially defined national security? As shown by the Russia–Georgia conflict over South Ossetia, unilateral intervention by a kin state can lead to conflict within and between states. The world cannot stand by when minority rights are being trampled, but the protection of national minorities should not be used as an excuse to violate state sovereignty and generate inter-state conflict. This book suggests that a sensible answer to the kin state dilemma might come from the formula “neither intervention nor indifference” that recognizes the special bonds but proscribes armed intervention based on the ties of kinship.

……

The Dark Side of Globalization

UNU Press, April 2011

by Jorge Heine and Ramesh Thakur

Seen by some as a desirable and irreversible engine of prosperity and progress, globalization is resisted by others as the soft underbelly of a corporate imperialism that plunders and profiteers in the global marketplace. Globalization has brought many benefits, including the reduction of poverty in several countries. But it also has a dark side: the unleashing of negative forces as a result of the compression of time and space made possible by modern technology. Examples include the transnational flows of terrorism, drug and human trafficking, organized crime, money laundering, and global pandemics. How do these various expressions of “uncivil society” manifest themselves? How do they exploit the opportunities offered by globalization? How can governments, international organizations and civil society deal with the problem? From arms trafficking in West Africa through armed insurgencies in South Asia and the upsurge of jihad in the age of globalization, this book examines the challenges that the dark forces of globalization pose to the international system and the responses they have triggered. Written largely by authors from developing countries, the book’s goal is to help maximize the beneficial consequences of globalization while muting its baleful effects.

……

Climate Change and Global Sustainability: A Holistic Approach

UNU Press, April 2011

by Akimasa Sumi, Nobuo Mimura and Toshihiko Masui

Climate change owing to global warming is a paramount concern for society in the twenty-first century, and it is not an issue that can be solved by individual academic or scientific disciplines working in isolation. Because climate change involves a wide range of interlinked problems, solutions must be pursued in an interdisciplinary manner. This book adopts just such a holistic approach in examining various aspects of global warming, and offers readers a comprehensive overview.

First, the mapping of knowledge about global warming is presented as a framework for addressing the issue. This is followed by a discussion of risk in relation to global warming and of the communication of risk between academia and society. Impacts, adaptation strategies, the institution of a low-carbon society and a number of other policy concerns associated with climate change are then reviewed. Because human behaviour is a critical factor in the move towards a low-carbon society, issues involving quality of life are also presented, with an emphasis on philosophy. Finally, the book considers the integration of three scenarios for society—a low-carbon society, a resource-circulating society, and a society in harmony with nature—and presents a comprehensive vision of the future.

……

Globalisation And Natural Resources Law:

Challenges, Key Issues and Perspectives

Elena Blanco , Jona Razzaque

Edward Elgar, 2011

Contents
Contents: Introduction Part I: Theories, Principles and Key Issues 1. Globalisation and Natural Resources: Themes, Challenges and Dilemmas 2. Globalisation and Natural Resource Management: Principles and Approaches 3. Legal Framework Guiding Natural Resource Management Part II: Challenges 4. Global Governance and Sustainable Natural Resource Management through States and International Institutions 5. Multinational Corporations, Civil Society and Non-state Actors: Participation, Governance and Accountability 6. Compliance Part III: Approaches 7. Water Resources 8. Renewable Energy 9. Biological Resources Index

……

Intellectual Property Rights In A Fair World Trade System

Kur, A.

Edward Elgar, 2011

‘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

……

Cultural Property Law And Restitution

Stamatoudi, I.A.

Edward Elgar, 2011

Contents
Contents: Introduction 1. Cultural Property and Restitution: The Theories of Cultural Nationalism and Cultural Imperialism 2. International Conventions 3. Community Law 4. Other Sources of Regulation and the Role of International Organisations 5. Dispute Resolution in Cultural Property Cases 6. Evolution and Basic Trends Conclusions Bibliography Index

……

Research Handbook On International Criminal Law

Brown, B.S.

Edward Elgar, 2011

The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.’ – James Crawford, Cambridge University, UK

……

Intellectual Property, Human Rights And Development

Matthews, D.

Edward Elgar, 2011

Contents
Contents: 1. The Interface between Intellectual Property, Human Rights and Development 2. Public Health and Access to Medicines 3. Agriculture, Genetic Resources and Traditional Knowledge 4. South Africa 5. Brazil 6. India 7. Emphasizing the Link between Intellectual Property, Human Rights and Development: The Role of NGOs and Social Movements 8. Reappraising Intellectual Property Rights and Development: The Role of NGOs and Social Movements Bibliography Index

……

Statelessness And Citizenship

Blitz, B.K. Lynch, M.

Edward Elgar, 2011

Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.’ – Linda K. Kerber, University of Iowa, US

……

Handbook On International Corporate Governance

Mallin, C.A.

Edward Elgar, 2011

‘Throughout the world there is conflict between the desire to reap wealth from strong corporate functioning and the imperative of preserving the integrity of the sovereign state. Christine Mallin has assembled a collection of delightful essays describing the current circumstances of corporate governance in a variety of different countries. The volume reads like a story, fascinating, accessible and informative. The book can be read for information in each article or as a totality giving insight into the critical balancing of interests required in particular countries. Anyone buying this book – and you should – will have a fine experience.’ – Robert Monks, Lens Governance Advisors, US

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 66: May 03, 2011

ALAN O’NEIL SYKES, EDITOR

Adjudicating Armed Conflict in Domestic Courts: The Experience of Israel’s Supreme Court

Galit Raguan, Berkeley Law (Boalt Hall)

 

Jus Cogens: International Law’s Higher Ethical Norms

Mary Ellen O’Connell, Notre Dame Law School

 

The Alien Tort Statute, Federalism, and the Next Wave of International Law Litigation

Donald Earl Childress III, Pepperdine University School of Law

 

Seminar on the Outcome of the Advisory Opinion Issued by the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea on 1 February 2011 on the Responsibilities and Obligations of States Sponsoring Activities in the International Seabed Area

Cymie R. Payne, Lewis & Clark Law School

 

Lemkin’s Situation: Toward a Rhetorical Understanding of ‘Genocide’

Perry S. Bechky, Seattle University School of Law

 

Hybrid Sources of Law: Armed Groups and the Creation of International Law

Anthea Roberts, London School of Economics – Department of Law
Sandesh Sivakumaran, University of Nottingham

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 65: May 02, 2011

ALAN O’NEIL SYKES, EDITOR

Is the Legalization of Human Rights Really the Problem? Genocide in the Guatemalan Historical Clarification Commission

Richard Ashby Wilson, affiliation not provided to SSRN

 

Book Review: Gentian Zyberi, The Humanitarian Face of the International Court of Justice: Its Contribution to Interpreting and Developing International Human Rights and Humanitarian Law Rules and Principles

Jernej Letnar Cernic, European Faculty of Law (EVRO-PF), Faculty of State and European Studies

 

‘Efficiency’ Jus in Bello and ‘Efficiency’ Jus Ad Bellum in the Practice of Targeted Killing Through Drone Warfare?

Kenneth Anderson, Washington College of Law, American University, Stanford University – The Hoover Institution on War, Revolution and Peace, Brookings Institution – Governance Studies

 

Mede-Eigendom en Onverdeeldheid (Joint and Undivided Ownership)

Alain-Laurent P.G. Verbeke, Catholic University of Leuven, Faculty of Law, Department of Private Law, Catholic University of Leuven, Faculty of Psychology, University of Tilburg Department of Private Law and TISCO, Harvard Law School, Catholic University of Portugal (UCP) – Católica Global School of Law, University of Brussels (VUB), University of Hasselt, Greenille Attorneys
Steven Snaet, affiliation not provided to SSRN

 

Book Review: Democratisation and the Prevention of Violent Conflict: Lessons Learned from Bulgaria and Macedonia, by Jenny Engstrom

Isabelle Ioannides, Institute of European Studies, Free University of Brussels (ULB)

 

The Transnational Regime Complex for Climate Change

Kenneth Wayne Abbott, Arizona State University

 

Bowman Lives: The Extraterritorial Application of U.S. Criminal Law after Morrison v. National Australia Bank

Zachary D. Clopton, United States Attorney’s Office – Northern District of Illinois

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 64: Apr 29, 2011

ALAN O’NEIL SYKES, EDITOR

Genocide in the Middle East: The Ottoman Empire, Iraq, and Sudan

Hannibal Travis, Florida International University College of Law

 

Targeted Killing Court: Why the United States Needs to Adopt International Legal Standards for Targeted Killings and How to Do So in a Domestic Court

Michael Robert Epstein, Journal of International Law

 

The International Criminal Court and the Doctrine of Complementarity

Raluca David, affiliation not provided to SSRN

 

Humanity’s Histories: Evaluating the Historical Accounts of International Tribunals and Truth Commissions

Richard Ashby Wilson, affiliation not provided to SSRN

 

Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity

Emily Crawford, University of Sydney – Faculty of Law

 

Das Kosovo-Gutachten und Globaler Konstitutionalismus (The Kosovo Opinion and Global Constitutionalism)

Anne Peters, University of Basel – Faculty of Law

 

Legitimacy at the United Nations

Ian Hurd, Dept. of Political Science, Northwestern University

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 63: Apr 28, 2011

ALAN O’NEIL SYKES, EDITOR

Regulating Information Flows, Regulating Conflict: An Analysis of United States Conflict Minerals Legislation

Christiana Ochoa, Indiana University Maurer School of Law
Patrick James Keenan, University of Illinois College of Law

 

Comparative International Law? The Role of National Courts in Creating and Enforcing International Law

Anthea Roberts, London School of Economics – Department of Law

 

A Theoretical Analysis of Bargaining and Interstate Water Compacts

Martin D. Heintzelman, Clarkson University School of Business

 

Is There Light at the End of the Gas Pipe? On the (Provisional?) Applicability of the Energy Charter Treaty to the 2009 Russia-Ukraine Gas Transit Dispute and the Relevance of the Yukos Interim Awards

Anna Marhold, affiliation not provided to SSRN

 

Better Work: Problems with Exporting the Better Factories Cambodia Project to Jordan, Lesotho, and Vietnam

Paul David Harpur, The University of Queensland – T.C. Beirne School of Law

 

Profitable Participation: Technology Innovation as an Influence on the Ratification of Regulatory Treaties

Chris Marcoux, College of William and Mary
Johannes Urpelainen, Columbia University

 

Water Security: Identifying Governance Issues and Engaging Stakeholders

Eric Dannenmaier, Indiana University, Indianapolis

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 49: May 02, 2011

CHRISTIANA OCHOA, EDITOR

Profitable Participation: Technology Innovation as an Influence on the Ratification of Regulatory Treaties

Chris Marcoux, College of William and Mary
Johannes Urpelainen, Columbia University

 

Friends of the Panel: The Evolution of Amicus Participation in International Investment Arbitration

Andrew Friedman, affiliation not provided to SSRN

 

How Nations Share

Allison Christians, University of Wisconsin Law School

 

Conceptualizing Global Substantive Justice in the Age of Obama

Adrien Katherine Wing, University of Iowa – College of Law

 

Pirates in the Family Room: How Performances from Abroad, to U.S. Consumers, Might Evade Copyright Law

Tom W. Bell, Chapman University – School of Law

 

The Legal Status of Decisions by Human Rights Treaty Bodies in National Law

Andre Nollkaemper, University of Amsterdam – Amsterdam Center for International Law
Rosanne van Alebeek, University of Amsterdam, Faculty of Law, Amsterdam Center for International Law

 

Pragmatism Not Dogmatism: The Inconvenient Need for Border Adjustment Tariffs Based on What is Known About Climate Change, Trade, and China

Adam J. Moser, US-China Partnership for Environmental Law – Vermont Law School

 

Regulating Information Flows, Regulating Conflict: An Analysis of United States Conflict Minerals Legislation

Christiana Ochoa, Indiana University Maurer School of Law
Patrick James Keenan, University of Illinois College of Law

 

Cooperative Legalism and the Non-Americanization of European Regulatory Styles: The Case of Data Privacy

Francesca Bignami, George Washington University – Law School

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 39, May 03, 2011

ALAN O’NEIL SYKES, EDITOR

Internet Disputes, Fairness in Arbitration and Transnationalism: A Reply to Dr Hörnle

Thomas Schultz, University of Geneva

 

Fog in GATS Commitments – Boon or Bane?

Rudolf Adlung, World Trade Organization
Peter Morrison, affiliation not provided to SSRN
Martin Roy, World Trade Organization (WTO) – Trade in Services Division
Weiwei Zhang, affiliation not provided to SSRN

 

Is China’s Antidumping More Retaliatory than that of the US?

Xiaohua Bao, affiliation not provided to SSRN
Larry Dongxiao Qiu, Hong Kong University of Science & Technology (HKUST) – Department of Economics

 

Law and International Commerce: Between the Parochial and the Cosmopolitan

J. J. Spigelman, Supreme Court of New South Wales

 

The Indonesia Telecommunications Regulations: Privatization and Open Competition

Danrivanto Budhijanto, affiliation not provided to SSRN

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 38, May 02, 2011

ALAN O’NEIL SYKES, EDITOR

Regional Integration in the Americas: State of Play, Lessons, and Ways Forward

Antoni Estevadeordal, Inter-American Development Bank (IADB)
Matthew Shearer, affiliation not provided to SSRN
Kati Suominen, affiliation not provided to SSRN

 

How Nations Share

Allison Christians, University of Wisconsin Law School

 

Financial Crises and Civil Society

Claire Kelly, Brooklyn Law School

 

Regulating Information Flows, Regulating Conflict: An Analysis of United States Conflict Minerals Legislation

Christiana Ochoa, Indiana University Maurer School of Law
Patrick James Keenan, University of Illinois College of Law

 

Trade Structure, Transboundary Pollution and Multilateral Trade Liberalization: The Effects on Environmental Taxes and Welfare

Bruno Nkuiya, Université de Montréal

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 38, May 04, 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

From the Bottle to the Grave: Realizing a Human Right to Breastfeeding Through Global Health Policy

Benjamin Mason Meier, University of North Carolina at Chapel Hill
Miriam Labbok, University of North Carolina (UNC) at Chapel Hill – Department of Maternal and Child Health

 

The Duty to Settle in WTO Dispute Settlement

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

 

Doha Round Negotiations on Subsidy and Countervailing Measures: Potential Implications on Trade Flows in Fishery Sector

Debashis Chakraborty, Indian Institute of Foreign Trade
Julien Chaisse, Chinese University of Hong Kong (CUHK) – Faculty of Law
Animesh Kumar, affiliation not provided to SSRN

 

Risk and Ethical Governance of Nano-Convergence Technology: An Initial Comparison of the Technological Impact Assessment Between South Korea and Taiwan

Kuei-Tien Chou, affiliation not provided to SSRN
Hwa-Meei Liou, affiliation not provided to SSRN

 

Fair Trade and Child Labor

Shima Baradaran, Brigham Young University – J. Reuben Clark Law School
Stephanie H. Barclay, affiliation not provided to SSRN

 

La Jurisdicción Del Tribunal Europeo De Derechos Humanos En Casos De Extradición – A Propósito Del Caso Klein C. Rusia (The Jurisdiction of the European Court of Human Rights in Extradition Cases – On the Case of Klein vs. Russia)

Jan Schneider, affiliation not provided to SSRN

 

Wages, Work, Privilege and Legal Education

Gene R. Nichol, University of North Carolina (UNC) at Chapel Hill – School of Law

 

Access to Habeas Corpus: A Human Rights Analysis of U.S. Practices in the War on Terrorism

Brian Richard Farrell, University of Iowa – College of Law, National University of Ireland, Galway (NUIG) – Irish Centre for Human Rights

 

The Status of Corporations in the Travaux Preparatoires of the Genocide Convention: The Search for Personhood

Michael J. Kelly, Creighton University School of Law, American Society of International Law

 

Targeted Killing and Drone Warfare: How We Came to Debate Whether There is a ‘Legal Geography of War’

Kenneth Anderson, Washington College of Law, American University, Stanford University – The Hoover Institution on War, Revolution and Peace, Brookings Institution – Governance Studies

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 37, May 03, 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

Global Health Governance and the Contentious Politics of Human Rights: Mainstreaming the Right to Health for Public Health Advancement

Benjamin Mason Meier, University of North Carolina at Chapel Hill

 

Human Rights Disclosure Litigation: Uncovering Invisible Medical Records

Ena Chadha, affiliation not provided to SSRN

 

Pre-Trial Detention and Control Orders Under British Anti-Terror Legislation Post 9/11: Balancing a Need for Security With the European Convention on Human Rights – An Overview

Sascha-Dominik Oliver Vladimir Bachmann, affiliation not provided to SSRN
Peter Galvin, affiliation not provided to SSRN

 

Conspicuously Absent: Birth Choice as the Next Feminist Fight

Jessica Wilkerson, Vermont Law School

 

Food and Drug Law as Intellectual Property Law: Historical Reflections

Kara W. Swanson, Northeastern University School of Law

 

The Law: What’s Disability Studies Got to Do with It or An Introduction to Disability Legal Studies

Arlene Kanter, Syracuse University – College of Law

 

Navigating the Global Health Terrain: Mapping Global Health Diplomacy

David P. Fidler, Indiana University Maurer School of Law

 

The Future of the WTO: From Authoritarian ‘Mercantilism’ to Multilevel Governance for the Benifit of Citizens?

Ernst-Ulrich Petersmann, European University Institute – Department of Law (LAW)

 

FTAs and Safegaurd Norms: Their Variation and Compatibility

Won-Mog Choi, affiliation not provided to SSRN

 

Elephant in the Room: Challenges of Integrating China into the WTO System

Henry S. Gao, Singapore Management University, University of Hong Kong

 

Trade Liberalisation in Asia: Why Intra-Asian Free Trade Agreements are Not Utilised by the Business Community

Bryan Christopher Mercurio, Chinese University of Hong Kong – Faculty of Law, University of New South Wales – Faculty of Law

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 36, May 02, 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

Helping Haiti in the Wake of Disaster: Law Students as First Responders

JoNel Newman, University of Miami – School of Law
Melissa Swain, affiliation not provided to SSRN

 

The Legal Status of Decisions by Human Rights Treaty Bodies in National Law

Andre Nollkaemper, University of Amsterdam – Amsterdam Center for International Law
Rosanne van Alebeek, University of Amsterdam, Faculty of Law, Amsterdam Center for International Law

 

Regulating Information Flows, Regulating Conflict: An Analysis of United States Conflict Minerals Legislation

Christiana Ochoa, Indiana University Maurer School of Law
Patrick James Keenan, University of Illinois College of Law

 

Apportioning Responsbility Among Joint Tortfeasors for International Law Violations

Roger Paul Alford, Pepperdine University – School of Law

 

Undocumented Immigrants and Citizenship: Universal Values in a World of Nation-States

Ronald Schmidt, affiliation not provided to SSRN

 

Dignity as an Expressive Norm: Neither Vacuous Nor a Panacea

Tarunabh Khaitan, Faculty of Law, University of Oxford

 

FDI, BITS and the Marginalization of Labour Standards

Tissya Mandal, India University – West Bengal National University of Juridical Sciences (NUJS)

 

Lemkin’s Situation: Toward a Rhetorical Understanding of ‘Genocide’

Perry S. Bechky, Seattle University School of Law

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 20: Apr 28, 2011

DIANE MARIE AMANN, EDITOR

Is the Legalization of Human Rights Really the Problem? Genocide in the Guatemalan Historical Clarification Commission

Richard Ashby Wilson, affiliation not provided to SSRN

 

Psychic Numbing and Mass Atrocity

Paul Slovic, Decision Research, University of Oregon – Department of Psychology
David Zionts, Harvard Law School
Andrew K. Woods, Harvard Law School
Ryan Goodman, New York University (NYU) – School of Law
Derek Jinks, University of Texas School of Law

 

Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity

Emily Crawford, University of Sydney – Faculty of Law

 

Criminal Liability for Oil Pollution Damage: An Economic Analysis

Michael G. Faure, University of Maastricht – Faculty of Law, Metro, Erasmus University Rotterdam (EUR) – Erasmus School of Law

 

Double Jeopardy on the ‘Rez’ and the Unconstitutionality of the Duro-Fix

Marcus Allen Murphy, affiliation not provided to SSRN

 

Bowman Lives: The Extraterritorial Application of U.S. Criminal Law after Morrison v. National Australia Bank

Zachary D. Clopton, United States Attorney’s Office – Northern District of Illinois

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 42: May 04, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

A Fürstin by Any Other Name? Citizenship, Identity, and the Limits of Individual Rights in the ECJ

Hadas Alexandra Jacobi, Columbia Law School

 

The Proposed New Rule of Special Jurisdiction Regarding Rights in Rem in Moveable Property: A Good Option for a Reformed Brussels I Regulation?

Pietro Franzina, University of Ferrara, Italy – Faculty of Law

 

The Economic Perspective of Bank Bankruptcy Law

Matej Marinc, University of Ljubljana – Faculty of Economics, University of Amsterdam
Razvan Vlahu, Dutch Central Bank

 

Agency Design in the European Union

Herwig C.H. Hofmann, Universite du Luxembourg – European Law

 

Revitalizing Doctrinal Legal Research in Europe: What About Methodology?

Rob VanGestel, European University Institute
Hans-W. Micklitz, European University Institute – Department of Law (LAW)

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 41: May 03, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

The European Food Import Safety Regime Under a ‘Stress Test’: The Melamine Contamination of the Global Food Supply Chain

Alberto Alemanno, HEC Paris – Law Department

 

An Ever Distant Union: The Cross-Border Loss Relief Conundrum in EU Law

Violeta Ruiz Almendral, Universidad Carlos III de Madrid

 

Law & Economics Perspectives on Electricity Regulation

Adrien de Hauteclocque, Florence School of Regulation, European University Institute RSCAS
Yannick Perez, Université Paris XI Sud

 

Mainstreaming Gender into European Family Law? The Case of International Child Abduction and Brussels II Revised

Ruth Lamont, Liverpool Law School

 

A Shift in Focus: Systematisation in European Private Law Through EU Law

Vanessa Mak, Tilburg Law School

 

Implications of European Disintegration for International Law

Matthew C. Turk, New York University (NYU)

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 40: May 02, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

National Implementation of ECHR Rights: Kant’s Categorical Imperative and the Convention

Mads Andenas, University of Oslo – Faculty of Law, Institute of Advanced Legal Studies, School of Advanced Study, University of London
Eirik Bjorge, University of Oxford – Corpus Christi College

 

Financial Remoteness and the Net External Position

Martin Schmitz, European Central Bank (ECB)

 

The Optimal Assignment of Prerogatives to Different Levels of Government in the EU

Jean-Franois Jamet, affiliation not provided to SSRN

 

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Anca Daniela Chirita, Europa-Institut, Saarland University

 

The European Banking Landscape after the Crisis

Dirk Schoenmaker, Duisenberg School of Finance, VU University Amsterdam

 

(Legal Comparison in the Free Movement of Goods between the EU and ASEAN)

Junlei Peng, University of Hong Kong – Faculty of Law

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 39: Apr 28, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

Criminal Law Beyond the State: The European Model

Massimo Fichera, University of Helsinki, Faculty of Law

 

Pigs or Lambs? The European Sovereign Debt Crisis and the Role of Rating Agencies

Manfred Gartner, University of Saint Gallen – Department of Economics
Florian Jung, University of Saint Gallen
Björn Griesbach, affiliation not provided to SSRN

 

European Regulation of the Market of Services and National Transposition

Lucica Matei, National School of Political Studies and Public Administration (NSPSPA)
Ani I. Matei, National School of Political Studies and Public Administration (NSPSPA)

 

Energy Liberalization in Antitrust Straitjacket: A Plant Too Far?

Malgorzata M. Sadowska, University of Bologna

 

Broadband Universal Service in Europe: Review of Policy Consultations 2005-2010

Orada Teppayayon, Chalmers University of Technology
Erik Bohlin, affiliation not provided to SSRN

 

Response to European Commission Questionnaire ‘Consultation on Citizens’ Rights – The Way Forward’

Anthony Valcke, American Bar Association Rule of Law Initiative, Your Europe Advice

……

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 26, 2008

ARTICLES

  • Non State Negotiations between China and Taiwan – On the Road to European-Style Integration? (Stefan P. Fleischauer,) p.1
  • How Far Can They Succeed? Systematic Speculation on the Prospects for Further Advances in Cross-Strait Relations (Tom Hart) p.20
  • The EU Model for a Taiwan-China Free ‘Dade Agreement (Der-Chin Horng) p.35
  • Kosovo, Ossetia and Abkhazia – A New Strategy of Superpowers? Challenges and Risks for Taiwan (Michael Romanov & Magda Leichtová) p.56
  • Where Minds Meet The “Professionalization” of Cross-Strait Academic Exchange (Ginter Schacher) p.71
  • Revisiting the Diaoyutai/Senkaku Islands Dispute Examining Legal Claims and New Historical Evidence under International Law and the Thaditional East Asian World Order (Han-yi Shaw) p.95

ESSAYS AND RECENT DEVELOPMENTS

  • Global Positioning and Transjudicialism: Taiwanese Experience from a Global Perspective (Chun-Yuan Lin) p.169
  • Regional Conflict and Contrasting Nationalisms: The Impact of Nationalism on the China-Taiwan Conflict Negotiation (Ivan Willis Rasmussen) p.186

CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS OF THE REPUBLIC OF CHINA RELATING TO INTERNATIONAL LAW, 2008 – (Compiled by Chun-i Chen, with the Assist….)

  • Explanatory Note p.205

I. International Law in General

  • President Inaugural Address: Taiwan’s Renaissance (May 20, 2008) p.205
  • Presidential Remarks at Ministry of Foreign Affairs: The Concept and Strategy of the “Flexible Diplomacy” (August 4, 2008) p.210
  • Foreign Policy Report, 7th Congress of the Legislative Yuan, 1st Session (March 5, 2008) p.214
  • Foreign Policy Report, 7th Congress of the Legislative Yuan, 1st Session (june 25, 2008) p.222
  • Foreign Policy Report, 7th Congress of the Legislative Yuan, 2nd Session (September 25, 2008) p.229

II. Subjects of International Law

  • MOFA’s Statement on Recognizing the Republic of Kosovo p.238

III. International Organizations

General

  • Republic of China and Intergovernmental Organizations p.238
  • Republic of China and International Nongovernmental Organizations p.240

United Natons

  • Government Position on the Results of the Referendums on Taiwan’s UN Entry and UN Return p.241
  • Request of the ROC’s Diplomatic Allies for the Inclusion of a Supplementary Item in the Agenda of the Sixty-Third Session: Need to Examine the Fundamental Rights of the 23 Million People of the Republic of China (Taiwan) to Participate Meaningfully in the Activities of the United Nations Specialized Agencies p.242

IV. Individuals

  • Criteria for Residency Qualification and Countries or Regions Where a Permanent Residency Certificate is Difficult to Obtain for the Year 2009 p.247
  • Ministry of the Interior, Ref. No.: Tai-Nei-Hu-Zi-0970177458 Authentication of Translation of Foreign Divorce Judgments, Defendant’s Attendance at the Hearing, Overseas Embassies and Consulates p.249
  • Treatment of Aliens
  • Enactment of the Social Worker Act p.249
  • Amendment of the Civil Service Employment Act p.250
  • Amendment of the Private School Act p.250
  • Ministry of the Interior, Ref. No.: Tai-Nei-Di-Zi-0970042025 India, Land Act, Principle of Reciprocity p.251
  • Ministry of the Interior, Ref. No.: Tai-Nei-Di-Zi-0970059761 Land Act, Principle of Reciprocity, Ukraine p.252
  • Ministry of the Interior, Ref. No.: Tai-Nei-Di-Zi-0970057557 Arizona, Land Act, Louisiana, Mississippi, Principle of Reciprocity p.252
  • Ministry of the Interior, Ref. No.:1ki-Nei Hu-Zi-0970074053 Household Registration, Nationality, Parent-Child Relationship, Vietnam p.253
  • Amendment of the Enforcement Act of the Part of General Principles of the Civil Code p.253
  • Amendment of the Household Registration Law p.254
  • Council of Labor Affably, Ref. No.: Lao-Th-Guan-Zi-0970509294 Alien Resident Certificate, Employment Service Act, Foreign Spouse, Principle of Legitimate Expectations p.254
  • Mutual Recognition of Taiwanese and Quebec Driver’s Licenses p.255
  • Child Welfare Bureau of the Ministry of the Interior, Ref. No.: Tong-Ztwng-Zi-0970008522 Applicable Scope of Laws, Child and Youth Welfare Act, Foreign Media Company p.256
  • Ministry of the Interior, Ref. No.: Tai-Nei-Hu-Zi-0970103816 Foreign Spouse, Nationality Act, Statelessness p.257
  • Enactment of the Speech Therapists Act p.257
  • Amendment of the Employment Service Act p.257
  • Ministry of the Interior, Ref. No: 1hi-Nei Hu-Zi-0970152850 Civil Code, Foreign Spouse, Nationality Act, Naturalization, Proof of livelihood p.258
  • Financial Requirement Abolished for Foreign Spouses p.259
  • Supreme Courtjudgment (December 18, 2008) 97-hi-Shan-Zi-2642 Acquisition of Real Property by Mainland Citizen or Foreigner, Canada, Legitimate Interest of transnational Probate Lawsuits, Principle of Reciprocity, Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area, Validity of Wills p.259
  • Ministry of the Interior, Ref. No.: Tai-Nei-Di-Zi-0970209595 Land Act, Norway, Principle of Reciprocity p.261

V. Territory and Territorial Jurisdiction

  • Supreme Court Judgment (July 24, 2008) 97-11ii-Shan-Zi-3508 Judicial Assistance, Jurisdiction, Foreign Judicial Authorities p.261
  • ROC Reiterates its Sovereignty over the Spratly Islands and Proposes a Spratly Initiative that Focuses on Environmental Protection p.262

VI. State Responsibility p.263

VII. The Law of the Sea, Environment, Health, and Aviation

  • Ministry of 1lansportation and Communications, Ref. No.: Jiao-Hang-Zi-0970058742 Long-Range Identification and Backing System, International Convention for the Safety of Life at Sea, Maritime Safety Committee, International Maritime Organization p.263

VIII. The Law of Treaties p.263

IX. Diplomatic, Consular, and Similar Relations

  • Republic of Gina Terminates Diplomatic Relations with the Republic of Malawi p.263
  • Taiwan Commercial Office in Tripoli Officially Began Functioning in Libya on February 13, 2008 p.264
  • ROC and Guatemala Sign Joint Communiqué p.265

X. Peaceful Settlement of International Disputes

  • The Lienhe Incident and the Diaoyutai Islands
  • Presidential Office’s Statement on Sinking of Taiwan Sports Fishing Boat after Being Bumped by Japanese Coast Guard Vessel off the Diaoyutai Islands p.266
  • Protest of the Minister of Foreign Affairs Regarding the Lienhe Incident p.266
  • ROC Reaffirms Sovereignty over Diaoyutai Islands and Strives to Protect the Rights and Interests of Taiwanese Fishermen p.267
  • Presidential Office’s Statement on Peaceful Conclusion to the Incident off the Diaoyutai Islands p.268

XI. Arms Control, Use of Force, and International Criminal Law p.269

XII. International Economic Relations

  • Restrictions Relaxed for Foreign Investment in Aviation p.269
  • More Liberalization for Trading in Foreign-Currency Futures p.269
  • Amendment of the Custom Act p.270
  • The Free Trade Agreement between the Republic of China and Honduras Comes into Effect p.270
  • Conditions Relaxed for Taiwan Listing by Overseas Enterprises p.271
  • Success in Request to the WTCYs DSB to Establish a Panel to Hear the Dispute with the EC Concerning its Tariff Treatment of Certain Information Technology Products p.272
  • Financial Supervisory Commission, Ref. No.: Jin-Guar Zheng-Ba-Zi-0970050376 Limits on Investment in ROC Securities, Regulation Governing Investment in Securities by Overseas Chinese and Foreign Nationals p.275
  • Rules Eased for Setup of Commercial Banks by Foreign Institutions p.276
  • Supreme Court Judgment (November 6, 2008) 97-Tai-Shan-Zi-5571 Copyright Act, Copyright Protection of Foreign Works p.276
  • Intellectual Property Office of the Ministry of Economic Affairs, Ref. No.: Dian-Zi-You-Jian-Z1-971107a Copyright Act, Tirade-Related Aspects of Intellectual Property Rights, Work of People in the Mainland Area p.271
  • Supreme Administrative Court Judgment (November 20, 2008) 97-Pan-Zi-1019 Custom Value of Imported Goods, FOB Terms, Sales Commission p.277
  • Taiwan to Accede to the WTO Agreement on Government Procurement p.278
  • Supreme Administrative Court Judgment (December 11, 2008) 97-Pan-Zi-1126 Custom Value of Imported Goods, Royalties, Agreement on Implementation of Article VII of the General Agreement on Tariffs and Meade p.281

XIII. Private International Law

  • Enforcement of Foreign Judgments and Awards
  • Supreme Court Judgment (April 24, 2008) 97-Tai-Shan-Zi-835 California, Compulsory Execution, Irrevocable Judgment of the US, Legality of Punitive Damages, Public Good and Customs, Recognition of Foreign Judgment p.282
  • Supreme Court Judgment (September 18,2008) 97- I i-Shan-Zi-1941 California, Compulsory Execution, Foreign Arbitral Award, Irrevocable Judgment of the US, Principle of Reciprocity, Prohibition of Substantive Re-Review p.284
  • Supreme CourtJudgment (September 30,2008)9741d-Shan-Zi-2051 Foreigner’s Capacity to Acquire Real Property, Inheritance, Principle of Reciprocity p.285
  • Supreme Court Judgment (October 16, 2008) 97-Thi-Shan-Zi-2155 Capacity to Sue, Legal Act, Unrecognized Hong Kong or Macau Area Legal Person p.286
  • Supreme Court Judgment (October 23, 2008) 97-11d-Shan-Zi-2247 Australia, Irrevocable Judgment of the ROC, Legally Protectable Interest, Recognition and Execution of Foreign Judgment p.287
  • Supreme Court Judgment (October 24, 2008) 96-Tai-Shan-Zi-2258 Irrevocable Civil Judgment of the Mainland Area, Termination of Partnership Agreement, Recognition of Judgment, Res Judiaota, Unjust Enrichment p.289

XIV. Others

  • Presidential Office Statement on the US Administration’s Approval of Arnes Sale to Thiwan p.290
  • Cross-Strait Relations
  • Rules Governing Review of the Establishment and Supervision of Foundations for Mainland Affairs by Mainland Affairs Council p.291
  • Mainland Affairs Council’s Note on the Significance of the Second “Chiang-Chen Talks” p.298
  • MAC’s Response to the Statement Made by the Mainland Chinese President Hu Jintao on December 31, 2008 p.305

TREATIES/AGREEMENTS AND OFFICIAL, SEMI-OFFICIAL OR UNOFFICIAL AGREEMENTS CONCLUDED BY THE REPUBLIC OF CHINA WITH an= COUNTRIES IN 2008 – Compiled by Chun-i Chen and Pei-Lun Thai

  • Chronological List p.307
  • Selected Texts p.312
  • Central American States
  • Comunicado Conjunto de la XIV Reunión de la Comisión Mixta de Cooperación entre Paises del Istmo Centroamericano y la República de China (Taiwán) p.312
  • Honduras
  • Convenio de Asistencia Técnica y Cooperación Agropecuaria entre la República de China (Taiwán) y la República de Honduras p.315
  • Jordan
  • Memorandum of Understanding between the Financial Supervisory Commission, Teiwar,, ROC. and the Insurance Commission of Jordan Concerning Mutual Cooperation p.318
  • Saint Christopher and Nevis
  • Agreement on Technical Cooperation between the Government of the Republic of China (Taiwan) and the Government of Saint Christopher and Nevis p.321
  • Saint Lucia
  • Agreement on lecimical Cooperation in Agriculture between the Government of the Republic of China ÇISiwan) and the Government of Saint Lucia p.325
  • Solomon Islands
  • Agreement of Agricultural Technical Cooperation between the Government of the Republic of China (‘läiwan) and the Government of Solomon Islands p.328
  • Swaziland
  • Agreement of Agricultural Technical Cooperation between the Republic of China and the Kingdom of Swaziland p.331
  • United Arab Emirates
  • Memorandum of Understanding between Financial Supervisory Commission, Taiwan and Dubai Financial Services Authority p.335
  • United States
  • Memorandum of Understanding between the Money laundering Prevention Center and the Financial Crimes Enforcement Network Concerning Cooperation in the Exchange of Information Related to Money Laundering and Terrorist Financing p.341
  • Agreement between the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan for Cooperation in Astronomy and Astrophysics Research p.344
  • Implementing Arrangement between the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan for Cooperation in Astronomy and Astrophysics Associated with the Atacama Large Millimeter Array Project p.349
  • Memorandum of Understanding on Educational Cooperation between the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan p.354

……

Sri Lanka Journal of International Law, Volume 21, Number 2, 2009

  • Developing a Legal Regime for Internally Displaced Persons in South Asia: A Holistic Approach to Cater for the Special Needs of South Asian Displaced Persons (Wasantha Seneviratne) p.1
  • Sovereign Equality under the Chemical Weapons Convention: Donuts over Holes (James D Fry) p.35
  • The Continuing Relevance of Customary International Law in the Development of International Humanitarian Law (Nirmala Chandrahasan) p.55
  • Regulation of Corporate Crimes (Ruchi Mehta) p.71
  • Locating the Limits of Self-Determination Beyond Shadow Lines of Nation (Amit Bindal & Latika) p.97
  • The Global Judicial Network: Towards New Hope For Development, Democracy and Equality in the Global Era (Malawi Amarasinghe Jayatilake) p.137
  • Reform of the WTO Dispute Settlement System: A Developing Country Perspective (Janak De Silva) p.169
  • An Appraisal on Some Aspects of the Rome Statute of the International Criminal Court (Jeeva Niriella) p.193
  • ISP Liability for Third Party Copyright Infringement: A Comparative Analysis for Setting International Standard Norms (Vinay Vineet Mishra) p.215

……

Water International

Volume 36, Issue 2, 2011

 

Water and post-conflict peacebuilding: introduction
Erika Weinthal; Jessica Troell; Mikiyasu Nakayama
Pages 143 – 153
Full Text PDF | Full Text HTML | Abstract

The new state of South Sudan and the hydro-politics of the Nile Basin
Salman M. A. Salman
Pages 154 – 166
Full Text PDF | Full Text HTML | Abstract

Using freshwater resources to rehabilitate refugees and build transboundary cooperation
Neda A. Zawahri
Pages 167 – 177
Full Text PDF | Full Text HTML | Abstract

Water: triggering cooperation between former enemies
Munther J. Haddadin
Pages 178 – 185
Full Text PDF | Full Text HTML | Abstract

A river ran through it: post-conflict peacebuilding on the Sava River in former Yugoslavia
Stephen Stec; Jana Kovandžić; Marija Filipović; Amar Čolakhodžić
Pages 186 – 196
Full Text PDF | Full Text HTML | Abstract

Lessons learned from environmental management of the Iraqi marshlands in the post-conflict period
Chizuru Aoki; Ali Al-Lami; Sivapragasam Kugaprasatham
Pages 197 – 206
Full Text PDF | Full Text HTML | Abstract

Water’s role in measuring security and stability in Helmand Province, Afghanistan
Laura Jean Palmer-Moloney
Pages 207 – 221
Full Text PDF | Full Text HTML | Abstract

Restoring services, rebuilding peace: urban water in post-conflict Kabul and Monrovia
Jean-François Pinera; Robert Reed
Pages 222 – 231
Full Text PDF | Full Text HTML | Abstract

Strengthening post-conflict peacebuilding through community water-resource management: case studies from Democratic Republic of Congo, Afghanistan and Liberia
Murray Burt; Bilha Joy Keiru
Pages 232 – 241
Full Text PDF | Full Text HTML | Abstract

The right to water and sanitation in post-conflict peacebuilding
Mara Tignino
Pages 242 – 249
Full Text PDF | Full Text HTML | Abstract

……

Nebraska Law Review, Volume 89, Number 3, 2011

  • Tribal Self-Determination in Natural Resources: Management, Control, and Trust Responsibilities or the Lack Thereof in Navajo Nation v. United States, 129 S. Ct. 1547 (2009) (Jacob Stout) p.538

……

Roger Williams University Law Review, Volume 16, Number 1, Winter 2011

ARTICLES AND RESPONSES

  • African Law in Comparative Law: Does Comparativism Have Worth? (Chris Nwachukwu Okeke) p.1
  • The Methodology of Comparative Law (Edward J. Eberle) p.51
  • A Return to Lüth (Peter E. Quint) p.73
  • Comparative Law Methodology & American Legal Culture: Obstacles and Opportunities (Colin B. Picker) p.86
  • History, Memory and Law (Vivian Grosswald Curran) p.100
  • Method, Community & Comparative Law: An Encounter With Complexity Science (David J. Gerber) p.110
  • The Making and Debunking of Legal Tradition (Amalia D. Kessler) p.129
  • Comparative Law Methods in the United States (David S. Clark) p.134

NOTES & COMMENTS

  • The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption: the Need for a Uniform Standard for Intercountry Adoption by Homosexuals (Rachael M. Schupp-Star) p.139
  • Defective Products in a Defective System: Legislation Designed to Level the Playing Field in International Trade (Jessica Shelton) p.171

……

The Modern Law Review

Volume 74, Issue 3 (May 2011)

ARTICLES

What Did the Lawyers Do During the ‘War’? Neutrality, Conflict and the Culture of Quietism (pages 350–384)

Kieran McEvoy

Article first published online: 3 MAY 2011 | DOI: 10.1111/j.1468-2230.2011.00851.x

Abstract  Full Article (HTML)  PDF(350K)

REVIEW ARTICLE

UN Sanctions: Where Public Law Meets Public International Law (pages 456–478)

Nigel D. White

Article first published online: 3 MAY 2011 | DOI: 10.1111/j.1468-2230.2011.00855.x

Abstract  Full Article (HTML) PDF(232K)

REVIEWS

Judicial Transformations: The Rights Revolution in the Courts of Europe by Mitchel de S-O-l’ E. Lasser (pages 482–487)

Carol Harlow

Article first published online: 3 MAY 2011 | DOI: 10.1111/j.1468-2230.2011.856-2.x

Intellectual Property and EU Competition Law by Jonathan D.C. Turner (pages 493–495)

John Townsend

Article first published online: 3 MAY 2011 | DOI: 10.1111/j.1468-2230.2011.856-5.x

International Commercial Litigation by Richard Fentiman (pages 496–499)

Jonathan Fitchen

Article first published online: 3 MAY 2011 | DOI: 10.1111/j.1468-2230.2011.849-1.x

……

Howard Law Journal, Volume 54, Issue 2, Winter 2011

NOTES & COMMENTS

  • FREEZING TERRORISM ASSETS: INCREASING INTERNATIONAL COOPERATION BY OBSERVING PROCEDURAL DUE PROCESS (Sameer Hossain) p.437
  • PROSECUTOR V. LUBANGA: HOW THE INTERNATIONAL CRIMINAL COURT FAILED THE WOMEN AND GIRLS OF THE CONGO (K’Shaani O. Smith) p.467

……

Columbia Human Rights Law Review, Volume 42, Number 2, Winter 2011

ARTICLES

  • There and Back Again: The Strange Journey of Special Advocates and Comparative Law Methodology (David Jenkins) p.279
  • The Constitutional Right to Information (Roy Peled and Yoram Rabin) p.357
  • The Law: What’s Disability Studies Got to Do with It or An Introduction to Disability Legal Studies (Arlene S. Kanter) p.403
  • Using Cognitive Neuroscience to Predict Future Dangerousness (Adam Lamparello) p.481

NOTE

  • The Potential Impact of CEDAW Ratification on U.S. Employment Discrimination Law: Lessons from Canada (Jessica Riggin) p.541

……

European Journal of Health Law, Volume 18, Number 1, 2011

  • Age Determination of Unaccompanied Asylum Seeking Minors in the European Union: A Health Law Perspective (Abbing, Henriette D.C. Roscam) p.11-25
  • Asylum Seekers and Informed Consent — European Perspective (Prudil, Lukáš) p.37-41
  • Selected Legislation and Jurisprudence European Court of Human Rights (Dute, Joseph) p.77-91
  • Selected Legislation and Jurisprudence European Court of Justice (Baeyens, An; Goffin, Tom) p.93-106

……

International Trade Law & Regulation, Volume 17, Issue 1, 2011

Articles

  • Sustainable Agriculture within WTO Law and Arab Countries (BASHAR H. MALKAWI) p.1
  • TRIPS Agreement and Public Health: Implications and Challenges for Bangladesh (MOHAMMAD TOWHIDUL ISLAM) p.10
  • New Shipper Review in India: Need fora Procedural Code (AASHISH GUPTA) p.39

News Section

  • Canada – Industry News – Potashcorp—foreign takeovers N-1
  • Canada – Free Trade Agreements – FTA talks—India N-1
  • Canada – Trade Opportunities – Ongoing increase in Sino-Canadian trade and investment ?-2
  • Canada – North American Free Trade Agreement – Importance of complying with NAFTA rules of origin ?-3
  • United States – Case Law – Alden Leeds Inc v United States ?-4
  • United States – Case Law – US Steel Corp v United States ?-5
  • United States – Case Law – Thai I-Mei Frozen Foods Co Ltd v United States ?-6

……

International Arbitration Law Review, Volume 14, Number 1, 2011

  • Jurisdiction Clauses in State Contracts Subject to Bilateral Investment Treaties (Hop Dang) p.1
  • Anti-suit Injunctions, Arbitration and the Non-EU Perspective: Some Recent Developments (Hakeem Seriki) p.19
  • Nationality of Parties and Arbitrator(s) in International Commercial Arbitration under Iranian Law (Moreza Shahbazinia and Mohammad Issaei Tafreshi) p.29

……

Journal of Maritime Law and Commerce, Volume 42, Number 1, January 2011

  • Canada’s Claim to the Arctic: A Study in Overlapping Claims to the Outer Continental Shelf (Monique Andree Allain) p.1
  • Commentary in Reply to “Is it Time for the United States to Join the Law of the Sea Convention” (John A.C. Cartner & Edgar Gold, Q.C.) p.49
  • On the Definition of the Crime of Sea Piracy Revisited: Customary vs. Treaty Law and the Jurisdictional Implications Thereof (Barry Hart Dubner) p.71
  • International Security Through Further Modernity: A Theoretical Approach to Inland and Maritime Security (Levent Kirval) p.101
  • Will Himalaya Bring Class Down from Mount Olympus?–Impact of the Rotterdam Rules (Paula Buckden) p.115
  • Comparative Study on the Liability of Classification Societies To Third Party Purchasers with Reference to Turkish, Swiss, German and U.S. Law (Tuba Akcura Karaman) p.125

……

American Political Science Review, Volume 105, Number 1, February 2011

  • Do Natural Resources Fuel Authoritarianism? A Reappraisal of the Resource Curse (STEPHEN HABER and VICTOR MENALDO) p.1-26
  • Bribes, Lobbying, and Development (BÅRD HARSTAD and JAKOB SVENSSON) p.46-63
  • Is There a Trade-off between Security and Liberty? Executive Bias, Privacy Protections, and Terrorism Prevention (TIBERIU DRAGU) p.64-78
  • Hobbes, Savagery, and International Anarchy (PAT MOLONEY) p.189-204
  • Coercion and (Global) Justice (LAURA VALENTINI) p.205-220

……

Journal of Islamic State Practices in International Law, Volume 6, Issue 2, 2010

  • Pakistan: Inside and Outside Threats (Catarina Kinnvall) p.3-29
  • Minority Rights: Can SAARC Learn from the Council of Europe? (Nazrul Islam) p.30-42
  • Migration and Minority Formation: The Interplay between Economics, Politics and Conflict (Sumaiya Khair) p.43-66

……

Environmental Law Reporter, News & Analysis, Volume 41, Number 4, April 2011

  • The Clean Air Act: A Suitable Tool for Addressing the Challenges of Climate Change (Robert B. McKinstry, Jr.) p.10301
  • New Source Performance Standards for Global Greenhouse Gas Emissions from the Power and Refining Sectors: Wrong Mechanism at the Wrong Time (Scott H. Segal) p.10312
  • Easier Said Than Done: Displacing the Common Law of Public Nuisance in the Context of States’ Suits to Prevent Climate Change Damages (John Wood) p.10316
  • The Pakistan Supreme Court’s Use of Suo-Motu Actions in Environmental Cases (Aamina Islam) p.10326
  • Earmarking for Environmental Damage: From Oil Spills to Climate Change (Janet E. Milne) p.10334
  • State and Regional Control of Geological Carbon Sequestration (Part 1) (Arnold W. Reitze, Jr. and Marie Bradshaw Durrant) p.10348
  • Everyday Environmentalism: Concerning Consumption (Jason J. Czarnezki) p.10374

……

Journal of Animal & Environmental Law, Volume 1, Number 2, 2010

  • Environment, Security and Environmental Refugees (Laura Story Johnson) p.222

……

UC Irvine Law Review, Volume 1, Number 1, 2011

  • Why and How to Study “Transnational” Law (Carrie Menkel-Meadow) p.97

……

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 77, Number 2, 2011

Articles

  • The Rules of Natural Justice in Arbitration (Rom K.L. Chung) p.167
  • Step in Proceedings: A Step Too Far? (Phillip Spencer Ashley) p.176
  • International Commercial Arbitration in Barbados (Jonathan Haydn-Williams) p.184
  • Sixty-Day Expert Determination Structured to Meet the Commercial Expectations of Business Management (Charles O’Neil and Michael Hammes) p.197
  • Jurisdiction to Determine Jurisdiction (Saksham Chaturvedi and Chanchal Agrawal) p.201
  • Legislation and Guidelines
  • Ghana Outdoores: The New Alternative Dispute Resolution Act 2010 (Act 798): A Brief Appraisal (Hon. Justice Edward Torgbor) p.211
  • Practice Guideline 6: Guidelines for Arbitrators Dealing with Jurisdictional Problems p.220
  • Lectures and Addresses
  • Speech at the CIArb’s London Branch Annual Dinner, November 17, 2010 (Sir Rupert Jackson) p.235
  • Remembering the Year of 1985 in the World of Arbitration (Lord Hacking) p.238

Obituary – Lord Bingham (Arthur Marriott, QC) p.244

Cases

  • The Enforcement of Adjudicator’s Awards under the Housing Grants, Construction and Regeneration Act 1996 (Kenneth T. Salmon) p.248
  • When Does a Term Become a Regime under the Housing Grants, Construction and Regeneration Act 1996? (Anthony Edwards) p.260
  • Jurisdictional Appeals and Security for Costs: Judicial Conflict Resolved: A v B (Hew R. Dundas) p.266
  • The Devil’s in the Detail: Interpreting Compromise Agreements after Oceanbulk (Erich Suter) p.274
  • Rent-A-Center v Jackson (Richard A. Eastman) p.280

Book Reviews

  • Legal Theory of International Arbitration (Troy L. Harris) p.284
  • Il “Rovescio” dell’Arbitrato [The Reverse of Arbitration] (Daniele de Carolis) p.286

……

European Constitutional Law Review, Volume 7, Issue 1, February 2011

•       ‘Thou Shalt be Saved’ (from Trial)? The Ruling of the Italian Constitutional Court on Berlusconi’s Immunity Law in a Comparative Perspective (Sascha Hardt and Mariolina Eliantonio) p.17-39

•       ‘Bad Tendencies’ in the ECtHR’s ‘Hate Speech’ Jurisprudence (Stefan Sottiaux) p.40-63

•       Human Rights in the EU: Rethinking the Role of the European Convention on Human Rights after Lisbon (Wolfgang Weiß) p.64-95

……

International Journal of Law in Context, Volume 7, Issue 2, June 2011

Articles

•       Legal authority and savagery in judicial rhetoric: sexual violence and the criminal courts (David Gurnham) p.117-137

•       Integrating human rights in emerging regulation of Corporate Social Responsibility: the EU case (Karin Buhmann) p.139-179

•       Regulating agriculture in the WTO (Fiona Smith) p.233-247

……

International Environmental Agreements: Politics, Law and Economics, Volume 11, Number 2, May 2011

•       Food security and access and benefit sharing laws relating to genetic resources: promoting synergies in national and international governance (Gurdial Singh Nijar) p.99-116

•       Multicriteria Decision Aid to support Multilateral Environmental Agreements in assessing international forestry projects (Rocío Dánica Cóndor, Antonino Scarelli a….) p.117-137

•       International water negotiations under asymmetry, Lessons from the Rhine chlorides dispute settlement (1931–2004) (Carel Dieperink) p.139-157

•       Transboundary water interaction II: the influence of ‘soft’ power (Mark Zeitoun, Naho Mirumachi and Jeroen Warner) p.159-178

•       Water resources data and information exchange in transboundary water treaties (Andrea K. Gerlak, Jonathan Lautze and Mark Giordano) p.179-199

•       Book Review

•       M. Faure and S. Ying: China and International Environmental Liability: legal remedies for transboundary pollution, Edward Elgar, Cheltenham, UK, 2008, 360 pp (Hardback), ISBN: 978-1-84-720-752-4 (Alexis Hickman) p.201-203

……

Yale Law Journal Online, Volume 120, 2010

  • THE DIRTY CLIMATE DEBATE (Brian H. Potts) p.1
  • OPTING OUT OF THE LAW OF WAR: COMMENTS ON WITHDRAWING FROM INTERNATIONAL CUSTOM (David Luban) p.151
  • WITHDRAWING FROM CUSTOMARY INTERNATIONAL LAW: SOME LESSONS FROM HISTORY (William S. Dodge) p.169

……

Hitotsubashi Journal of Law and Politics, Volume 39, February 2011

  • Has the EU Become Uncontrollably Divergent? : Analysis of EU Governance, from the Treaty of Rome to the Treaty of Lisbon (Inoue, Jun)

……

Journal of International Trade Law & Policy, Volume 10, Number 1, 2011

  • The political economy of state accession to international legal regimes: A re-assessment of the China-World Trade Organization nexus (Miron Mushkat, Roda Mushkat) p.5-28
  • Rules of origin under US trade agreements with Arab countries: Are they helping and hindering free trade? (Bashar H. Malkawi) p.29-48
  • Regional trade agreements and the new theory of trade: Implications for trade policy in Pacific Island countries (Neelesh Gounder, Biman Chand Prasad) p.49-63
  • Determinants of foreign direct investment in India (Monica Singhania, Akshay Gupta) p.64-82
  • WTO remedies and developing countries (J. Pfumorodze) p.83-98

……

Res Publica: a Journal of Moral, Legal and Social Philosophy, Volume 17, Number 2, May 2011

•       Evaluating the Source of the Risks Associated with Natural Events (Colleen Murphy and Paolo Gardoni) p.125-140

•       Multiculturalism and Equal Human Dignity: An Essay on Bhikhu Parekh (Joshua Broady Preiss) p.141-156

•       Equality of Resources and the Problem of Recognition (Rasmus Sommer Hansen) p.157-174

•       Slaves, Prisoners, and Republican Freedom (Fabian Wendt) p.175-192

•       Finding its Way between Realism and Utopia: Global Justice in Theory and Practice, Brock, Gillian. 2009. Global Justice: A Cosmopolitan Account. Oxford: Oxford University Press, 288 pp. Brock, Gillian, and Moellendorf, Darrel (eds.). 2005. Current Debates in Global Justice. Dordrecht: Springer, 305 pp. (Lea Ypi) p.193-202

……

International Journal of Refugee Law, Volume 23, Number 2, July 2011

Articles

•       Return and Reintegration of Human Trafficking Victims from Australia (Andreas Schloenhardt and Mark Loong) p.143-173

•       Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea (Violeta Moreno-Lax) p.174-220

•       Engendering Protection: an Analysis of the 2009 Kampala Convention and its Provisions for Internally Displaced Women (Lauren Groth) p.221-251

•       Problematic Trends in the Analysis of State Protection and Article 1F(a) Exclusion in Canadian Refugee Law (Pia Zambelli) p.252-287

Case Law

•       Case of M.S.S. v. Belgium and Greece European Court of Human Rights p.288-403

•       Secretary of State for the Home Department (Appellant) v. DD (Afghanistan) (Respondent) p.404-424

Book Reviews

•       The United Nations High Commissioner for Refugees (UNHCR): The politics and practice of refugee protection into the twenty-first century (Ulrike Brandl) p.425-427

•       The Limits of Transnational Law: Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union (Ulrike Brandl) p.428-431

•       Refugees, Asylum Seekers and the Rule of Law (Michelle Foster) p.431-434

•       Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights (Mike Sanderson) p.434-440

……

Northwestern Interdisciplinary Law Review, Volume 3, Number 1, Spring 2010

  • Protection of Indigenous Land Rights in Domestic Legal Regimes: The Importance of International Influences (Seth Korman) p.149
  • The United States, The European Union, and China: The Triadic Contest for Africa and Its Implications for International Human Rights and Democracy (Joseph Isanga) p.175
  • The Paris Declaration and The Rule of Law (Andrew Clark) p.225

……

USA WEB ALERT

U.S. Reference Service, Public Affairs Section

U.S. Embassy in Australia

(April 2011)

……

IGENTA International Law Database

3 May 2011

Record 1.

TI: Rethinking Rape Law: International and Comparative Perspectives. Edited by Clare McGlynn and Vanessa Munro (London: Routledge, 2010. 368pp. 27.99 pb)

AU: Duggan, Marian

JN: British Journal of Criminology

PD: 14 2011

VO: 51

NO: 3

PG: 616-619(4)

PB: Oxford University Press

IS: 0007-0955

Record 2.

TI: Legal Remedies for Human Rights Violations in the Armed Conflict in Chechnya: The Approach of the European Court of Human Rights in Context

AU: Koroteev, Kirill

JN: Journal of International Humanitarian Legal Studies

PD: December 2010

VO: 1

NO: 2

PG: 275-303(29)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1878-1373

Record 3.

TI: Human Rights, Positive Obligations, and Armed Conflict: Implementing the Right to Education in Occupied Territories

AU: Horowitz, Jonathan

JN: Journal of International Humanitarian Legal Studies

PD: December 2010

VO: 1

NO: 2

PG: 304-328(25)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1878-1373

Record 4.

TI: The Interplay Between International Humanitarian Law and Refugee Law

AU: Fernandez-Sanchez, Pablo Antonio

JN: Journal of International Humanitarian Legal Studies

PD: December 2010

VO: 1

NO: 2

PG: 329-381(53)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1878-1373

Record 5.

TI: Reclaiming Protection as a Humanitarian Goal: Fodder for the Faint-Hearted Aid-Worker

AU: Mackintosh, Kate

JN: Journal of International Humanitarian Legal Studies

PD: December 2010

VO: 1

NO: 2

PG: 382-396(15)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1878-1373

Record 6.

TI: International Law and the Changing Character of War

AU: Parsons, Rymn J.

JN: Journal of International Humanitarian Legal Studies

PD: December 2010

VO: 1

NO: 2

PG: 405-408(4)

PB: Martinus Nijhoff Publishers, an imprint of Brill

IS: 1878-1373

Record 7.

TI: At King Agramant’s camp: Old debates, new constitutional times

AU: de la Rasilla del Moral, Ignacio

JN: International Journal of Constitutional Law

PD: 2010

VO: 8

NO: 3

PG: 580-610(31)

PB: Oxford University Press

IS: 1474-2640

Record 8.

TI: Situating the debate on global constitutionalism

AU: Schwbel, Christine E. J.

JN: International Journal of Constitutional Law

PD: 2010

VO: 8

NO: 3

PG: 611-635(25)

PB: Oxford University Press

IS: 1474-2640

Record 9.

TI: Globalization and the future of the law of the sovereign state

AU: Ip, Eric C.

JN: International Journal of Constitutional Law

PD: 2010

VO: 8

NO: 3

PG: 636-655(20)

PB: Oxford University Press

IS: 1474-2640

IV. Blogs/reviews/comment (select items)

Robert Chesney, On the Legality of Killing UBL Even If He Was Unarmed (and On the Title 50 Issue), Lawfare (Mary 4, 2011)

John Dehn, Was the C.I.A. Director in Charge of the Bin Laden Operation? Apparently So. Does it Matter?, Opino Juris (May 4, 2011)

Marcos Simons, Chevron Fights Justice in Ecuador on Two Fronts, But Needs to Win Everywhere, EarthRights International (May 4, 2011)

Bea Yates, Displace Indigenous Malaysians Face Uncertain Future, Our World 2.0 (May 4, 2011)

Fiona de Londras, Killing Osama bin Laden; Doing ‘Justice’?, IntLawGrrls (May 4, 2011)

Kenneth Anderson, Der Spiegel and International Law, Volokh Conspiracy (May 4, 2011)

Kevin Jon Heller, Quick Thoughts on UBL’s Killing – and a Response to Lewis, Opinio Juris (May 4, 2011)

Vikas Kumar, Climate Change and the Existential Dilemma to Ocean’s Microstates, East Asia Forum (May 4, 2011)

Dov Jacobs, The Astonishing Defense of B[i]n Laden’s Death by the Security Council, Spreading the Jam (May 4, 2011)

Michael W. Lewis, How Should the OBL Operation be Characterized, Opinio Juris (May 4, 2011)

Robert Chesney, The Legality of the UBL Operation: Responding to Der Spiegel Criticism, Lawfare (May 3, 2011)

JB, Bin Laden’s Greatest Legacy: The Surveillance State, Balkinization (May 3, 2011)

Shana Tabak, False Dichotomies of Transitional Justice, IntLawGrrls (May 3, 2011)

Curtis Bradley, The Death of Bin Laden and the AUMF, Lawfare (May 3, 2011)

Mary Ellen O’Connell, The Death of bin Laden as a Turning Point, Opinio Juris (May 3, 2011)

Chris Borgen, Killing Bin Laden (and Sovereignty?): How Not to Argue Legal Basis for Killing OBL, Opinio Juris (May 3, 2011)

Karima Bennoune, Remembering All al-Qaida’s Victims, guardian.co.uk (3 May 2011)

Melina Padron, Super Injunctions Go Supernova – Human Rights Roundup, UK Human Rights Blog (May 3, 2011)

Thomas Darnstädt, Was Bin Laden’s Killing Legal, Speigel Online (3 May 2011)

David Ingram, What Was the Legal Basis of the Bin Laden Strike, Blog of the Legal Times (May 2, 2011)

John B. Bellinger, III, Bin Laden Killing: The Legal Basis, First Take (Council on Foreign Relations)(May 2, 2011)

Hana Heineken, The Ocean is not a Waste Dump!, CIEL Worldview (May 2, 2011)

Foreign Policy Roundtable, He’s Dead, But How Much Does Osama’s Death Matter, Special Report (Foreign Policy)(May 2, 2011)

Greg McNeal, The Significance of Bin Laden’s Killing, Opinio Juris (May 2, 2011)

Greg McNeal, Guantanamo Interrogations Reportedly Led to Bin Laden, Opinio Juris (May 2, 2011)

Jonathan B. Tucker, Re-envisioning the Chemical Weapons Convention, Bulletin of the Atomic Scientists (2 May 2011)

IISD, African and Asian decision makers to gain expert skills and knowledge on REDD+ planning, IISD (May 2, 2011)

Michael W. Lewis, Impact of OBL’s Demise, Opino Juris (May 2, 2011)

Andrew McGregor, Will al-Qaeda Survive the Loss of Its Leadership?, Global Terrorism Analysis (May 2, 2011)

Daniel Byman, OBL is Dead, Al Qaeda Isn’t, Argument (Foreign Policy)May 2, 2011)

C. Randall Henning, Asian Regional Financial Arrangements and the IMF, East Asia Forum (May 2, 2011)

Daveed Gartenstein-Ross, Don’t Get Cocky, America, Argument (Foreign Policy)(May 2, 2011)

Adam Wagner, Does the Death of Bin Laden Mark the End of the Age of Terrorism?, UK Human Rights Blog (May 2, 2011)

Ilya Somin, The Death of Bin Laden and the Morality of Targeted Killings, Volokh Conspiracy (May 2, 2011)

Marko Milanovic, Was the Killing of Osama Bin Laden Lawful?, EJIL: Talk! (May 2, 2011)

Diane Marie Amann, Bin Laden is Dead, IntLawGrrls (May 2, 2011)

Kenneth Anderson, Osama Bin Laden, Opinio Juris (May 2, 2011)

Peter Drysdale, How to Achieve Global Food Security, East Asia Forum (May 2, 2011)

CIEL, Global Summit on Toxic Chemicals Moves Forward, CIEL Worldview (May 1, 2011)

Hope Lewis, Migrant Rights and Human Rights . . . In the U.S., IntLawGrrls (May 1, 2011)

Jean d’Aspremont & Christiane Ahlborn, The International Law Commission Embarks on the Second Reading of Draft Articles on the Responsibility of International Organizations, EJIL: Talk! (Apr. 30, 2011)

Beatriz Carta Wagman, U.S. Deportations Imperil Haitians, IntLawGrrls (Apr. 30, 2011)

Marie O’Leary, U.N. Security Council Fails to Agree on Syria, International Criminal Law Bureau (30 Apr 2011)

Peter Lindseth, Some Closing Thoughts on Power and Legitimacy [an exchange], Opinio Juris (Apr. 30, 2011).

Kenneth Anderson, Peter Lindseth and the Concept of Legitimacy, Opinio Juris (Apr. 30, 2011)

Thabo Mbeki, What the World Got Wrong in Côte D’Ivoire, Foreign Policy (April 29, 2011)

Marlene Moses, Nauru Confronts Developed World Over Climate Change, Our World 2.0 (Apr. 29, 2011)

Hague Justice Portal, Cambodia Seeks Clarification of 1962 ICJ Judgment, Hague Justice Portal (29 Apr 2011)(also Jurist Paper Chase Newsburst)

Jagdish Bagwadi, The Doha Round’s Premature Obituary, East Asia Forum (Apr. 29, 2011)

Naomi Chan, Intimate Violence in the Post-Conflict Context: New Data IntLawGrrls (Apr. 29, 2011)

Jeffrey Goldberg, Against Drone Strikes in Libya, The Atlantic (Apr. 28, 2011)

Dan Farber, Human Rights and Climate Change, Legal Planet (Apr. 28, 2011)

Beth Van Schaack, On the Enemy Combatant Front . . ., IntLawGrrls (Apr. 28, 2011)

Ike Teuling, Marine Radiation Monitoring Blocked by Japanese Government, Making Waves (Greenpeace)(Apr. 28, 2011)

Marcos Simons, Congo massacre case against Anvil Mining may proceed, says Canadian court, EarthRights (Apr. 28, 2011)

Cliffor Polycarp, Climate Finance from Cancun to Durban: Informal Meeting of Climate Finance Negotiators, World Resources Institute (Apr. 27, 2011)

Robert Chesney, The Prisoner’s Dilemma, Argument (Foreign Policy)(Apr. 25, 2011)

Thad W. Allen, Richard L. Armitage and John J. Hamre, Odd Man Out at Sea, New York Times (Apr. 24, 2011)

Dustin A. Lewis, ICJ Judgment in Georgia v. Russian Federation (Preliminary Objections), Harvard Program on Humanitarian Policy and Conflict Research (Apr. 1, 2011)

Mark Lagon, Promoting Democracy: The Whys and Hows for the United States and the International Community, Council on Foreign Relations Expert Brief (Feb 2011)

V. Gray Literature/Newsletters (select items)

Permanent Mission of Australia to the United Nations and the Pew Environment Group, Keeping the Green Economy Blue (Apr 29, 2011)

UNEP, The Marrakech Process Progress Report: Paving the Way for Sustainable Consumption and Production, UNEP (2011)

Carnegie Council, Earth Day 2011: Resources from the Carnegie Council (Apr. 22, 2011)

FAO, Global Governance for Food Security: Are the Current Arrangements Fit For the Job, Discussion No. 68 (20 Apr – 16 May 2011)

International Centre for Trade and Sustainable Development, Bridges Trade BioRes, Vol. 11, No. 7 (18 Apr 2011)

Irina Bokova, Global Governance for the 21st Century: A UNESCO Perspective (11 Apr 2011)

UNCLOS, Meeting of State Parties, Annual report of the International Tribunal for the Law of the Sea for 2010, U.N. Doc. SPLOS/222 (4 Apr 2011)

UNEP-GEF International Waters Project, International Waters: Review of Legal and Institutional Frameworks (5 April 2011)

UN-REDD Programme, Newsletter, Issue #17 (Mar/Apr 2011)

Nkechinyere Vanessa Attah, Environmental Sustainability and Sustainable Growth: A Global Outlook (June 1, 2010)

Fiona Flintan and Shibru Tedla, Natural Resource Management: The Impact of Gender and Social Issues, Organisation for Social Science Research in Eastern and Southern Africa

(OSSREA) and International Development Research Centre (IDRC) (Revised ed, 2010)

VI. Podcasts/Videos

Secretary’s Remarks: Remarks on the Killing of Usama bin Ladin (Mon, 02 May 2011)

United Nations Framework Convention on Climate Change, Joint Implementation Audio Files, UNFCCC Secretariat (28 Apr 2011)

Harvard Program on Humanitarian Policy and Conflict and Research, Post-event Summary Live Web Seminar on The International Response to the Crisis in Libya (Apr. 5, 2011)

VII. Documents/Negotiations/Practice

The White House, Office of the Press Secretary, Press Briefing by Senior Administration Officials on the Killing of Osama bin Laden (May 2, 2011)(also Foreign Policy)

The White House, Office of the Press Secretary, Remarks by the President Obama on [Death of] Osama Bin Laden (May 2, 2011)(also CNN)

Human Rights Council, United States of America: Revised draft resolution,  S-16/… The human rights situation in the Syrian Arab Republic in the context of recent events, U.N. Doc. A/HRC/S-16/L.1/Rev.1 (29 Apr 2011)

Historic Archives, Introductory note to General Assembly resolution 3201 (S-VI) of 1 May 1974 (Declaration on the Establishment of a New International Economic Order) (by Ahmed Mahiou) now available in English, UN Audio Visual Library of International Law (29 Apr 2011)

Library of Congress, European Union: Trafficking in Human Beings and Protection of Victims, Global Legal Monitor (Apr. 28, 2011)

American Society of International Law, Int’l Law in Brief, ASIL (Apr. 27, 2011)

IISD Reporting Services, Fifth Conference of the Parties (COP5) to the Stockholm Convention on Persistent Organic Pollutants (POPs) (25-29 Apr 2011)

Hilary Rodham Clinton, Situation on Thailand-Cambodia Border, Press Statement (Apr. 25, 2011)

Economic Commission for Europe, Meeting of the Parties to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, Finalization of the second Assessment of transboundary rivers, lakes and groundwaters in the United Nations Economic Commission for Europe region, Major findings of the assessment for Eastern and Northern Europe, Note by the secretariat, U.N. Doc. ECE/MP.WAT/WG.1/2011/6−ECE/MP.WAT/WG.2/2011/6 (21 Apr 2011)

IISD Reporting Services, Nineteenth Meeting of the of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Plants Committee (PC) (18-21 Apr 2011)

Multilateral Fund for the Implementation of the Montreal Protocol, Funding to phase-out HCFCs in 39 countries to safeguard the ozone layer and mitigate climate change (15 Apr 2011)

UN Human Rights Council, Situation of human rights in Côte d’Ivoire, resolution adopted by the Human Rights Council, 13 April 2011, A/HRC/RES/16/25 [accessed 29 April 2011]

General Assembly, Argentina: draft resolution, New Partnership for Africa’s Development: progress in

implementation and international support, U.N. Doc. A/65/L.69 (6 Apr 2011)

United Nations, Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka (31 Mar 2011)

Fourth United Nations Conference on the Least Developed Countries, 9-13 May 2011, Istanbul, Turkey, Information for participants, Note by the Secretariat, U.N. Doc. A/CONF.219/INF/1 (28 Mar 2011)

General Assembly, Oceans and the law of the sea, Report of the Secretary-General, U.N. Doc. A/66/70 (22 Mar 2011)

Economic and Social Commission for Asia and the Pacific, Subprogramme overview: Issues and challenges related to inclusive and sustainable economic and social development in Asia and the Pacific, Note by the secretariat, U.N. Doc. E/ESCAP/67/2 (14 Mar 2011)

Annual Report of the Inter-American Commission on Human Rights 2010, OEA/Ser.L/V/II.

Doc. 5, rev. 1 (7 March 2011)

VIII. Press Releases (select items)

International Criminal Court, The Office of the Prosecutor will request an arrest warrant against three individuals in the first Libya case. Judges will decide, Press Release (4 May 2011)

UNEP, Pesticide placed on UN list of hazardous chemicals to be eliminated, Press Release (3 May 2011)

Foreign and Commonwealth Office, Libyan Ambassador to UK Expelled, FCO (1 May 2011)

Inter-American Commission on Human Rights, IACHR Expresses Deep Concern Over New Revelations about Guantanamo, Press Release No 37/11 (29 Apr 2011)

IX. Media (select sources/select items)

UN rapporteur Scheinin: Killing bin Laden was legal, Helsingin Sanomat (4 May 2011)

Mike Allen, Getting Osama Bin Laden: How The Mission Went Down, POLITICO (May 2, 2011)

Peter Baker, Helene Cooper and Mark Mazzetti, Bin Laden is Dead, Obama Says, New York Times (May 1, 2011)(also WORLD, The Boston Globe, The L.A. Times, The Guardian, The (London) Times, Der Spiegel, The Jerusalem Post, Al Jazeera, Arab News (of Saudi Arabia))

UN News Centre, UN Human Rights Council calls for investigation into alleged abuses in Syria, UN News Service (29 Apr 2011)

RNW, Bangladesh Tribunal: Is Name-Calling Contempt of Court, Radio Netherlands Worldwide (29 Apr 2011)

UPI, Report: Children Not Protected At The Border, UPI.com (Apr. 29, 2011)

Ben Blanchard, China Pushes Back After U.S. Criticism On Rights, Reuters (Apr. 29, 2011)

Associated Press, Western Powers at UN to Rally Opposition to Syrian Violence, Order Probe of Alleged Abuses, WORLD (April 29, 2011)

CNN Wire Staff, Thai Military: Deadly Fighting Resumes at Thai-Cambodia Border, CNN (Apr. 29, 2011)

UPI, HRW Laughs at Immunity Deal in Yemen, UPI.com (Apr. 29, 2011)

Reuters, Libya Angers Tunisia As War Briefly Crosses Border, AlertNet (28 Apr 2011)(also NYTimes, AlertNet)

Laurie Goering, World Not Prepared for Climate Conflicts – Security Experts AlertNet (28 Apr 2011)

UN News Service, UN Panel Pays Out $880 Millions in Reparations for Iraq’s Invasion of Kuwait, UN News Centre (28 Apr 2011)

Neil MacFarquhar, Push in U.N. for Criticism of Syria is Rejected, New York Times (Apr. 27, 2011)(also Radio Free Europe)

RNW, Ivory Coast: Truth or Justice, Radio Netherlands Worldwide (27 Apr 2011)

Liz Sly, Global Condemnation, but No Action, Against Bloody Syria Crackdown, WORLD (Apr. 27, 2011)

Dugald McConnell, Iran Official: New Computer Worm Found, CNN (Apr. 27, 2011)

Edmund Kagire, American Lawyer Banned from ICTR, allAfrica.com (27 Apr 2011)

Reuters, Thai-Cambodia Fighting Flares Again as Talks Collapse, AlertNet (27 Apr 2011)

Lin Noueihed, Deadlock in Libya Exposes International Rifts, Reuters (Apr. 27, 2011)

Marlene Moses, Nauru Will Use UN Spotlight to Confront Developed World Over Climate Change, guardian.co.uk (26 Apr 2011)

Joe Stumpe, Kansas Trial Will Recall Genocide in Rwanda, New York Times (Apr. 26, 2011)

Scott Shane, Detainees’ Lawyers Can’t Click on Leaked Documents, New York Times (Apr. 26, 2011)

Neil MacFarquhar, Syria Tries to Defend its Record to the United Nations, New York Times (Apr. 26, 2011)

Borzou Daragahi, Syria in Chaos Sends Shivers Through the Region, L.A. Times (Apr. 26, 2011)

Associated Press, UN Must Probe Syria’s Deadly Crackdown, Human Rights Watch Says, Haaretz.com (24 Apr 2011)

Duncan Clark, Carbon Cuts by Developed Countries Cancelled Out by Imported Goods, guardian.co.uk (25 Apr 2011)

BBC, UN’s Ban Ki-moon calls for Thailand-Cambodia ceasefire, BBC News Asia-Pacific (24 Apr 2011)

Lisa Friedman, U.S. Negotiator Warns that a Kyoto Fight Could Derail Climate Talks, New York Times (April 22, 2011)

IRIN, Asia: Mekong River Wins a Temporary Reprieve, IRIN (20 Apr 2011)

Associated Press, Urgent UN Rights Meeting on Mideast Unrest Planned, Google (Apr. 20, 2011)


* Prepared by Donald K. Anton, The Australian National University College of Law, with the assistance of ANU College of Law students: Caitlin Powell & Kate Robinson.  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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