Anton’s Weekly Digest of International Law, Vol. 2, No. 29 (28 July 2011)

Anton’s Weekly Digest of
International Law

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

Vol. 2, No. 28
(21 July 2011)

A PDF VERSION OF THIS ISSUE OF THE DIGEST IS HERE

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Contents

I. SSRN Legal Scholarship Network/bepress Legal Repository/NELLCO Legal Scholarship Repository/Publishers Advances
II. Books
III. Journals
IV. Cases
V. Blogs/Comment/Review (select items)
VI. Podcasts/Videos
VII. Documents/Negotiations
VIII. Media (select items)

 

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

Najman Alexander Aizenstatd
Universidad Rafael Landivar
Date Posted: July 27, 2011

INDEPENDENCE, ACCOUNTABILITY, AND THE JUDICIARY: THE BRITISH INSTITUTE OF INTERNATIONAL AND COMPARITIVE LAW, pp. 419-429, G. Canivet, M. Andenas, D. Fairgrieve, eds.
Tom Barkhuysen and Michiel L. van Emmerik
Leiden University – Leiden Law School and affiliation not provided to SSRN
Date Posted: July 27, 2011

Den Haag, THE LEGITIMACY OF HIGHEST COURTS RULING, pp. 437-449, N.J.H. Huls, ed., T.M.C. Asser Press, 2009
Tom Barkhuysen and Michiel L. van Emmerik
Leiden University – Leiden Law School and affiliation not provided to SSRN
Date Posted: July 27, 2011

HUMAN RIGHTS LITIGATION AND THE DOMESTICATION OF INTERNATIONAL HUMAN RIGHTS STANDARDS IN AFRICA, pp. 134-167, Rachel Murray, ed., 2009
Takele Soboka Bulto
Australian National University

Date Posted: July 27, 2011

Arbitration International, Vol. 27, 2011
Andrew D. Mitchell and Sebastian M. Wurzberger
Melbourne Law School and affiliation not provided to SSRN
Date Posted: July 27, 2011

Fordham International Law Journal, Forthcoming
Joseph C. Hansen
University of Minnesota – Twin Cities – School of Law
Date Posted: July 27, 2011

SOAS School of Law Research Paper No. 06/2011
Fatima Ahmad , Suraj Girijashanker and Mariam Kemple
SOAS, University of London , University of London, School of Oriental & African Studies – School of Law and University of London, School of Oriental & African Studies – School of Law
Date Posted: July 27, 2011

The Human Rights Quarterly, Vol. 33, pp. 201-228, 2011
Surya Subedi
University of Leeds – Faculty of Education, Social Sciences and Law
Date Posted: July 26, 2011

The Netherlands International Law Review, Vol. 53, No. 2, pp. 273-296, Autumn 2006
Surya Subedi
University of Leeds – Faculty of Education, Social Sciences and Law
Date Posted: July 26, 2011

The International Journal of Human Rights, Vol. 15, No. 2, pp. 155-161, 2011
Surya Subedi , Steven M. Wheatley , Amrita Mukherjee and Sylvia Ntube Ngane
University of Leeds – Faculty of Education, Social Sciences and Law , University of Leeds , University of Leeds and University of Leeds
Date Posted: July 26, 2011

MAX PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW, Oxford University Press, 2009
Surya Subedi
University of Leeds – Faculty of Education, Social Sciences and Law
Date Posted: July 26, 2011

B.E. Journal of Economic Analysis and Policy, 2010
Louis Kaplow , Elisabeth Moyer and David A. Weisbach
Harvard Law School , University of Chicago – Division of Physical Sciences and University of Chicago – Law School
Date Posted: July 26, 2011

Shaun D. Ledgerwood
The Brattle Group
Date Posted: July 25, 2011

German Yearbook of International Law, Vol. 53, pp. 623-725, 2010
Anne Peters
University of Basel – Faculty of Law
Date Posted: July 25, 2011

Columbia Law Review, Vol. 111, No. 7, 2011
Christopher A. Whytock and Cassandra Burke Robertson
University of California, Irvine, School of Law and Case Western Reserve University – School of Law
Date Posted: July 25, 2011

Netherlands Quarterly of Human Rights, Vol. 29, No. 1, pp. 13-53, March 2011
Noel G. Villaroman
Monash University – Faculty of Law
Date Posted: July 25, 2011

International Law Association Study Group on the Role of Soft Law Instruments in International Investment Law, July 17, 2011
Moshe Hirsch
Hebrew University of Jerusalem – Faculty of Law
Date Posted: July 25, 2011

Human Rights Brief, Vol. 17, No. 3, pp. 2-9, Spring 2010
Noel G. Villaroman
Monash University – Faculty of Law
Date Posted: July 25, 2011

Thomas Obel Hansen
United States International University – Nairobi
Date Posted: July 25, 2011, Last Revised: July 26, 2011

Journal of Human Rights, Vol. 9, No. 4, pp. 487-501, November 2010
Noel G. Villaroman
Monash University – Faculty of Law
Date Posted: July 25, 2011

U. of St. Gallen Law & Economics Working Paper No. 2011-10
Anne van Aaken and Tobias A. Lehmann
University of St. Gallen – Law Department and affiliation not provided to SSRN
Date Posted: July 24, 2011

Lewis & Clark Law School Legal Studies Research Paper
John T. Parry
Lewis & Clark Law School
Date Posted: July 24, 2011

AFRICAN SEXUALITIES: A READER, Sylvia Tamale, ed., Pambazuka Press, 2011, Buffalo Legal Studies Research Paper No. 2012-006
Makau W. Mutua
State University of New York at Buffalo Law School
Date Posted: July 24, 2011

Journal of Arab Arbitration, Vol. 16, pp. 166-181, June 2011
Nader M. Ibrahim
Arab Academy for Science, Technology & Maritime Transport – College of International Transport and Logistics
Date Posted: July 23, 2011, Last Revised: July 27, 2011

Intercultural Human Rights Law Review, Vol 6, pp. 43-85, 2011, Georgia State University College of Law, Legal Studies Research Paper
Jonathan Todres
Georgia State University College of Law
Date Posted: July 23, 2011

Trade, Law and Development, Vol. 2, No. 2, pp. 195-223, 2010
Bryan Christopher Mercurio and Dianna Shao
Chinese University of Hong Kong – Faculty of Law and affiliation not provided to SSRN
Date Posted: July 23, 2011

Emory International Law Review, Vol. 25, No. 1, 2011
John D. Haskell
University of London, School of Oriental and African Studies (SOAS)
Date Posted: July 23, 2011

Graduate Institute of International and Development Studies, 1992
Giovanni Distefano
University of Neuchatel – Faculty of Law
Date Posted: July 23, 2011

Oxford Student Legal Studies Paper No. 3/2011
Eirik Bjorge and Mads Andenas
University of Oxford – Corpus Christi College and University of Oslo – Faculty of Law
Date Posted: July 23, 2011

Jindal Global Law Review, Forthcoming
Anuradha R.V.
affiliation not provided to SSRN
Date Posted: July 23, 2011

German Law Journal, Forthcoming
John D. Haskell
University of London, School of Oriental and African Studies (SOAS)
Date Posted: July 23, 2011

ICRIER Policy Series, Forthcoming
Anuradha R.V.
affiliation not provided to SSRN
Date Posted: July 23, 2011

Benjamin Perrin, INVISIBLE CHAINS: CANADA’S UNDERGROUND WORLD OF HUMAN TRAFFICKING, Viking Canada, September 2010
Benjamin Perrin
University of British Columbia
Date Posted: July 23, 2011

Universal Journal of Arbitration, Vol. 3, No. 10, pp. 526-545, April 2011
Nader M. Ibrahim
Arab Academy for Science, Technology & Maritime Transport – College of International Transport and Logistics
Date Posted: July 23, 2011

Public Law Review, Vol. 22, pp. 97-112, 2011
Luke Beck
affiliation not provided to SSRN
Date Posted: July 23, 2011

Legal Issues of Economic Integration, Vol. 38, No. 2, pp. 189-197, 2011
Claude Chase
affiliation not provided to SSRN
Date Posted: July 22, 2011, Last Revised: July 23, 2011

Revista Forumul Judecatorilor, No. 2, p. 104, 2009
Cristina Ben-Ezra
affiliation not provided to SSRN
Date Posted: July 22, 2011

Revista Forumul Judecatorilor, Vol. 1, p. 172, 2009
Simona Kovacs
affiliation not provided to SSRN
Date Posted: July 22, 2011

Revista Forumul Judecatorilor, No. 3, p. 51, 2009
Alexandru Stefan Predescu
affiliation not provided to SSRN
Date Posted: July 22, 2011

Butterworths Journal of International Banking and Financial Law 395, Vol. 26, No. 7, 2011
Look Chan Ho
Freshfields Bruckhaus Deringer LLP
Date Posted: July 22, 2011

Janis P. Sarra, ANNUAL REVIEW OF INSOLVANCY LAW 2010, Vol. 1, pp. 247-297, Carswell, 2011
Janis P. Sarra
UBC Faculty of Law
Date Posted: July 22, 2011

John C. Richardson
JMR Portfolio Intelligence
Date Posted: July 22, 2011

Revista Forumul Judecatorilor, No. 1, p. 118, 2009
Gabriel Caian
affiliation not provided to SSRN
Date Posted: July 22, 2011

Revista Forumul Judecatorilor, No. 4, p. 135, 2009
Lucian-Cosmin Manoloiu
affiliation not provided to SSRN
Date Posted: July 22, 2011

FRB International Finance Discussion Paper
Daniel E. Nolle
Office of the Comptroller of the Currency
Date Posted: July 22, 2011

JAMA, Vol. 306, No. 2, p. 200, July 13, 2011, Georgetown Public Law Research Paper No. 11-102, Georgetown Law and Economics Research Paper No. 11-14
David P. Fidler and Lawrence O. Gostin
Indiana University Maurer School of Law and Georgetown University Law Center – O’Neill Institute for National and Global Health Law
Date Posted: July 22, 2011

Pace Environmental Law (PELR) Review, Vol. 28, No. 2, 2011
James Salzman
Duke University – School of Law
Date Posted: July 22, 2011

CITIZENS, CITIES AND VIDEO SURVEILLANCE: TOWARDS A DEMOCRATIC AND RESPONSIBLE USE OF CCTV, Paris: European Forum for Urban Security, 2010
Benjamin J. Goold
UBC Faculty of Law
Date Posted: July 22, 2011

Competition Law Review, Vol. 7, No. 1, pp. 105-127, December 2010
Julian Nowag
University of Oxford – Faculty of Law
Date Posted: July 22, 2011

Journal of International Humanitarian Legal Studies, 2011, Forthcoming
Dug Cubie
University College Cork
Date Posted: July 21, 2011

Avrom Sherr
University of London – Institute of Advanced Legal Studies
Date Posted: July 21, 2011

Perspectives on Federalism, Vol. 3, No. 1, pp. 51-77, 2011
Giuseppe Martinico
Centro de Estudios Politicos y Constitucionales, Madrid
Date Posted: July 21, 2011

Revista Forumul Judecatorilor No. 1/2010
Gabriela Calbureanu
affiliation not provided to SSRN
Date Posted: July 21, 2011

Jean-Paul Faguet
London School of Economics
Date Posted: July 21, 2011

International Legal Materials, Vol. 50, No. 4, 2011
Bart M.J. Szewczyk
George Washington University Law School
Date Posted: July 21, 2011

TRANSITIONS, Austin Sarat, ed., 2011, University of Alabama Public Law Research Paper No. 1890688
Meredith Render
The University of Alabama School of Law
Date Posted: July 21, 2011

German Law Journal, Vol. 10, No. 5, pp. 537-560, 2009
Giulio Itzcovich
University of Brescia
Date Posted: July 21, 2011

Matthew J. Wilson
University of Wyoming – College of Law
Date Posted: July 20, 2011

LAW AND DEVELOPMENT PERSPECTIVE ON INTERNATIONAL TRADE LAW, Y.S. Lee, Tomer Broude, Won-Mog Choi, Gary Horlick, eds., Cambridge University Press, 2011
Moshe Hirsch
Hebrew University of Jerusalem – Faculty of Law
Date Posted: July 20, 2011

Abu Dhabi, NINETEENTH INTERNATIONAL CONFERENCE OF THE FACULTY OF LAW, UNIVERSITY OF THE UNITED ARAB EMIRATES: INVESTMENT RULES UNDER THE NATIONAL LEGISLATIONS AND THE INTERNATIONAL AGREEMENTS AND THEIR IMPACT ON THE ECONOMIC DEVELOPMENT IN THE UNITED ARAB EMIRATES, UAE National University Press, 201
Giovanni Distefano
University of Neuchatel – Faculty of Law
Date Posted: July 20, 2011

International Environmental Agreements: Politics, Law and Economics, published online 22 July 2011
Emanuele Massetti
Date Posted: 22 July 2011

 

II. Books

Humanity’s Law

(Oxford Univ. Press, July 2011)

Ruti G. Teitel

In Humanity’s Law, renowned legal scholar Ruti Teitel presents an incisive, well-substantiated analysis of a recent sea-change in international human-rights law. She argues that post-Cold War history has witnessed a key transformation: the normative emphasis of the international legal order has been shifting from state security to human security–the security of persons and peoples. Increasingly, courts, tribunals, other international bodies, and political actors draw from this new framework to assess the rights and wrongs of conflict; determine whether and how to intervene; and impose accountability and responsibility. The result is the new law of humanity–which spans the law of war, international-human-rights law, and international criminal justice. Humanity law’s framework, Teitel suggests, is most evident in the jurisprudence of the tribunals–international, regional and domestic–that now adjudicate disputes spanning issues of internal and international conflict and security. Yet because most international legal scholarship focuses on individual regimes or tribunals, it has been easy to miss the evolution of this new jurisprudence connecting the rulings of diverse tribunals and institutions. This jurisprudence’s influence is apt to be profound. Its trend is to expand rights and responsibilities to encompass wider circles of conduct; sweep in additional actors within conflicts; increase states’ legal responsibilities, including for the behavior of non-state actors; and exhibit less deference to states’ traditional sovereign prerogatives–all in order to serve the overriding goal of protecting persons and peoples. Human-rights violations that could, in the past, have occurred with impunity, are subject to an enforceable, growing body of humanity law. Teitel offers examples from Europe, North America, South America, and Africa, so that readers seeking a nuanced understanding of the law applicable to modern human-rights conflicts around the globe, and the way that law is likely to develop, will find Humanity’s Law a deeply satisfying account.

……

Multinational Enterprises And Human Rights: Obligations Under EU Law and International Law
(Edward Elgar, 2011)
Alexandra Gatto

This well-researched book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date.

……

Human Rights In Asia
(Edward Elgar, 2011)
Edited by Thomas W.D. Davis and Brian Galligan

‘Asia – in all its robust variety – is a hotbed of human rights controversy and conflict. It also harbours great potential and promise to improve the standards of human rights enjoyed by its peoples. This tremendously readable and insightful collection of essays shirks neither perspective, employing an impressive array of political, economic, cultural and legal arguments as to how to exploit the good and counteract the bad.’ – David Kinley, University of Sydney, Australia

……

Vulnerable And Marginalised Groups And Human Rights
(Edward Elgar, 2011)
Edited by David Weissbrodt & Mary Rumsey

This insightful volume addresses human rights from the perspective of those groups whose rights are especially vulnerable to abuse, with particular reference to stateless or internally-displaced persons, linguistic, cultural and sexual minorities and disabled people.

……

Intellectual Property, Agriculture And Global Food Security: The Privatization of Crop Diversity
(Edward Elgar, 2011)
Claudio Chiarolla

This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security. Claudio Chiarolla analyses developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals’ framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared. This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies.

……

The Transformation of International Environmental Law

(Pedone / Hart Publishing 2011)

Yann Kerbrat and Sandrine Maljean-Dubois

Faced with environmental challenges which are becoming more serious, urgent, and global, international law has emerged as an essential instrument for state cooperation and an influential element in the harmonization and revitalization of domestic laws. At the same time international law has had to adapt; law-making has become more innovative and fresh mechanisms for implementation have been created. Over the last thirty years international environmental law has therefore experienced significant normative and institutional change. The authors of the present book set out to emphasize these changes, showing how environmental challenges have shaken and sometimes transformed the core categories and concepts of international law. Thus, in addition to being a book about environmental law, this is a work which also charts the way in which international protection of the environment has disrupted general international law. This book is the fruit of a longstanding collaborative project carried out at the Centre for International and European Studies and Research (CERIC). The publication in May 2010 of the French version of the proceedings of an international symposium held under the aegis of the French Society for International Law in Aix-en-Provence in June 2009 drew the first conclusions: Le droit face aux enjeux environnementaux, (Paris, Pedone, 2010). The present book takes them up partly and extends the lessons learned, this time in English.

……

AAA Yearbook on Arbitration and the Law – 23rd Edition

(Juris Publishing, August 2011)

Stephen K. Huber and Ben H. Sheppard, Jr., Editors

For this work, editors Stephen K. Huber and Ben H. Sheppard, Jr. and the University of Houston Law Center collaborate with the American Arbitration Association (AAA), to revive the tradition of publishing an annual survey of important developments in arbitration and the law. Initially published as the “AAA General Counsel’s Annual Report” and later as “ADR & the Law,” the annual survey has not been published since 2007. The Yearbook will once again be produced on an annual basis. The AAA Yearbook on Arbitration and the Law provides arbitrators and busy practitioners a practical, relevant and readily accessible resource, organized into two parts: Part One contains digests of important decisions of the United States Supreme Court, the United States court of appeals and state supreme courts. This volume includes digests of selected judicial decisions from 2007 through 2009, and is current through October 1, 2010. The book contains 130 case digests, together with citations and descriptive cross-references to more than 400 related decisions. Recognizing the important role of arbitration in the global economy, there is a separate chapter containing digests and cross-references to cases dealing with the unique issues presented in international arbitrations. Part Two consists of articles that address a wide range of timely and important arbitration topics, including a comprehensive report on the extraordinary range of services that the AAA provides and a detailed overview of the international activities of the AAA/ICDR, including a report on the successful implementation of the ICDR’s pre-arbitral emergency arbitrator procedure, the first such procedure to be adopted by any arbitral institution as a standard part of its rules.

 ……

´L´eau en droit international

(Colloque d´Orléans, Paris, Pedone, 2011)

The present book is a combination of classic and modern international law perspective, on different (and sensitive) issues related to water, from international rivers and basins approach, ICJ jurisprudence, and case studes like Niger Basin, Mekong an others,  to new kind of conflicts related to water, including items like water services and corruption (pp. 245-267), or ICSID cases realted to water (pp.163-187), or a analysis of Pascua Lama  Chilean project´s international implications (pp. 333-347).  Many of the young researchers participants at the Hague Academy of International Law “Centre de Recherches” ( August/Sept 2001) on “water and international law” were called, 10 years after,  to contribute to this this very complete publication of the SFDI.  It is important to incorportae international law perspective in UICN work and research, and sometimes, reviewing the list fo bibliography at the end of some books published recently under UICN auspices, the reference to international law seems to be unknown or very little used.

……

The Global Carbon Crisis: Emerging Carbon Constraints and Strategic Management Options

(Greenleaf Publishing, 2011)

Timo Busch and Paul Shrivastava

Part I: A Strategic View of Carbon Constraints

1. Two sides of the carbon coin

2. Emerging carbon constraints
3. Strategic benefits of carbon and climate strategies

Part II: The Carbon Crisis: Physical Science, Economic and Equity Perspective

4. Evolution of carbon utilisation
5. Climate change and challenge ahead
6. Carbonomics and beyond
7. Intra- versus inter-generational equity

Part III: Strategic Options for a Low-Carbon Economy

8. Lessons from the financial crisis
9. Macro level: industrial policies for climate change
10. Meso level: inter-firm breakthrough steps in a low-carbon future
11. Micro level: proactive carbon management strategies
12. The mitigation–adaptation nexus

……

International Law Reporter

Jacob Katz Cogan

Barthel: Die neue Sicherheits- und Verteidigungsarchitektur der Afrikanischen Union: Eine völkerrechtliche Untersuchung

Chetail & Haggenmacher: Vattel’s International Law from a XXIst Century Perspective, Le Droit International de Vattel vu du XXIe Siècle

Tanaka, McCormack & Simpson: Beyond Victor’s Justice? The Tokyo War Crimes Trial Revisited

Vest: Völkerrechtsverbrecher verfolgen: Ein abgestuftes Mehrebenenmodell systemischer Tatherrschaft

de Jonge: Transnational Corporations and International Law: Accountability in the Global Business Environment

Recent Book Reviews at Global Law Books

Fidler & Gostin: WHO’s Pandemic Influenza Preparedness Framework: A Milestone in Global Governance for Health

Bagwell & Mavroidis: Preferential Trade Agreements: A Law and Economics Analysis

Schwöbel: Global Constitutionalism in International Legal Perspective

Mitchell & Powell: Domestic Law Goes Global: Legal Traditions and International Courts

Meron: The Making of International Criminal Justice: A View from the Bench

Kerbrat & Maljean-Dubois: The Transformation of International Environmental Law

Isaacs & Vernon: Accountability for Collective Wrongdoing

 

III. Journals

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 106: July 25, 20111

ALAN O’NEIL SYKES, EDITOR

The Right to Development, Human Rights and Economic Partnership Agreements

James Thuo Gathii, Albany Law School

 

Participation as Reparations: The ECCC and Healing in Cambodia

Toni Holness, affiliation not provided to SSRN
Jaya Ramji-Nogales, Temple University – James E. Beasley School of Law

 

Linking NGO Accountability and the Legitimacy of Global Governance

Dana Brakman Reiser, Brooklyn Law School
Claire Kelly, Brooklyn Law School

 

Legal Mechanization of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response to Professor Branson with Some Supplemental Thoughts

Donald J. Kochan, Chapman University – School of Law

 

Consultation and Legitimacy in Transnational Standard-Setting

Caroline M. Bradley, University of Miami – School of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 105: July 22, 20111

ALAN O’NEIL SYKES, EDITOR

Reforming Paradoxes of Socio-Economic Development: Modeling Change and Continuity at the World Bank

Peter Joseph Hammer, Wayne State University Law School

 

The International Politics of IFRS Harmonization

Karthik Ramanna, Harvard University – Harvard Business School

 

Par in Parem Imperium Non Habet: Complementarity and the Crime of Aggression

Beth Van Schaack, Santa Clara University – School of Law

 

Fundamental Norms, International Law, and the Extraterritorial Constitution

Jules Lobel, University of Pittsburgh – School of Law

 

Irregular Forces and Self-Defense Under the UN Charter

James Thuo Gathii, Albany Law School

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 104: July 21, 20111

ALAN O’NEIL SYKES, EDITOR

The (Re-) Constitution of the Public

Gianluigi Palombella, University of Parma – Faculty of Law

 

The Redistribution of Resources in Internationalized Intra-State Peace Processes by Comprehensive Peace Agreements and Security Council Resolutions

Cindy Daase, University of Leipzig – Leipzig Centre for History and Culture of East Central Europe (GWZO), Free University of Berlin (FUB) – Faculty of Law

 

Culture and Mediation In International Crises

Roudabeh Kishi, University of Maryland
Molly Inman, University of Maryland
Jonathan Wilkenfeld, University of Maryland

 

The Designation of West Bank Mosques as Israeli National Heritage Sites: Using the 1954 Hague Convention to Protect Against in Situ Cultural Appropriation

Kimberly Alderman, University of Wisconsin Law School

 

Legalizing the Barrier: The Legality and Materiality of the Israel/Palestine Separation Barrier

Yishai Blank, Tel Aviv University – Buchmann Faculty of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 79: July 25, 2011

CHRISTIANA OCHOA, EDITOR

Why Do Authoritarian Regimes Sign the Convention Against Torture? Signaling, Domestic Politics and Non-Compliance

James R. Hollyer, New York University – Wilf Family Department of Politics
Bryan Peter Rosendorff, New York University (NYU) – Wilf Family Department of Politics

Sources of International Law in the Light of the Article 38 of the International Court of Justice

Shagufta Omar, affiliation not provided to SSRN

Best Evidence: The Role of Information in Domestic Judicial Enforcement of International Human Rights Agreements

Yonatan Lupu, University of California, San Diego (UCSD) – Department of Political Science

Gender Discrimination in the United States Tariff Schedule: Does Unequal Tariff Treatment of Men’s and Women’s Products Constitute an Equal Protection Violation?

Anthony P. Bertero, affiliation not provided to SSRN

Globalization and Local Adaptation in International Trade Law

Ljiljana Biukovic, UBC Faculty of Law
Pitman Potter, UBC Faculty of Law

Operaciones Garantizadas Internacionales: Debate Actual Y Posibles Soluciones (Cross-Border Secured Transactions: Ongoing Issues and Possible Solutions)

Anjanette H. Raymond, affiliation not provided to SSRN

Inherent Powers of ICSID Tribunals: Broad and Rightly So

Martins Paparinskis, University of Oxford – Merton College

Prize Law

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)

Consent or No Consent: The Burden of Proof in Intellectual Property Infringement Suits

David Vaver, York University – Osgoode Hall Law School, University of Oxford Faculty of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 78: July 22, 2011

CHRISTIANA OCHOA, EDITOR

 

Copyright Exceptions and Limitations for Persons with Print Disabilities: The Innovative Greek Legal Framework Against the Background of the International and European Developments

Maria Daphne Papadopoulou, Hellenic Copyright Organization

 

Estimating the Constraints to Trade of Developing Countries

Jean-Jacques Hallaert, International Monetary Fund (IMF), Groupe d’Economie Mondiale (GEM) de Sciences-Po, Organisation for Economic Co-operation and Development (OECD)
Ricardo H. Cavazos-Cepeda, Organization for Economic Co-Operation and Development (OECD)
Gimin Kang, affiliation not provided to SSRN

 

Holding Counsel to Account in International Arbitration

Sam McMullan, affiliation not provided to SSRN

 

Implications of WTO Law for Plain Packaging of Tobacco Products

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

 

The Legal Regime of Patents and Designs Law and Its Effects on National Development

Kasim Musa Waziri, University of Abuja – Faculty of Law

 

Culture, Creativity & Copyright

David A. Simon, Harvard Law School, Harvard College

 

International Law Interrupted: A Case of Selective Adaptation

Ljiljana Biukovic, UBC Faculty of Law

 

Cultural Law: International, Comparative and Indigenous

Robert Kirkwood Paterson, UBC Faculty of Law
James A.R. Nafziger, Willamette University – College of Law
Alison Dundes Renteln, University of Southern California – Department of Political Science and International Relations

 

Which Countries are the Targets for Anti-Dumping Filings?

Sasatra Sudsawasd, National Institute of Development Administration (NIDA) – School of Development Economics

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 77: July 21, 2011

CHRISTIANA OCHOA, EDITOR

The Mediterranean Hybridity Project: At the Boundaries of Law and Culture

Seán Patrick Donlan, University of Limerick

 

Minding the Gap: Global Finance and Human Rights

Mary Dowell-Jones, University of Nottingham Human Rights Law Centre
David Kinley, University of Sydney – Faculty of Law

 

After the Last Judgment: The Future of the Egyptian Constitution

Adrien Katherine Wing, University of Iowa – College of Law
Hisham A. Kassim, New Levant Institute

 

Fundamental Norms, International Law, and the Extraterritorial Constitution

Jules Lobel, University of Pittsburgh – School of Law

 

The Right to Development, Human Rights and Economic Partnership Agreements

James Thuo Gathii, Albany Law School

 

Participation as Reparations: The ECCC and Healing in Cambodia

Toni Holness, affiliation not provided to SSRN
Jaya Ramji-Nogales, Temple University – James E. Beasley School of Law

 

Positing for Balancing: Investment Treaty Rights and the Rights of Citizens

Ahmad Ali Ghouri, University of the Punjab, Pakistan, University of Turku, Finland

 

Los Límites a La Doctrina Del Margen Nacional De Apreciación En El Tribunal Europeo Y La Corte Interamericana De Derechos Humanos: Intervención Judicial En Torno a Ciertos Derechos De Las Minorías Étnicas Y Culturales (The Limits to the Margin of Appreciation Doctrine at the European Court and the Inter American Court of Human Rights: Judicial Intervention Around Some Rights of the Ethnical and Cultural Minorities)

Francisco R. Barbosa Delgado, Universidad Externado de Colombia

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 31: July 21, 2011

DAVID D. CARON & TSEMING YANG, EDS.

Problems in Environmental Protection and Human Rights: A Human Right to the Environment

Donald K. Anton, Australian National University (ANU) – College of Law
Dinah L. Shelton, George Washington University – Law School

 

Establishment of Marine Protection Areas within the Antarctic Treaty System

Silja Voeneky, University of Freiburg – Faculty of Law
Anja Höfelmeier, University of Freiburg – Faculty of Law

 

Climate Justice

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

 

Polar Law and Good Governance

Elizabeth Burleson, London School of Economics, Pace Law School

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 60, July 25, 2011

ALAN O’NEIL SYKES, EDITOR

The Right to Development, Human Rights and Economic Partnership Agreements

James Thuo Gathii, Albany Law School

Legal Mechanization of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response to Professor Branson with Some Supplemental Thoughts

Donald J. Kochan, Chapman University – School of Law

Enter the Dragon, Softly: Chinese Aid in South, Southeast and Central Asia

Teresita Cruz Del-Rosario, Lee Kuan Yew School of Public Policy

Impact of WTO on Bilateral Trade Between India and China

Sushil Kumar Bhadu, Kurukshetra University – Institute of Management Studies
Garima Pant, affiliation not provided to SSRN

Don’t Make the Perfect the Enemy of the Good: Passing the U.S.-Panama Free Trade Agreement

Daniel Runge, affiliation not provided to SSRN

Anti-Dumping Policy and Law of Vietnam: A Critical Analysis from Integration and Competition Policy Perspectives

Tran Viet Dung, Ho Chi Minh City University of Law

Positing for Balancing: Investment Treaty Rights and the Rights of Citizens

Ahmad Ali Ghouri, University of the Punjab, Pakistan, University of Turku, Finland

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 35: July 22, 2011

DIANE MARIE AMANN, EDITOR

Honor Amongst Thieves: Organized Crime and the Illicit Antiquities Trade

Kimberly Alderman, University of Wisconsin Law School

 

Significant Numbers: Civilian Casualties and Strategic Peacebuilding

Taylor B. Seybolt, University of Pittsburgh

 

Conflict Art: Scholars Develop the Tactical Value of Cultural Patrimony

Erik Nemeth, Cultural Security, RAND Corporation

 

Formalisation of Plea Bargaining in Germany – Will the New Legislation Be Able to Square the Circle?

Regina E. Rauxloh, School of Law – University of Surrey

 

Destroying the Village to Save It: The Warfare Analogy (or Dis-Analogy?) and the Moral Imperative to Address Collateral Consequences

Andrew E. Taslitz, Howard University – School of Law

 

Justins v. the Queen: Assisted Suicide, Juries and the Discretion to Prosecute

Thomas Alured Faunce, Australian National University, Australian Research Council

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 34: July 21, 2011

DIANE MARIE AMANN, EDITOR

 

Human Slavery’s New Era in Sub-Saharan Africa: Combating the Trafficking of Women and Girls for Sexual Exploitation, Report of Findings for Equality Now-Nairobi

Kimberly Marie Brown, Case Western Reserve University – School of Law

 

The Ethics of Context: Exploring Assumptions in Discussions About the Looting of Archaeological Sites

Kimberly Alderman, University of Wisconsin Law School

 

Supreme Emergencies and the Continuum Problem

Daniel Statman, University of Haifa – Department of Philosophy

 

Resolution 1976(2011) on Somali Piracy: Towards Developing Prosecution Mechanisms to Combat Piracy

Sunil Kumar Agarwal, National Maritime Foundation

 

Case Note: Corte Di Cassazione (Sez I Penale), 3 October 2008, Number 37606 (Criminal Proceedings Against Heinrich Nordhorn)

Matteo Tondini, The Military Law and the Law of War Review

 

The Fujimori Judgment – A President’s Responsibility for Crimes Against Humanity as Indirect Perpetrator by Virtue of an Organized Power Apparatus

Kai Ambos, affiliation not provided to SSRN

……

CLIMATE CHANGE LAW & POLICY eJOURNAL

Vol. 3, No. 47: July 25, 2011

DANIEL A. FARBER & PATRICK A. PARENTEAU, EDITORS

Private Property: The Solution or the Source of the Problem?

Paul T. Babie, University of Adelaide – Law School

 

Climate Policy: Quo Vadis?

Hans Labohm, affiliation not provided to SSRN

 

Business and Climate Change: Key Strategic and Policy Challenges

Ans Kolk, University of Amsterdam – Amsterdam Business School (ABS)
Jonatan Pinkse, University of Amsterdam – Amsterdam Business School (ABS)

 

Legal Aspects of Global Warming Regulation

Ilona Jancarova, affiliation not provided to SSRN

 

Critique of U.S. House Bill 2454 on Climate Change

Michael J. Waggoner, University of Colorado School of Law

 

Energy and Sustainability: An Undergraduate Course

Alan H. McGowan, The New School for Liberal Arts – Eugene Lang College

……

CLIMATE CHANGE LAW & POLICY eJOURNAL

Vol. 3, No. 46: July 22, 2011

DANIEL A. FARBER & PATRICK A. PARENTEAU, EDITORS

Carbon Pricing that Builds Consensus and Reduces Australia’s Emissions: Managing Uncertainties Using a Rising Fixed Price Evolving to Emissions Trading

Frank Jotzo, Australian National University (ANU) – Crawford School of Economics and Government

 

Wilderness Preserves: Still Relevant and Resilient after All These Years

Sandra B. Zellmer, University of Nebraska at Lincoln – College of Law
John M. Anderies, School of Human Evolution and Social Change

 

Fishermen’s Perspectives on Climate Variability

Junjie Zhang, University of California, San Diego
Jason Fleming, affiliation not provided to SSRN
Ralf Goericke, affiliation not provided to SSRN

 

The Tragedy of the Risk-Perception Commons: Culture Conflict, Rationality Conflict, and Climate Change

Dan M. Kahan, Yale University – Law School, Harvard Law School
Maggie Wittlin, Yale University – Law School
Ellen Peters, Ohio State University – Psychology Department, Decision Research, University of Oregon
Paul Slovic, Decision Research, University of Oregon – Department of Psychology
Lisa Larrimore Ouellette, Yale University – Law School
Donald Braman, Cultural Cognition Project, George Washington University – Law School
Gregory Mandel, Temple University – James E. Beasley School of Law

 

Is Your Biofuel Affixed with an Approved Seal?: A Comparative Analysis of the European Union Biofuels Certification Regime and the Clean Development Mechanism

Jolene Lin, University of Hong Kong – Faculty of Law

……

CLIMATE CHANGE LAW & POLICY eJOURNAL

Vol. 3, No. 45: July 21, 2011

DANIEL A. FARBER & PATRICK A. PARENTEAU, EDITORS

 

Comparing the Copenhagen Emissions Targets

Frank Jotzo, Australian National University (ANU) – Crawford School of Economics and Government

 

Climate Change and Game Theory: A Mathematical Survey

Peter John Wood, Crawford School of Economics and Government

 

Renewable Energy Subsidies: Second-Best Policy or Fatal Aberration for Mitigation?

Matthias Kalkuhl, Potsdam Institute for Climate Impact Research
Ottmar Edenhofer, Potsdam Institute for Climate Impact Research (PIK)
Kai Lessmann, Potsdam Institute for Climate Impact Research (PIK)

 

Why California Failed to Meet its RPS Target

Deborah Behles, Golden Gate University School of Law

 

The Copenhagen Accord/Cancún Agreements Emission Pledges for 2020: Exploring Economic and Environmental Impacts

Rob Dellink, Wageningen UR – Environmental Economics and Natural Resources Group, Organization for Economic Co-Operation and Development (OECD)
Gregory Briner, Organization for Economic Co-Operation and Development (OECD) – Environment Directorate (ENV)
Christa Clapp, Organization for Economic Co-Operation and Development (OECD) – Environment Directorate (ENV)

 

Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States’ Territorial Seas

Michael Burger, Roger Williams University School of Law

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 60: July 22, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

The Entire World’s a Stage: The EU’s Strategic Presence in the Contemporary International Arena

Scott Nicholas Romaniuk, University of Aberdeen

 

Book Review: Eleanor Spaventa, Free Movement of Persons in the European Union: Barriers to Movement in Their Constitutional Context, Alphen Aan Den Rijn, Kluwer European Law Collection, 2008, 204 Pages

Irina Pescăraşu, University of Bucharest – Faculty of History

 

Harmonic Law: The Case Against Pluralism and Dialogue

George Letsas, University College London – Faculty of Laws

 

Is Your Biofuel Affixed with an Approved Seal?: A Comparative Analysis of the European Union Biofuels Certification Regime and the Clean Development Mechanism

Jolene Lin, University of Hong Kong – Faculty of Law

 

Legal Aspects of Global Warming Regulation

Ilona Jancarova, affiliation not provided to SSRN

 

Linking Up Levels of Governance: Agencies of the European Union and their Interaction with International Institutions

Martijn L.P. Groenleer, Delft University of Technology – Faculty of Technology, Policy and Management

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 59: July 21, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

The Impact of Informational Costs in Quantity Regulation of Pollutants: The Case of the European Emissions Trading Scheme

Peter Heindl, Centre for European Economic Research (ZEW)

 

Constitutional Versus Administrative Ordering in an Era of Globalization and Privatization: Reflections on Sources of Legitimation in the Post-Westphalian Polity

Michel Rosenfeld, Cardozo Law School

 

Health Insurance and EU Law

Wolf Sauter, Tilburg Law and Economics Center (TILEC), Dutch Healthcare Authority, Tilburg Law School

 

The Administrative System of the European Union – from Concept to Reality

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

 

A Human Rights Perspective on Citizen Participation in the EU’s Governance of New Technologies

Mark Leslie Flear, Queen’s University Belfast
Anastasia Vakulenko, University of Nottingham

 

Cooperation During the Designation and Management of The Dogger Bank Analysis of Applicable Legal Instruments, Degree of Implementation and Possible Future Scenarios

Marieke Van der Kooij, affiliation not provided to SSRN

……

NATIONAL SECURITY & FOREIGN RELATIONS LAW eJOURNAL

Vol. 8, No. 57: July 25, 2011

OREN GROSS, EDITOR

Can Wars Be Fought Justly? The Necessity Condition Put to the Test

Daniel Statman, University of Haifa – Department of Philosophy

 

Amia and the Triple Frontier in Argentine and American Discourse on Terrorism

Nathaniel Greenberg, affiliation not provided to SSRN

 

Prize Law

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)

 

Significant Numbers: Civilian Casualties and Strategic Peacebuilding

Taylor B. Seybolt, University of Pittsburgh

 

The Status Quo Bias and Counterterrorism Detention

Gregory S. McNeal, Pepperdine University School of Law

 

Conflict Art: Scholars Develop the Tactical Value of Cultural Patrimony

Erik Nemeth, Cultural Security, RAND Corporation

……

DEMOCRATIZATION: BUILDING STATES & DEMOCRATIC PROCESSES eJOURNAL

Vol. 4, No. 24: Jul 25, 2011

BRIAN DALE SHOUP & TIMOTHY WILLIAM WATERS, EDS

Talking Peace: A Population-Based Survey on Attitudes About Security, Dispute Resolution, and Post-Conflict Reconstruction in Liberia

Patrick Vinck, Harvard Humanitarian Initiative, University of California, Berkeley, Tulane University
Phuong Pham, Tulane University
Tino Kreutzer, affiliation not provided to SSRN

 

Income, Democracy, and the Cunning of Reason

Daniel Treisman, University of California, Los Angeles (UCLA) – Department of Political Science

 

The Right to Development and Rights-Based Approach to Development as Mutually Reinforcing Concepts for the Implementation of International Development

Anush Hayrapetyan, Riga Graduate School of Law

 

The Democratic Peace after the Cold War

Joanne Gowa, Princeton University

 

Democracy, Representation, and Self-Rule in the Indian Constitution

Pritam Baruah, India University – West Bengal National University of Juridical Sciences (NUJS)
Nicolas M. Rouleau, affiliation not provided to SSRN

 

Ukraine: Nation-Building Revisited – The Ukrainian Presidents and Their Understanding of Identity Politics

Nicole Gallina, Institute of East and Central Europe

……

International Environmental Agreements: Politics, Law and Economics

Volume 11, No 2 / 2011

Food security and access and benefit sharing laws relating to genetic resources: promoting synergies in national and international governance

Gurdial Singh Nijar

Multicriteria Decision Aid to support Multilateral Environmental Agreements in assessing international forestry projects

Rocío Dánica Cóndor, Antonino Scarelli and Riccardo Valentini

International water negotiations under asymmetry, Lessons from the Rhine chlorides dispute settlement (1931–2004)

Carel Dieperink

Transboundary water interaction II: the influence of ‘soft’ power

Mark Zeitoun, Naho Mirumachi and Jeroen Warner

Water resources data and information exchange in transboundary water treaties

Andrea K. Gerlak, Jonathan Lautze and Mark Giordano

Book Review

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

Alexis Hickman

……

German Law Journal

Vol. 12, No. 7 (2011)

Articles

The Global Administrative Order Through a German Lens: Perception and Influence of Legal Structures of Global Governance in Germany PDF – Phillipp Dann & Marie v. Engelhardt

Bringing “Justice” Home? Bosnians, War Criminals and the Interaction between the Cosmopolitan and the Local PDF – Olivera Simic

The Process of Granting Exclusive Rights in the Light of Treaty Rules on Free Movement PDF – Marek Szydło

Does the European Commission Have Too Much Power Enforcing European Competition Law? PDF – Milana S. Karayanidi

Multilingualism and Multijuralism: Assets of EU Legislation and Adjudication? PDF – Theodor Schilling

Developments

Case Note—Judgment of the Bundesgerichtshof (Federal Court of Justice of Germany) of 22 March 2011: Passion to Inform— BGH Expands Banks’ Advisory Duties PDF – Jean David Jansen

Transforming Researchers into Educators: Some Reflections on the University College Dublin School of Law Syllabus Design Workshop 2010 PDF – Donal K. Casey, Mary Dobbs, Alan Greene, James Lawless & Niamh M. Mulholland

Review Essay—The Mystic Wand of Participation: An Appraisal of Mark Mazower’s “No Enchanted Palace: The End of Empire and the Ideological Origins of the United Nations” (2010) PDF – Mai Taha

Book Review – David A. Strauss’ The Living Constitution (2010) PDF – Artour Rostorotski

……

Journal of International Economic Law

vol. 14 no. 2 (8 June 2011)

Protecting Public Morals in a Digital Age: Revisiting the WTO Rulings on US Gambling and China Publications and Audiovisual Products
Delimatsis, Panagiotis

Of Facts and Phantoms: Economics, Epistemic Legitimacy, and WTO Dispute Settlement
Thomas, CA

Countervailing Duty against China: Opening a Pandora’s Box in the WTO System?
Ahn, Dukgeun; Lee, Jieun

A Framework for Thinking about the Discretion in the Mandatory/Discretionary Distinction
Lester, Simon

The Limits of WTO Adjudication: Is Compliance the Problem?
Colares, Juscelino F.

Preventing Opportunistic Uncompliance by WTO Members
Townsend, David J.; Charnovitz, Steve

Antinomies of Public and Private at the Foundations of International Investment Law and Arbitration
Mills, Alex

Peddling Protectionism: Smoot-Hawley and the Great Depression. By DOUGLAS A. IRWIN
Meagher, Niall

……

Journal of International Economic Law

vol. 14 no. 1 (15 March 2011)

Introduction to Volume 14, 2011

What is International Economic Law?
Charnovitz, Steve

International Economic Law, Public Reason, and Multilevel Governance of Interdependent Public Goods
Petersmann, Ernst-Ulrich

Two Single UndertakingsCan the WTO Implement the Results of a Round?
Kennedy, Matthew

The ChinaTaiwan ECFA, Geopolitical Dimensions and WTO Law
Hsieh, Pasha L.

MFN-based Jurisdiction in InvestorState Arbitration: Is There Any Hope for a Consistent Approach?
Maupin, Julie A.

WTO Dispute Settlement 19952010A Statistical Analysis
Leitner, Kara; Lester, Simon

Book Survey 2010

Website Survey 2010
Raisch, Marylin Johnson

……

International Journal of Law and Management

vol. 53 no. 4 (12 July 2011)

Review, rewriting and impact of Indian takeover code
Reddy, K. Srinivasa; Nangia, V.K.; Agarawal, Rajat

A viewpoint on cartels: an Indian perspective
Chennupati, Divakara Babu; Potluri, Rajasekhara Mouly

Lessons learned from a comparative examination of global civil justice reforms
Ali, Shahla; Lee, Felicia

Employment discrimination law exposures for international employers: A risk assessment model
Posthuma, Richard A.; Roehling, Mark V.; Campion, Michael A.

Examining the link between enforcement activity and corporate compliance by Australian companies and the implications for regulators
Zubcic, Joseph; Sims, Robert

……

International Law Reporter

Jacob Katz Cogan

New Issue: European Human Rights Law Review

New Issue: International Criminal Law Review

New Issue: International Organization

New Issue: Netherlands Quarterly of Human Rights

New Issue: European Human Rights Law Review

New Volume: Austrian Review of International and European Law

New Volume: Collected Courses of the Xiamen Academy of International Law

New Issue: Netherlands Quarterly of Human Rights

New Issue: Journal of International Criminal Justice

 

IV. Cases and Dispute Settlement

Request for interpretation of the Judgment of 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand)(Order indicating provisional measures)(18 July 2011)

 

A. OXFORD REPORTS ON INTERNATIONAL LAW

Bykov v Russia, Merits and just satisfaction, App no 4378/02; IHRL 3609 (ECHR 2009)

Subject(s): Human rights Keyword(s): Evidence – Human rights, civil and political rights – Human rights, right to fair trial – Human rights, right to privacy – Human rights, rights of persons deprived of their liberty

Aster v Czech Republic, Admissibility, UN Doc CCPR/C/95/D/1575/2007; IHRL 107 (UNHRC 2009)

Subject(s): Human rights Keyword(s): Exhaustion of local remedies – Human rights, right to non-discrimination – International courts and tribunals, admissibility of claims

Prosecutor v Bagambiki and ors, Decision on the defence motion on defects in the form of the indictment, Case no ICTR-97-36-(I); ICL 132 (ICTR 1998)

Subject(s): International criminal law Keyword(s): Evidence – Human rights, right to fair trial – International criminal law, procedure

A and B v Department of Justice and Security of the Canton of Thurgau, Final appeal judgment, 2A.91/2003; BGE 130 II 1; ILDC 1406 (CH 2003)

Subject(s): Human rights – International courts and tribunals – Regional organizations, institutions and developments Keyword(s): Aliens, treatment – EC (European Community) – EC law – EC law, relationship with international law – ECJ (European Court of Justice) – EU (European Union) – Human rights, economic, social, and cultural rights – Human rights, right to family – Immigration – Migrants, rights – Migration

Chen v Netherlands, Admissibility, UN Doc CCPR/C/94/D/1584/2007; IHRL 106 (UNHRC 2008)

Subject(s): Human rights Keyword(s): Exhaustion of local remedies – International courts and tribunals, admissibility of claims

A v Federal Department of Economic Affairs, Administrative first instance judgment, No 2A 783/2006; ILDC 1200 (CH 2008)

Subject(s): Human rights – Relationship between international and domestic law – Universal international organizations and institutions Keyword(s): Due process – Economic sanctions – Human rights, civil and political rights – Human rights, right to fair trial – International law and domestic law, conflicts between – International organizations, resolutions – International peace and security – Judicial review – Peremptory norms / ius cogens – UN Security Council

 

B. Inter-American Commission on Human Rights

IACHR 142nd Session

During its 142nd session, the Commission approved 49 reports on individual cases and petitions: 18 on admissibility; 3 on inadmissibility; 3 on friendly settlement; 8 on the merits; 4 decisions to publish a report on the merits; and 13 archive reports, as follows:

Admissibility Reports

Petition 616-98,  Argentina – José Luis Hernández

Petition 12.145,  Trinidad and Tobago – Kevin Dial and Andrew Dottin

Petition 10.737,  Colombia – Víctor Manuel Isaza Uribe and family

Petition 1142-04,  Colombia – Fredy Alberto Alvarez and familias (Comuna 13)

Petition 12.336,  Colombia – Elio Gelves Carrillo and others

Petition 1082-03, Paraguay –Reinaldo Barreto Medina and Florencio Florentin Mosqueira

Petitions 1105-04, 1201-04 y 1216-04,  Peru – Moisés S. Limaco Huayascachi; Néstor Andrés Luyo Pérez and Mario Merwan Chira Alvarado

Petition 422-03,  Peru –Cory Clodolia Tenicela Tello and others

Petition 1194-04,  Peru –Marco Antonio Abarca Rupay

Petition 801-98, Peru – Carlos Braulio Arana Franco

Petitions 240-00 y 4582-02,  Peru – José Félix Arce Apaza y Luis Enrique Quispe Vega

Petition 911-98,  Peru – Héctor Fidel Cordero Bernal

Petition 12.125,  Peru – Wilbert Apaza Vargas

Petition 243-07,  Venezuela – Marcel Granier and others

Petition 11.829,  United States – Pedro Luis Medina

Petition 12.333,  United States – Miguel Ángel Flores

Petition 12.341,  United States – James Wilson Chambers

Petitions 233–04 (Manfred Amrhein Pinto, Ronald Fernandez Pinto, Carlos Osborne Escalante, Carlos Manuel Gonzalez Lizano and Arturo Fallas Zúñiga); 669-04 (Rafael Antonio Rojas Madrigal); 1174-04 (Damas Vega Atencio); 221-05 (Miguel Mora Calvo); 587-05 (Manuel Hernandez Quezada); 1083-06 (Jorge Alberto Martinez Melendez); 1111-06 (Guillermo Rodríguez Silva y Martín Rojas Hernández); 1256-06 (Carlos Eduardo Yépez Cruz, Luis Archbold Jay, Enrique Floyd Archbold Jay, Fernando Saldarriaga Sandarriaga and Miguel Antonio Valverde), Costa Rica – La Reforma

Inadmissibility Reports

Petition 182-03, Peru – René José Sánchez Rivera

Petition 648-98, Peru – Marcos Mauricio Lecca Vergara and others

Petition 55-05, Peru – Teofilo Sánchez Minaya

Friendly Settlement Reports

Case 11.532, Argentina – Penitenciarías de Mendoza

Case 12.306, Argentina – Juan Carlos de la Torre

Case 12.232, Chile – María Soledad Cisternas

Merits Reports

The IACHR approved a total of 8 reports on the merits, which will be made public when the Commission adopts a decision to publish or send the case to the Court, pursuant to Article 51 of the American Convention on Human Rights.

Decision to Publish Merits Reports

Case 12.586, Canadá – John Doe,

Case 10.916, Colombia – James Zapata Valencia y José Heriberto Ramírez Llanos,

Case 12.626, Estados Unidos – Jessica Lenahan (Gonzales) et al.

Case 12.776, Estados Unidos – Jeffrey Timothy Landrigan

Archive Reports

Case 893-07,  Brasil – Paulo Veronesi Pavesi

Case 11.745,  Brasil – 16 indígenas Yanomami

Case 11.072,  Estados Unidos – Francisco Ruiz y otros

Case 12.381,  Estados Unidos – Robert Bacon Jr.

Case 483-00,  Haití – Jean Paul Bien-Aimé

Case 603-03,  México – Antonio Fragoso

Case 12.083,  Perú – Jesús Clemente Collas Berru

Case 705-98,  Perú – Walter Lorenzo Delgado Rojas

Case 806-98,  Perú – Isaías Hinostroza Baldeón y María Jesús Salvador Ricra

Case 11.780,  Perú – Javier Diez Canseco y Gustavo Mohme

Case 12.245,  Trinidad y Tobago – Robert Taylor

Case 664-02,  Venezuela – Vicente Amengual

 

C. REFWORLD

Home Office (Appellant) v. Tariq (Respondent)

Publisher: United Kingdom: Supreme Court – Document type: Case Law

Al Rawi and others (Respondents) (Respondents) v. The Security Service and others (Appellants)

Publisher: United Kingdom: Supreme Court – Document type: Case Law

Shepherd Masimba Kambadzi (previously referred to as SK (Zimbabwe)) (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)

Publisher: United Kingdom: Supreme Court – Document type: Case Law

FA (Iraq) (FC) (Respondent) v. Secretary of State for the Home Department (Appellant)

Publisher: United Kingdom: Supreme Court – Document type: Case Law

Walumba Lumba (previously referred to as WL) (Congo) 1 and 2 (Appellant) v. Secretary of State for the Home Department (Respondent); Kadian Mighty (previously referred to as KM) (Jamaica) (Appellant) v. Secretary of State for the Home Department (Respondent)

Publisher: United Kingdom: Supreme Court – Document type: Case Law

Report No. 112/10 Inter-state Petition IP-02 Admissibility Franklin Guillermo Aisalla Molina (Ecuador-Colombia)

Publisher: Inter-American Commission on Human Rights (IACHR) – Document type: Case Law

Izevbekhai and Others v. Ireland

Publisher: Council of Europe: European Court of Human Rights – Document type: Case Law

 

D. World Trade Organization

EU files dispute against China

On 25 July 2011, the European Union requested consultations with China under the dispute settlement system concerning the latter’s definitive anti-dumping duties on x-ray security inspection equipment from the EU.

Items proposed for consideration at the next meeting of Dispute Settlement Body

The WTO Secretariat has circulated a meeting notice and list of items proposed for the next meeting, on 28 July 2011, of the Dispute Settlement Body, which consists of all WTO members and oversees legal disputes among them

WTO sets up panels for cases on renewable energy and imported spirits

At its meeting on 20 July 2011, the Dispute Settlement Body (DSB) established two panels: one to examine measures applied by Canada in its renewable energy sector and one to review taxes applied by Ukraine on imported spirits from Moldova.

 

E. European Court of Human Rights

(from European Court of Human Rights News)

Judgment Klouvi v. France (30754/03) plaintiff automatically condemned following refusal to charge suspect : violation articles 6-1 and 6-2

Case R.M & M.M v. France (33201/11) unregistered detention of baby with his parents awaiting deportation, no habeas corpus : communicated

Judgment El Shennawy v. France (51246/08) strip searched naked and forced to bend over and squat, 8 times a day : violation of articles 3 and 13

Case Boukneter v. France (43438/07) refused assistance of lawyer for suspects in police custody : communicated

Judgment Temoins de Jehovah v. France (8916/05) tax rate of 108% on donations : violation art. 9

 

V. Blogs/reviews/comment (select items)

AlertNet Blogs

A Window Opens Wide into the Issues Facing Women in Arab Region

Developing nations take lead in renewable power

Why is debate standing still on averting climate conflict?

Feeding a hungry world with trees

South Sudan: New Country, New Beginnings

Climate, energy to dominate US-Latin American relations

Gender push in climate programs needs follow-through

 

Bulletin of the Atomic Scientists Web Edition

How to avoid a new arms race

by Ivanka Barzashka

The inadequate US response to a major security threat: Climate change

by Francesco Femia

Interview with Gus Speth: Communicating environmental risks in an age of disinformation

by Bulletin Staff

Tracking Fukushima radionuclides: A research cruise in Japanese waters

by Nicholas S. Fisher

An auspicious moment for the BWC Review Conference?

by Malcolm Dando

 

CIEL Worldview

UN Security Council Misses Critical Opportunity to Take Action on Climate Change

by Alyssa Johl and Hana Heineken

UN Security Council Debates the Security Implications of Climate Change

by CIEL Climate Change Team

Multilateral Environmental Agreements and You

by Mary Tharin

 

Citizen Pilgrimage (Richard Falk)

Dilemmas of Sovereignty and Intervention

 

Climate Change, Agriculture, and Food Security

Final report: Mapping Hotspots of Climate Change and Food Insecurity in the Global Tropics

 

Climate Law Blog

Texas Renewable Energy Developer Initiates NAFTA Claim Against Canada

by Daniel Firger

 

Climate Progress

How Land Grabs for Biofuels Undermine Food Security

by Energy Interns

 

Council on Foreign Relations

Clinton’s Remarks on “Principles for Prosperity in the Asia-Pacific”, July 2011

by Council on Foreign Relations

Issue Guide: Global Implications of the U.S. Debt Crisis

by Council on Foreign Relations

Charting the IMF’s Role Amid U.S. and Eurozone Debt Concerns

by Council on Foreign Relations

The Global Regime for Armed Conflict

by Council on Foreign Relations

The Wrong Way to Free Trade

by Council on Foreign Relations

The Proliferation Security Initiative

by Emma L. Belcher

Making Sense of the Afghan Peace Dividend

by Gayle Tzemach Lemmon

 

Earth Rights International

Major victory for transnational human rights litigation in the UK: mining company compensates Peruvian victims of torture

by Marco Simons

Is it really time to weaken the Foreign Corrupt Practices Act?

by Yewande Ajoke Agboola

 

East Asia Forum

Industry versus agriculture in Japan’s TPP debate

by Aurelia George Mulgan

G20 and global democracy

by Maria Monica Wihardja

Europe’s role in global economic governance

by Jacob Kirkegaard

The TPP: A model for 21st century trade agreements?

by Claude Barfield

REDD-plus at the crossroads in Papua New Guinea

by Colin Filer

US deployment of littoral combat ships to Singapore

by Andy Yee

ASEAN Regional Forum confronts difficult issues

by Rodolfo Severino

Judicialisation of land disputes in socialist Asia

by John Gillespie

 

EJIL: Talk!

Gaddafi’s Government Abolishes Port Charges in Attempt to Avoid Libya Sanctions

by Dapo Akande

ICJ Permits Greece to Intervene in Germany v. Italy Immunity case

by Dapo Akande

The African Union takes on the ICC Again: Are African States Really Turning from the ICC?

by Dapo Akande

Recognition of Libyan National Transitional Council as Government of Libya

by Dapo Akande

Recent Developments with Regard to ICJ Provisional Measures

by Dapo Akande

 

FCO Bloggers (UK Foreign & Commonwealth Office)

Human rights – latest on countries of concern

by Amelia Bate

 

Foreign Policy

Nationalism Rules – By Stephen M. Walt

by STEPHEN M. WALT

A Just War, and an Unfinished One – By James Traub

by JAMES TRAUB

 

Foreign Policy Association

$1.6 Billion Needed for Horn of Africa Relief

by foodcrisis

World struggles to respond to famine in Somalia

by Kimberly Curtis

APEC: A Predictable Exercise in Corruption

by Vadim Nikitin

Iran’s Kurdish Adventure in Context

by Reid Smith

Climate Change = Security Threat

by Bill Hewitt

 

Foundation for International Environmental Law and Development

Video: Local voices behind international oil pipeline

by annak

 

Global Rights Forum

War Crimes Fugitive, Goran Hadzic, Arrested and Awaiting Transfer to ICTY

 

Green (NYTimes)

A Global Pinball Game: Tracking E-Waste

by By JOANNA M. FOSTER

 

Hague Justice Portal

Goran Hadzic makes first appearance at the ICTY

Serbia arrests Hadžić, the last ICTY fugitive

ICJ Rules on Cambodia-Thailand Border Dispute

 

International Criminal Law Bureau

The real nature of Confirmation Hearings at the ICC

by Steven Kay QC

ICT Refusal to Provide Written Copies of Oral Orders Criticised

by Steven Kay QC

ICTY: Goran Hadzic Arrest and Initial Appearance

by Deirdre Montgomery

News Updates: International Crimes Tribunal Bangladesh

by Deirdre Montgomery

 

International Economic Law and Policy (Simon Lester)

Bilateral vs. Multilateral Trade Agreements: The U.S. View

Norway on the Right to Trade

Optimal Tariffs, Trade War Tariffs and Trade Policy Cooperation

Unilateral Carbon Border Measures

Overlapping NAFTA/WTO Environment Claims: Ontario’s Renewable Energy Policies

Section 301 and Investor-State

Australia and the U.S. on the Aspect of the Measure to be Examined under GATT Article XX

 

International Law Observer

African Human Rights Court acts against Libya

by Michèle Morel

Provisional measures in Temple of Preah Vihear Case – a case of creative adjudication

By James Harrison

 

International Law Prof Blog (Mark E. Wojcik & Cindy Galway Buys)

US Suspends Entry of Noncitizens Subject to UN Travel Bans

Cameroon-Nigeria Commission

UN Security Council Demands Surrender of Lord’s Resistance Army

Foreign Corrupt Practices Act

Do PTAs Create Trade or Divert Trade?

ICTY Appeals Chamber Upholds Contempt Conviction of Former Staffer

Seventh Circuit Says Corporations Can Be Liable Under ATS

More on Today’s ICJ Ruling

ICJ Tells Both Sides to Remove Troops from Temple of Preah Vihear

 

International Water Law Project Blog

In Memoriam of Professor Julio A. Barberis

 

IntLawGrrls

Gender & Millennium Goals

(Amy Senier)

UN Women on justice for women

(Amy Senier)

Taking the long view: Responsibility to protect, in Libya and beyond

(Sheri Rosenberg)

In Siem Reap, tempest over a temple

(Beth Van Schaack)

Will tribunal bring Bangladesh justice?

(Kristine A. Huskey)

Revival of Bangladesh war crimes tribunal

(Kristine A. Huskey)

Bulgaria’s duties to its Roma people

(Gay McDougall)

Executive Control of Foreign Official Immunity Determinations: A Comparative Perspective

(Ingrid Wuerth)

Human Rights Implications of Arizona v. U.S.

(Hope Lewis)

Pro-ICC pushback

(Diane Marie Amann)

Refugee law meets international criminals

(Jaya Ramji-Nogales)

 

Jurist – Hotline Buzz

Chinese Human Rights Plan Must Address Past Failings to Succeed

Media Ownership in the Third Circuit: A Sweeping Public Interest Victory

Gaddafi Must Be Held Accountable for Crimes Against Humanity

 

Justice in Conflict (Mark Kersten)

Negotiating Peace in Libya: What Happens to Justice?

 

Lawfare

Material Support to … Transnational Criminal Organizations?

by Robert Chesney

The Narcotics/Weapons/Transnational Organized Crime Nexus

by Robert Chesney

D.C. Circuit Opinions in Al-Alwi and Gul

by Wells C. Bennett

Today’s Headlines and Commentary (July 20)

by Raffaela Wakeman

Today’s Headlines and Commentary (July 19)

by Raffaela Wakeman

The Naked AUMF

by Robert Chesney

Seventh Circuit Joins DC Circuit in Holding that Corporations May be Held Liable under Alien Tort Statute

by John Bellinger

Today’s Headlines and Commentary (July 16)

by Raffaela Wakeman

Koh on the Constitutionality of WPR 60-Day Clock

by Robert Chesney

Recognition of the Libyan Rebels, Conflict Status, and Detention Operations

by Robert Chesney

 

Making Waves (Greenpeace)

Whaling Commission too busy arguing about not disagreeing to save any whales

Deforestation and violence in the Congo

 

NRDC Switchboard

Government vastly underestimates potential health and environment damages from climate change

by Laurie Johnson

Brazil and Latin America gear up for Earth Summit 2012

by Carolina Herrera

Race to Rio: 2012 Earth Summit News — July 25, 2011

by Jacob Scherr

Climate Change and Trade in Endangered Species (with an update on the Dolphin Trade)

by Zak Smith

Members of US House Introduce Bill that Tries to Stop Another Country from Controlling Aviation’s Carbon Pollution: Another Crazy Idea

by Jake Schmidt

China kicks off legislative research project for the drafting of its national climate change law

by Alvin Lin

United States and India Reaffirm Commitment to Climate and Clean Energy Partnership

by Shravya Reddy

U.S. to Iceland: “Stop Defying Global Ban Against Commercial Whaling…or Else”

by Taryn Kiekow

Commercial Exploitation of Dolphins Should Remain Under Scrutiny

by Zak Smith

A cautionary tale from an island nation under siege from global warming

by Jake Schmidt

News from London: First-ever greenhouse gas regulations for ships adopted by IMO

by Rich Kassel

Latin American Climate, Energy and Environment News: Week of 7.10-7.16.2011

by Amanda Maxwell

Renewable Energy Keeps Growing: Earth Summit in Rio provides an opportunity for even more action

by Jake Schmidt

 

One World International Practice Blog (Louis M. Solomon)

Ninth Circuit Refuses To Permit Case Involving Peppercorns and Trochus Buttons Proceed Against the Sovereign State of Pohnpei

District Court Finds FSIA Terrorist Exception Met by Generalized Allegations of Proximite, Rather than But-for, Causation

7/27Ninth Circuit Reaffirms on Rehearing Its Rejection of District Court Dismissal on Forum Non Conveniens Grounds

Rejecting Claim of Unconscionability To Avoid Arbitration, District Court Reaffirms New York as a Center for International Commerce and Standardized Contracting

Class Action Raising Predominantly Non-U.S. Law Claims Dismissed on the Basis of Comity

 

Opinio Juris

International Law in the U.S. Supreme Court: A Brief Response to Professor Kent

by David Sloss

International Law in the U.S. Supreme Court: Professor Alford on Extraterritoriality

by William S. Dodge

International Law in the U.S. Supreme Court: A Partial Defense of “Insider Doctrinal History”

by Harlan Cohen

International Law in the U.S. Supreme Court: The Antelope and Other Mysteries

by Jenny Martinez

INTERNATIONAL LAW AND THE SUPREME COURT: It Could Be Even Better with More International Law

by Jeremy Rabkin

International Law in the U.S. Supreme Court: A Handful of Grand Narrative Questions

by Kenneth Anderson

International Law in the U.S. Supreme Court: A Presumption of Extraterritoriality?

by Roger Alford

International Law in the U.S. Supreme Court: A Reply to Professors Cohen and Wuerth

by William S. Dodge

International Law in the U.S. Supreme Court: A Response to Professor Golove’s Essay

by Andrew Kent

More International Law at the U.S. Supreme Court: Where is Jerusalem?

by Julian Ku

International Law in the U.S. Supreme Court

by Ingrid Wuerth

International Law in the U.S. Supreme Court: Resisting the Thrall of the Grand Narrative

by Harlan Cohen

International Law in the U.S. Supreme Court: Introduction

by Michael Ramsey

Interesting WikiLeaks Tidbits

by Kevin Jon Heller

A Book Discussion: International Law in The U.S. Supreme Court

by Duncan Hollis

Even More on UNCLOS- What About Deep Seabed Mining?

by Julian Ku

Nicaragua May Seek Reparations from U.S. Based on 1986 ICJ Decision

by Julian Ku

UNCLOS and the Seven Percent “Solution”

by Julian Ku

The Battle in the U.S. Over the Law of the Sea Treaty

by Julian Ku

The Ever-Expanding “Provisional Measures” Authority of the ICJ

by Julian Ku

Did the U.S. Stretch International Law In Order to Recognize Libyan Rebels?

by Julian Ku

Less is More?

by Roger Alford

Seventh Circuit (through Judge Posner) Dismisses ATS Suit, But Affirms Corporate Liability

by Julian Ku

 

OurWorld 2.0

Investing at the Bottom of the Pyramid for sustainable development

by Emmanuel Mutisya

 

Peace Palace Library

South Sudan: Birth Of A Nation

by CA

 

PhD Studies in Human Rights (William A. Schabas)

Crimes Against Humanity in Norway?

Complaints Concerning Katyń Massacre Declared admissible by European Court

Human Rights Commission for Organization of the Islamic Conference

Obama Investigated by the International Criminal Court? Perhaps, if we find the Kenyan Birth Certificate

‘Extralegal’ Detention

Contempt at the Special Court for Sierra Leone

 

The Volokh Conspiracy

The Economist: The Future Belongs to Drones

by Kenneth Anderson

“Accountability” as “Legitimacy” for International NGOs

by Kenneth Anderson

 

UK Human Rights Blog

Just when you thought they were extinct: human rights environmental case succeeds

by David Hart QC

Detainee Inquiry takes shape, responds to criticisms

by Matthew Flinn

Can “family ties” in Article 8 terms arise out of mere financial dependency?

by Rosalind English

Hallett, Hookway and Hacking – The Human Rights Roundup

by Melina Padron

Hacking, torture and legal aid – The Human Rights Roundup

by Graeme Hall

 

United Nations Dispatch

Why We Need an International Treaty on Private Military Contractors

by Lauren Jenkins

Famine in Somalia. How is the World Responding?

by Mark Leon Goldberg

Should We Include Global Insecurity as a Hidden Cost of Carbon Emissions?

by Emily Loftis

 

Yale Environment360

Warming Arctic Temperatures Cause Release of Long-Buried Toxins

Extreme North Pole Heat Contributing to Rapid Loss of Sea Ice

Shipping Industry Agrees to CO2 Emissions Standards

Arctic Blog: Tracking the Impact of Oil Development on Wildlife

Meat Eater’s Guide Highlights CO2 Footprint of Food Choices

The Warriors of Qiugang: A Chinese Village Fights Back

The World at 7 Billion: Can We Stop Growing Now?

Forests Absorb One-Third of Fossil Fuel Emissions, Landmark Study Finds

Loss of Large Predators Has Sweeping Impact on Ecosystems

 

VI. Gray Literature (select items)

World Resources Institute, Designing and International Climate Regime: Moving the UNFCCC Forward (posted, July 27, 2011)

Amma Dolidze, African Court on Human and Peoples’ Rights – Response to the Situation in Libya, ASIL Insight (July 26, 2011)

Burma Environmental Working Group, Burma’s Environment: People, Problems, Policies (June 2011)

Polly Ericksen, Philip Thornton, An Notenbaert, Laura Cramer, Peter Jones and Mario Herrero, Mapping Hotspots of Climate Change and Food Insecurity in the Global Tropics (CCAFS Report No. 5, 2011)

Christophe Venet and Laurence Nardon, The use of space for maritime security in Europe

The Europe & Space Series n°5, (juin 2011)

Walter Kälin, A Human Rights-Based Approach to Building Resilience to Natural Disasters, Nansen Conference on “Climate Change and Displacement in the 21st Century” (6 June 2011)

Simon Caney and Cameron Hepburn, Carbon trading: unethical, unjust and ineffective? Centre for Climate Change Economics and Policy, Centre for Climate Change Economics and Policy, Working Paper No. 59 (April, 2011)

 

VII. Podcasts/Videos

U.S. House Armed Services Hearing on “Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror (h/t Lawfare)

News Wrap: U.N. Declares Parts of Somalia in Famine Amid Drought

from PBS NewsHour | PBS

Global Ethics Corner: The Challenge of Population Growth

Carnegie Council

 

VIII. Documents/Negotiations/Practice

Journal of the United Nations

JOURNAL NO.2011/143

Publication Date: Wednesday, 27 July 2011
[ English (187K) | French (201K) ]

JOURNAL NO.2011/142

Publication Date: Tuesday, 26 July 2011
[ English (193K) | French (253K) ]

JOURNAL NO.2011/141

Publication Date: Saturday, 23 July 2011
[ English (199K) | French (204K) ]

Jul 22, 2011 (2 days ago)

JOURNAL NO.2011/140

Publication Date: Friday, 22 July 2011
[ English (174K) | French (173K) ]

JOURNAL NO.2011/139

Publication Date: Thursday, 21 July 2011
[ English (167K) | French (170K) ]

Operational Guidelines to Support Transfers and Resettlement under the arrangement Between the Government of Australian and the Government of Malaysia on Transfer and Resettlement (25 July 2011)

Arrangement Between the Government of Australian and the Government of Malaysia on Transfer and Resettlement (25 July 2011)

UN Office of the High Commissioner for Human Rights, Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (July 2011)

ASIL, International Law in Brief (July 22, 2011)

International Seabed Authority, Decision of the Council of the International Seabed Authority, ISBA/17/C/20 (21 July 2011)

International Seabed Authority, Statement of the President of the Council of the International Seabed Authority on the work of the Council during the seventeenth session, ISBA/17/C/21 (21 July 2011)

Security Council, Letter dated 15 July 2011 from the Permanent Representative of Nauru, Pacific small island developing States Concept note on climate change and security, U.N. Doc. S/2011/436 (18 July 2011)

UN Security Council, Security Council resolution 1999 (2011) [on admission of the Republic of South Sudan to membership in the United Nations], U.N. Doc. S/RES/1999 (13 July 2011)

……

INTERNATIONAL LEGAL MATERIALS

Volume 50 — No. 3 — 2011

International Centre for Settlement of Investment Disputes: Global Trading Resource Corp. v. Ukraine

Introductory Note by John R. Crook

International Criminal Tribunal for the Former Yugoslavia: Prosecutor v. S ˇ ljivancˇanin

Introductory Note by Jennifer Easterday

UN Security Council Resolution 1966: International Residual Mechanism for the ICTY and ICTR

Introductory Note by Ruth Frolich

Treaty Between the United States of America and the Russian Federation on Measures for the

Further Reduction and Limitation of Strategic Offensive Arms

Introductory Note by Daniel H. Joyner

Brasilia Declaration on the Protection of Refugees and Stateless Persons in the Americas

Introductory Note by Daniel Costa .

European Court of Human Rights: M.S.S. v. Belgium & Greece

Introductory Note by Patricia Mallia

Cross-Straits Economic Cooperation Framework Agreement

Introductory Note by Elizabeth Chien-Hale

 

IX. Press Releases/Newsletters (select items)

American Society of International Law, IL.post (July 26, 2011)

UN High Commissioner for Refugees, UNHCR Statement on the Australia-Malaysia Arrangement (25 July 2011)

ABA Section of International Law, International Human Rights e-Brief (11 July 2011)

Security Council Report, Update Report No. 1: Israel/Palestine (25 July 2011)

 

X. Media (select sources/select items)

A. News Aggregators

B. International News Sources

C. A Selection of Stories

Richard Norton-Taylor & Chris Stephen, Gaddafi can’t be left in Libya, says international criminal court, guardian.co.uk (26 July 2011)

Bill Varner, Nauru’s Plea for United Nations Action Over Climate Threat Goes Unheeded, Bloomberg (July 21, 2011)

UN News Service

UN rights committee says Belarus’ executions violate international obligations

Security Council extends UN mission in Côte d’Ivoire for another year

Independent UN expert launches guide on rights of human rights defenders

UN nuclear energy chief urges compliance with non-proliferation treaty

Foreign direct investment lags despite recovering world economy – UN report

UN envoy warns of profound deadlock in Israeli-Palestinian peace talks

UN refugee agency condemns Sudan’s deportation of Eritrean refugees

Number of famine-displaced Somalis seeking aid in Mogadishu swells to 100,000 – UN

Libya: UN mission to Tripoli finds areas in urgent need of humanitarian aid

UN team calls for end to use of children in conflict in Central African Republic

Greek and Turkish Cypriot leaders begin intensive, UN-backed talks

Ban calls on Myanmar to consider ‘early action’ on release of prisoners

UN high-level forum spotlights young people’s potential as agents of change

Aid to Horn of Africa must be linked to boosting long-term food security – Ban

Exports led Asia-Pacific out of the global economic crisis – UN report

Protections must be enforced as part of Australia-Malaysia refugee deal – UN

UN-backed Cameroon-Nigeria border commission presses for swift resolution

Norway: Security Council deplores deadly terrorist attacks

UN humanitarian fund gives millions for food aid across Horn of Africa

Two UN-AU peacekeepers injured after ambush in Darfur

Animal experts at UN-backed conference are ‘concerned’ about trade in animals and skins

Top UN officials strongly condemn deadly attacks in Norway

Ban voices shock after deadly attacks in Norway

UN experts alarmed over atrocities in Sudan’s Southern Kordofan region

Syria: UN advisers warn that crimes against humanity may have been committed

Darfur: ‘imperative of peace is now,’ Security Council told

Last remaining fugitive taken into custody by UN’s Balkans war crimes tribunal

Parties to Western Sahara conflict conclude informal talks in New York

UN human rights officials voice concern at closure of displaced camp in Haitian capital

UN report calls for prosecution of perpetrators of mass rape in DR Congo

General Assembly President and South African leader discuss Security Council reform

Somalia: Ban makes impassioned plea for help for famine-hit people

Economic sanctions worsening hunger in Madagascar, UN expert warns

UN-backed Cameroon-Nigeria commission meets to resolve border issues

When a food security crisis becomes a famine

Lebanon: UN resolution respected but no progress on final ceasefire – envoy

UN expert urges Maldives to tackle displacement caused by climate change

Lebanon: UN resolution respected but no progress on final ceasefire – envoy

 

BBC News World

India’s challenges

UK recognises Libyan rebels

Attack on UN in Lebanon condemned

Uzbek ‘made Obama death threats’

Kosovo tense after border clash

‘Tonne of ivory’ smuggled to US

US suspends aid project in Malawi

VIDEO: Illegal animal trade thriving in UAE

Nigeria army accused of killings

Crisis ‘will not end nuclear age’

Australia refugee deal criticised

S Korea and India sign nuclear deal

UK reviews Gaddafi exit solution

Two Sudans in ‘currency war’

IMF calls for action on US debt

Serb ‘war criminal’ declines plea

China shuts down fake Apple shops

Israel ‘intercepts weapons boat’

Australia signs refugee swap deal

India to have ‘green’ regulator

VIDEO: Inside Japan’s nuclear exclusion zone

US invites North Korea to talks

VIDEO: Aid reaches Islamist area in Somalia

VIDEO: Norwegian attacker ‘acted alone’

Iran ‘nuclear’ scientist killed

Belgium’s veil ban now in force

Canada returns Chinese fugitive

Polls held in northern Sri Lanka

VIDEO: Fake Apple stores found in China

VIDEO: Petraeus on US Pakistan relations

Twin terror attacks shock Norway

Ghana gay call ‘promotes hatred’

UK criticises EU famine response

Hadzic extradited to Hague court

Ireland’s EU bailout rate reduced

Somali Islamists maintain aid ban

Australia ‘to sign asylum deal’

Amnesty condemns Saudi terror law

VIDEO: Hadzic to be transferred to The Hague

Eurozone hails Greece aid package

Obama signs gay military ban end

Canada to deport Chinese fugitive

Thailand refuses royal jet bond

‘War criminals’ hiding in Canada

Korea nuclear envoys in key talks

VIDEO: Famine drives victims to violent Mogadishu

Bhutan spreads happiness to the UN

Asian leaders seek island accord

VIDEO: Pakistan PM’s anger at Bin Laden raid

Inquiry into Ivory Coast violence

Mau Mau Kenyans allowed to sue UK

Not on our land

Spratly Islands trip riles China

VIDEO: Tamils return home after Sri Lanka war

VIDEO: Who owns these islands?

Three indicted for Amazon murders

Climate change ‘threatens peace’

 

Jurist Paper Chase Newsburst

Obama issues sanctions to fight international criminal organizations

by Zach Zagger

France rights groups seek to freeze Syria president al-Assad’s foreign assets

by Zach Zagger

UN rights groups express concern over children’s rights in CAR

by Chris Morris

UN SG calls for ‘early action’ for releasing Myanmar political prisoners

by Zach Zagger

Ethiopia counterterrorism law represses free speech: HRW

by Maureen Cosgrove

War crimes trial over Guatemala massacre begins

by Zach Zagger

Hadzic refuses to plead at ICTY

by Maureen Cosgrove

Canada public provides aid in arrests of two suspected war criminals

by Dan Taglioli

Belgium burqa ban takes effect

by Jennie Ryan

South Korea enacts chemical castration law

by Jennie Ryan

UN officials warn of possible Syria human rights abuses

by Daniel Makosky

Federal appeals court dismisses former Guantanamo detainees’ habeas petitions

by Ashley Hileman

Obama certifies ‘Don’t Ask Don’t Tell’ repeal

by Jaclyn Belczyk

Ghana rights group warns of anti-gay crackdown

by Julia Zebley

UN urges DRC to prosecute perpetrators of mass rapes

by Julia Zebley

Saudi Arabia anti-terrorism law would thwart political dissent: AI

by Maureen Cosgrove

Hadzic extradited to Hague to face ICTY

by Julia Zebley

House committee votes for international abortion funding restriction

by Chris Morris

Accused Somali pirates plead not guilty in hijacking that killed 4 Americans

by Chris Morris

Security Council declares global warming threat to international security

by Julia Zebley

War crimes affecting Somalia children: AI

by Maureen Cosgrove

Ivory Coast sets up commission to investigate post-election violence

by Chris Morris

Australia to sue ex-Guantanamo detainee for book royalties

by Maureen Cosgrove

Bangladesh judge indicts 430 civilians for 2009 mutiny

by Julia Zebley

European rights official denounces burqa bans

by Maureen Cosgrove

Republican lawmakers urge Obama to define terror suspect detention policy

by Maureen Cosgrove

UN dismisses ICTY staff member’s appeal of contempt conviction

by Julia Zebley

Serbia captures final ICTY fugitive Goran Hadzic

By Julia Zebley

 

New York Times

Israeli Commandos Storm Theater in West Bank to Arrest Vandals

India and Pakistan Agree to Concessions on Kashmir

The Lede: Lockerbie Convict Appears at Rally in Libya

Britain Expels Pro-Qaddafi Diplomats and Recognizes Rebels

World Briefing | MIDDLE EAST: Lebanon: Bomb Hits U.N. Convoy

Security Council Debate Offers Preview of Palestinian Bid

Russians Linked to Jail Death Are Barred From U.S.

In Shift, Britain Says Qaddafi Could Remain in Libya

Egypt’s Generals, Protesters Moving to Open Clash

Manufactured Goods Lead Surge in Indian Exports

World Briefing | AFRICA: Somalia: Food Aid to Start in Days

World Briefing | EUROPE: Croatia Set for E.U. Membership

World Briefing | MIDDLE EAST: Israel: Dead Sea Arms Smuggling

U.S. Imposes Sanctions on 4 International Criminal Groups

Global Update: Food: Deal Will Help Build a Better Cassava

At War: Weapons Retrieved in Iraq Point to Iran

Envoy Says U.S. Will Start Afghan Pullout, Slowly

Australia and Malaysia Sign a Refugee Swap Deal

Vatican Recalls Ambassador to Ireland Over Abuse Report

At War: In Libya’s West, Signs of Growing Frustration With NATO

Police Say Oslo Suspect Admits ‘Facts’ in Massacre

Iranian Scientist Gunned Down at Home

March Against Egypt’s Military Collapses Into Violence

Pakistan Spies on Its Diaspora, Spreading Fear

Beijing Bars Writers From a Literary Celebration, Continuing a Crackdown

Sri Lanka Voting Marked by Skepticism on Change

Nguyen Cao Ky, South Vietnam Leader, Dies at 80

Doubts Grow in Egypt About Trial for Mubarak

Protesters Urge President to Step Down in Senegal

Toll Climbs to 80 in NATO Raid on Insurgent Camp in Southeastern Afghanistan

Beijing Arrests Its Most-Wanted Fugitive After Canada Deports Him

Beliefs: A Diplomatic Mission Bearing Islamic Hip-Hop

World Briefing | Africa: U.N. Cites Congo Officers in Rape Inquiry

World Briefing | ASIA: Bangladesh: Floods Displace Thousands

In Greek Pact, Compromises and Intrigues

World Briefing | Europe: Last Serbian War Crimes Fugitive Handed Over to Tribunal

Greens Flex New Muscles in Australian Parliament

At Least 80 Dead in Norway Shooting

Blast in Oslo Government Buildings

Chief Nuclear Negotiators From North and South Korea Meet for First Time Since 2008

Heads of Europe Back Broad Plan to Rescue Greece

Lai Changxing’s Deportation to China Is Upheld in Canada

World Briefing | EUROPE: Britain: Kenyans Win Right to Sue

The Lede: Video Shows Confrontation on West Bank

Spain to Curtail Influx of Romanians

Artwork at Issue in Arrest of Serbian Fugitive

Reading Between North Korea’s Lines

Syrian Forces Tighten Grip on Restive City

Magazine Preview: Yemen on the Brink of Hell

French-German Proposal for Europe Emerges Before a Meeting on Greece

Politicus: Merkel Is Dancing With a Bear

World Briefing | THE AMERICAS: Canada: 1,800 Lose Citizenship

World Briefing | Asia: China: Death Toll Increases in Xinjiang

In Court, Suggestions of Hacking Beyond The News of the World

Egypt Rulers Outline Plan for Elections

Problems With Logistics, Coordination and Rivalries Hamper Libya’s Rebels

Food Crisis in Somalia Is a Famine, U.N. Says

Diplomatic Memo: As U.S. Steps Back, Europe Takes Bigger Role in Mideast Peace Push

 

WORLD (Washington Post & Foreign Policy

India and Pakistan promise ‘new era’ of more stable relations

Rights group urges Bangladesh to follow global standards in trying suspects in 2009 mutiny

Long-term costs of war, both human and financial

Clinton, in letter, blasts bill restricting foreign aid

UK Foreign Secretary says Britain will unfreeze Libyan oil assets to help transitional gov’t

Britain officially recognizes Libyan rebels as country’s legitimate government

Britain officially recognizes Libyan opposition, expels Gadhafi diplomats

Foreign Office: Britain to expel all Libyan embassy staff

Palestinian leader Abbas calls for peaceful ‘popular resistance’ to support UN statehood bid

Kosovo PM: EU rule of law mission failing to do its job

Southeast Asia’s navy chiefs meet as tensions simmer with China over South China Sea

NKorea demands peace treaty with US as top diplomat visits New York to reopen nuclear talks

NATO flexible on Gaddafi’s future

U.S. visa blacklist startles Russia

Hezbollah leader warns Israel against ‘stealing’ oil and gas reserves

As Egypt charts new foreign policy course, away from US line, Iran hopes to warm ties

UN coordinator says Israeli-Palestinian deadlock is slowing efforts to reach status agreement

Israeli president calls on Syria’s Assad to resign at first news conference for Arabic media

China says 3-man submersible makes its deepest test dive, can reach over 70 pct of ocean floor

Top officials from rivals India, Pakistan talk in New Delhi before FMs meet Wednesday

U.S. puts Russian officials on visa blacklist

Guatemala troops claim innocence at trial for Dos Erres massacre

Kosovo launches takeover of 2 disputed border crossings with Serbia

Drone boom: French buying UAVs from Israel

New U.S. effort targets ‘transnational organized crime’ as threat to national security

UN announces donor meeting in Nairobi to raise money for famine victims in East Africa

Libyan Embassy in Bulgaria switches to rebel side following expulsion order against diplomat

South Sudan officials say north’s decision to release new currency early is ‘economic war’

Libyan government claims NATO planes hit food storehouses and medical center

Iranian shelling of Iraq’s Kurdistan region kills 2 Iraqis as hundreds forced to flee homes

Ugandan official says more than 100 refugees have fled eastern Congo violence

Clinton seeks to reassure China amid U.S. debt stalemate

Vatican recalls its ambassador from Ireland in bitter dispute over sex abuse scandal

Philippine president warns China in major speech that Filipinos will defend Spratlys territory

Final fugitive from Yugoslav wars declines to enter plea in UN court to war crimes indictment

India to set up independent body to review projects for environmental clearance

Malaysia, Australia seal pact to swap refugees in strategy to deter asylum seekers’ boat trips

Group alleges that global project to save forests is undermined by its own participants

U.S. invites N. Korean official to New York for talks

Pakistan heightens scrutiny of foreigners, U.S. and humanitarian aid officials say

International panel begins investigating Shiite protests and government crackdown in Bahrain

Somalia’s famine will become worse unless world increases food aid, Australia minister says

Naval official confirms an Italian ship was attacked by pirates off coast of Benin

Germany to loan $144 million to Libya’s rebel council for rebuilding, humanitarian use

Clinton urges Indonesia to be role model for democratic transition in Myanmar, Middle East

Clinton stresses urgency in resolving South China Sea tensions between China, neighbors

U.S. struggles to free money for Libyan rebels

Clinton issues challenges on North Korea, South China Sea

UN Security Council condemns deadly terrorist attacks in Norway

Gunmen on motorcycles assassinate Iranian nuclear scientist in Tehran

Al-Shabab prevents food aid from reaching 2.2 million Somalis, famine zone soon to expand

Militants disrupt human rights hearing at the Zimbabwe parliament, rights groups say

Turkish PM insists Israel must apologize if it wants to repair ties

Malaysia deports French lawyer fighting alleged corruption by shipmaker in submarine deal

US takes hard line on North Korea nukes, South China Sea tensions at Asian security talks

Clinton urges China, neighbors to show restraint in South China Sea, calls for binding rules

Top diplomats from North and South Korea meet briefly at regional security meeting

U.S. struggles to free money for Libyan rebels

AP Interview: IAEA chief says talks with Syria on nuke program inconclusive

Judges keep accused Taliban fighter held at Guantanamo Bay

EU, NATO strongly condemn blast in Norwegian capital

UN food official: Madagascar post-coup sanctions have left half of population hungry

Cambodian prime minister blasts critical broadcasts by US-funded radio stations as inaccurate

AP Interview: IAEA chief seeks heightened role for his agency in future disasters

US praises Laos for ‘forward-leaning position’ in taking pause in Mekong River dam project

Chad calls on Senegal to extradite Chadian ex-dictator Hissene Habre to Belgium for trial

Iran denies shooting down US spy plane, saying it only hit a test target

Libyan rebels insist Gadhafi be tried for crimes, as NATO hits Tripoli

SAfrican troops fight back as poachers kill hundreds of rhino; horns more valuable than gold

Dutch news agency says war crimes suspect Goran Hadzic arrives in Netherlands to stand trial

UN report: Congo colonels block investigation of soldiers blamed for mass gang rape

Amnesty says draft anti-terror law in Saudi Arabia could be used to silence political dissent

Somali militants vow to block aid groups despite famine; UNICEF says 800,000 children at risk

UN ramps up food deliveries to East Africa as Somalia famine threatens to spread

Last Balkan suspect wanted by UN war crimes court extradited for prosecution

Asian nations move to defuse South China Sea, Korea tensions in steps welcomed by US

Clinton says Myanmar needs to earn trust of the international community

European leaders agree to new Greek rescue plan

Somali rebels accuse U.N. of exaggerating drought severity, playing politics

CIA vaccine program used in bin Laden hunt in Pakistan sparks criticism

North Korea names new envoy for stalled nuclear disarmament talks

UN rights officials raise concerns over Haiti mayor removing homeless from stadium parking lot

US Marines will visit New Zealand next year for 1st time in at least 25 years

Caribbean nations object to Japan-bound shipment of reprocessed nuclear waste through region

Canada releases names of 30 suspected war criminals believed to have entered country illegally

Afghans face tough challenges after NATO turns over security of troubled eastern city

Nigeria army stems violence after 5 are killed in edgy central region that saw months of calm

Ivory Coast president announces human rights investigation over postelection violence

Israeli PM Netanyahu calls for peace talks in first sit-down interview with Arab TV station

Wars not only reason for rise in defense spending

Analysts: Somalia’s 20-year-old war helped turn drought to famine; reforms needed

France protests Syrian restrictions on US, French ambassadors’ movements

Government minister says Israel won’t apologize to Turkey for deaths of flotilla activists

European leaders meet at Brussels summit to deal with debt crisis

Iran cautiously welcomes Russian proposal for brining Tehran back to nuclear talks

Zimbabwe police, militants stop US ambassador speech to youth groups, ambassador says

Asian security talks: a look at the top issues, what’s at stake and who’s involved

Court orders antiquities experts to catalog trove of temple treasures in southern India

Police shut Australia Greenpeace HQ after activists destroy genetically modified wheat crop

Hadzic’s family visits in prison ahead of extradition to UN court

Southeast Asian ministers push for resumption of talks on North Korea’s nuclear program

Vietnam vows to defend sovereignty and interests in disputed South China Sea

House moves to restrict U.S. foreign aid

France: Gaddafi could possibly stay in Libya

U.S. government cannot confirm mass graves in Sudan

Documents outline alleged funneling of Pakistani funds to U.S. candidates

 

What’s In Blue (News from Security Council Report)

The UN Force in Abyei

Cote d’Ivoire Mandate Renewal

Briefing by Force Commanders of UN Peacekeeping Operations

Kosovo police take control of border in Serb-dominated area. (Bloomberg)

Council expresses ‘grave concern’ over Somalia famine. (Xinhua)

UN calls for end to use of children in conflict in CAR. (UN News via All Africa)

US condemns violence in Syria. (VOA)  

Israel intercepts weapons boat in Dead Sea. (Bloomberg)

Turkey threatens diplomatic action pending Israel apology on Gaza flotilla raid. (Haaretz)

Arms Control and Disarmament. (Guardian)

Children and Armed Conflict. (Guardian)

OCHA warns of hunger in Southern Kordofan. (UN News Service via All Africa)

Syria passes new political parties law. (Reuters)

 

UN Wire

ICC still seeks Gadhafi’s arrest

U.S. lawmakers consider cutoff of climate aid

Phasing out “aid,” phasing in “development cooperation”

Ghana looks to revive flagging fishing industry

Land sales and African food security

UN envoy seeks an end to Middle East deadlock

U.K. asks Gadhafi diplomats to leave, recognizes rebels

U.S. officials see an end to al-Qaida

UN cites evidence of Sudan atrocities

UN court begins trial of last Serbian suspect

UN delays flotilla raid report publication for diplomatic reasons

UN-brokered talks seek end to conflict in Libya

Rights group criticizes Australia-Malaysia refugee swap

Expectations are low for U.S. visit of N. Korean diplomat

U.S. sanctions target transnational crime groups

Historic trial revisits Guatemala civil war massacre

Suu Kyi meets with Myanmar official over political future

Norwegian terrorist attacks are condemned by UN

UN needs a special rep for climate-security issues

Food security failures could spread famine, UN warned

WWF forest-protection plan comes under fire

As Arctic ice melts, trapped chemicals are released

Clinton seeks progress on Asia security issues

U.S. seeks to balance anti-terror laws, Somalia famine relief

 


* Prepared by Donald K. Anton, The Australian National University College of Law. This digest draws on independent research together with information gleaned from the RSS feeds of a host of international law publishers, law libraries, and blogs.

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

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