Anton’s Weekly Digest of International Law, Vol. 2, No. 19 (19 May 2011)

Anton’s Weekly Digest of
International Law

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

Vol. 2, No. 19
(19 May 2011)

A PDF VERSION OF THIS ISSUE OF THE DIGEST IS HERE

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 sometimes significantly edited for brevity)

A. New and Recent Research

Law of Evidence at the International Criminal Court: Blending Accusatorial and Inquisitorial Models

Michele Caianiello 

University of Bologna – Department of Juridical Sciences
North Carolina Journal of International Law & Commercial Regulation, Vol. 36, p. 287, Winter 2011

[posted May 17, 2011]

The purpose of this article is to examine some features of the International Criminal Court (hereinafter “ICC”) procedural system, in particular the law of evidence, making use of theoretical models. The article first deals with the disclosure phase. Second, it focuses on the admission of evidence. To conduct the analysis, two widely known theoretical models, are employed: the accusatorial versus the inquisitorial model, and the Damaska partition between the reactive and proactive State. Despite its accusatorial structure, ICC provisions provide many important exceptions to the typical features of the accusatorial theoretical model. In particular, to uphold the values inherent in the international criminal justice system, the ICC Statute and Rules provide various exceptions to the prohibition against admitting unchallenged testimonial statements at trial. Additionally, in the disclosure phase, notwithstanding a parties-led general structure, procedural sanctions seem oriented towards leading the trial to a (possibly correct) conclusion on the merits, rather than merely punishing the misconduct of a culpable party. The above exceptions make the system, considered as a whole, partially ineffective. The emerging picture is that the accusatorial structure of the processes in international criminal procedures was adopted by the drafters without effectively implementing all its specific technical consequences. The frequent exceptions to the technical solutions implied by this theoretical model put the fairness of the system in constant tension. This tension is reminiscent of two historical precedents: the 1808 Napoleon counter-reform and the Italian struggle for an accusatorial system. The price of the inconsistencies in the accusatorial structure, in most cases, seems to be paid by the defense, which is systematically disadvantaged. Some changes in the interpretation and application of the ICC sources concerning the law of evidence would be advisable in order to rectify certain inconsistencies. Among them is a proposal for greater observation of the orality principle. To make this sustainable, it would be advisable to develop and improve the hermeneutic solution (originally conceived by the Ad Hoc Tribunals’ jurisprudence), which is based on the partition between acts and conduct of the defendant, and other contextual aspects of the indictment.

……

The ICSID Effect? Considering Potential Variations in Arbitration Awards

Susan D. Franck 

Washington and Lee University – School of Law
Virginia Journal of International Law, Vol. 51, No. 4, 2011

[posted May 16, 2011]

The legitimacy of the World Bank’s dispute resolution body – The International Centre for the Settlement of Investment Disputes (ICSID) – is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable statistical relationship between ICSID arbitrations and either amounts claimed or ultimate outcomes. The results generally did not show a statistical difference when controlling for (1) the presence of an Energy dispute, (2) the presence of a Latin American respondent, or (3) the respondent’s Development Status. Nevertheless, although outcomes were not statistically different for Latin American and non-Latin American respondents, amounts claimed against Latin American states were higher – but only for non-ICSID arbitration. While the arguably higher initial arbitration risk may contribute to concerns related to perception of bias, the results provide initial evidence that those criticisms may have been misattributed to ICSID. Results suggested, on the whole, that ICSID arbitration awards were not statistically different from other arbitral processes, which is preliminary evidence that ICSID arbitration was not necessarily biased or that investment arbitration operated in reasonably equivalent ways across forums. Caution about this finding is appropriate given the size of the pre-2007 population and as one analysis suggested that for the subset comprised only of ICSID Convention awards as compared to all other awards (including ICSID Additional Facility awards), awards against Low Income respondents were statistically higher than awards against High Income respondents. Qualitative commonalities in that small subset of awards revealed the presence of certain types of law firms (or the lack thereof) or recent civil war in African states. In light of the initial quantitative findings for a pre-2007 population of arbitration awards, but recognizing the need for replication and methods to facilitate qualitative and normative assessments of ICSID, this Article concludes by suggesting that there may be value in implementing tailored reforms and structural safeguards to address arguable concerns of bias, improve the management of international economic conflict, and minimize a potential backlash to the international investment system.

……

Preliminary References – Analyzing the Determinants that Made the ECJ the Powerful Court it Is

Lars Hornuf 

University of Munich

Stefan Voigt 

Institute of Law & Economics; CESifo (Center for Economic Studies and Ifo Institute for Economic Research)
May 16, 2011

[posted May 16, 2011]

The European Court of Justice (ECJ) is a very powerful court compared to other international courts and even national courts of last resort. Observers almost unanimously agree that it is the preliminary references procedure that made the ECJ the powerful court it is today. In this paper, we analyze the determinants that lead national courts to use the procedure. We add to previous studies by constructing a comprehensive panel dataset (1982–2008), including more potentially relevant explanatory variables and by testing for the robustness of previous results. In addition to confirming the relevance of variables previously found significant, we identify a number of other determinants, including the relevance of agriculture to a country, length of EU membership, corporate tax rate, familiarity with EU law, and tenure of democracy.

……

Privileging Asymmetric Warfare (Part ll)?: The ‘Proportionality’ Principle Under International Humanitarian Law

Samuel Estreicher

New York University Law School
Chicago Journal of International Law, Forthcoming
NYU School of Law, Public Law Research Paper No. 11-32

[posted May 16, 2011]

. . . The focus of this article is on the so-called principle of “proportionality,” which regulates the conduct of warfare in an effort to limit harm to civilians during otherwise legitimate armed conflict. I use the qualifying adjective “so-called” because “proportionality” in this context is a misnomer. The actual obligation, as set forth in Articles 51(5)(b) and 57(2)(b) of AP I, speaks in terms of prohibiting (and deferring) attacks expected to cause incidental civilian losses “which would be excessive in relation to the concrete and direct military advantage anticipated.” Neither the text nor the policy of IHL requires some form of “balancing” or use of a “sliding scale” to ensure that the military objective is “proportionate,” in the sense of being commensurate with the extent of civilian losses? What is required is that the military use no more force than necessary to accomplish concrete, direct military objectives. The proposed “excessive loss” formulation is not only truer to the text of AP I but provides a sounder, more principled basis for judging violations, for insisting on military commander compliance – than the more elastic, manipulable “proportionality” formulation, which invites commentators and tribunals to second-guess military objectives and compare and weigh essentially non-comparable factors.

……

The Impact of Human Rights Law on Contract Law in Europe

Hugh Collins

London School of Economics – Law Department
European Business Law Review, Forthcoming
University of Cambridge Faculty of Law Research Paper No. 13/2011

[posted May 16, 2011]

This article examines the impact of human rights law on the implementation of contract law. While human rights law has focused on the relationship between citizen and state, the private law of contract has been viewed as governing the economic relations among citizens and business entities. The article examines the thesis that in Europe, this division is being broken down, as a result of two intellectual movements within legal thought.

……

The Regulatory Turn in International Law

Jacob Katz Cogan

University of Cincinnati – College of Law
Harvard International Law Journal, Vol. 52, 2011
University of Cincinnati Public Law Research Paper No. 11-06

[posted May 15, 2011]

. . . This Article argues that there has been an unnoticed contemporary countertrend – the “regulatory turn in international law.” . . . The regulatory turn represents a fundamental challenge to the assumptions and dynamics of traditional international law. While once the international system shied away from acting directly on individuals, it now asserts such authority with regularity through the articulation of rules and the adoption of decisions. And while once international law deferred to states in the implementation of common rules pertaining to individual duties and their enforcement, it now often eschews state discretion and instead dictates with increasing specificity the provisions to be adopted at the national and sub-national levels. This constitutive realignment in the international system’s position vis-à-vis the individual complicates our inherited vision of international law and the expectations that flow therefrom. The system effects include the restructuring of the distributions of power to and among states and international institutions; the reframing of the ways in which international problems and solutions are imagined; the reallocation of resources to support law enforcement organizations and programs; the recalibration of the substantive and procedural demands made upon international decision-making processes; and even the reconfiguring of the ways in which we, as individuals, imagine each other. This Article draws connections between diverse subject matters and practices, past and present, so that we can better discern the otherwise hidden trend that is the regulatory turn, situate it within the emerging system of international governance, and appraise its effects.

……


Executive Authority, Adaptive Treaty Interpretation, and the International Boundary and Water Commission, U.S.-Mexico

Robert John McCarthy

affiliation not provided to SSRN
Water Law Review, Spring 2011

[posted May 15, 2011]

Conceived as a nineteenth century outpost of Manifest Destiny to demarcate and guard expanded U.S. borders against erosion by meandering rivers; re-engineered in the mid-twentieth century in order to impound and develop the boundary waters; its friends and critics alike say the International Boundary and Water Commission, U.S.-Mexico (IBWC) has become an anachronism, left behind by twenty-first century social, environmental and political issues that it is unwilling or unable to address. Four decades of scholarly criticism consistently portray the U.S. Section of the IBWC as secretive, beholden to regional agricultural interests, indifferent to disappearing water sources, apathetic about associated ecological crises, abusive to its employees, lacking essential diplomatic and professional skills, unresponsive to the needs of a growing border population, and hamstrung by a too-timid reading of treaty language. This article offers alarming new evidence concerning these and even more troubling allegations of gross mismanagement and impending ecological disaster. Yet rather than embrace a crescendo of calls for abolition of the US-IBWC, the author argues that long-neglected constitutional, statutory and treaty authorities provide the key to its salvation. Castigating the U.S. State Department for its pusillanimous refusal to live up to its statutory responsibility for oversight of the U.S. Section, the author urges exercise of dormant Presidential powers to strip the agency of all but diplomatic duties and to assign responsibility for border river management to more competent agencies. Simultaneously, the author delineates treaty, statutory and constitutional authority for adaptive treaty interpretation, to enable the IBWC to address issues such as transboundary aquifer management and cataclysmic climate change.

……

Harmony and Dissonance in Extraterritorial Regulation

Hannah L. Buxbaum 
Indiana University School of Law-Bloomington

George T. Conway III

affiliation not provided to SSRN

William S. Dodge 
University of California – Hastings College of the Law

Austen Parrish

Southwestern Law School
American Society of International Law 105th Annual Meeting Proceedings, 2011

[posted May 14, 2011]

This paper contains four comments that were delivered by a panel on extraterritorial regulation at the 2011 Annual Meeting of the American Society of International Law. The panelists took as their jumping-off point the 2010 decision in Morrison v. National Australia Bank, in which the Supreme Court addressed for the first time the extraterritorial application of the Securities Exchange Act’s anti-fraud provision. Discarding forty years’ worth of precedent developed in the lower courts, the Court held that Section 10(b) applied only to transactions taking place within the United States. The panelists discuss the case and its implications for cross-border securities litigation; the Court’s interpretation of the presumption against extraterritoriality and its consequences for effects-based regulation; and the role of international comity in global economic regulation.

……

Receding maritime zones,

uninhabitable states and climate exiles: How international law must adapt to climate change

David Wei with Ruth Dawes and Iain Maxwell

FIELD

[received by email, May 14, 2011]

International law is flexible and dynamic. It continuously adapts to unforeseen circumstances and new political demands, and it will have to adapt to climate change. Climate change challenges us to reconsider many areas of international law, from the management of transboundary natural resources to state liability for environmental damage.  This paper looks at three consequences of climate change: receding maritime zones, uninhabitable states, and “climate exiles”. Many states will be affected be these consequences, including small island developing states (SIDS) and low-lying coastal states.

……

The D.C. Circuit After Boumediene

Stephen I. Vladeck

American University – Washington College of Law
Seton Hall Law Review, Vol. 42, 2011
American University, WCL Research Paper No. 2011-12

[posted May 13, 2011]

 

. . . Th[is] essay contrasts the analysis and holdings of the court of appeals in some of its key decisions with the Supreme Court’s instructions – such as they were – in BoumedieneHamdi, and, to a lesser degree, Hamdan. As I hope to show (and as may well not seem surprising), the answer to this charge lies somewhere in the middle. Although there are no holdings to which one can point as “proof” that the D.C. Circuit has refused to take the Supreme Court seriously, the court’s analysis as to evidentiary issues and the burden of proof, in particular, reveals some judges who read the Supreme Court’s work in this field for as little as it’s worth – if not less. . . . Ultimately, my thesis is that while it smacks of hyperbole to refer to the D.C. Circuit as being engaged in a collective effort to subvert Boumediene, it is equally unconvincing to assert that the entire court of appeals has faithfully administered the Supreme Court’s commands in these cases. Instead, the most troubling aspects of the D.C. Circuit’s post-Boumediene jurisprudence can all be traced to some combination of four jurists. Whether the rest of the D.C. Circuit is reaching the correct results in other cases is beyond the ambit of this essay; for present purposes, this essay’s central conclusion is that, in their opinions and their rhetoric, these four judges are effectively fighting a rear-guard action while their colleagues coalesce around substantive and procedural rules that are materially consistent with what little guidance the Supreme Court has provided in these cases – and, as importantly, that have the general endorsement of virtually all of the district judges and the executive branch.

……

Three Concepts of Dignity in Constitutional Law

Neomi Rao

George Mason University School of Law
Notre Dame Law Review, Vol. 86, No. 1, pp. 183-271, 2011
George Mason Law & Economics Research Paper No. 11-20

[posted May 13, 2011]

The U.S. Supreme Court and constitutional courts around the world regularly use the term human dignity when deciding cases about freedom of speech, reproductive rights, racial equality, gay marriage, and bioethics. Judges and scholars treat dignity as an important legal value, but they usually do not explain what it means and often imply that it has one obvious core meaning. A close review of constitutional decisions, however, demonstrates that courts do not have a singular conception of dignity, but rather different conceptions based on how they balance individual rights with the demands of social policy and community values. Using the insights of political theory and philosophy, this Article identifies three concepts of dignity used by constitutional courts and demonstrates how these concepts are fundamentally different in ways that matter for constitutional law. In contentious cases, the concepts of dignity will often conflict. If constitutional courts continue to rely on human dignity, judges must choose between different understandings of dignity. This Article provides the groundwork for making these choices and defending a concept of dignity consistent with American constitutional traditions.

……

Chinese Practice in Public International Law: 2010

ZHU Lijiang

Chinese Journal of International Law, Advance Access

[posted via RSS feed, May 13, 2011]

Note by the Editors: This survey is provided only for information. Readers are advised to consult the official documents themselves in their research. In international dealings, the Chinese government normally uses Chinese. The English quotations in this survey are therefore normally translations, but they are taken from official websites or another official source, unless otherwise noted. The abbreviations used in the quotations are from those official websites. Throughout this survey, “FM” stands for “Foreign Ministry”; “UN”, “United Nations”; “UNGA”, “United Nations General Assembly”; and “UNSC”, “United Nations Security Council”

……

Transnational Constitutionalism and Unconstitutional Constitutional Amendments

Rosalind Dixon 

University of Chicago – Law School
May 13, 2011
U of Chicago, Public Law Working Paper No. 349

[posted May 13, 2011]

Many courts, and constitutions, worldwide recognize the concept of an “unconstitutional constitutional amendment”, yet such a concept clearly raises troubling issues from the perspective of the rule of law, or concerns about judicial discretion. This essay addresses this issue – of discretion in the context of a doctrine of substantively unconstitutional constitutional amendments – by considering the possibility of courts limiting the scope of their discretion by linking notions of what is “fundamental” in a domestic constitutional system to common or generic transnational legal practices. This idea of transnational anchoring builds on previous work by scholars in the field, such as Vicki Jackson, but also implicitly advances a new understanding of what it means to engage with transnational legal sources based on the idea of posture of presumptive non-divergence from the transnational.

……

The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking

Benjamin Wittes

Brookings Institution

Robert Chesney

University of Texas School of Law

Larkin Reynolds

Brookings Institution
May 12, 2011

[posted May 13, 2011]

In January 2010, the Governance Studies department at Brookings released a paper entitled “The Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking.” . . . The original paper is, in many respects, thus an out-of-date account of this draft – no longer an accurate guide to what is contested and what is at least tentatively resolved. Rather than simply produce a new edition of the paper, one that would just as quickly become obsolete, we decided to adapt it into a more dynamic document – one that we can update in real time as the law of detention emerges further and to which we can add additional sections covering issues we ignored the first time around. . . . This report proceeds in several parts. In the first section, we briefly describe the legal background that gave rise to these habeas corpus cases: the Supreme Court’s decisions recognizing federal-court jurisdiction over Guantánamo and addressing to a limited extent the contours of a legal process for detainees adequate to satisfy constitutional concerns. We highlight in particular the extent to which the court left the key questions open, a move that in the absence of further congressional action effectively delegated the writing of the rules to the judiciary. In the sections that follow, we examine the law as it is developing with respect to several of the most important questions concerning the governance of non-criminal, law-of-war-based detentions.

……

Climate Justice: Making Sand Castles as the Tide Comes In

Elizabeth Burleson

Florida State University College of Law; London School of Economics
Journal of Energy and Environmental Law, 2011

[posted May 12, 2011]

Achieving climate justice and the Millennium Development Goals (MDGs) are mutually- reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.

……

Catastrophic Oil Spills and the Problem of Insurance

Kenneth S. Abraham

University of Virginia School of Law
Vanderbilt Law Review, Forthcoming

[posted May 12, 2011]

. . . This Article identifies the matches, and mismatches, between the losses resulting from oil spills, the insurance available to the victims of spills, the liability of the parties responsible for losses caused by spills, and the insurance available to the parties who face such liability. The Article then attempts to make sense of the situation it has identified, considering three explanations for the mismatches: difficulties associated with proving the cause of pure economic loss, traditional challenges to the insurance of pollution loss and liability, and pre-existing portfolio diversification by potential spill defendants that discourages the purchase of large amounts of insurance. Finally, the Article critically analyzes two proposals that have been made for remedying the insurance mismatches in this field: the imposition of an ex ante drillers’ tax on the amount of their potential liability in excess of their combined assets and liability insurance, and the imposition of mandatory liability insurance requirements far in excess of the amounts of insurance that are currently available or purchased.

……

State Standing in Climate Change Lawsuits

Kirsten H. Engel

University of Arizona – James E. Rogers College of Law
Journal of Land Use & Environmental Law, Vol. 28, p. 217, 2011
Arizona Legal Studies Discussion Paper No. 11-19

[posted May 12, 2011]

This Article reviews the status of state standing in climate change litigation with specific attention to the confusion over the source of state standing and the test that applies. The article concludes that standing based upon parens patriae, or the status of a state as a sovereign, may appear attractive to the courts concerned about opening the courthouse door to climate litigation by private individuals. The article suggests a rationale for parens patriae standing based upon the importance of the existence of a federal court forum to address states’ efforts to regulate greenhouse gas emissions from out of-state sources. Finally, the article discusses the advantages and disadvantages of relying upon states to vindicate, in federal court, the interests of their citizenry in redressing harms attributable to climate change.

……

Deliver Us from Evil? – The Single Convention on Narcotic Drugs, 50 Years On

Rick Lines

International Centre on Human Rights and Drug Policy
International Journal on Human Rights and Drug Policy, Vol. 1, pp. 3-13, April 2011

[posted May 12, 2011]

The year 2011 marks the 50th anniversary of the ratification of the Single Convention on Narcotic Drugs (1961). Although the preamble of the Single Convention states that the treaty is intended to promote ‘the health and welfare of mankind,’ it goes on to rganization ‘drug addiction’ as ‘a serious evil.’ This paper explores the tensions between human rights and drug control embodied within the preamble of the Convention, including aspects of the drafting history, and offers comment on the negative human rights consequences of defining drugs as ‘evil’.

……

Reviewing Cross-Border Mergers and Acquisitions for Competition and National Security: A Comparative Look at How the United States, Europe, and China Separate Security Concerns from Competition Concerns in Reviewing Acquisitions by Foreign Entities

Kevin B. Goldstein 
affiliation not provided to SSRN
Tsinghua China Law Review, Vol. 3, 2011

[posted May 12, 2011]

This Article takes a comparative look at how governments review cross-border mergers for both competition and national security concerns. In particular, key factors are the institutional mechanisms through which these two reviews are separated or combined and how “national security” is defined in the context of economic activity. The focus is on the three major economic markets: the U.S., the EU (using the example of the UK as a member state), and China, with particular emphasis on China’s rapidly developing system. . . . This Article examines the existent U.S. and EU systems alongside the emerging Chinese system of national security review. Examples demonstrate that national security review in the U.S. has often become politicized, though primarily by the U.S. Congress and not by CFIUS. Politicized mergers result in uncertainty for businesses and can harm diplomatic relations with key trading partners. The UK has had success avoiding the pitfalls of politicized reviews, however the European system could not be successfully replicated by the U.S. or China due to their more centralized political systems. . . . This Article concludes that the CFIUS model, taking account of the great increase in authority since 2007, is a good fit for China’s political climate. If properly implemented, creation of a national security review system will provide substantial, though limited, benefits to China.

……

War Crimes and Misdemeanors: Understanding ‘Zero-Tolerance’ Policing as a Form of Collective Punishment and Human Rights Violation

M. Chris Fabricant

Pace University – School of Law
Drexel Law Review, Vol. 3, p. 373, 2011
Drexel University Earle Mack School of Law Research Paper, Forthcoming

[posted May 12, 2011]

A fundamental principle of criminal law is that individuals may only be punished for offenses which they have personally committed; any punishment must be personal and individual. To that end, international law proscribes as collective punishment any sanction imposed on a population without regard to individual culpability for the offense that provokes the penalty. Compstat-based zero-tolerance or order-maintenance policing, the prevailing thesis in contemporary law enforcement, punishes entire communities for the crimes of a few. . . . As a form of collective punishment, such policing is contrary to international human rights law. . . . [I]ndiscriminate policing . . . closely resembles a counterinsurgency strategy known as cordon and search, in which troops seal off geographic areas and subject entire communities to violent search-and-seizure operations to suppress terrorist activity and seize weapons. Scholars and human rights activists have condemned the indiscriminate use of this tactic against civilian populations in Afghanistan, Uganda, and Sri Lanka as contrary to the Geneva Conventions and as collective punishment, since it penalizes entire communities for the crimes of a few of its members. Drawing on some of the language and principles of international humanitarian and human rights law, this Article offers a new theoretical framework to address the harm caused by zero-tolerance policing on targeted communities. It highlights the collective nature of the sanctions imposed by the strategy and the resulting erosion of the core due process norm of individual culpability. The policing strategy at issue is not characterized by the sensational atrocities typically associated with collective punishment regimes but by a mass of seemingly small harms that have, over time, perpetuated racial and socioeconomic segregation of inner-city communities and deepened resentment towards law enforcement among significant numbers of law-abiding citizens.

……

At the Origins of Crimes Against Humanity – Clues to a Proper Understanding of the Nullum Crimen Principle in the Nuremberg Judgment

Guido Acquaviva

affiliation not provided to SSRN
Journal of International Criminal Justice, April 2011

[posted May 12, 2011]

Over the past decades, scholars have noticed a few significant discrepancies between the English and the French versions of the Nuremberg Judgment, in particular with regard to the notion of crimes against humanity and its concrete application. By comparing these two versions with the Russian one, this article attempts to provide additional insights into the significance attached to the principle of legality by the various participants in the Nuremberg trial. The conclusion is that, while the different versions of the Nuremberg Judgment are hardly reconcilable through the usual methods of interpretation, an analysis of the cultural and legal background of the judges assists in effectively explaining the discrepancies. Such an analysis also suggests further original avenues of enquiry into international criminal judgments in general.

……

Traditional Institutions and Governance in Modern African Democracies

Paolo Galizzi

Fordham University – School of Law

Ernest K. Abotsi

affiliation not provided to SSRN
THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011

[posted May 12, 2011]

. . . The relationship between traditional leadership and inherited western-style governance institutions often generates tensions. In Ghana, for example, local governance is an area where traditional leadership and the constitutional government sometimes “lock horns.” Traditional leaders often feel left out when the government takes decisions affecting their people and land without their consent or involvement. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict.. . . This chapter examines traditional leadership within the context of the emerging constitutional democracy in Ghana. After examining the history, challenges, and opportunities for the “institution” of traditional leadership within a modern democracy, the chapter considers the effect of the current constitutional guarantee for chieftaincy and evaluates its practical workability and structural efficiency under the current governance system. The chapter further examines the dabbling of traditional leaders in the political process in spite of the proscription of the institution from mainstream politics and, in this context, analyzes the policy rationale for attempting to detach chieftaincy from partisan politics. It then analyzes the implications of the dual allegiance of the citizenry to chiefs and the government. In this context the chapter further touches on the compatibility of the institution of chieftaincy with constitutional principles such as equality, accountability, natural justice, good governance, and respect for fundamental human rights. Finally, the chapter considers the future of the institution against the background of the many issues and challenges considered.

……

Surveying History at the International Criminal Tribunal for the Former Yugoslavia

Richard Ashby Wilson

University of Connecticut School of Law

Ahmad Wais Wardak

affiliation not provided to SSRN; affiliation not provided to SSRN

Andrew Corin

affiliation not provided to SSRN
May 10, 2011

[posted May 13, 2011]

In the law and society literature, it is widely accepted that national criminal trials often fail to produce an adequate account of the historical context in which mass crimes occur. This article evaluates whether this view is applicable to trials at the International Criminal Tribunal for the former Yugoslavia. Drawing on the responses provided by a survey of former prosecutor and defense team members and expert witnesses, empirical evidence is presented with respect to the motivations for including historical evidence in cases and an overall assessment of the historical discussions at the ICTY. Survey results demonstrate agreement among respondents that international criminal trials tend to include more historical evidence than domestic trials, on the grounds that the crimes are more widespread and systematic and involve a collective dimension that requires broader historical analysis. A majority of respondents thought prosecutors use historical evidence to develop their theory of the case and, in genocide trials, such evidence can be relevant to the mental state of the accused. Prosecution and defense respondents profoundly disagreed on whether the ICTY has produced an accurate and comprehensive account of the armed conflicts of the 1990s in the former Yugoslavia. Prosecution respondents generally held that the ICTY’s historical discussions provided valuable insights into the conflict and enhanced the legitimacy of the Tribunal. Defense respondents were more critical of their own expert witnesses, perceived the ICTY judges as unreceptive to defense experts and maintained that the Tribunal’s legitimacy had been undermined by historical discussions. Our correlation analyses identified a divergence between those with two years or less involvement with the tribunal and those with more than 2 years involvement, suggesting that Tribunal tends to “socialize” participants into a shared view of historical evidence. We conclude with a discussion of the potential implications of the survey for creating a shared historical account and promoting reconciliation in the region.

……

Enhancing Judicial Reputation Through Legal Transplant – Estoppel Travels to France

Gilles Cuniberti

University of Luxembourg
May 10, 2011
University of Luxembourg Law Working Paper No. 2011-03

[posted May 12, 2011]

Since 2005, the French supreme court has ruled that the “rule of estoppel” is part of the French law of arbitration, and prevents parties from contradicting themselves when challenging arbitral awards before French courts. This Article explores why the French supreme court found it useful to openly borrow a common law doctrine while the application of old French rules had long enabled the court to sanction the very same strategic behavior. I argue that, although economic attractivity might have played a role, this legal transplant ought to be explained first and foremost by the willingness of the court to enhance its reputation, both collective and of its individual members.

……

Fictitious States, Effective Control, and the Use of Force

Brian Finucane

Yale University-Law School
May 10, 2011

[posted May 12, 2011]

This Article examines the security threat posed by “fictitious” states and non-state actors as well as the legal regime governing military responses to this threat. . . . Although the problem is most vividly illustrated by the United States’ ongoing conflict with Al Qa’ida in Pakistan, Yemen and Somalia, the problem is far broader. . . . This Article shows that the security threat posed by non-state actors operating from ungoverned territory is not new. Lapses of state control over territory have been common throughout history and violent non-state actors have long exploited these voids. When threatened by these non-state actors, states have often responded with transborder force. This Article examines a number of international incidents from the past two centuries involving the defensive use of force against non-state actors in ungoverned territory. These incidents reveal that despite a formally state-centric world order, governments have long recognized the danger posed by fictitious states and non-state actors. As a result there is a well developed customary right of self-defense vis-à-vis these non-state actors. This right to self-defense was already entrenched prior to 9/11. From state practice and legal claims, the Article draws a set of principles according to which the lawfulness of military actions has historically been assessed. These principles of customary law supplement the formal regime of the U.N. Charter. . . .

……

Towards a Synthesis between Islamic and Western Jus in Bello

Jacob Turner

affiliation not provided to SSRN
May 10, 2011

[posted May 12, 2011]

In the body of international humanitarian law (‘IHL’), there is a lacuna regarding the status of combatants engaged in asymmetric warfare. . . .The recent killing of Osama Bin Laden by US Special Forces Operatives has provided publicity to the debates regarding the legal status of irregular combatants. Some have claimed that Bin Laden ought to have been captured alive and tried in a court. The US administration has argued that Bin Laden’s killing was justified as part of an ongoing war. This paper suggests that at least some of the legal and moral uncertainty surrounding Bin Laden’s death, as well as the status of many other such belligerents, stems from a lack of clarity in IHL. It is imperative that new provisions of IHL be developed to accommodate the dynamics of modern warfare. In order that these may attain the requisite level of peremptory force to bind both state and non-state actors, new element of legitimacy must also be secured. This paper suggests that this gap in IHL be solved by recourse to a combination or synthesis of norms of Islamic with traditional sources of Western law. Perhaps contrary to popular belief, many of the tactics commonly employed by modern terrorists are contrary to Islamic law. Given that the participants in much modern warfare operate on a religious, rather than a nationally-motivated ideological agenda, it seems fitting that this apparent Clash of Civilisations be moderated by a solution which draws on the legal doctrines of both groups, rather than just traditional Western Just War theory.

……

A Summary of “Should Countries Promote Foreign Direct Investment?”

Rajarshi Ghosh 
Independent
FDI-Policies and Experiences, Forthcoming

[posted May 10, 2011]

The article seeks to examine whether the benefits of Foreign Direct Investment (FDI) are sufficient to justify the policies promoting FDI which prevail in practice.

……

Interpretation of International Agreements on Social Security from the Perspective of ‘Relocation’, ‘Temporary Residence’ and ‘Permanent Residence’

Alexander J. Belohlavek 
affiliation not provided to SSRN
CYIL – CZECH YEARBOOK OF INTERNATIONAL LAW, Vol. 2, pp. 269-283, A. Belohlavek, N. Rozehnalova, eds., JurisPublishing, Inc., 2011

[posted May 10, 2011]

Subject of the Article is the interesting judgment of the Czech Supreme Administrative Court as of 20 May 2010 dealing with the interpretation of international treaties on social security. The judgment is remarkable for the scope of resources of international (or Community) origin of which it takes account, at least for the purposes of comparison; it also concentrates on the difference between domicile and habitual residence, and the significance of the subjective and the objective element of the connection to a particular territory. . . .

……

Assessing the African Union Concerns about Article 16 of the Rome State of the International Criminal Court

Charles C. Jalloh 

University of Pittsburgh – School of Law

Dapo Akande 

University of Oxford – Faculty of Law

Max Du Plessis 

Institute for Security Studies (ISS); University of KwaZulu-Natal – Faculty of Law
African Journal of Legal Studies, Vol. 4, pp. 5-50, 2011
U. of Pittsburgh Legal Studies Research Paper No. 2011-14
Oxford Legal Studies Research Paper No. 6/2011

[posted Oct. 28, 2010, revised May 10, 2011]

This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the Sudanese leader. Given the AU’s continued concerns, and the current impasse, fundamental questions have arisen about the Council’s authority to exercise, or not exercise, its deferral power. This culminated into a November 2009 African proposal for an amendment to the Rome Statute to empower the UN General Assembly to act should the UNSC fail to act on a deferral request after six months. Although ICC States Parties have so far shown limited public support for the AU’s proposed amendment to the deferral provision, this article examines its merits because a failure to engage the “Article 16 problem” could impact international accountability efforts in the Sudan, and further damage the ICC’s credibility in Africa. This unresolved issue also has wider significance given that the matters underlying the tension – how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the Council in ICC business – will likely arise in future situations from around the world.

……

Cave Principia Generalia!
Two Problems with International Criminal Law’s General Part

Daniel Sheppard

Osgoode Hall Law School
May 9, 2011

[posted May 12, 2011]

There is now a broad literature on how states have attempted to implement the Rome Statute of the International Criminal Court into their domestic legal orders, and the problems that they face translating international criminal law principles into domestic criminal regimes. However, this body of work tends to suffer from two limits. First, much of the academic focus on domestic implementation has been restricted to the special part of the criminal law, downplaying the importance of international criminal law’s general part. Second, scholarly analysis tends to examine the issue of implementation from the perspective of states, loosing site of the impact of (non)implementation on the international system.  This working paper seeks to remedy both of these shortfalls by examining the theoretical problems raised when the general principles of criminal law contained in the Rome Statute are “misaligned” with the general principles of individual states. These difficulties are examined both from the perspective of states – where misalignment raises questions about complementarity and the duty to prosecute – and the international system as a whole. In the latter case, misaligned general parts raise serious questions about both the distribution of responsibility for prosecuting core crimes, and the ability for international criminal tribunals to fulfill many of their purported goals. As compared to misalignment in the special part of international criminal law, general part differences present particularly intractable problems for both states and international institutions. Absent any easy solution to problems of misalignment, actors in the field of international criminal law ought to recognize the limits to the project of international criminal justice that general part misalignment represents.

……

In the Midst of Nigeria’s Legal Order Playing Catch Up to Social Unrest and Conflict, Recognising the Rights of Victims and Enforcing Their Fundamental Human Rights

Omoba Oladele Opeolu Osinuga 

Supreme Court of Nigeria; European Rule of Law Mission EULEX
May 9, 2011

[posted May 12, 2011]

This paper examines the recent violence in Nigeria following April 2011 elections as well as the violent political, ethnic and religious conflicts and unrests to date from a legal perspective. It discusses the culture of impunity prevalent in Nigeria due to the non apprehension of culprits and the state’s lack of responsibility to victims involved in the violence. The paper outlines the state, position and gaps in Nigerian law with respect to the unrests and victims, criminal procedure, constitutional provisions for fundamental human rights and international law. The paper rganizati the need for adopting specific laws for hate crimes in Nigeria, criminalizing violations of fundamental human rights and urging the government to enact without delay these changes in consolidating pending laws to include these class of offences, statutory provisions for the status of victims and compensations for victims.

……

Bad Problem Getting Worse: Regional Trade Agreements and the Future of the Multilateral Framework on Competition Policy and Law

Kim Them Do 
affiliation not provided to SSRN
May 9, 2011

[posted May 10, 2011]

At present, Regional Trade Agreements (RTAs) have proliferated extraordinarily in the world trade landscape. Some trade diplomats are coming to recognize the greater significance of regional competition policy and law and are arguing that RTAs are likely to prevent to create anti-competitive cross border merger and acquisition business practices by firms. They advocate that competition-related provisions should be included in the framework of RTAs. Consequently, the adoption of these provisions in RTAs is expanding and becoming a trend in the regional trade landscape. On the contrary, trade scholars have long debated how regionalism may be able to contribute to the multilateral trading system. Due to the priority of market opening objectives in the trade liberalization process, they believe that lowering tariff barriers and removing a variety of non-tariff barriers are the principal issues to be addressed and that the implications of competition policy and law in enhancing trade welfare effects is not directly relevant to the objective pursued. Based on the relationship between regionalism and multilateralism in the contemporary trade discourse, this article discusses the prospects for the multilateral framework on competition policy and law and asks whether there is a link between these and at least the beginnings of a regulatory process at global level.

……

The Economics of Informal International Law – An Empirical Assessment

Stefan Voigt 

Institute of Law & Economics; CESifo (Center for Economic Studies and Ifo Institute for Economic Research)
May 8, 2011

[posted May 9, 2011]

Theory about the relevance of soft law abounds; empirical research on the topic does not. This study begins to even out this imbalance by not only developing a number of conjectures based on institutional economics, but also by testing them empirically. Based on all 2,289 soft laws concluded by the United States between 1981 and 2010, I find the following. (1) the number of international agreements increased dramatically between the mid 1990s until around 2006; since then, however, their use has declined almost as dramatically. (2) Around two-thirds of all international agreements concern only three policy areas: the military, science and technology, and aid. (3) More than 90% of all iinternational agreements are conducted bilaterally. (4) Some 40 percent of these agreements are concluded by a non-traditional actor on the U.S. side, i.e., an actor other than the President of the secretary of state.

……

Where is Asia? When is Asia? Theorizing Comparative Law and International Law

Teemu Ruskola 

Emory University School of Law
UC Davis Law Review, Vol. 44, p. 102, 2011

[posted May 8, 2011]

Ever since Henry Luce pronounced the twentieth century an American one, numerous critical observers have predicted that Asia will preside over the twenty-first one. Yet even today, that prediction still confronts us as a question: Asian Century? In this Essay, I approach the question by disaggregating the way it conflates space and time. I ask, separately, Where is Asia? And When is Asia? I seek to answer the first question in terms of cultural geography and the second one in terms of historiography. Effectively, I suggest that the problem of Asia is an epistemological one. I also consider what it means for comparative lawyers and international lawyers to take that problem seriously. I so do by using the so-called Asian Values debate as a point of entry to consider the methodological relationship between comparative and international law as disciplines. Both the Asian Values debate and the two legal disciplines are structured around a dialectic opposition between universal and particular values. Rather than positing preconstituted objects of legal knowledge and seeking to classify them as either universal or particular, I urge that we examine the worldview that gives rise to such binaries and makes them intelligible: How do the entities we analyze come to be seen as distinctive and oppositional to each other in the first place? Focusing on Chinese law, I consider an approach that is neither Eurocentric nor Sinocentric but de-centers both axes of comparison.

……

International Competition Enforcement Law between Cooperation and Convergence

Jörg Philipp Terhechte

University of Hamburg
May 6, 2011

[posted May 13, 2011]

. . . Whereas an increasing convergence of national, international and supranational law may be observed in the field of substantive law, enforcement law is character-ized by a wide range of different approaches, as well as the complexity which necessarily accompanies such diversity in approach. A closer look at International Competition Enforcement Law quickly reveals a multitude of national cartel and competition laws (approximately 100 at the moment), all of which feature different procedural quirks. Furthermore, there is supranational law and, in particular, with respect to procedure, complicated EU law, as well as variety of regional regimes (for example, MERCOSUR or NAFTA), all of which are based on completely different procedural traditions. Lastly, there are several international bodies (for example, the WTO or OECD) which aim at harmonizing and/or shaping procedural rules. These differences in regulation pose the question whether it is indeed possible to create a set of common principles for competition and merger control law. This is the premise of this book, which discusses the most important national procedural rules, while also exploring links to supranational and international law and analyzing the comprehensive cooperative networks. With this approach, it is possible to delineate the general structures and basic principles of International Competition Enforcement Law and piece them together.

……

Theories of International Trade and Impacts of Hegemony (in Arabic)

Issam A.W. Mohamed 

Al-Neelain University – Department of Economics

Mohamed A. Osman 

Al-Neelain University
May 6, 2011

This paper examines a variety of approaches to issues of globalization and international trade. It was implicated by early researchers and academicians that there are basic rules for international trade and labor division that should be investigated in order to maximize global trade. Within those bases, even though there were theoretical differences there is axial rule, that fair and equality should be cared for. A trickle down mechanism is fundamental to ameliorate internal and external trade capacities between advanced and developing economies.

……

Torture in the Eyes of the Beholder: The Psychological Difficulty of Defining Torture in Law and Policy

Mary-Hunter McDonnell

Northwestern University – Kellogg School of Management; Northwestern University School of Law

Loran Nordgren
Northwestern University – Department of Management & Organizations

George Loewenstein

Carnegie Mellon University – Department of Social and Decision Sciences
Vanderbilt Journal of Transnational Law, Vol. 44, No. 1, 2011

[posted May 6, 2011]

This Article draws upon recent social psychological research to demonstrate the psychological difficulty in distinguishing between torture and enhanced interrogation. We critique the accuracy of evaluations made under the current torture standard using two constructs – reliability and validity – that are employed to assess the quality of a construct or metric in the social sciences. We argue that evaluations of interrogation tactics using the current standard are both unreliable and invalid. We first argue that the torture standard is unreliable because of the marked variation in the manner in which different jurisdictions interpret and employ the torture prohibition. Next, we draw on recent social psychological research to demonstrate the standard’s invalidity. We identify the existence of two separate systematic psychological biases that impede objective application of the torture standard. First, the self-serving bias – a bias that motivates evaluators to interpret facts or rules in a way that suits their interests – leads administrators to promote more narrow interpretations of torture when faced with a perceived threat to their nations’ security. Thus, the threshold for torture is tendentiously raised during exactly the periods of time when torture is most likely to be used. Second, our own research on the hot-cold empathy gap suggests that an assessment of an interrogation tactic’s severity is influenced by the momentary visceral state of the evaluator. People who are not currently experiencing a visceral state – such as pain, hunger, or fear – tend to systematically underestimate the severity of the visceral state. We argue that, because the people who evaluate interrogation tactics are unlikely to be experiencing an extreme visceral state when making their evaluations, the hot-cold empathy gap results in systematic underestimation of the severity of tactics. The hot-cold empathy gap leads to the application of an under-inclusive conception of “torture” in domestic interrogation policy and international torture law.

……

Splitting Atoms: Why Do Countries Build Nuclear Power Plants?

Matthew Fuhrmann

University of South Carolina
May 4, 2011

[posted May 15, 2011]

Why do countries build nuclear power plants? This article develops a series of arguments for national reliance on nuclear power relating to economic development, energy security, nuclear proliferation, the supply side, norms, and nuclear accidents. Statistical tests of these arguments using a dataset on nuclear power plant construction in 123 countries between the years 1965 and 2000 yield two main conclusions. First, nuclear energy programs emerge and expand largely for innocuous reasons as a means to meet growing energy needs and enhance energy security. The evidence does not support the argument that countries pursue civilian nuclear power to augment nuclear weapons programs. If nuclear power contributes to nuclear proliferation, the former does not appear to take on a sinister dimension from the beginning. Second, major nuclear accidents substantially reduce the probability of reactor construction – especially in democracies and states that have not previously invested in nuclear energy. We are unlikely to observe a true “nuclear energy renaissance” in the aftermath of the March 2011 nuclear disaster in Japan. Accordingly, it is doubtful that nuclear power will be a meaningful solution to global climate change.

……

Cross-National Adoption of Private Food Quality Standards

Thomas Herzfeld 

Agricultural Economics and Rural Policy Group

Larissa S. Drescher 

Technische Universität München (TUM) – TUM School of Management

Carola Grebitus 

affiliation not provided to SSRN
Food Policy, Vol. 36, No. 3, 2011

[posted May 4, 2011]

Retailer initiated food quality standards are important elements to market food and agricultural products. However, farmers’ certification proceeds at an unequal speed worldwide with some countries representing a large number of certified producers and others representing very few, if any. This study aims at rganizat the adoption of two private food standards, BRC Food Technical Standard and GlobalGAP, at an aggregated cross-country level using data of 2007. Negative binomial models are applied to quantify the determinants of standards’ spread at an aggregated level. The results of the econometric analysis reveal some (potential) barriers for farms and firms in developing countries to access this type of rganizational innovation. Certificates of both standards seem to be issued more likely in countries with established trade relations with Germany, the Netherlands and the United Kingdom, home countries of the standards. Furthermore, larger countries and countries with better institutional quality host more certified firms. Finally, a country’s level of economic development displays a clear non-monotonic relationship to the number of certified enterprises. Although no evidence for a general exclusion of developing countries can be found, the main implication of this paper is that third-party certification for export purposes seems to reinforce already existing trade relations, potentially hampering new entrants.

……

The Law and Economics of Article 82 EC and the Commission Guidance Paper on Exclusionary Conduct

Frank P. Maier-Rigaud

OECD Competition Division; European Commission, DG Competition; Max Planck Institute for Research on Collective Goods; Laboratory for Experimental Economics, University of Bonn; Indiana University Bloomington – Workshop in Political Theory and Policy Analysis

Michael Adam

affiliation not provided to SSRN
May, 02 2011

[posted May 12, 2011]

This article discusses the approach to Article 82 in O’Donoghue and Padilla’s book “The Law and Economics of Article 82 EC’’ (Hart Publishing, Oxford 2006), compares it with the new European Commission Guidance Paper on the Commission’s enforcement priorities in applying Article 82 EC to abusive exclusionary conduct by dominant undertakings and addresses some aspects of competition law remedies.

……

Determinants of Sovereign Wealth Fund Investment in Private Equity

Sofia Johan

York University – Schulich School of Business; Tilburg Law and Economics Center (TILEC)

April M. Knill

Florida State University

Nathan Mauck 

Florida State University – Department of Finance
May 1, 2011
International Conference of the French Finance Association (AFFI), May 11-13, 2011
TILEC Discussion Paper No. 2010-044

[posted May 12, 2011]

This paper examines investment patterns of 50 sovereign wealth funds (SWFs) in nations around the world. We study investment by SWFs in 903 public and private firms over the period 1984-2009. As expected, we observe SWFs investments are more often in private firms when the market returns of target nations are negatively correlated to the market returns of the SWF nations. But counter to expectations, the data indicate that SWFs are more likely to invest in private firms of target nations with weaker legal conditions, and when the legal differences between the SWF country and the target country are more pronounced. This evidence is consistent with strategic rationales for investment and potential corporate governance conflicts.

……

Immigration Policy and Counterterrorism

Subhayu Bandyopadhyay 

Federal Reserve Bank of St. Louis – Research Division

Todd M. Sandler 

University of Texas at Dallas – School of Economic, Political and Policy Sciences, Department of Economics & Finance
April 28, 2011
Federal Reserve Bank of St. Louis Working Paper No. 2011-012A

[posted April 29, 2011]

A terrorist group, based in a developing (host) country, draws unskilled and skilled labor from the productive sector to conduct attacks at home and abroad. The host nation chooses proactive countermeasures, while accounting for the terrorist campaign. Moreover, a targeted developed nation decides its optimal mix of immigration quotas and defensive counterterrorism actions. Even though proactive measures in the host country may not curb terrorism at home, it may still be advantageous in terms of national income. Increases in the unskilled immigration quota augment terrorism against the developed country; increases in the skilled immigration quota may or may not raise terrorism against the developed country. When the developed country assumes a leadership role, it strategically augments its terrorism defenses and reduces its unskilled immigration quota to induce more proactive measures in the host country. The influence of leadership on the skilled immigration quota is more nuanced.

……

Res Judicata in International Arbitral Awards

Luca G. Radicati di Brozolo

Catholic University of Mlan
April 15, 2011

[posted May 16, 2011]

The paper analyses the sources of the res judicata effect of international arbitral awards. It discusses the problems inherent in the application of the rules of domestic law governing the res judicata effects of national judgments and the approach of international arbitrators and of national courts. It then proposes the development of ad hoc transnational principles to govern the subject matter, and focuses in particular on the Recommendations on Res Judicata in International Commercial Arbitration of the International Law Association.

……

Misinterpreting the Alien Tort Statute: Should Corporations Face U.S. Tort Liability for Violations of Human Rights?

Daniel Prince 
University of Oregon – School of Law
April 8, 2011

[posted May 15, 2011]

The second circuit recently held in Kiobel v. Royal Dutch Petroleum Co. that federal courts did not have subject matter jurisdiction to hear a civil claim against a corporation under the Alien Tort Statute. The ATS could not provide jurisdiction over a corporate defendant’s actions unless customary international law extended the scope of liability for the offense to corporate actors. This paper explains why the Kiobel decision is unfaithful to the wording of the ATS. The statute limits the possible plaintiffs and the causes of action, but it is silent regarding defendants. Scope of liability should not be an issue. I use traditional canons of statutory interpretation to argue that the Alien Tort Statute is 20 years old, not 200 years old. Furthermore, the panel majority rejected the circuit’s established patchwork approach to creating ATS causes of action. Finally, even if the majority’s statutory construction is sound, jurisdiction would be proper if it could be shown that customary international law did in fact hold corporations liable for human rights abuses. I have provided a sampling of such instances that the second circuit majority missed.

……

The Transnational Illegal Market of Trafficking in Human Beings – Actors and Discourses: A Transatlantic Comparison

Jürgen Nautz 

University of Vienna

Euridice Marquez 

University of Vienna
April 5, 2011

[posted May 7, 2011]

The paper analyses the development of trafficking in human beings (THB) as an economic crime and as a severe violation of human rights by focusing on the different actors’ involved in counter-trafficking efforts. The paper outlines how the crime evolved in Austria, Germany and the United States of America (USA) since the 19th century until present. The phenomenon of human trafficking as defined by the UN Trafficking Protocol of 2000 it relates to slavery and it is considered as modern day slavery. Finding the right words to describe the crime remains a persistent challenge in combating human trafficking. Most formulations used to describe trafficking focus on the trade or buying and selling of people, or they mean something closer to “smuggling,” which relates specifically to movement over borders. These words, including the word trafficking in English, may not adequately capture the most important aspect of the practice: exploitation. Nevertheless, it is important to note that in the 19th and early 20th century practices nowadays considered as human trafficking referred as ‘White Slavery’, Slavery and ‘Mädchenhandel’. THB was also primarily saw as a feeding of the sex industry; excluding forced labour, domestic servitude, forced begging, among other forms of human trafficking from the today internationally agreed upon definition. A growing demand for (cheap) labour, sexual services and women for (forced) marriages, economic and demographic disparities have stimulated the trafficking and smuggling in human beings through time. The perpetrators force the individuals to work in conditions of forced labour, servitude, or debt bondage; this privation of freedom and poor living conditions is thus a severe violation of human rights. Efforts to combat THB have mostly been geared at victim support and prevention as a response to the severe harm to victims, but little has been done to diminish the profitability of the business, which is why it is valuable to look at how this business has developed through time. Trafficking still remains a very profitable business in which the traffickers face relatively small risks.

……

On the Notion of Ecological Justice

Stefanie Glotzbach

Leuphana University – Dept. of Sustainability Sciences
April 1, 2011

[posted May 15, 2011]

The increasing loss of ecosystem services severely affects life perspectives of today’s poor and future persons. Thus, governing the use of ecosystem services in an intragenerational and intergenerational just way is an urgent issue. I develop a conception of ecological justice that establishes the specific link between justice and ecosystem services, and argue that specific demands on a conception of ecological justice follow from determining ecosystem services as objects of justice. Showing that Rawls’ “A Theory of Justice” (1971) can consistently meet the identified demands, I verify that it is an appropriate theory for deriving a conception of ecological justice.

B. Pre-2011 Items Posted This Week

Torture as a Lesser Evil? Governing Security in Times of Terrorist Emergencies

Jean-Marc Piret 

Erasmus University Rotterdam (EUR) – Erasmus School of Law
GOVERNING SECURITY UNDER THE RULE OF LAW, pp. 99-122, J. Blad, M. Hildebrandt, K. Rozemond, M. Schuilenburg and P. Van Calster, eds., Eleven International Publishing, December 2010

[posted May 17, 2011]

When torture is being used in the war against terrorism to gather information in order to avert imminent threats to the lives of many people (the “ticking time bomb scenario”), it may be accepted by some liberals as a means dictated by necessity. The utilitarian aspect of Cesare Beccaria’s classical argument against torture (and the dead penalty), has always been precarious because it is not based on principle. If it is possible to demonstrate on empirical grounds that torture can be effective under certain circumstances as a way to realize a greater good, then it may become acceptable to consequentialists as a lesser evil. In this paper the justification of torture as an emergency exception in order to prevent the killing of many people will be put under close scrutiny and will be confronted to the philosophical doctrine about emergency exceptions in penal law. The paper also focuses on the issue why we consider torture to be worse than killing. Further the paper looks at what the Israeli Supreme Court (Public Committee against torture case) and the European Court of Human Rights (Gäfgen v. Germany) decided in two landmark cases about torture and underlines the difference between justification and excuse (necessity defense). . . .

……

Access to Justice: The Impact of Injunctions, Contempt of Court Proceedings, and Costs Awards on Environmental Protestors and First Nations

Graham Mayeda

University of Ottawa – Faculty of Law – Common Law Section
McGill Journal of Sustainable Development Law and Policy, Vol. 6, No. 2, p. 143, 2010

[posted May 15, 2011]

The demonstrations against uranium mining exploration by aboriginal and non-aboriginal residents of Sharbot Lake, Ontario illustrate how three areas of law – the law of injunctions, contempt of court proceedings and the law of public interest costs – can have a negative impact on access to justice for protestors seeking to promote and protect environmental and human rights. Using these protests as a case study, the author suggests how the law in these three areas can beimproved in order to make it more difficult for private individuals, corporations, and government to use the threat of imprisonment and crippling costs awards to dissuade aboriginal and environmental protestors from vindicating their rights. These suggestions range from strategic legal action

……

EU Criminal Law and the Treaty of Lisbon – Where Shall We Go Now?

Alexandra Horvathova 
Central European University (CEU)
November 30, 2010

[posted May 12, 2011]

The article examines the changes to the European Union’s competence to harmonize criminal law and the decision-making powers after the Treaty of Lisbon regarding justice and home affairs matters. It compares the third pillar provisions contained in the former Treaty on European Union with those contained in the Treaty of Functioning of the European Union: Articles 82 and 83, which deal with criminal substantive and procedural law. Furthermore, this article considers the effect of new competences on the future ruling of the Court of Justice of the European Union with the criminal subject matter and possible introduction of new Union definitions and principles of the criminal law. Finally, it tries to answer the question “Where shall we go now?” with respect to the issue of unification versus harmonization.

……

Fictitious States, Effective Control, and the Use of Force

Brian Finucane

Yale University-Law School
August 1, 2010

[posted May 12, 2011, updated May 17, 2011]

This Article examines the security threat posed by “fictitious” states and non-state actors as well as the legal regime governing military responses to this threat. As the Article explains, many of the world’s states are legal fictions because they lack the key feature of statehood in international law: the effective control of their nominal populations and territories. Although the problem is most vividly illustrated by the United States’ ongoing conflict with Al Qa’ida in Pakistan, Yemen and Somalia, the problem is far broader. In fact effective states which control all of their territory and population are in fact anomalous. As a result the formal, state-centric use of force regime embodied in the U.N. Charter is insufficient. This Article shows that the security threat posed by non-state actors operating from ungoverned territory is not new. Lapses of state control over territory have been common throughout history and violent non-state actors have long exploited these voids. When threatened by these non-state actors, states have often responded with transborder force. This Article examines a number of international incidents from the past two centuries involving the defensive use of force against non-state actors in ungoverned territory. These incidents reveal that despite a formally state-centric world order, governments have long recognized the danger posed by fictitious states and non-state actors. As a result there is a well developed customary right of self-defense vis-à-vis these non-state actors. This right to self-defense was already entrenched prior to 9/11. From state practice and legal claims, the Article draws a set of principles according to which the lawfulness of military actions has historically been assessed. These principles of customary law supplement the formal regime of the U.N. Charter.  The Article draws upon the customary principles of necessity and proportionality to sketch a framework for regulating the use of force against non-state actors. A central contribution of this framework is the delimitation of the battlefield in a conflict with a non-state actor such as Al Qa’ida which operates from the ungoverned spaces of multiple countries.

 

Australia’s Move to the Plain Packaging of Cigarettes and its WTO Compatibility

Andrew D. Mitchell

Melbourne Law School; Georgetown University Law Center
Asian Journal of WTO & International Health Law and Policy, Vol. 5, No. 2, pp. 405-426, September 2010

[posted May 12, 2011]

Tobacco companies have expressed concern that Australia’s plain cigarette packaging initiative breaches international trade obligations. This article begins by providing a background to cigarette packaging. It then examines developments worldwide and in Australia that have led to this initiative, and finally examines the claim of cigarette companies that the move is incompatible with the TRIPS Agreement. It concludes that the general move towards plain packaging in Australia and elsewhere falls within the scope of permissible regulation under Article 20 of the TRIPS Agreement and that concerns about plain packaging violating the TRIPS Agreement should not prevent WTO Members from placing plain packaging firmly on the public health agenda.

……

More Stringent BITs, Less Ambiguous Effects on FDI? Not a Bit!

Axel Berger 

German Development Institute

Matthias Busse 

University of Bochum – Faculty of Economics; HWWI – Hamburg Institute of International Economics

Peter Nunnenkamp 

University of Kiel

Martin Roy 

World Trade Organization (WTO) – Trade in Services Division
April 1, 2010
Kiel Working Paper No. 1621

[posted May 12, 2011]

We focus on investor-state dispute settlement provisions contained in various, though far from all, bilateral investment treaties as a possible determinant of BIT-related effects on bilateral FDI flows. Our estimation results prove to be sensitive to the specification of these provisions as well as the inclusion of transition countries in the sample. Stricter dispute settlement provisions do not necessarily result in higher FDI inflows so that the effectiveness of BITs as a credible commitment device remains elusive.

……

Ireland & the UK in the European Union and European Convention on Human Rights: A Tale of Two Island Legal Systems?

Cian C. Murphy

King’s College London – School of Law
THE NATIONAL JUDICIAL TREATMENT OF THE ECHR AND EU LAWS: A COMPARATIVE PERSPECTIVE, Giuseppe Martinico, Oreste Pollicino, eds., Europa Law Publishing, 2010 

[posted May 12, 2011]

This paper critically examines the operation of European Union (EU) law and the European Convention on Human Rights (ECHR) in Ireland and the UK. Ireland has a colourful history in both the EU and ECHR. Since its accession in 1973, Ireland has provided the EU with both legal and constitutional challenges. Furthermore, while it only transposed the Convention into domestic law in 2003, Ireland offered the European Court of Human Rights (ECtHR) its first case, one of its few interstate cases, and the opportunity to offer its most recent thoughts on the relationship between EU law and the ECHR. The UK’s relationship with the EU has been fraught with acrimony. Similarly, despite the leading role played by Britain in the Council of Europe, the eventual implementation of the ECHR in British law in 1998 has been portrayed as European interference with the UK legal system. Nonetheless, the peculiar nature of the UK legal system and its interaction with both EU and ECHR law makes for an interesting case study. This report critically compares Irish and British implementation of European law. Section 2 examines the legal effects of EU membership in the two jurisdictions. Section 3 considers Irish and UK membership of the ECHR and implementation of the Convention in the domestic law of the two states. In section 4, judicial application of European law in the two jurisdictions is critically compared. Section 5 draws the various strands together to conclude that Irish and British implementation of both forms of European law remains idiosyncratic. While European law has undoubtedly affected the two legal systems, its influence continues to be filtered through the unique constitutional arrangements of the two states.

……

A ‘Most Serious Crime?’ – The Death Penalty for Drug Offences and International Human Rights Law

Rick Lines

International Centre on Human Rights and Drug Policy
Amicus Journal, No. 21, pp. 21-28, 2010

[posted May 12, 2011]

This article provides an in-depth analysis of the international law ramifications of applying the death penalty for drug offences. It reviews the the ‘most serious crimes’ threshold for the lawful application of capital punishment as established in the International Covenant on Civil and Political Rights. It then explores the question of whether drug offences meet this threshold by examining the issue through the lenses of international human rights law, the domestic legislation in retentionist states, international narcotics control law, international refugee law and international criminal law. The article concludes that drug offences do not constitute ‘most serious crimes’, and that executions of people for drug offences violates international human rights law.

……

The International Criminal Court and ‘Internationally Recognized Human Rights’: Understanding Article 21(3) of the Rome Statute

Daniel Sheppard 
Osgoode Hall Law School
International Criminal Law Review, Vol. 10, p. 43, 2010

[posted May 12, 2011]

Article 21(3) of the Rome Statute requires that the law applied by the ICC be interpreted and applied in accordance with “internationally recognized human rights.” Notwithstanding its paramountcy over other sources of law, Article 21(3) has yet to receive satisfactory consideration and analysis by the Court. In constructing a principled framework for how international human rights should operate within the applicable law of the Court, certain principles serve as important guideposts: rules of statutory interpretation, the complementarity principle, the structure of international human rights law, and principles of international legal personality. Relying on these principles, the Court’s jurisprudence and the Statute’s travaux préparatoires, it is possible to map out some of the features of Article 21(3). The Article is not merely a rule of interpretation, but is generative of powers and remedies that would otherwise not be available. However, in order to be applied rationally, the scope of “internationally recognized human rights” should be contingent on which state would ordinarily exercise jurisdiction over a prosecution. The institutional relationships between The Court, state parties, and other bodies that interpret and apply human rights norms should also influence how the Court applies these principles, with decisions of international human rights courts being prima face binding in certain circumstances.

……

Pushing the Boundaries: Rethinking International Law in Light of Cosmopolitan Obligations to Developing Countries

Graham Mayeda

University of Ottawa – Faculty of Law – Common Law Section
Canadian Yearbook of International Law, Vol. 47, p. 3, 2009

[posted May 15, 2011]

This article argues for a change in the normative assumptions of international law so as to attenuate the historical marginalization of developing countries. It describes a form of collective responsibility called “cooperative cosmopolitanism” that requires individuals and states to take responsibility for harms to those beyond their borders. Cooperative cosmopolitanism entails obligations shared by all that are realized collectively and cooperatively. Taking a phenomenological approach and relying on examples of areas of international law (especially international investment law) that have a disproportionately negative impact on developing countries, the article suggests five ways in which international law should evolve in order to take better account of our cosmopolitan obligations: (1) widening the ambit of international law beyond state-based issues; (2) de-emphasizing state practice and opinio juris as criteria for creating international law; (3) recognizing an increased role for equity in international law; (4) broadening state responsibility to include harms caused by their nationals abroad; and (5) articulating a cosmopolitan understanding of the responsibilty to protect foreign nationals.

……

International Treaties, Fundamental Rights and Individual Freedom: Ruptures and Evolutions in 60 Years of Jurisprudence of the Federal Supreme Court of Brazil

Carlos Luiz Strapazzon Sr.

UFSC
CONTEMPORARY STUDIES OF FUNDAMENTAL RIGHTS, pp. 379-399, Letícia de Campos Velho, ed., Lumen Juris, 2009

[posted May 12, 2011]

The Supreme Federal Court of Brazil definitely a) officialized the theory of Constitutional State, b) placed the dignity of the human being in the center of the essential core of the Constitution, c) refused the traditional thesis on the nature of the Ordinary Law for international human rights Treaties and Conventions ratified by Brazil, d) incorporated central elements of the theory of cosmopolitan constitutionalism, especially the idea of bloc de constitucionalité, to constitutional hermeneutics, e) harmonized the application of Article 5, Paragraphs 2 and 3 of the Brazilian Constitution and f) consolidated the instrumental nature of judicial proceedings. The Supreme Court has been working on all of these changes related to the force of human rights for a considerable length of time. In this work we will attempt to understand the foundations of these decisions and, as we clarify the reasons manifested by the decisions of the Court, we will also evaluate the juridical and political consequences of the new relations established between Constitutional Law and international human rights Treaties.

……

The EC’s Common Commercial Policy Revisited: What Does Lisbon Add?

Frederic M. Van den Berghe 
European Investment Bank
Global Trade and Customs Journal, 2009

[posted May 10, 2011]

Article 133 EC Treaty regulates the conclusion of EC external trade agreements. As the scope of subjects covered by international trade negotiations and by the EC’s common commercial policy has broadened, the issue of the limits of this exclusive competence has risen. This article outlines the changes to Article 133 EC Treaty over the last two decades and summarizes the amendments introduced by the Lisbon Treaty to that article. Although the latter amendments have clarified competency issues with respect to intellectual property agreements, they have raised considerable legal uncertainty with respect to competence for foreign direct investment (FDI).

……

The Right to Health of Prisoners in International Human Rights Law

Rick Lines

International Centre on Human Rights and Drug Policy
International Journal of Prisoner Health, Vol. 4, No. 1, pp. 3-53, March 2008

[posted May 12, 2011]

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

……

Injecting Drugs into Human Rights Advocacy

Rick Lines

International Centre on Human Rights and Drug Policy

Richard Elliott

Canadian HIV/AIDS Legal Network
International Journal of Drug Policy, Vol. 18, pp. 453-457, 2007

[posted May 12, 2011]

This commentary explores the conflict within the United Nations system when it comes to issues of human rights and drugs. Specifically, it addresses the challenges of advocating for harm reduction within the UN drug control system, and the opportunities for utilising UN human rights mechanisms as a tool.

……

Islamic International Law (Siyar): An Introduction

Muhammad Munir

International Islamic University Islamabad (IIUI)
2007
Human Rights Conflict Prevention Centre (HRCPC), Vol. 7, No. 1-2, pp. 923-940., 2007

[posted May 10, 2011]

This work explains the origin, sources, and evolution of Islamic international law (Siyar). It attempts to locate the role and place of Islamic International law (Siyar). It argues that Abu Hanifa was the first jurist to treat Siyar as a separate legal science and who systematically explained the rules of Siyar. This works discusses the role of Siyar within the domestic law in Pakistan. It concludes that since Islamic law is not only one of the principal legal systems in the world but also that Islam is one of the main forms of civilizations; therefore, Islamic law must be one of the sources of international law. Finally, it argues that since public international law is not secular in nature, but rather ‘neutral’ so as to ‘accommodate’ Muslim states. Siyar only strengthens the obligations of Muslim states and does not impose Islamic law on non-Muslim states.

……

Forced Labour and Human Trafficking: Estimating the Profits

Patrick Belser

International Labor Organization
March 1, 2005

[posted May 13, 2011]

This is an experimental assignment undertaken for the ILO to try to estimate the order of magnitude of the profits from forced labour and human trafficking. The paper’s main finding is that global profits made from forced labourers exploited by private agents or enterprises could reach US$ 44.2 billion every year, of which US$ 31.6 billion from trafficked victims. The largest profits – more than US$ 15 billion – are made from people trafficked and forced to work in industrial countries. These figures show that profits are possibly much larger than has so far been recognized by the estimates of other national or international organizations. They also support the view that trafficking thrives because it is lucrative and that policy measures to combat this scourge must include the confiscation of the financial assets of those involved in trafficking across or within borders. This requires countries to put in place and implement as rapidly as possible serious systems of financial investigation.

……

Legal Imperialism through Decisions of International Organs

Andraz Zidar

affiliation not provided to SSRN
Imperialism and Chauvinism in the Law, Schultess, Zurich-Geneva-Basel, 2004

[posted May 12, 2011]

The article deals with the issue of legal framework of international organs. Often the questions arises whether international organs overstep their functional boundaries. Author scrutinizes performance of the Security Council, the European Court of Justice, the European Court of Human Rights and human rights bodies. In his view, expansion of international organ’s jurisdiction remains justifiable as long as it resonates with the original intent and purpose of the constitutive international instrument.

……

Domestic Implementation of the International Covenant on Civil and Political Rights Pursuant to its Article 2 Para. 2

Anja Seibert-Fohr 
Max Planck Society for the Advancement of the Sciences – Max Planck Institute for Comparative Public Law and International Law
Max Planck Yearbook of United Nations Law, Vol. 5, pp. 399-472, 2001

[posted May 9, 2011]

The International Covenant on Civil and Political Rights of 1966 (ICCPR) contains a comprehensive catalogue of civil and political rights which the States parties pursuant to its article 2 para. 1 have accepted to “respect and to ensure”. This article elaborates on the requirements for implementing the Covenant and addresses questions as to when and to what extent the Covenant requires a particular act of implementation. A dominant issue is whether it creates only duties of result, as the duty to refrain from human rights violations, or also duties of conduct, as the enactment of specific safeguards against violations. An analysis of the relevant jurisprudence shows that the Human Rights Committee over the years has specified and elaborated a variety of the means to be adopted by the States parties to the ICCPR, such as law enforcement measures, institutional and procedural safeguards, monitoring and control mechanisms, contextual measures, and the provision of information and education. With these obligations of conduct the leeway given to States parties regarding the choice of implementation measures has been reduced gradually.

……

The Case Against Arbitral Awards of Specific Performance in Transnational Commercial Disputes

Troy E. Elder 
Florida International University (FIU) College of Law
The Journal of the London Court of International Arbitration, Vol. 13, No. 1, 1997
Florida International University Legal Studies Research Paper No. 11-10

[posted May 10, 2011]

Despite its common law origins as an exceptional form of relief, specific performance of contractual obligations in lieu of monetary damages has become a commonplace remedy in contract law in the U.S., and in civil and public international law. Moreover, U.S. courts have given arbitrators broad discretion to order specific relief. Routine use of this remedy in international commercial arbitrations, where privately chosen adjudicators resolve contract disputes between parties of different nationalities, would thwart the provisions of the New York Convention. The very structure of this treaty, which sets forth the terms for the recognition and enforcement of international arbitral awards by multiple commercial powers, contemplates awards for monetary damages. Proponents of specific performance as an international arbitral remedy elevate the promisee’s interest in obtaining the benefit of its bargain over a systemic interest in the predictable enforcement of arbitral awards in foreign jurisdictions. While the New York Convention assigns to foreign courts the ministerial role of entering a judgment consistent with an international arbitral award, an award of specific performance would require one or more foreign courts to supervise its enforcement, a result not contemplated by the treaty that may also invite enforcing courts to revisit the merits of the award. This undermines the finality of arbitral awards that was secured by the treaty and frustrates the expectations of parties to international arbitration agreements. In the context of modern transnational commerce, an award of monetary damages for breach of contract is the only practicable form of final relief in international arbitrations.

II. Books

International Law in the U.S. Supreme Court: Continuity and Change

(Cambridge Univ. Press, 2011)

Edited by David L. Sloss

From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court’s use of international law from the Court’s inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court’s treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court’s international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court’s international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

……

Exploring the Boundaries of International Criminal Justice

(Ashgate, 2011)

by Ralph Henham, Nottingham Trent University, UK and Mark Findlay, University of Sydney, Australia

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims’ interests and expectations as a focus.

……

Ethical Foreign Policy?

(Ashgate, 2011)

by Chih-Hann Chang

Chang provides a deeper understanding of ethical foreign policy in theory and practice by providing an in-depth study of ethical realism and examining US humanitarian interventions. She addresses concepts of moral leadership and pragmatic foreign policy in the field of international relations in general and foreign policy analysis in particular.

……

Ethics and the Use of Force

(Ashgate, 2011)

by James Turner Johnson, Rutgers University, USA

This book explores how and why just war tradition coalesced and how it has developed. By highlighting the just war tradition in historical perspective, this valuable study looks at contemporary implications drawn out in the context of important contemporary debates.

……

The Human Rights of Children

(Ashgate, 2011)

by Antonella Invernizzi, Swansea University, UK and Jane Williams

This volume provides a series of analyses of some of the contemporary debates in relation to the human rights of children, resituating them within visions which informed the text of the United Nations Convention on the Rights of the Child in 1989. Authors examine some of today’s interpretations of the CRC as well as what is implied by a human rights-based approach in research and advocacy. They consider advances and barriers to research and to several aspects of CRC implementation. With contributions by leading experts in the field, the book examines the CRC as an international instrument, its inherent dilemmas and some of the debates generated by the challenges of implementation at different levels of governance.

……

Slow Violence and the Environmentalism of the Poor
(Harvard Univ. Press, June 2011)

Rob Nixon

The violence wrought by climate change, toxic drift, deforestation, oil spills, and the environmental aftermath of war takes place gradually and often invisibly. Using the innovative concept of “slow violence” to describe these threats, Rob Nixon focuses on the inattention we have paid to the attritional lethality of many environmental crises, in contrast with the sensational, spectacle-driven messaging that impels public activism today. Slow violence, because it is so readily ignored by a hard-charging capitalism, exacerbates the vulnerability of ecosystems and of people who are poor, disempowered, and often involuntarily displaced, while fueling social conflicts that arise from desperation as life-sustaining conditions erode.

In a book of extraordinary scope, Nixon examines a cluster of writer-activists affiliated with the environmentalism of the poor in the global South. By approaching environmental justice literature from this transnational perspective, he exposes the limitations of the national and local frames that dominate environmental writing. And by skillfully illuminating the strategies these writer-activists deploy to give dramatic visibility to environmental emergencies, Nixon invites his readers to engage with some of the most pressing challenges of our time.

……

Sexual Violence in Conflict Zones: From the Ancient World to the Era of Human Rights

(Univ. of Pennsylvania Press, April 2011)

Elizabeth D. Heineman, Editor

Essays in the volume span a broad geographic, chronological, and thematic scope, touching on the ancient world, medieval Europe, the American Revolutionary War, precolonial and colonial Africa, Muslim Central Asia, the two world wars, and the Bangladeshi War of Independence. By considering a wide variety of cases, the contributors analyze the factors making sexual violence in conflict zones more or less likely and the resulting trauma more or less devastating. Topics covered range from the experiences of victims and the motivations of perpetrators, to the relationship between wartime and peacetime sexual violence, to the historical background of the contemporary feminist-inflected human rights moment. In bringing together historical and contemporary perspectives, this wide-ranging collection provides historians and human rights activists with tools for understanding long-term consequences of sexual violence as war-ravaged societies struggle to achieve postconflict stability.

……

Human Rights in Iran: The Abuse of Cultural Relativism

(Univ. of Pennsylvania Press, Feb. 2011)

Reza Afshari

Are the principles set forth in the Universal Declaration of Human Rights truly universal? Or, as some have argued, are they derived exclusively from Western philosophic traditions and therefore irrelevant to many non-Western cultures? Should a state’s claims to indigenous traditions, and not international covenants, determine the scope of rights granted to its citizens? In his strong defense of the Declaration, Reza Afshari contends that the moral vision embodied in this and other agreements is a proper response to the abuses of the modern state. Asserting that the most serious violations of human rights by state rulers are motivated by political and economic factors rather than the purported concern for cultural authenticity, Afshari examines one particular state that has claimed cultural exception to the universality of human rights, the Islamic Republic of Iran.

……

Lustration and Transitional Justice: Personnel Systems in the Czech Republic, Hungary, and Poland

(Univ. of Pennsylvania Press, June 2011)

Roman David

How do transnational democracies deal with officials who have been tainted by complicity with prior governments? Should they be excluded or should they be incorporated into the new system? In Lustration and Transnational Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. While the Czech Republic approved a lustration (vetting) law based on the traditional method of dismissals, Hungary and Poland devised alternative models that granted their tainted officials a second chance in exchange for truth. David classifies personnel systems as exclusive, inclusive, and reconciliatory, which are based on dismissal, exposure, and confession, respectively, and which represent three major classes of transitional justice.

……

Forgotten Genocides: Oblivion, Denial, and Memory

(Univ. of Pennsylvania Press, June 2011)

René Lemarchand, Editor

Forgotten Genocides: Oblivion, Denial, and Memory gathers eight essays about genocidal conflicts that are unremembered and, as a consequence, understudied. The contributors, scholars in political science, anthropology, history, and other fields, seek to restore these mass killings to the place they deserve in the public consciousness. Remembrance of long forgotten crimes is not the volume’s only purpose—equally significant are the rich quarry of empirical data offered in each chapter, the theoretical insights provided, and the comparative perspectives suggested for the analysis of genocidal phenomena. While each genocide is unique in its circumstances and motives, the essays in this volume explain that deliberate concealment and manipulation of the facts by the perpetrators are more often the rule than the exception, and that memory often tends to distort the past and blame the victims while exonerating the killers.

……

The Anti-Slavery Project: From the Slave Trade to Human Trafficking

(Univ. of Pennsylvania Press, June 2011)

Joel Quirk

In The Anti-Slavery Project, historian and human rights expert Joel Quirk examines the evolution of political opposition to slavery from the mid-eighteenth century to the present day. Beginning with the abolitionist movement in the British Empire, Quirk analyzes the philosophical, economic, and cultural shifts that eventually resulted in the legal abolition of slavery. By viewing the legal abolition of slavery as a cautious first step—rather than the end of the story—he demonstrates that modern anti-slavery activism can be best understood as the latest phase in an evolving response to the historical shortcomings of earlier forms of political activism. By exposing the historical and cultural roots of contemporary slavery, The Anti-Slavery Project presents an original diagnosis of the underlying causes driving one of the most pressing human rights problems in the world today. It offers valuable insights for historians, political scientists, policy makers, and activists seeking to combat slavery in all its forms.

……

University of Washington Law Library

Recent Acquisitions

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 74: May 17, 2011

ALAN O’NEIL SYKES, EDITOR

Human Rights and Illicit Trade in Cultural Objects

Ana Filipa Vrdoljak, University of Western Australia – Faculty of Law

 

First Decisions on the Admission of Evidence at ICC Trials – A Blending of Accusatorial and Inquisitorial Models?

Michele Caianiello, University of Bologna – Department of Juridical Sciences

 

The Law and Economics of Article 82 EC and the Commission Guidance Paper on Exclusionary Conduct

Frank P. Maier-Rigaud, OECD Competition Division, European Commission, DG Competition, Max Planck Institute for Research on Collective Goods, Laboratory for Experimental Economics, University of Bonn, Indiana University Bloomington – Workshop in Political Theory and Policy Analysis
Michael Adam, affiliation not provided to SSRN

 

Broken Taillight at Sea: The Peacetime International Law of Visit, Board, Search, and Seizure

James Kraska, U.S. Naval War College, Foreign Policy Research Institute (FPRI), Woods Hole Oceanographic Institution – Marine Policy Center, International Institute for Humanitarian Law, Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)

 

Torture in the Eyes of the Beholder: The Psychological Difficulty of Defining Torture in Law and Policy

Mary-Hunter McDonnell, Northwestern University – Kellogg School of Management, Northwestern University School of Law
Loran Nordgren, Northwestern University – Department of Management & Organizations
George F. Loewenstein, Carnegie Mellon University – Department of Social and Decision Sciences

 

Two Potential Paths Forward from Fragmentation Discourse: Sociology and Ethics

Sahib Singh, University of Vienna, Faculty of Law

 

WTO Law and Risk Factors for Non-Communicable Diseases: A Complex Relationship

Tania Voon, Melbourne Law School

 

Assessing the African Union Concerns about Article 16 of the Rome State of the International Criminal Court

Charles C. Jalloh, University of Pittsburgh – School of Law
Dapo Akande, University of Oxford – Faculty of Law
Max du Plessis, Institute for Security Studies (ISS), University of KwaZulu-Natal – Faculty of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 73: May 16, 2011

ALAN O’NEIL SYKES, EDITOR

Empire and Extraterritoriality in 20th Century America

Kal Raustiala, University of California, Los Angeles (UCLA) – School of Law

 

Indicators in Crisis: Rights-Based Humanitarian Indicators in Post-Earthquake Haiti

Margaret L. Satterthwaite, New York University (NYU) – School of Law

 

The D.C. Circuit After Boumediene

Stephen I. Vladeck, American University – Washington College of Law

 

War Crimes and Misdemeanors: Understanding ‘Zero-Tolerance’ Policing as a Form of Collective Punishment and Human Rights Violation

M. Chris Fabricant, Pace University – School of Law

 

Three Concepts of Dignity in Constitutional Law

Neomi Rao, George Mason University School of Law

 

Climate Justice: Making Sand Castles as the Tide Comes In

Elizabeth Burleson, Florida State University College of Law, London School of Economics

 

Genocide and Restitution: Ensuring Each Group’s Contribution to Humanity

Ana Filipa Vrdoljak, University of Western Australia – Faculty of Law

 

Secession and Tribal Conflicts in Western Sudan (in Arabic)

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

 

The Subjective International Right

Anne Peters, University of Basel – Faculty of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 72: May 13, 2011

ALAN O’NEIL SYKES, EDITOR

Due Diligence Mania

Menno T. Kamminga, Maastricht University – Faculty of Law

 

Enforcing the Rights to Life and Healthy Environment Under International Climate Regime

Saheed A. Alabi, University of Strathclyde Law School, Glasgow

 

Poverty and Support for Militant Politics: Evidence from Pakistan

Graeme Blair, Princeton University
Carol Christine Fair, Georgetown University
Neil A. Malhotra, Stanford Graduate School of Business
Jacob N. Shapiro, Princeton University – Woodrow Wilson School of Public and International Affairs

 

Saving Haiti’s Children from Hell

W. Warren Hill Binford, Willamette University College of Law

 

Political Instability and the End of the Civil War in Sri Lanka: A Swat Analysis

Piyadasa Edirisuriya, Monash University

 

Freakonomics of Maritime Piracy

James Kraska, U.S. Naval War College, Foreign Policy Research Institute (FPRI), Woods Hole Oceanographic Institution – Marine Policy Center, International Institute for Humanitarian Law, Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)

 

Guarding the Historical Record from the Nazi-Era Art Litigation Tumbling Toward the Supreme Court

Jennifer Anglim Kreder, Northern Kentucky University – Salmon P. Chase College of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 71: May 12, 2011

ALAN O’NEIL SYKES, EDITOR

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

 

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

Takele Soboka Bulto, Australian National University

 

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

Tobias Lock, University College London

 

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

Robert Heverly, Albany Law School

 

Moral Reasoning in International Law

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

 

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

Aonghus Heatley, affiliation not provided to SSRN

 

Interest Balancing vs. Fiduciary Duty: Two Models for National Security Law

Evan Fox-Decent, McGill University – Faculty of Law
Evan J. Criddle, Syracuse University College of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 56: May 16, 2011

CHRISTIANA OCHOA, EDITOR

Theories of International Trade and Impacts of Hegemony (in Arabic)

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

 

Bad Problem Getting Worse: Regional Trade Agreements and the Future of the Multilateral Framework on Competition Policy and Law

Kim Them Do, affiliation not provided to SSRN

 

Indicators in Crisis: Rights-Based Humanitarian Indicators in Post-Earthquake Haiti

Margaret L. Satterthwaite, New York University (NYU) – School of Law

 

The Subjective International Right

Anne Peters, University of Basel – Faculty of Law

 

Cross-Dresser with Benefits: The Role of Women in the Military in the U.S. and Israel

Pamela Laufer-Ukeles, University of Dayton – School of Law

 

Hybrid Foreign Entities, Uncertain Domestic Categories: Treaty Interpretation Beyond Familiar Boundaries

Matias Milet, Osler, Hoskin & Harcourt LLP, University of Toronto, Faculty of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 55: May 12, 2011

CHRISTIANA OCHOA, EDITOR

The Transnational Illegal Market of Trafficking in Human Beings – Actors and Discourses: A Transatlantic Comparison

Jürgen Nautz, University of Vienna
Euridice Marquez, University of Vienna

 

Special Court for Sierra Leone: Achieving Justice?

Charles C. Jalloh, University of Pittsburgh – School of Law

 

Corporations and the Uses of Law: International Investment Arbitration as a ‘Multilateral Legal Order’

Peter Muchlinski, University of London – School of Oriental and African Studies (SOAS)

 

Legitimacy and Reflexivity in International Investment Arbitration: A New Self-Restraint?

David Schneiderman, University of Toronto – Faculty of Law

 

State-to-State Espousal of Human Rights Claims

David J. Bederman, Emory University School of Law

 

Where is Asia? When is Asia? Theorizing Comparative Law and International Law

Teemu Ruskola, Emory University School of Law

 

Targeting with Drone Technology: Humanitarian Law Implications

Naureen Shah, Human Rights Institute, Columbia Law School

 

Information Warfare and Civilian Populations: How the Law of War Addresses a Fear of the Unknown

Lucian E. Dervan, Southern Illinois University School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 54: May 11, 2011

CHRISTIANA OCHOA, EDITOR

Contingent Trade Policy and Economic Efficiency

Phillip McCalman, University of California, Santa Cruz – Department of Economics
Frank Staehler, University of Würzburg – Department of Economics, CESifo (Center for Economic Studies and Ifo Institute for Economic Research)
Gerald Willmann, Catholic University of Leuven (KUL), CESifo (Center for Economic Studies and Ifo Institute for Economic Research)

 

Patents and Utility Models

Robert J. Harrison, 24IP Law Group

 

The Universal Declaration of Human Rights is No More than a Wish List of Liberal Western Values

Syed Raza Shah Gilani, Abdul Wali Khan University

 

Contingent Trade Policy and Economic Efficiency

Phillip McCalman, University of California, Santa Cruz – Department of Economics
Frank Staehler, University of Würzburg – Department of Economics, CESifo (Center for Economic Studies and Ifo Institute for Economic Research)
Gerald Willmann, Catholic University of Leuven (KUL), CESifo (Center for Economic Studies and Ifo Institute for Economic Research)

 

Saving Haiti’s Children from Hell

W. Warren Hill Binford, Willamette University College of Law

 

Interest Balancing vs. Fiduciary Duty: Two Models for National Security Law

Evan Fox-Decent, McGill University – Faculty of Law
Evan J. Criddle, Syracuse University College of Law

 

Assessing the African Union Concerns about Article 16 of the Rome State of the International Criminal Court

Charles C. Jalloh, University of Pittsburgh – School of Law
Dapo Akande, University of Oxford – Faculty of Law
Max du Plessis, Institute for Security Studies (ISS), University of KwaZulu-Natal – Faculty of Law

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 21: Apr. 11, 2011

DAVID D. CARON & TSEMING YANG, EDS.

International Environmental Agreements in the Presence of Adaptation

Walid Marrouch, CIRANO, Lebanese American University
Amrita Ray Chaudhuri, Tilburg University – Center and Faculty of Economics and Business Administration, Tilburg Law and Economics Center (TILEC)

 

Emerging National Climate Legislation in EU Member States: In Search of Proper Legislative Approaches

Marjan Peeters, Maastricht University – METRO Institute
Nicolien van der Grijp, VU University Amsterdam

 

Tipping Climate Negotiations

Geoffrey M. Heal, Columbia Business School, National Bureau of Economic Research (NBER)
Howard C. Kunreuther, University of Pennsylvania – The Wharton School – Center for Risk Management, National Bureau of Economic Research (NBER)

 

International Technology Transfer for Climate Policy

David C. Popp, Syracuse University – Department of Public Administration, National Bureau of Economic Research (NBER)

 

Confronting the American Divide on Carbon Emissions Regulation

David Wheeler, Center for Global Development

 

Signaling Environmental Stewardship in Corrupt Societies: The Case of ISO 14001

Daniel Berliner, University of Washington, Seattle
Aseem Prakash, University of Washington – Department of Political Science

 

An Alternative Approach to the Ecological Effects of Mixed Pollution in Eastern Obolo

Kato Gogo Kingston, University of East London, School of Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 43, May 17, 2011

ALAN O’NEIL SYKES, EDITOR

Implications of European Disintegration for International Law

Matthew C. Turk, New York University (NYU)

 

A Comparison of Socially Responsible and Islamic Equity Investments

Federica Miglietta, Università degli Studi di Bari – Dipartimento di Studi Aziendali e Giusprivatistici
Gianfranco Forte, Bocconi University – Department of Business Administration (DEA)

 

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

Junlei Peng, University of Hong Kong – Faculty of Law

 

Earning and Saving Competences of Individuals in a Local Community in Poland

Barbara Liberda, University of Warsaw – Faculty of Economic Sciences, Poland
Magdalena Szymczak, University of Warsaw – Faculty of Economic Sciences

 

De Lege Ferenda Proposal on the International Jurisdiction Rules of the New Romanian Code of Civil Procedure (Propunere de Lege Ferenda Privind Cateva Norme de Competena Internationala Ale Noului Cod de Procedura Civila) (Romanian)

Cosmin Dariescu, Alexandru I. Cuza University of Iasi

 

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

 

FTAs and Safeguard Norms: Their Variation and Compatibility

Won-Mog Choi, affiliation not provided to SSRN

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 42, May 16, 2011

ALAN O’NEIL SYKES, EDITOR

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

 

Enhancing Judicial Reputation Through Legal Transplant – Estoppel Travels to France

Gilles Cuniberti, University of Luxembourg

 

Determinants of Sovereign Wealth Fund Investment in Private Equity

Sofia A. Johan, York University – Schulich School of Business, Tilburg Law and Economics Center (TILEC)
April M. Knill, Florida State University
Nathan Mauck, Florida State University – Department of Finance

 

Australia’s Move to the Plain Packaging of Cigarettes and its WTO Compatibility

Andrew D. Mitchell, Melbourne Law School, Georgetown University Law Center

 

FDI, BITS and the Marginalization of Labour Standards

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

International Investment Law After the Pax Americana: The BOOT on the Other Foot

David Collins, The City Law School of City University London, Institute for Globalisation and International Regulation, Maastricht University

 

Assessing Long-Term Fiscal Developments: Evidence from Portugal

Antonio Afonso, Technical University of Lisbon – ISEG (School of Economics and Management), UECE (Research Unit on Complexity and Economics), European Central Bank (ECB)
Ricardo Magalhaes Sousa, University of Minho, Economic Policies Research Unit (NIPE), London School of Economics & Political Science (LSE) – Financial Markets Group, London School of Economics

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 41, May 16, 2011

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

Indicators in Crisis: Rights-Based Humanitarian Indicators in Post-Earthquake Haiti

Margaret L. Satterthwaite, New York University (NYU) – School of Law

 

Enforcing the Rights to Life and Healthy Environment Under International Climate Regime

Saheed A. Alabi, University of Strathclyde Law School, Glasgow

 

Torture in the Eyes of the Beholder: The Psychological Difficulty of Defining Torture in Law and Policy

Mary-Hunter McDonnell, Northwestern University – Kellogg School of Management, Northwestern University School of Law
Loran Nordgren, Northwestern University – Department of Management & Organizations
George F. Loewenstein, Carnegie Mellon University – Department of Social and Decision Sciences

 

Where is Asia? When is Asia? Theorizing Comparative Law and International Law

Teemu Ruskola, Emory University School of Law

 

Information Warfare and Civilian Populations: How the Law of War Addresses a Fear of the Unknown

Lucian E. Dervan, Southern Illinois University School of Law

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 23: May 18, 2011

DIANE MARIE AMANN, EDITOR

Effects of the 1986 Immigration Reform and Control Act on Crime

Scott Baker, Stanford University – Department of Economics

 

Grafting the Command Responsibility Doctrine Onto Corporate Criminal Liability for Atrocities

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

 

Assessing the African Union Concerns about Article 16 of the Rome State of the International Criminal Court

Charles C. Jalloh, University of Pittsburgh – School of Law
Dapo Akande, University of Oxford – Faculty of Law
Max du Plessis, Institute for Security Studies (ISS), University of KwaZulu-Natal – Faculty of Law

 

William Patrick and ‘Crimes Against Peace’ at the Tokyo Tribunal, 1946-1948

Kirsten Sellars, affiliation not provided to SSRN

 

First Decisions on the Admission of Evidence at ICC Trials – A Blending of Accusatorial and Inquisitorial Models?

Michele Caianiello, University of Bologna – Department of Juridical Sciences

 

Broken Taillight at Sea: The Peacetime International Law of Visit, Board, Search, and Seizure

James Kraska, U.S. Naval War College, Foreign Policy Research Institute (FPRI), Woods Hole Oceanographic Institution – Marine Policy Center, International Institute for Humanitarian Law, Loyola University of Chicago – Inter-University Seminar on Armed Forces and Society (IUS)

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 45: May 17, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

Police Cooperation Across the Irish Border: Familiarity Breeding Contempt for Transparency and Accountability

Dermot P.J. Walsh, affiliation not provided to SSRN

 

Sharing the Group Benefits of a Common Consolidated Corporate Tax Base within Corporate Groups

Matthias Petutschnig, WU Vienna

 

Cartels in the European Union: Procedural Fairness for Defendants and Claimants

David G. Anderson, affiliation not provided to SSRN
Rachel Cuff, affiliation not provided to SSRN

 

Who is the Referee? Access to Justice in a Globalised Legal Order: A Case Analysis of ECJ Judgment C-240/09 Lesoochranárske Zoskupenie of 8 March 2011

Jan H. Jans, University of Groningen – Department of Administrative Law and Public Administration, Faculty of Law

 

EU Criminal Law and the Treaty of Lisbon – Where Shall We Go Now?

Alexandra Horvathova, Central European University (CEU)

 

European Competition Law: The Impact of the Commission’s Guidance on Article 102

Lorenzo Federico Pace, Università degli Studi del Molise – Facolta di Economia

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 44: May 16, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

La Nueva Arquitectura Europea Para la Regulación y Supervisión Financiera (The New European Architecture for Financial Regulation and Supervision)

José Ramón de Hoces, affiliation not provided to SSRN
Guillermo García-Perrote, affiliation not provided to SSRN

 

Is the Board Neutrality Rule Trivial? Amnesia About Corporate Law in European Takeover Regulation

Carsten Gerner-Beuerle, London School of Economics and Political Science
David Kershaw, London School of Economics – Law Department
Matteo Alfredo Solinas, London School of Economics – Law Department

 

Innovation Activities and Competitiveness: Empirical Evidence on the Behaviour of Firms in the New EU Member States and Candidate Countries

Nebojsa Stojcic, University of Dubrovnik, Staffordshire University
Iraj Hashi, Staffordshire University Business School
Shqiponja Telhaj, London School of Economics & Political Science (LSE) – Centre for Economic Performance (CEP), University of Sussex

 

Some Comments on the Dangers of the Hermeneutical Approaches on the Prohibition of Retroactivity in the European System for the Protection of Human Rights

Daniel Andrés Salamanca Pérez, affiliation not provided to SSRN

 

Assessing ‘Good’ Carbon Governance in the European Union and United Kingdom

S. M. Chapman, Cambridge Centre for Climate Change Mitigation Research

……

Canadian Yearbook of International Law, Volume 47, 2009

Articles

  • Pushing the Boundaries: Rethinking International Law in Light of Cosmopolitan Obligations to Developing Countries (GRAHAM MAYEDA) p.3
  • Sommaire and Summary p.54
  • Le traitement jurisprudentiel du trafic de migrants en droit comparé: Un désaveu des dispositions législatives canadiennes (LOUIS-PHILIPPE JANNARD) p.57
  • Summary and Sommaire p.98
  • Where Precision Is the Aim: Locating the Targeted Killing Policies of the United States and Israel within International Humanitarian Law (MICHAEL ELLIOT) p.99
  • Sommaire and Summary p.159
  • Trading Away Women’s Rights: A Feminist Critique of the Canada—Colombia Free Trade Agreement (GREGG ERAUW) p.161
  • Sommaire and Summary p.195
  • The Protracted Bargain: Negotiating the Canada—China Foreign Investment Promotion and Protection Agreement (JUSTIN CARTER) p.197
  • Sommaire and Summary p.259

Notes and Comments / Notes et commentaires

  • Poursuivre le génocide, les crimes contre l’humanité et les crimes de guerre au Canada: Une analyse des éléments des crimes à la lumière de l’affaire Munyaneza (FANNIE LAFONTAINE) p.261
  • Summary and Sommaire p.296
  • Searching for Accountability: The Draft UN International Convention on the Regulation, Oversight, and Monitoring of Private Military and Security Companies (BΕNJAMIN PERRIN) p.299
  • Sommaire and Summary p.316
  • The Definition of Damage Resulting from Transboundary Movements of Living Modified Organisms in Light of the Cartagena Protocol on Biosafety (JUAN-FRANCISCO ESCUDERO ESPINOSA) p.319
  • Sommaire and Summary p.341

Chronique de Droit international économique en 2008 /Digest of International Economic Law in 2008

  • Commerce (RICHARD OUELLET) p.343
  • Le Canada et le système financier international en 2008 (BERNARD COLAS) p.371
  • Investissement (CELINE LEVESQUE) p.385

Canadian Practice in International Law / Pratique canadienne en matiere de droit international

  • At the Department of Foreign Affairs in 2008-9 / Au ministère des Affaires étrangères en 2008-9 (compiled by / préparé par Alan Kessel) p.411
  • Parliamentary Declarations in 2008-9 / Déclarations parlementaires en 2008-9 (compiled by / préparé par Alexandra Logvin) p.449
  • Treaty Action Taken by Canada in 2008 / Mesures prises par le Canada en matière de traités en 2008 (compiled by / préparé par Jaqueline Caron) p.557

Cases / Jurisprudence

  • Canadian Cases in Public International Law in 2008-9 / La jurisprudence canadienne en matière de droit international public e 2008-9 (compiled by / préparé par Gibran van Ert) p.567
  • Canadian Cases in Private International Law in 2008-9 / La jurisprudence canadienne en matière de droit international privé en 2008-9 (compiled by / préparé par Joost Blom) p.607

Book Reviews / Recensions de livres

  • The Human Dimension of International Law: Selected Papers of Antonio Cassese, Edited by Paola Gaeta and Salvatore Zappala (JEAN JACQUES BLAIS) p.643
  • International Criminal Law and Philosophy, Edited by Larry May and Zachary Hoskins (MARGARET MARTIN) p.650
  • The End of Reciprocity: Terror, Torture and the Law of War, By Mark Osiel (CHRISTOPHER K. PENNY) p.657
  • On the Interpretation of Treaties: The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties, By Ulf Linderfalk (RUTH SULLIVAN) p.661
  • The International Law of Investment Claims, By Zachary Douglas (RAAHOOL WATCHMAKER) p.670

……

Irish Yearbook of International Law, Volume 3, 2008

Articles

  • The Lisbon Treaty No-Vote: An Irish Problem or a European Problem? (Gráinne de Burca) p.3
  • Human Rights within Multi-Layered Systems of Constitutional Governance: Rights Cosmopolitanism and Domestic Particularism in Tension (Colm O’Cinneide) p.19
  • Diplomatic Protection of Northern Irish Residents by the Republic of Ireland in Reliance upon the Irish Nationality and Citizenship Act, 1956 (Aonghus Heatley) p.45
  • Representation in the Doctrine of Estoppel in International Law (Killian O’Brien) p.69

Annual Correspondent Reports

  • International Law in Ireland (Fiona de Londras) p.93
  • International Law and Irish Practice Abroad (Claire McHugh) p.107
  • Ireland and the European Union (Catherine Donnelly) p.117
  • Developments in the North-South Bodies (Ursula Kilkelly) p.143
  • Human Rights in the Republic of Ireland (Liam Thornton) p.159
  • Human Rights in Northern Ireland (Brice Dickson) p.181
  • Irish Society of International Law (Colin Smith) p.199

Book Reviews

  • Laurent Pech, The European Union and its Constitution: From the Rome to Lisbon Treaties, 2008; and Stephen Sieberson, Dividing Lines between the European Union and its Member States: the Impact of the Treaty of Lisbon, 2008 (Suzanne Kingston) p.203
  • Catriona Crowe, Ronan Fanning, Michael Kennedy, Dermot Keogh and Eunan O’Halpin, Document’s on Irish Foreign Ρolicy Volume VI, 1939-41, 2008. (Keith Jeffery) p.208
  • Christine Bell, On the Law of Peace—Peace Agreements and the Lex Pacificatοria, 2008. (Illan rua Wall) p.210
  • Michael G Kearney, The Prohibition of Propaganda for War in International Law, 2007. (Shane Darcy) p.214
  • Joost Pauwelyn, Optimal Protection of International Law: Navigating between European Absolutism and American Voluntarism, 2008 (Conor McCarthy) p.219

Document Section

  • Department of Foreign Affairs Annual Report 2008 p.225
  • Department of Foreign Affairs Statement of Strategy 2008-10 p.263
  • Statement by Mr Micheál Martin TD, Minister for Foreign Affairs to the 63rd Session of the General Assembly, United Nations Headquarters, New York, 29 September 2008 p.291
  • Address by HE Mr Paul Kavanagh, Permanent Representative of Ireland to the United Nations, at the United Nations Security Council Debate on’Women, Peace and Security’, 19 June 2008 p.297
  • ‘Responsibility to Protect: From Concept to Implementation’, Address by the Minister of State for Overseas Development at the Department of Foreign Affairs — Mr Peter Power, TD to the Royal Irish Academy Committee for International Affairs Annual Conference, 21 November 2008 p.305
  • Final Document: Diplomatic Conference for the Adoption of a Convention on Cluster Munitions, Dublin 19-30 May 2008 p.311
  • Hunger Task Force: Report to the Government of Ireland, September 2008 p.349
  • Ireland’s future in the European Union: Challenges, Issues and Options: Houses of the Oireachtas Sub-Committee on Ireland’s Future in the European Union, November 2008 p.381
  • Presidency Conclusions of the Brussels European Council, 11 and 12 December 2008; Re: Concerns of the Irish People on the Treaty of Lisbon p.431

Irish Treaty Series — 2008 p.433

……

International & Comparative Law Quarterly

Volume 60 – Issue 02 – 2011

ARTICLES

ARBITRATION IN THREE DIMENSIONS

Jan Paulsson

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 291 – 323

Published online: 12 May 2011

DOI:10.1017/S0020589311000054 (About DOI)

THE EUROPEANIZATION OF THIRD COUNTRY JUDICIARIES THROUGH THE APPLICATION OF THE EU ACQUIS: THE CASES OF RUSSIA AND UKRAINE

Roman Petrov and Paul Kalinichenko

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 325 – 353

Published online: 12 May 2011

DOI:10.1017/S0020589311000066 (About DOI)

THE FUNCTIONS OF TRANSPARENCY IN REGULATING CONTRACT TERMS: UK AND AUSTRALIAN APPROACHES

CHRIS WILLETT

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 355 – 385

Published online: 12 May 2011

DOI:10.1017/S0020589311000108 (About DOI)

Abstract

POSTMODERN INTERNATIONAL FISHERIES LAW, OR WE ARE ALL COASTAL STATES NOW

Andrew Serdy

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 387 – 422

Published online: 12 May 2011

DOI:10.1017/S002058931100008X (About DOI)

INTERNATIONAL LAW, PEACE AGREEMENTS AND SELF-DETERMINATION: THE CASE OF THE SUDAN

Scott P Sheeran

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 423 – 458

Published online: 12 May 2011

DOI:10.1017/S0020589311000091 (About DOI)

SHORTER ARTICLES

DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE?

Siobhán Mullally

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 459 – 484

Published online: 12 May 2011

DOI:10.1017/S0020589311000042 (About DOI)

NATIONAL COURT INTERVENTION IN ARBITRATION AS AN INVESTMENT TREATY CLAIM

Richard Garnett

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 485 – 498

Published online: 12 May 2011

DOI:10.1017/S0020589311000030 (About DOI)

THE CANCUN CLIMATE AGREEMENTS: READING THE TEXT, SUBTEXT AND TEA LEAVES

Lavanya Rajamani

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 499 – 519

Published online: 12 May 2011

DOI:10.1017/S0020589311000078 (About DOI)

EUROPEAN UNION LAW

I. REFORM OR REVOLUTION? THE FINANCIAL CRISIS, EU FINANCIAL MARKETS LAW, AND THE EUROPEAN SECURITIES AND MARKETS AUTHORITY

Niamh Moloney

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 521 – 533

Published online: 12 May 2011

DOI:10.1017/S0020589311000145 (About DOI)

II. THE PROMOTION OF INVESTMENTS IN NEW MARKETS IN ELECTRONIC COMMUNICATIONS AND THE ROLE OF NATIONAL REGULATORY AUTHORITIES AFTER COMMISSION V GERMANY

Marek Szydło

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 533 – 545

Published online: 12 May 2011

DOI:10.1017/S0020589311000182 (About DOI)

III. THE NEGATIVE IMPLICATIONS OF EU PRIVILEGE LAW UNDERAKZO NOBEL AT HOME AND ABROAD

Justine N Stefanelli

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 545 – 556

Published online: 12 May 2011

DOI:10.1017/S0020589311000170 (About DOI)

PRIVATE INTERNATIONAL LAW

I. CLARIFYING THE ‘PHILOSOPHY OF ARTICLE 15’ IN THE BRUSSELS I REGULATION: C-585/08 PETER PAMMER V REEDERE KARL SCHLUTER GMBH & CO AND C-144/09 HOTEL ALPENHOF GESMBH V OLIVER HELLER

Lorna Gillies

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 557 – 564

Published online: 12 May 2011

DOI:10.1017/S002058931100011X (About DOI)

BOOK REVIEWS

The Relationship Between State and Individual Responsibility for International Crimes by Beatrice I Bonafè [Martinus Nijhoff Publishers, Leiden, 2009, 284 pp, ISBN 978-90-04-17331-6, $106 (h/bk)]

preview

Paul David Mora

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 565 – 566

Published online: 12 May 2011

DOI:10.1017/S0020589311000133 (About DOI)

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement by Michelle T Grando [Oxford University Press, Oxford, 2009, 350 pp, ISBN 978-0-19-957264-9; £70 (h/bk)]

Stephen Mason

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 566 – 568

Published online: 12 May 2011

DOI:10.1017/S0020589311000121 (About DOI)

The WTO Agreement on Safeguards by Andrew Sykes [Oxford University Press, Oxford, 2006, 392 pp, ISBN 978-0-19-927740-7 £94.95 (h/bk)]

Luca Rubini

International and Comparative Law Quarterly / Volume 60 / Issue 02, pp 568 – 569

Published online: 12 May 2011

DOI:10.1017/S0020589311000157 (About DOI)

……

Virgina Journal of International Law

VOLUME 51 :: No. 4

ARTICLES

Counterfeiting as an Externality Imposed by Multinational Companies on Developing Countries

by Daniel Chow ~ May 01, 2011

+ SHOW SYNOPSISREAD MORE   |   VIEW PDF

The ICSID Effect? Considering Potential Variations in Arbitration Awards

by Susan D. Franck ~ May 01, 2011

+ SHOW SYNOPSISREAD MORE   |   VIEW PDF

Foreign Official Immunity Determinations in U.S. Courts: The Case Against the State Department

by Ingrid Wuerth ~ May 01, 2011

+ SHOW SYNOPSISREAD MORE   |   VIEW PDF

ESSAYS

Nonstate Actor Participation in International Law and the Pretense of Exclusion

by Jordan J. Paust ~ May 01, 2011

READ MORE   |   VIEW PDF

NOTES

Stabilizing the Role of Umbrella Clauses in Bilateral Investment Treaties: Intent, Reliance, and Internationalization

by Jonathan B. Potts ~ May 01, 2011

READ MORE   |   VIEW PDF

Extraterritoriality and the Unique Analogy Between Multinational Antitrust and Securities Fraud Claims

by Erica Siegmund ~ May 01, 2011

READ MORE   |   VIEW PDF

……

Nordic Journal of International Law, Volume 80, Number 2, 2011

  • The Notion of Criminal Penalty and the Lex Mitior Principle in the Scoppola v. Italy Case (Baumbach, Trine) p.125-142
  • Progressing Norm Socialisation: Why Membership Matters. The Impact of the Accreditation Process of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (Brodie, Meg) p.143-192
  • The Lawful Detention of Unauthorised Aliens under the European System for the Protection of Human Rights (Bryan, Ian; Langford, Peter) p.193-218
  • Relationship of GATT Article XX Exceptions to Other WTO Agreements (Ngangjoh-Hodu, Yenkong) p.219-234

……

Journal of Conflict and Security Law

Volume 16 Issue 1 Spring 2011

Articles

Masahiko Asada

The Treaty on the Non-Proliferation of Nuclear Weapons and the Universalization of the Additional Protocol

J Conflict Security Law (2011) 16(1): 3-34 doi:10.1093/jcsl/krr007

Abstract

Eki Yemisi Omorogbe

Can the African Union Deliver Peace and Security?

J Conflict Security Law (2011) 16(1): 35-62 doi:10.1093/jcsl/krr001

Abstract

Róisín Burke

Status of Forces Deployed on UN Peacekeeping Operations: Jurisdictional Immunity

J Conflict Security Law (2011) 16(1): 63-104 doi:10.1093/jcsl/krq022

Abstract

Théo Boutruche

Credible Fact-Finding and Allegations of International Humanitarian Law Violations: Challenges in Theory and Practice

J Conflict Security Law (2011) 16(1): 105-140 doi:10.1093/jcsl/krq027

Abstract

Constantin von der Groeben

The Conflict in Colombia and the Relationship between Humanitarian Law and Human Rights Law in Practice: Analysis of the New Operational Law of the Colombian Armed Forces

J Conflict Security Law (2011) 16(1): 141-164 doi:10.1093/jcsl/krr004

Abstract

Matthew Saul

Local Ownership of Post-Conflict Reconstruction in International Law: The Initiation of International Involvement

J Conflict Security Law (2011) 16(1): 165-206 doi:10.1093/jcsl/krq023

Abstract

Book Reviews

Hadassa A. Noorda

Noam Lubell, Extraterritorial Use of Force against Non-State Actors

J Conflict Security Law (2011) 16(1): 207-212 doi:10.1093/jcsl/krr002

Extract

Ademola Abass

Ulf Engel and Joao Gomes Porto (eds), Africa’s New Peace and Security Architecture: Promoting Norms, Institutionalizing Solution.

J Conflict Security Law (2011) 16(1): 212-217 doi:10.1093/jcsl/krq024

Extract

Marco Odello

Emily Crawford, The Treatment of Combatants and Insurgents under the Law of Armed Conflict

J Conflict Security Law (2011) 16(1): 217-222 doi:10.1093/jcsl/krr003

Extract

……

Human Rights Quarterly

Volume 33, Number 2, May 2011

Articles

Minority Rights: A Major Misconception?

Bas de Gaay Fortman

pp. 265-303

HTML Version |  PDF Version (470k) |  Summary

The Right of Everyone to Enjoy the Benefits of Scientific Progress and the Right to Food: From Conflict to Complementarity

Olivier De Schutter

pp. 304-350

HTML Version |  PDF Version (459k) |  Summary

On the Indivisibility and Interdependence of Basic Rights in Developing Countries

Lanse Minkler
Shawna Sweeney

pp. 351-396

HTML Version |  PDF Version (410k) |  Summary

A Note from Bosnia and Herzegovina: Leading a Displaced Life

Inela Selimović

pp. 397-201

HTML Version |  PDF Version (582k) |  Summary

The Way Home: Peaceful Return of Victims of Ethnic Cleansing

Djordje Stefanovic
Neophytos Loizides

pp. 408-430

HTML Version |  PDF Version (395k) |  Summary

Finding Shame in Truth: The Importance of Public Engagement in Truth Commissions

Julie M. Mazzei

pp. 431-452

HTML Version |  PDF Version (272k) |  Summary

Bearing Witness: Poetry, Prison Discourse, and Communal Struggles in Human Rights Education

Simeon O. Ilesanmi

pp. 453-480

HTML Version |  PDF Version (285k) |  Summary

Human Rights Education: Ideology, Location, and Approaches

Monisha Bajaj

pp. 481-508

HTML Version |  PDF Version (368k) |  Summary

Book Reviews

Human Rights and Southern Realities

Tamara Relis

pp. 509-551

HTML Version |  PDF Version (463k) |  Summary

Crossing with the Virgin: Stories from the Migrant Trail (review)

Carol Jane Hall Van Nostrand

pp. 552-563

HTML Version |  PDF Version (217k) |  Summary

Decolonization and the Evolution of International Human Rights (review)

Petra Goedde

pp. 563-566

HTML Version |  PDF Version (164k) |  Summary

The Sins of the Nation and the Ritual of Apologies (review)

Mark Gibney

pp. 566-568

HTML Version |  PDF Version (155k) |  Summary

Can Globalization Promote Human Rights? (review)

Mahmood Monshipouri

pp. 568-575

HTML Version |  PDF Version (194k) |  Summary

The ILO and the Quest for Social Justice, 1919-2009 (review)

Clement Tsao

pp. 575-577

HTML Version |  PDF Version (158k) |  Summary

Appendices

A letter to my colleagues, students, and readers of Human Rights Quarterly

Richard Pierre Claude

pp. 578-585

HTML Version |  PDF Version (937k) |  Summary

Obituary of Christopher Kevin Boyle

Nigel Rodley

pp. 586-588

HTML Version |  PDF Version (128k) |  Summary

……

Brigham Young University International Law & Management Review, Volume 7, Winter 2010

  • Constraints of the Agreement on South Asian Free Trade Area and SAARC Agreement on Trade in Services Militating Against Sub-Regional Trade Proliferation in South Asia (Md. Rizwanul Islam) p.1
  • Flexible Arbitration for the Developing World: Piero Foresti and the Future of Bilateral Investment Treaties in the Global South (Andrew Friedman) p.37
  • American Antitrust Jurisprudence Applied to European Commission v. Intel (Paul Jones) p.52
  • A Study on the Development of a Global Community from a Legal Perspective (Han, Sung-Soo) p.71

……

The Law and Practice of International Courts and Tribunals

Volume 10, Number 1, 2011

The ILA Hague Principles on Ethical Standards for Counsel Appearing before International Courts and Tribunals
pp. 1-5(5)
Author: Sands, Philippe

The Hague Principles on Ethical Standards for Counsel Appearing before International Courts and Tribunals
pp. 6-15(10)

Commentary on the Hague Principles on Ethical Standards for Counsel Appearing before International Courts and Tribunals
pp. 17-23(7)
Author: Kazazi, Mojtaba

The Hague vs. Burgh House
pp. 25-29(5)
Author: Cot, Jean-Pierre

International Judges and Experts’ Impartiality and the Problem of Past Declarations
pp. 31-66(36)
Authors: Mégret, Frédéric

Problems of Ethical Standards for Representatives before ICSID Tribunals
pp. 67-134(68)
Author: Sarvarian, Arman

Procedural Developments at the International Court of Justice
pp. 135-203(69)
Author: Quintana, Juan J.

Evidence before the International Court of Justice
pp. 205-210(6)
Author: Brown, Chester

……

Asian Journal of WTO & International Health Law and Policy, Volume 6, Number 1, March 2011

  • Navigating the Global Health Terrain: Mapping Global Health Diplomacy (David P. Fidler) p.1
  • The Future of the WTO: From Authoritarian “Mercantilism” to Multilevel Governance for the Benefit of Citizens? (Ernst-Ulrich Petersmann) p.45
  • FTAs and Safeguard Norms: Their Variation and Compatibility (Won-Mog Choi) p.81
  • Trade Liberalisation in Asia: Why Intra-Asian Free Trade Agreements Are Not Utilised by the Business Community (Bryan Mercurio) p.109
  • Elephant in the Room: Challenges of Integrating China into the WTO System (Henry Gao) p.137
  • The Duty to Settle in WTO Dispute Settlement (Chios Carmody) p.169
  • Doha Round Negotiations on Subsidy and Countervailing Measures: Potential Implications on Trade Flows in Fishery Sector (Debashis Chakraborty, Julien Chaisse & Animesh Kumar) p.201
  • Risk and Ethical Governance of Nano-Convergence Technology: An Initial Comparison of the Technological Impact Assessment Between South Korea and Taiwan (Kuei-Tien Chou & Hwa-Meei Liou) p.235

……

War Crimes, Genocide & Crimes Against Humanity, Volume 4, Number 1, 2010

  • Torture in the Law of the Fifty American States: Searching for Definition (Ronald L. Nelson)
  • Financial, Territorial, and Moral Reparations for the 1915 Armenian Massacres (George S. Yacoubian, Jr.)
  • Dalits, the “Oppressed People” of India: How are Their Social, Economic, and Human Rights Addressed? (Sesha Kethineni, Gail Diane Humiston)

……

SUR – International Journal on Human Rights, Number 12, June 2010

Foreword (Salil Shetty) p.6

  • The Effectiveness of the Inter-American System of Human Rights Protection: A Quantitative Approach to its Functioning and Compliance With its Decisions (Fernando Basch, Leonardo Filippini, Ana ….) p.9
  • The Commonwealth of Nations: Intergovernmental and Nongovernmental Strategies for the Protection of Human Rights in a Post-colonial Association (Richard Bourne) p.37

MILLENNIUM DEVELOPMENT GOALS

  • Combating Exclusion: Why Human Rights Are Essential for the MDGs – Amnesty International p.55
  • Reflections on the Role of the United Nations Permanent Forum on Indigenous Issues in relation to the Millennium Development Goals (Victoria Tauli-Corpuz) p.79
  • Toward Transformative Accountability: Applying a Rights-based Approach to Fulfill Maternal Health Obligations (Alicia Ely Yamin) p.95
  • Millennium Development Goal 6 and the Right to Health: Conflictual or Complementary? (Sarah Zaidi) p.123
  • Climate Change and the Millennium Development Goals: The Right to Development, International Cooperation and the Clean Development Mechanism (Marcos A. Orellana) p.145

CORPORATE ACCOUNTABILITY

  • Aliens, Apartheid and US Courts: Is the Right of Apartheid Victims to Claim Reparations from Multinational Corporations at last Recognized? (Lindiwe Knutson) p.173
  • The Ruggie Framework: An Adequate Rubric for Corporate Human Rights Obligations? (David Bilchitz) p.199

……

National Taiwan University Law Review, Volume 6, Number 1, March 2011

Roundtable

  • The Significance of International Human Rights for Criminal Procedure (STEFAN TRECHSEL) p.178
  • Canada’s Human Rights System and the International Covenants (WILLIAM W. BLACK) p.209
  • Symposium – Benchmarking Development of the Rule of Law in Asia
  • Reflections on the Rule of Law in China (Frank K. Upham) p.251
  • The Rule of Law under “One Country, Two Systems”: The Case of Hong Kong 1997-2010 (Albert H.Y. Chen) p.269
  • The Rule of Law in the Republic of Korea (Eun-Young Park) p.301
  • Legal Interpretation and the Vietnamese Version of the Rule of Law (Bui Thi Bich Lien) p.321
  • Challenging Authoritarianism through Law: Potentials and Limit (Fu Hualing) p.339
  • Rule of Law and the Criminal Justice Reform in Japan (Kazuko Ito) p.367
  • Transplant of Civil Code in Japan, Taiwan, and China: With the Focus of Legal Evolution (Tsung-Fu Chen) p.389

……

University of Pennsylvania Journal of Law and Social Change, Volume 14, Number 1, 2011

  • CURRENCY OF LOVE: CUSTOMARY INTERNATIONAL LAW AND THE BATTLE FOR SAME-SEX MARRIAGE IN THE UNITED STATES (SONIA BYCHKOV GREEN) p.53
  • WE REAP WHAT WE SOW: USING POST-DISASTER DEVELOPMENT PARADIGMS TO REVERSE STRUCTURAL DETERMINIST FRAMEWORKS AND EMPOWER SMALL FARMERS IN MISSISSIPPI AND HAITI (MICHÈLE ALEXANDRE) p.135
  • ISLAMAPHOBIA, NEO-ORIENTALISM, AND THE SPECTER OF JIHAD: PROBLEMS FACING MUSLIM LITIGANTS IN U.S. COURTS (AGATHA KOPROWSKI) p.183

……

Minnesota Law Review, Volume 95, Number 4, April 2011

  • The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law (David Weissbrodt and Nathaniel H. Nesbitt) p.1339

……

IP Law Book Review, Volume 1, Number 1, June 2010

  • HUMAN RIGHTS AND THE WTO: THE CASE OF PATENTS AND ACCESS TO MEDICINES, by Holger Hestermeyer (Reviewed by Andrew W. Torrance)

……

European Journal of Risk Regulation, Issue 1, 2011

SYMPOSIUM ON REGULATORY REFORM IN THE EU AND THE US

  • Humanizing Cost-Benefit Analysis (Cass R. Sunstein) p.3
  • Smart Regulation: The European Commission’s Updated Strategy (Helen McColm) p.9
  • A Brief Comment on “Humanizing Cost-Benefit Analysis” (Michael A. Livermore) p.13
  • On the Smartness of Smart Regulation—A Brief Comment on the Future Reform Agenda (Lorenzo Allio) p.19
  • ARTICLES
  • Regulating Catastrophic Risks by Standards (Marta Simoncini) p.37
  • Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies (Johannes Saurer) p.51

CASE NOTES

  • How Deep Should We Go?—Searching for an Appropriate Standard of Review in the SPS Cases (Lukasz Grusczynski) p.111
  • Supplementary Protection Certificates for Plant Protection Products and Provisional Marketing Authorization: The ECJ’s Decision in Lovells v. Bayer (Enrico Bonadio) p.115
  • (Re)evolution of the Test of Urgency for Interim Relief before the EU General Court—The Case of “Innocuous” Napropamide (Camilla Buchanan) p.119
  • The Carmen Media Case—The Expected Catalyst from Brussels for a New Approach to German Gambling Law? (Gerald Spindler, Wulf Hambach and Bernd Berberich) p.135

BOOK REVIEW

  • Zander: The Application of the Precautionary Principle in Practice: Comparative Dimensions (Alessandra Arcuri) p.143

……

American Review of International Arbitration, Volume 21, Numbers 1-4, 2010

  • INTRODUCTION (Jennifer Smith) p.1

ARTICLES

  • Symposium: Arbitration and National Courts: Conflict and Cooperation
  • THE CHANGING RELATION OF NATIONAL COURTS AND INTERNATIONAL COMMERCIAL ARBITRATION (W. Michael Reisman and Heide Iravani) p.5
  • UNDERSTANDING (ΛΝD MISUNDERSTANDING) “PRIMARY JURISDICTION” (Alan Scott Rau) p.47
  • INJUNCTIONS IN FAVOR OF ΛΝD AGAINST ARBITRATION (Dominique T. Hascher) p.189
  • THE SECOND LOOK DOCTRINE: THE EUROPEAN PERSPECTIVE (Pierre Mayer) p.201
  • SOVEREIGN IMMUNITY AS A BARRIER TO THE ENFORCEMENT OF INVESTOR-STATE ARBITRAL AWARDS: THE RE-POLITICIZATION OF INTERNATIONAL INVESTMENT DISPUTES (Andrea K. Bjorklund) p.211
  • THE ARBITRATOR’S MISSION AND TIlE APPLICATION OF LAW IN INTERNATIONAL COMMERCIAL ARBITRATION (W. Laurence Craig) p.243
  • ARBITRATION AND THE ROLE OF LAW (Sir Anthony Evans) p.295

KEYNOTE LUNCHEON PRESENTATIONS

  • ARBITRATORS AND THE COURTS (Lord Leonard H. Hoffmann) p.307
  • REPRESENTATION OF STATE PARTIES IN INVESTMENT ARBITRATION (Mariano Gomezperalta Casali) p.315
  • GENERAL COUNSEL’S FORUM p.321

……

International Review of Constitutionalism, Volume 10, Number 1, 2010

  • THE DEVELOPMENT OF HUMAN RIGHTS AMONG UNIVERSALITY, CULTURAL DIVERSITY AND COMMUNITIES RIGHTS (Giancarlo Rolla, Eleonora Ceccherini) p.45
  • RIGHT TO KNOW IS RIGHT TO LIBERTY (M.Amir-U1 Islam) p.91
  • HUMAN RIGHTS AND RIGHTS OF POLITICAL PARTICIPATION (Maria Lúcia Amaral) p.111

……

Villanova Environmental Law Journal, Volume 22, Number 1, 2011

COMMENTS

  • LETTING A HUNDRED TRANSGENIC FLOWERS BLOSSOM: THE FUTURE OF GENETICALLY MODIFIED AGRICULTURE IN THE PEOPLE’S REPUBLIC OF CHINA (Michael DeBona) p.89
  • WHERE SHOULD HAITIANS GO? WHY “ENVIRONMENTAL REFUGEES” ARE UP THE CREEK WITHOUT A PADDLE (Amanda A. Doran) p.117

……

Animal Law, Volume 17, Number 1, 2010

  • LEGAL PERSONHOOD AND THE NONHUMAN RIGHTS PROJECT (Steven M. Wise) p.1

……

Nordic Journal of Commercial Law, Number 2, 2010

  • Liberating Intelligent Machines with Financial Instruments (Anniina Huttunen, Jakke Kulovesi, Willia….)
  • TRIPS Agreement and Economic Development: Implications and Challenges for Least-Developed Countries like Bangladesh (Mohammad Towhidul Islam)
  • Original Medicine Patents and Human Rights – Should People Die for Lack of Medicines? (Pekka Riekkinen)
  • Application and the Interpretation of the CISG in Finnish Case Law 1997–2005 (Sanna Tohka)

……

Global Governance: A Review of Multilateralism and International Organizations, Volume 17, Number 2, April-June 2011

  • SPECIAL ISSUE: The Governance of Extractive Resources – Gilles Carbonnier, guest editor
  • Introduction: The Global and Local Governance of Extractive Resources (Gilles Carbonnier) p.135
  • Global Insights
  • Contractual Arrangements and Revenue Management: The UK/Scotland and Norwegian Experience (Paul Stevens) p.149
  • Does Corporate Social Responsibility Make a Difference? (Christine Batruch) p.155
  • Chinese Responses to Good Energy Governance (Xiaojie Xu) p.161
  • Articles
  • Is There Really a Resource Curse? A Critical Survey of Theory and Evidence (Jonathan Di John) p.167
  • Property Rights and the Resource Curse (Peter Schaber) p.185
  • The Resource Curse: A Legal Perspective (Jorge E. Viñuales) p.197
  • Price and Revenue Volatility: What Policy Options and Role for the State? (Giacomo Luciani) p.213
  • Betting on Oil: The World Bank’s Attempt to Promote Accountability in Chad (Matthew S. Winters and John A. Gould) p.229
  • Global and Local Policy Responses to the Resource Trap (Gilles Carbonnier, Fritz Brugger, and Jana Krause) p.247
  • Breaking the Conflict Trap? Addressing the Resource Curse in Peace Processes (Achim Wennmann) p.265

……

European Journal of Law Reform, Volume 12, Issue 1/2, 2010

  • Good Governance (Ulrich Karpen) p.16-31

……

Adelaide Law Review, Volume 31, Number 2, 2010

  • A Century of Jumbunna–Interpretive Principles and International Law (Michael Kirby) p.143
  • Quo Vadis Europe? The EU Treaty Reforms, Human Rights, Rule of Law and the Fight Against Terrorism (Eibe Riedel) p.241

……

Journal of International Banking Law and Regulation, Volume 26, Issue 4, 2011

  • Setting International Regulatory Standards for Hedge Funds: Part III (RHYS BOLLEN) p.174

……

International Society of Barristers Quarterly, Volume 45, Number 2, April 2010

  • The Hamdan Constitutional Challenge to Executive Power and the First War-Crimes Trial of a Guantanamo Detainee (Brian L. Mizer & Harry H. Schneider, Jr.) p.11

……

Journal of the Institute of Justice and International Studies, Number 10, 2010

  • THE EFFECTS OF PERCEPTIONS OF PREPAREDNESS AND PREVENTION ON THE FEAR OF FUTURE TERRORIST ATTACKS (Patrick R. Gartin) p.45
  • CAN JUST WAR THEORY SURVIVE THE WAR ON TERROR? (Hamner Hill) p.77
  • FAITH AND CULTURE IN THE MIDDLE EAST: A ROAD TO HEAVEN OR A CATALYST FOR CRISIS (Tseggai Isaac) p.87
  • THE FINANCING OF TERRORISM (Jeffery M. Johnson & Carl Jensen) p.103
  • RAPE AND WARFARE: ITS IMPACT ON FEMALE BODY—THE CASE OF THE DEMOCRATIC REPUBLIC OF CONGO (Drocella Mwisha Rwanika) p.117

……

Nanotechnology Law & Business, Volume 7, Number 3, Fall 2010

  • Protecting Nanotechnology Inventions: Prosecuting in an Unpredictable World (Jeffrey K. Mills, Jason A. Fitzsimmons, and Kevin Rodkey) p.223

……

Sydney Law Review, Volume 32, Number 3, September 2010

Book review

  • Making People illegal: What Globalization Means For Migration And Law (Alison Kesby) p.575

……

Army Lawyer, February 2011

  • Something More Than a Three-Hour Tour: Rules for Detention and Treatment of Persons at Sea on U.S. Naval Warships (Major Winston G. McMillan) p.31

Book Reviews

  • The Secrets of Abu Ghraib Revealed: American Soldiers on Trial (Reviewed by Major Eric J. Lawless) p.58

……

Carbon & Climate Law Review, 2010, Number 4

ARTICLES

  • Thematic Focus: Africa
  • After the World Cup: Programmatic CDM Kicks Off in South Africa (Rutger de Witt Wijnen and Sander Simonetti) p.321
  • The Influence of Chinese Climate Policy & Law on Africa (Christopher Tung) p.334
  • The Impact of Energy Sector Reforms on Clean Development Mechanism Renewable Energy Projects in Kenya (Tom Owino and Tom Morton) p.345
  • IBI Bateke Carbon Sink Plantation: An African Forestry Pilot Case (Olivier Mushiete and Amy Merrill) p.351
  • How Construction Standards Can Reduce Carbon Emissions: An African Case Study (Rowland Keable) p.357
  • General Article
  • Health in Global Climate Change Law: The Long Road to an Effective Legal Regime Protecting both Public Health and the Climate (William Onzivu) p.364

……

Environmental Law, Volume 41, Number 1, Winter 2011

  • What Climate Change Can Do About Tort Law (Douglas A. Kysar) p.1
  • The Curious Case of Greening in Carbon Markets (William Boyd & James Salzman) p.73
  • Global Climate Governance to Enhance Biodiversity and Well-Being: Integrating Non-State Networks and Public International Law in Tropical Forests (Andrew Long) p.95

……

Rabels Zeitschrift fuer auslaendisches und internationales Privatrecht, Volume 75, Number 2, April 2011

  • Zwölfte Ernst-Rabel-Vorlesung, 2010
  • The General Principles of EU Law and Private Law (Hartkamp, Arthur S.) p.241-259
  • Aufsätze
  • Strukturelle Schwächen in der Europäisierung des Privatrechts Eine Prozessanalyse der jüngeren Entwicklungen (Walter Doralt, Von) p.260-285
  • Abolition of Exequatur Addressing the Commission’s Concerns (Cuniberti, Gilles; Rueda, Isabelle) p.286-316
  • Die Falschübermittlung durch den Erklärungsboten: Zwischen Erklärungsirrtum und Stellvertretung ohne Vertretungsmacht (Arndt Kiehnle, Von) p.317-352
  • The Incorrect Communication of a Message by the Messenger – Between Error in Expression and Representation without Authority p.352
  • Comparative Analysis in Judicial Decision-Making: The Australian Experience (Kiefel, Susan) p.354-370
  • Stellungnahmen des Instituts
  • Policy Options for Progress Towards a European Contract Law Comments on the issues raised in the Green Paper from the Commission of 1 July 2010, COM(2010) 348 final p.371-438

……

Review of Central and East European Law, Volume 36, Number 1, 2011

  • Islamic Banking in Kazakhstan Law (Maggs, Peter B.) p.1-32
  • When a Constitutional Amendment Violates the “Substantive Core”: The Czech Constitutional Court’s September 2009 Early Elections Decision (Williams, Kieran) p.33-51
  • Nationalism and Politics of the Past: The Cases of Kosovo and Abkhazia (Harzl, Benedikt C.) p.53-77
  • Federalism, Power, and the North: Governmental Reforms in Russia and Canada (Oversloot, Hans) p.79-81
  • Judicial Cooperation in Civil Matters with Russia and Methods of Evaluation (Nystén-Haarala, Soili) p.83-85

……

International Journal of Marine and Coastal Law, Volume 26, Number 2, 2011

  • Non-Participation in the Fish Stocks Agreement: Status and Reasons (Molenaar, E.J.) p.195-234
  • Maritime Enforcement of United Nations Security Council Resolutions: Use of Force and Coercive Measures (Zou, Keyuan) p.235-261
  • Implementing a New Regime of Stable Maritime Zones to Ensure the (Economic) Survival of Small Island States Threatened by Sea-Level Rise (Stoutenburg, Jenny Grote) p.263-311
  • Establishment of the Outer Limits of the Continental Shelf: Is Crossing Boundaries Trespassing? (Kunoy, Bjørn) p.313-334
  • Current Legal Developments International Court of Justice (Hamid, Abdul Ghafur) p.335-342
  • Current Legal Developments UN Security Council (Barnes, Richard) p.343-353

……

International Journal of Marine and Coastal Law, Volume 26, Number 1, 2011

  • In Memoriam Shabtai Rosenne (24 November 1917-21 September 2010) (Kwiatkowska, Barbara) p.1-3
  • Protection of Cetaceans in European Waters—A Case Study on Bottom-Set Gillnet Fisheries within Marine Protected Areas (Proelss, Alexander; Krivickaite, Monika;….) p.5-45
  • Bilateral Delimitation of the Caspian Sea and the Exclusion of Third Parties (Bantekas, Ilias) p.47-58
  • Legal Implementation of Integrated Ocean Policies: The EU’s Marine Strategy Framework Directive (Markus, Till; Schlacke, Sabine; Maier, Nina) p.59-90
  • The Anglo-Spanish Dispute over the Waters of Gibraltar and the Tripartite Forum of Dialogue (García, Inmaculada González) p.91-117
  • A Marine Biodiversity Project in the South China Sea: Joint Efforts Made in the SCS Workshop Process (Song, Yann-huei) p.119-149
  • Current Legal Developments The Barents Sea (Jensen, Øystein) p.151-168
  • Current Legal Developments International Court of Justice (Plakokefalos, Ilias) p.169-183
  • Current Legal Developments London Convention and London Protocol (Verlaan, Philomène) p.185-194

……

International Organizations Law Review, Volume 7, Number 2, 2010

  • Do International Organizations have Reputations? (Johnstone, Ian) p.235-239
  • Armed Attack against the Military Force of an International Organization and Use of Force in Self-Defence by a Troop-Contributing State: A Tentative Legal Assessment of an Unlikely Scenario (Palchetti, Paolo) p.241-260
  • From Advisory Opinions to Binding Decisions: The new Appeal Mechanism of the Un system of Administration of Justice (Vargiu, Paolo) p.261-275
  • An essay on the Accountability of International Organizations (Parish, Matthew) p.277-342
  • How to Tame the Elusive: Lessons from the Revision of the EU Flexibility Clause (Engström, Viljam) p.343-373
  • Policing Interpol: The Commission for the Control of Interpol’s Files and the Right to a Remedy (Ling, Cheah Wui) p.375-404
  • Collaborating with the United nations: Does Flexibility Imply Informality? (Fromageau, Edouard) p.405-439
  • The Links between the Responsibility of International Organizations and the Quest towards a More Reasonable and Humane International Legal system (Carrillo, Nicolás) p.441-453

……

International Organizations Law Review, Volume 7, Number 1, 2010

  • Moving Beyond the Autonomy-Accountability Dichotomy: Reflections on Institutional Independence in the International Legal Order (Collins, Richard; White, Nigel D.) p.1-8
  • Amsterdam Center for International Law – Introduction to the symposium on Responsibility of International Organizations and of (Member) states: Attributed or Direct Responsibility or Both? (Kuijper, Pieter Jan) p.9-33
  • Abuse of the Members: Questions concerning Draft Article 16 of the Draft Articles on Responsibility of International Organizations (Blokker, Niels) p.35-48
  • Responsibility of a Member state of an International Organization: Where Will It End? Comments on Article 60 of the ILC Draft on the Responsibility of International Organizations (Paasivirta, Esa) p.49-61
  • Aid or Assistance and Direction and Control between states and International Organizations in the Commission of Internationally Wrongful Acts (Reinisch, August) p.63-77
  • Immunity of International Organizations in Post-conflict International Administrations (De Brabandere, Eric) p.79-119
  • The Immunity of International Organizations Before Domestic Courts: Recent trends (Ryngaert, Cedric) p.121-148
  • Beyond Chapter VIII: Limits and Opportunities for Regional Representation at the UN security Council (Drieskens, Edith) p.149-169
  • The Forms of International Institutional Law: An Historical Analysis of the scheduling Decisions of Narcotic Drugs and Psychotropic substances taken by the United Nations’ Commission on Narcotics Drugs (Corte, Cristián Gimenez) p.171-221
  • Institutionalisiertes Völkerrecht (Klabbers, Jan) p.223-226
  • Admission to the United Nations: Charter Article 4 and the Rise of Universal Organization (Klabbers, Jan) p.227-230
  • An Introduction the Law of the United Nations (Klabbers, Jan) p.231-234

……

Journal for European Environmental & Planning Law, Volume 8, Number 1, January 2011

  • Contributors p.1-2
  • Pharmaceuticals in the Water Cycle Mechanisms for the Regulation of Environmentally Harmful Pharmaceutical Substances (Kern, Katharina) p.3-22
  • Public Waste Management Services in the Internal Market – and the Interpretation of Article 106 TFEU (Reese, Moritz; Koch, Hans-Joachim) p.23-45
  • A Critical Comparison of the Main Compensation Mechanism for Victims of Natural Catastrophes in Belgium and the Netherlands. With a Law and Economics Twist (Bruggeman, Véronique) p.46-61
  • Private Bodies as Public Authorities under International, European, English and German Environmental Information Laws (Schomerus, Thomas; Bünger, Dirk) p.62-81
  • The Programme of Measures of the Water Framework Directive – More than just a Formal Compliance Tool (Baaner, Lasse) p.82-100
  • Recent Developments EC Environmental Policy and Law (Mertens, Kathleen) p.103-110

……

International Criminal Law Review, Volume 11, Number 2, 2011

  • The Role of the Victim in the Criminal Process – A Paradigm Shift in National German and International Law? (Safferling, Christoph) p.183-215
  • The Evolution of International Criminal Law: Prosecuting ‘New’ Crimes before the Special Court for Sierra Leone (Wharton, Sara) p.217-239
  • Transitional Justice, Truth and Reconciliation: An Under-Explored Relationship (Clark, Janine Natalya) p.241-261
  • The Therapeutic Dimension of Transitional Justice: Emotional Repair and Victim Satisfaction in International Trials and Truth Commissions (Doak, Jonathan) p.263-298
  • For Further Research on the Relationship between Cultural Diversity and International Criminal Law (Raimondo, Fabián O.) p.299-314
  • Judicial Discretion in ECCC Decisions on Pre-trial Detention against the Backdrop of the Case-law of the International Criminal Tribunals (Starygin, Stan) p.315-358
  • Selecting International Judges: Principle, Process, and Politics (McAuliffe, Padraig) p.359-364

……

International Journal of Children’s Rights, Volume 19, Number 1, 2011

  • Editorial (Freeman, Michael) p.1-2
  • Children’s rights in and out of the womb (Cornock, Marc; Montgomery, Heather) p.3-19
  • Children’s Rights, Paternal Power and Fiduciary Duty: From Roman law to the Supreme Court of Canada (McGillivray, Anne) p.21-54
  • International Child Sex Tourism: Enhancing the Legal Response in South East Asia (Johnson, Afrooz Kaviani) p.55-79
  • Theorising Rights-based Restorative Justice: The Canadian Context (Moore, Shannon A.; Mitchell, Richard C.) p.81-105
  • Participation in Healthcare: the Views and Experiences of Children and Young People (Kilkelly, Ursula; Donnelly, Mary) p.107-125
  • From Rapists to Superpredators: what the practice of capital punishment says about race, rights and the American child (Linde, Robyn) p.127-150

……

Air & Space Law, Volume 36, Number 2, 2011

  • Editorial (Pablo Mendes de Leon) p.97-98
  • The Montreal Convention 1999 and the Decisions of the ECJ in the Cases of IATA and Sturgeon – in Harmony or Discord? (Robert Lawson, Tim Marland) p.99-108
  • Sovereignty and the Chicago Convention: English Court of Appeal Rules on the Northern Cyprus Question (Mark Franklin) p.109-116
  • Metal Neutrality and the Nation-Bound Airline Industry (Paul V. Mifsud) p.117-130
  • The Concorde Accident Criminal Trial in France (Sean Gates, Maud Marian) p.131-138
  • Satellite Financing through Hosted Payloads: Benefits and Challenges (Maria Buzdugan) p.139-160
  • UAV’s: Their Integration into Non-segregated Airspace (Stefan A. Kaiser) p.161-172
  • Report on the 22nd Annual Conference of the EALA (Francesco Fiorilli) p.173-179
  • Coming Events p.181

……

Hanse Law Review, Volume 6, Number 2, December 2010

  • European Product Safety, Internal Market Policy and the New Approach to Technical Harmonisation and Standards – Reissued (Gert Brüggemeier, Josef Falke, Christian….) p.109
  • The “Traditional” Law Approximation Policy Approaches to Removing Technical Barriers to Trade and Efforts at a “Horizontal” European Product Safety Policy (Josef Falke and Christian Joerges) p.239
  • The New Approach to Technical Harmonization and Standards, its Preparation through ECJ Case Law on Articles 30, 36 EEC and the Low-Voltage Directive, and the Clarification of its Operating Environment by the Single European Act (Josef Falke and Christian Joerges) p.289
  • The Need to Supplement the New Approach to Technical Harmonization and Standards by a Coherent European Product Safety Policy (Christian Joerges and Hans-W. Micklitz) p.351
  • Completing the New Approach through a European Product Safety Policy (Christian Joerges and Hans-W. Micklitz) p.383

……

Hanse Law Review, Volume 6, Number 1, August 2010

  • The Role of the European Court of Justice in the Integration Process: A Contemporary and Normative Assessment (Henri de Waele) p.3
  • Comparative Law / Rechtsvergleichung
  • Mitarbeiterbeteiligungsmodelle als Folge eigentumsrechtlicher Entwicklungen in der Volksrepublik China – Eine Analyse zur Übertragbarkeit deutscher Theoriemodelle der Mitarbeiterbeteiligung auf die Volksrepublik China (Tobias Fürniß) p.29
  • Die US-amerikanische Reverse Mortgage – Zur Übertragbarkeit der umgekehrten Hypothek ins deutsche Recht (Jens Richter) p.39
  • International Law / Völkerrecht
  • Unilateral Treaty? Nuclear Tests Cases Revisited (Amos O. Enabulele) p.53
  • Case Review / Urteilsbesprechung
  • Krzysztof Peśla gegen Justizministerium Mecklenburg-Vorpommern (EuGH C-345/08) – Keine weitere Integration der europäischen Juristenausbildung? (Tobias Pinkel) p.73

……

Canadian Journal of Law and Society / Revue Canadienne Droit et Société, Volume 26, Number 1, 2011

  • A Company with Sovereignty and Subjects of Its Own? The Case of the Hudson’s Bay Company, 1670–1763 (Edward Cavanagh) p.25-50
  • Le droit international humanitaire protège-t-il assez la dignité des femmes? L’exemple du conflit israélo-palestinien (Katy Sakina Frattina) p.51-67
  • Regulating Indian and Chinese Civic Identities In British Columbia’s “Colonial Contact Zone,” 1858–1887 (Reginald Good) p.69-88
  • Légitimité des normes environnementales dans la gestion locale de la forêt à Madagascar (Marie-Hélène Bérard) p.89-111

……

Transnational Legal Theory, Volume 1, Number 4, December 2010

  • The Dual Foundation of Universal Jurisdiction: Towards a Jurisprudence for the ‘Court of Critique’ (Mann, Itamar) p.485-521
  • Civilising Globalism: Transnational Norm-Building Networks as a Lever of the Emerging Global Legal Order? (Mückenberger, Ulrich) p.523-573
  • Legality’s Frontier (Waluchow, W.J.) p.575-585
  • Integration and Function: Taming Governance in the EU? (Kahn-Nisser, Sarah; Palombella, Gianluigi) p.587-595
  • The Law of Laws (Eleftheriadis, Pavlos) p.597-618
  • Locating the Limits of Negotiation: Islam, Human Rights, and Citizenship (Al-Hakim, Mohamad) p.619-626
  • Critical Notice: A Liberal Theory of International Justice (Boran, Idil) p.627-637
  • What’s New, and What’s Different? On the Republican Contribution to Political Theory (Laborde, Cécile) p.639-644
  • Adapting to Climate Change (Richardson, Benjamin J.) p.645-650

……

European Labour Law Journal, 2010, Number 3

  • The ILO Maritime Labour Convention 2006: An example of innovative normative consolidation in a globalized sector (A. Charbonneau, P. Chaumette) p.332
  • Effective enforcement of occupational health and safety regulation: An economic approach (Faure, L. Tilindyte) p.346
  • Constitutional principles and horizontal effect: Kücükdeveci revisited (D. Schiek) p.368
  • The Bernard-case and training compensation in professional football (F. Hendrickx) p.380
  • A french reading of directive 2008/104 on temporary agency work (S. Robin-olivier) p.398
  • A twist of the equality logic: The directive on working conditions for temporary agency workers and dutch law (J. Grapperhaus) p.406
  • Temporary agency work directive and its transposition in Spain (A. Guaman) p.414
  • The regulation of temporary agency work in Sweden and the impact of the (2008/104/EC) directive (M. Rönnmar) p.422

IV. Blogs/reviews/comment (select items)

Erika Rosenthal, Arctic Council Must Take Lead in Urging World Action on Climate Change, Earthjustice (18 May 2011)

Kenneth Anderson, Washington Post Article on Stealth Drone Used in OBL Surveillance, Volokh Conspiracy (May 18, 2011)

Dapo Akande, Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?, EJIL: Talk! (May 18, 2011)

Mark Kersten, A Few Things Worth A Watch and a Read: Terrorism and IL, bin Laden’s Death and Justice(s), Justice in Conflict (May 18, 2011)

Lynsay Gott, Undocumented Migrants Have Rights To, IntLawGrrls (May 18, 2011)

Heather L. Weaver, Debunking the Mythical “Sharia Threat” to Our Judicial System, Blog of Rights (ACLU) (May 17, 2011)

Greg Wannier, Examining (and Questioning) Proposals for a New Convention for Climate Displaced Peoples, Climate Law Blog (May 17, 2011)

Chimene Keitner, Why Has DSK Not Yet Asserted Immunity? Because He Can’t, Opino Juris (May 17, 2011)

Eveline van Trigt, A Licence to Kill? The assassination of Osama Bin Laden: Has the USA gone too far in acting as a policeman or was the raid justified?, Peace Palace Library (May 17, 2011)

Lisa R. Pruitt, Development in India: A Capabilities Based-Assessment, IntLawGrrls (May 17, 2011)

Mark Kersten, Gaddafi Regime Decries Uneven Justice – and They are Right, Justice in Conflict (May 17, 2011)

Stanford Law Library, Blogging by Chinese Judges, Law Library Blog (May 17, 2011)

Dianne Marie Amman, Warrants Sought Against Gaddafi + 2, IntLawGrrls (May 16, 2011)(also Human Rights Now, Hague Justice Portal, International Criminal Law Bureau)

Jed Rubenfeld, U.S. Justified in Killing Osama Bin Laden, LA Times (May 16, 2011)

Kirk Herbertson, World Bank v. World Bank: Protecting Safeguards in a Modern International Insitution, World Resources Institute (May 16, 2011)

J. Ramos-Horta, Why Timor-Leste Should Join ASEAN now, East Asia Forum (May 16, 2011)

Melina Pardon, What a Week! – Human Rights Roundup, UK Human Rights Blog (May 16, 2011)

Peter Drysdale, Osama Bin Laden, Pakistan and the United States, East Asia Forum (May 16, 2011)

Mark Kersten, ICC to Seek Arrest Warrant for Gaddafi Tomorrow: Some Thoughts on What it Means (Updated), Justice in Conflict (May 15, 2011)

Michael W. Lewis, The Boundaries of the Battlefield, Opinio Juris (May 15, 2011)

Carolyn Patty Blum, 2d Round Nears in Salvadoran Removal Case, IntLawGrrls (May 15, 2011)

Duncan Hollis, What Kind of Diplomatic Immunity Does the IMF Managing Director Have?, Opinio Juris (May 15, 2011)

MJIL, Melbourne Journal of International Law, Vol. 11-2: Opinio Juris Online Symposium, Opinio Juris (May 15, 2011)

Emily J. Martin, Do You Know CEDAW? You Should, Global Rights Forum (May 14, 2011)

David Crane, Legal Arithmetic: Adding Up the Legality of Operation Geronimo, Jurist Forum (May 14, 2011)

Gentian Zyberi, Heading for a Temple of Preah Vihear Bis (Cambodia v. Thailand)?, International Law Observer (May 14, 2011)

William A. Schabas, Déjà vu All over Again, PhD Studies in Human Rights (14 May 2011)

William A. Schabas, More on Bin Laden Murder, PhD Studies in Human Rights (14 May 2011)

William A. Schabas, Asylum Claim Witness at International Criminal Court, PhD Studies in Human Rights (14 May 2011)

Samuel Moyn, The “New Yorker” and the Law of War, Humanity (May 13, 2011)

Kevin Jon Heller, Who Needs International Lawyers When We Have Ilya Somin?, Opinio Juris (May 13, 2011)

Ilya Somin, Admiral Yamamoto and the Justification of Targeted Killing, The Volokh Conspiracy (May 13, 2011)

Robert Haddock, This Week at War: Send in the Lawyers?, Small Wars (Foreign Policy)(May 13, 2011)

Suzanne Ito, Listen to Sen. McCain: Torture Does Not Work, Blog of Rights (ACLU)(May 13, 2011)

Dov Jacobs and Yannick Radi, Waiting for Godot: An Analysis of the ICJ Kosovo Advisory Opinion, EJIL: Talk! (May 13, 2011)

Cindy Galway Buys, New Treaty Aimed Specifically at Combating Violence Against Women, International Law Prof Blog (May 13, 2011)

Evan A. Feigenbaum, Time for a US-India Investment Treaty, East Asia Forum (May 13, 2011)

Stijn Smet, Freedom of Expression and the Right to Reputation: Human Rights in Conflict, Inforrm’s Blog (May 13, 2011)

Lisa Speer, Arctic Meeting Ends with Mixed Results, NRDC SwitchBoard (May 12, 2011)

John Collins Rudolph, On Our Radar: Nations Race to “Carve Up” Arctic, Green (May 12, 2011)

Benjamin Wittes, The Emerging Law of Detention 2.0, Lawfare (May 12, 2011)

David Cole, Guantánamo After Bin Laden, NYRBlog (New York Review of Books)(May 12, 2011)

Nick Young, Wikileaks Reveals Arctic Could Be the New Cold War, Making Waves (Greenpeace)(May 12, 2011)

Library of Congress, Cambodia/Thailand: Indonesia Offers Assistance Toward Resolving Border Dispute, Global Legal Monitor (May 11, 2011)

UN Watch, Its Official: Shamed Assad Pulls Syria Out of UN Race, UN Watch (May 11, 2011)

David Shulman, Goldstone and Gaza: What’s Still True, NYRBlog (New York Review of Books)(April 28, 2011)

V. Gray Literature (select items)

Silvia Borelli, Towards a Less Secular Europe? The Decision of the Grand Chamber of the European Court of Human Rights in Lautsi v. Italy, ASIL Insight (May 12, 2011)

UNEP International Resource Panel, Decoupling: Natural Resource Use and Environmental Impacts from Economic Growth (12 May 2011)

Louise Arbour, The Rise and Fall of International Human Rights (27 Apr 2011)(William A. Schabas, PhD Studies in Human Rights)

Massimo Frigo and edited by Róisín Pillay, Migration and International Human Rights Law, International Commission of Jurists (2011)

UNCTAD, Who Is Benefitting From Trade Liberalization? A Gender Perspective (2011)

VI. Podcasts/Videos

C-SPAN, Wilson Center Discussion on Congress, the U.N. and the War Powers Act, C-SPAN.org (May 16, 2011)

C-SPAN, AEI Discussion on CIA Interrogations and the bin Laden Operation, C-SPAN.org (May 16, 2011)

Global Ethics Corner, Bin Laden’s Death, Carnegie Council (May 13, 2011)

CTM, Ieng Sary Appeal, Cambodia Trial Monitor (May 4, 2011)

VII. Documents/Negotiations/Practice

Journal of the United Nations

Human Rights Council, Report of the United Nations High Commissioner for Human Rights on the question of the realization in all countries of economic, social and cultural rights, U.N. Doc. A/HRC/17/24 (21 March 2011)

The 7th Arctic Council Ministerial Meeting, Nuuk, Greenland, Arctic Council (12 May 2011)

United Nations, Fourth United Nations Conference on the Least Developed Countries Istanbul, Turkey, 9-13 May 2011, Draft report of the Fourth United Nations Conference on the Least Developed Countries, U.N. Doc. A/CONF.219/L.2 (12 May 2011)

United Nations, Fourth United Nations Conference on the Least Developed Countries Istanbul, Turkey 9-13 May 2011, Programme of Action for the Least Developed Countries for the Decade 2011-2020, U.N. Doc. A/CONF.219/3 (11 May 2011)

Economic and Social Council, Commission on Sustainable Development, Nineteenth session

14 May 2010 and 2-13 May 2011, Draft Report, Rapporteur: Mr. Silvano Vergara Vásquez (Panama), U.N. Doc. E/CN.17/2011/L.2 (11 May 2011)

VIII. Press Releases/Newsletters (select items)

International Criminal Court, Statement of ICC Prosecutor, Press Conference on Libya (16 May 2011)

American Society of International Law, IL.post (May 13, 2011)

Arctic Council, Arctic Council Ministers Sign Agreement in Nuuk, Arctic Council Secretariat (12 May 2011)

ICTSD, Bridges Weekly Trade Digest, Vol. 15, No. 17 (11 May 2011)

IX. Media (select sources/select items)

A. News Aggregators

UN Daily News

United Nations Foundation, UN WIRE

Foreign Policy, Passport (Morning Brief)

Jurist Paper Chase

AllAfrica.com

 

B. International News Sources

C. A Narrow Selection of Stories

Chained by Untamed [International Banking Regulation], The Economist (12 May 2011)(Kenneth Anderson, Volokh Conspiracy)

The following list of links on the bin Laden raid, was posted on the Peace Palace Library Blog by Eveline van Trigt on May 13, 2011.  The post itself seems to have disappeared, but its vestiges remain in the blog’s RSS feed.  Here are the links (many of which have already appeared in the Digest):

UPDATE: – The post (as updated) appeared on the Peace Palace Library blog on May 17, 2011: A Licence to Kill? The assassination of Osama Bin Laden: Has the USA gone too far in acting as a policeman or was the raid justified?


* 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.

Leave a comment

Filed under Uncategorized

Leave a Reply

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

WordPress.com Logo

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

Twitter picture

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

Facebook photo

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

Google+ photo

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

Connecting to %s