Author Archive for
An Hertogen

Weekend Roundup: January 17-23, 2015

by An Hertogen

This week on Opinio Juris, we hosted a symposium on International Law as Behavior, following a workshop at the University of Georgia in late 2014. Elena Baylis discussed the methodological, theoretical and conceptual questions that need to be grappled with when studying international law as behavior, while Galit Sarfaty provided insights from anthropology for the study of international law behavior. More specific issues were dealt with in posts by Jean Galbraith, who reflected on the use of deadlines in international law, Tim Meyer, who described instances of epistemic cooperation as a way of encouraging states to coordinate their behavior, and Harlan Cohen, who addressed the puzzling phenomenon of precedent in international law. Tomer Broude applied behavioural theory to the ongoing negotiations on the Trade in Services Agreement (TiSA), and Harlan Cohen closed the symposium with reflections on the agenda for the study of international law as behavior.

The Palestinian ratification of the Rome Statute and its article 12(3) declaration was the subject of extensive commentary. Kevin disagreed with Nimrod Karin’s posts on Just Security that these steps amount to “lawfare”. He also argued why an investigation into Arafat’s death would be problematic. The issues of settlements in the West Bank was discussed in Ido Rosenzweig’s guest post and by Kevin who explained why the Palestinian Authority cannot use an ICC investigation as leverage to freeze settlement construction.

Foreign affairs law issues came up in Peter’s discussion of the constitutionality of Boehner’s invite to Netanyahu in light of precedents where the Logan Act was invoked, Julian’s argument that President Obama needs congressional approval to lift the trade embargo on Cuba, and Julian’s analysis whether a US-Iranian nuclear deal should take the form of an article II treaty with its requirement of congressional approval.

In other posts,  Fox News came under fire from Kevin for its report on Paris’ “no-go” zones and from Deborah over its factual inaccuracies in reports on Muslims in the UK and France. Kristen updated us on the Haiti Cholera case where the SDNY upheld the UN’s immunity, and Kevin posted a youtube video of a protest song on Australia’s detention centre on Manus Island

Finally, Jessica wrapped up the international news headlines and I rounded up the events and announcements.

Many thanks to our guest contributors and have a nice weekend!

Events and announcements: January 18, 2014

by An Hertogen

Calls for applications

  • The 11th Annual Conference of the European Society of International Law will take place in Oslo, Norway, from September 10-12, 2015.  The conference will be hosted by the PluriCourts Center on the Legitimate Roles on the Judiciary in the Global Order, University of Oslo. Entitled “The Judicialization of International Law – A Mixed Blessing?”, the conference will address the international law aspects of the increased judicialization from an interdisciplinary perspective. The conference will feature plenary sessions with invited speakers, and a number of agorae with speakers selected on the basis of a call for papers and agora proposals. The event will also offer poster sessions for early career scholars following a call for posters.  The deadline for the submission of abstracts and proposals is January 31, 2015. More information is available here.
  • The fourth Max Planck Masterclass in International Law will take place at the Max Planck Institute in Heidelberg, Germany, from May 4-6, 2015. Professor Emmanuelle Tourme-Jouannet (Sciences Po, Paris)  will hold the class on the topic of “Global Justice and the Purpose of International Law”. During those three days, participants will discuss with Professor Tourme-Jouannet aspects of her work, including “What is a Fair international Society?” (2013) and “The Liberal-Welfarist Law of Nations” (2012). For more information see the call for participants.
  • Koç University Law School, Boston College Law School and the International Society of Public Law invite submissions for a full-day workshop on unamendable constitutional provisions, to be held on the campus of Koç University Law School in Istanbul on Tuesday, June 9, 2015. Submissions are invited from scholars of all ranks, including doctoral students on any subject related to unamendability, including both formal and informal forms. The convenors intend to publish the papers in an edited book or in a special issu e of a law journal. Interested scholars should email an abstract by March 15, 2015 to judy [dot] yi [at] bc [dot] edu on the understanding that the abstract will form the basis of the pre-workshop draft to be submitted by May 15, 2015. Scholars should identify their submission with the following subject line: “Koç University—Abstract Submission—Unamendability.” More information is available here.
  • The Graduate Institute is looking to hire promising scholars at the rank of Assistant Professor in INTERNATIONAL LAW with a specialisation in one of the following fields: International Economic Law / Protection of Human Dignity / International Environmental Law / Transnational Law. For more information, candidates are encouraged to consult the Institute’s website.
  • The Hebrew University of Jerusalem and the Freie Universität Berlin are now accepting applications for the second round of Doctoral and Post-Doctoral fellowships in the joint 3-year interdisciplinary Doctoral Program “Human Rights under Pressure – Ethics, Law and Politics” (HR-UP), funded by the German Research Foundation (DFG) and the Einstein Foundation Berlin. HR-UP offers young researchers a unique opportunity to conduct cutting-edge research on the most pressing contemporary challenges for human rights, including issues arising from crises and emergencies, globalization and diversity. Doctoral researchers admitted to the program will receive competitive fellowships and mobility funds for research terms at the partner university. They will be jointly supervised by senior researchers from Germany and Israel, and participate in both jointly and locally held courses, including a two-week introductory intensive course in Jerusalem, joint interdisciplinary colloquia, research ‘master-classes’, and three annual summer schools in Berlin. The program also includes two post-doctoral positions (one in each university). The deadline for applications is January 27th, 2015. For further information, and to apply, please visit  www.hr-up.net.
  • The Peace and Justice Initiative (PJI) is pleased to announce its call for applications for a funded fellowship for projects designed to enhance the implementation of the Rome Statute of the International Criminal Court (ICC) and/or internships in international criminal law. It is envisioned that the fellowship recipient will undertake an internship or visiting professional position at one of the international courts/tribunals in The Hague or undertake a project related to the promotion or enhancement of international criminal law in domestic jurisdictions. The fellowship will run for a duration of 6 months and will involve funding sufficient for the successful applicant to carry out their internship or project. Further information about the fellowship can be found here and is subject to conditions. An application form can be accessed here. Applications are to be received via email by 28 February 2015 at info [at] peaceandjusticeinitiative [dot] org.

Announcements

  • TDM Journal has published a new issue on Dispute Resolution from a Corporate Perspective. This TDM special edited by Kai-Uwe Karl (General Electric), Abhijit Mukhopadhyay (Hinduja Group) and Heba Hazzaa (Cairo University) brings the corporate voice to the debate about reforming alternative dispute resolution and effective conflict management.

Our previous events and announcements post can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information. 

Holiday Roundup: December 20, 2014 – January 9, 2015

by An Hertogen

This holiday season, we trust Santa was still as safe as back in 1961 and that nobody received a lump of coal. We found some time to post, so if you were too busy to visit our blog, here is what you missed.

Kevin posted about a virtual roundtable on David Bosco’s “Rough Justice” in which he participated over at H-Diplo, and linked to his new essay on the use and abuse of analogy in IHL. Deborah agreed with Cliff Sloan on the closing of Guantanamo. Catherine Harwood wrote about the UN HRC inquiry into human rights violations in North Korea and Larry Backer commented on the recent normalisation of US-Cuban relations.

Finally, I listed the events and announcements and Jessica wrapped up the international law news (1, 2).

Watch this space next week as we mark our tenth anniversary!

Many thanks to our guest contributors and have a nice weekend!

Events and Announcements: December 21, 2014

by An Hertogen

Events

  • For many years, the Frankfurt Investment Law Workshop – jointly organized by Rainer Hofmann (University of Frankfurt), Stephan Schill (Max Planck Institute Heidelberg), and Christian J. Tams (University of Glasgow) – has been a forum for the discussion of conceptual issues of international investment law. The next workshop, to be held March 13-14, 2015, will explore the role of history in the interpretation and application of international investment law. It will cover a wide range of issues, from debates about investment law’s imperial origins to the drafting history of the World Bank’s ICSID Convention. The program is available here. As in previous years, the workshop will bring together academics and practitioners and provide them with a forum for open and frank exchanges. To register, please contact Sabine Schimpf, Merton Centre for European Integration and International Economic Order, University of Frankfurt (S [dot] Schimpf [at] jur [dot] uni-frankfurt.de) by February 28, 2015.

Calls for Papers

  • A call for papers has been issued for the International Criminal Justice Stream at the Socio-Legal Studies Association Annual Conference which takes place at the University of Warwick from March 31 – April 2, 2015. Submissions are invited on all areas of substantive international criminal justice, whether on theory, policy or practice. Empirical work would also be welcomed. Both individual papers and panel submissions (of three related papers) can be submitted for consideration. Postgraduate students are also encouraged to submit abstracts. Abstracts may only be submitted via the Easy Chair system, must be no longer than 300 words, include your title, name and institutional affiliation and your email address for correspondence. Successful papers will be published in a symposium; details of which will be available shortly. For an informal discussion please email the convenor, Anna Marie Brennan at Anna [dot] Marie [dot] Brennan [at] liverpool [dot] ac [dot] uk. The deadline for the submissions is Monday January 19, 2015.
  • The Graduate Institute in Geneva is convening a conference entitled ‘International Law and Time’ to take place in Geneva, Switzerland, from June 12–13, 2015, to explore the phenomena of time and change in international law. Abstracts are due by February 15, 2015. More information is here.

Last week’s events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

Weekend Roundup: December 13-19, 2014

by An Hertogen

This week on Opinio Juris, our regular bloggers touched on a variety of topics again with Kevin rejecting Ashley Deeks’ evidence that the international response to ISIS supports the “unwilling or unable” test under article 51 UN Charter and Kristen expanding the UN’s list of 13 things to know about UN sanctions to 16. Prompted by Christopher Kutz’ essay, Julian asked whether the norm against torture is indeed dying in the US.

In guest posts this week, Bede Sheppard discussed new guidelines to protect schools and universities from military use during armed conflict, and Rick Lines and Damon Barrett pointed to an interesting question of international law posed by the US’ four pillar approach to international drug control.

Finally, Kevin welcomed Points of Order to the blogosphere and, as every week, you could count on Jessica to wrap up the international news headlines and list the events and announcements.

Many thanks to our guest contributors and have a great weekend!

Weekend Roundup: November 30-December 5, 2014

by An Hertogen

This week on Opinio Juris, Roger commented on Joel Trachtman’s article on customary international law, which attracted a lot of debate from our readers in the comments.

Kevin lamented US Courts’ insufficient understanding of IHL and wondered if Paddington would prefer Australia’s Christmas Island. He also responded to Ryan Vogel’s post on Lawfare on the OTP’s Afghanistan’s investigation.

Julian explained why he does not fully agree with Eric Posner’s view on international human rights law clinics and asked whether the Supreme Court implicitly reversed Kiobel’s corporate liability holding.

Finally, Jessica wrapped up the international news headlines and listed events and announcements.

Have a nice weekend!

Events and Announcements: November 9, 2014

by An Hertogen

Call for Papers

  • TDM will be publishing a Special Issue on the Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA) and is hereby inviting contributions dealing with the Agreement and the issues raised by any of its chapters. Of particular interest in the investment chapter are clarifications brought to key substantive provisions such as fair and equitable treatment; the definition of investment, which refers to “income generating assets” in the sense used by economists; the fair and equitable standard, including manifest arbitrariness, targeted discrimination on manifestly wrongful grounds and abusive treatment of investors, and its interpretation by the contracting Parties; the definition of acts de jure imperii, and CETA’s detailed language on what constitutes indirect expropriation. Proposals or papers should be submitted directly to the co-editors – Herfried Wöss, Fabien Gélinas, Andrea Bjorklund, and John Gaffney – by January 15, 2015 – contact details on the TDM website.

Last week’s events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

Weekend Roundup: November 1-7, 2014

by An Hertogen

This week on Opinio Juris, Peter continued his commentary on the Zivotofsky hearing and Kristen posted the transcript of the recent hearing in the Haiti Cholera case.

Jens wrote about the DOD’s plans for a Defense Clandestine Service, and welcomed the news that President Obama will seek congressional authorization for the ISIS campaign.

Kevin discussed the passage in the OTP’s Mavi Marmara decision where the OTP finds that Israel is still occupying Gaza, and explained why the Comoros’ appeal will have little effect in practice.

In guests posts, Nikolaos Ioannidis wrote on the complex legal issues surrounding activities in the Cyprus EEZ, and Giacomo Pailli analysed the Italian Constitutional Court’s decision that the ICJ decision in Germany v Italy can be given no effect in the Italian legal system.

Finally, Jessica wrapped up the news and listed events and announcements, and Kevin asked our European readers for advice on PhD applications.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: October 18-31, 2014

by An Hertogen

This fortnight on Opinio Juris, Jens predicted that the Ebola crisis will become a Chapter VII issue at the UN. The theme of the UN and diseases continued in Kristen’s update on a hearing on the UN’s Privileges and Immunities in the Haiti Cholera case. In other UN news, she summarized some of the issues discussed at a meeting on the Security Council’s methods.

Kevin wrote on the Constitutional Court of South Africa’s decision in the Zimbabwe Torture Docket case, finding that international law did not prohibit universal-jurisdiction investigations in absentia.  Kevin also assessed the likelihood of the ICC’s OTP opening an investigation into Chevron’s activities in Ecuador. For those in need of a refresher on these activities, Peter recommended Paul Barrett’s Law of the Jungle.

Peter looked ahead at the Supreme Court argument in Zivotofsky v. Kerry, and pointed out three factors that in his view point to the Court sustaining the Jerusalem Passport Statute, while Julian wondered what China really means when it celebrates the “International Rule of Law”.

Kevin congratulated Dapo Akande on his promotion to Professor of International Law at Oxford, and recommended a post by Mark Kersten on the terror attacks in Canada.

We ran two guest posts: one by Chimène Keitner on the evolving law of foreign official immunity, and one by William Dodge who raised a question on the Convention on the International Sale of Goods.

Finally, Jessica wrapped up the international law headlines (1, 2), and we listed events and announcements (1, 2). Our readers may also be interested in a Lawfare podcast on al-Bahlul, featuring Kevin, Wells Bennet and Steve Vladeck.

Have a nice weekend!

Events and Announcements: October 26, 2014

by An Hertogen

Events

  • ALMA and the Radzyner School of Law of the Interdisciplinary Center (IDC) invite you to the opening session of the Joint International Humanitarian Law Forum for the 2014-2015 Academic year. The session will be held on Wednesday, October 29, 2014, 18:30, in the meeting room of the Communication school (room C228, Arazi-Ofer Building, 3nd floor) at the IDC. In this session they will host the distinguished Prof. Malcolm Shaw, Emeritus Sir Robert Jennings Professor of International Law, School of Law, University of Leicester. Prof. Shaw will discuss the topic of: Combatant Immunity for State Forces in Non-International Armed Conflicts. Following the presentation, there will be an open round table discussion. Please note that the session will be conducted in English. The meeting is free and open to the public. If you wish to attend the meeting please register in advance via forum [at] alma-ihl [dot] org.
  • On Thursday, October 30, from 4:00 to 5.30 p.m., GW Law will hold an event on Professor Chiara Giorgetti’s new book titled Litigating International Investment Disputes:  A Practitioner’s Guide (Brill/Nijhoff 2014).  The session will feature book contributors who will address topics such as selecting the arbitrator, representing the State, the award, and relationship of counsel/parties to the secretariat.  In addition to Prof. Giorgetti, panelists will include John Crook of GW Law, Eloise Obadia of Derains & Gharavi PLLC, and Jeremy Sharpe of the U.S. Department of State, Office of the Legal Adviser; the discussion will be moderated by Stanimir Alexandrov of Sidley Austin LLP.  The events will be held at GW Law, 2000 H Street, N.W., with the panel in the Jacob Burns Moot Court Room (Lerner 101), and a reception thereafter in the Dee Kelly Lounge.  All are invited.  No rsvp is needed. More information about the book here.

Call for papers

  • The 4th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) offers graduate students and early professionals/academics studying or working in the field of IEL an opportunity to present and discuss their research and to network with senior people in the field. The upcoming conference will take place on April 16-17, 2015 in Milan, Italy. If you wish to apply, or if you have any questions, write to: pepa2015conference [at] gmail [dot] com. The call for papers is here.
  • The deadline for submitting proposals for the 21st Annual Forum of Young Legal Historians (AYLH 2015, Tel-Aviv, March 1-3, 2015) is November 1. The Call for Papers and further information on the Forum are and will be available on the AYLH website.

Announcements

  • The International Federation of the Red Cross (IFRC) is pleased to announce the launch of the “First Annual International and Comparative Disaster Law Essay Contest”.   The contest is co-sponsored by the IFRC, the American Society of international Law (ASIL) and the “International Disaster Law Project” of the Universities of Bologna, Scuola Superiore Sant’Anna, Roma Tre and Uninettuno (also associated with the Italian Red Cross Cross), with support from the International Institute of Humanitarian Law. They are looking for entries from graduate or undergraduate students (regardless of major/concentration) with a deadline of January 30, 2015.  Among the top prizes are sponsored participation in next year’s week-long “International Disaster Law Course” in Sanremo and a year membership in ASIL and waiver of fees for attendance of the 2015 Annual meeting on April. Note that all submissions must be in English and must address international or comparative legal issues for disasters linked to natural hazards. They are also looking for qualified persons willing to serve as readers/scorers of some of the contest submissions. The reading would take place in the first 2-3 weeks of February. If anyone is willing and available, he/she should write to disaster [dot] law [at] ifrc [dot] org and include his/her CV. The web link for the contest is here.

Last week’s events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information. 

Weekend Roundup: October 4-17, 2014

by An Hertogen

This fortnight on Opinio Juris, Jens discussed how to get Quirin right when Quirin was wrong. Kevin asked for sources backing the US position on self-defence against non-state actors, while Kristen gave an overview of the legal issues up for debate at the General Assembly this fall. Julian expressed doubts about the strength of Greece’s legal arguments for the return of the Elgin Marbles.

We also had a range of guest posts, with Başak Çalı commenting on the Tory attack on the European Human Rights system, and Oliver Windridge discussing how a recent decision by the Director of Public Prosecutions for England and Wales confirms that there is no immunity for torture in England and Wales. Yanying Li followed up on an earlier post discussing the recent reforms for more orderly sovereign debt restructurings at the IMF.

Finally, Jessica and I wrapped up the international law headlines (1, 2) and listed events and announcements (1, 2). Our DC-based readers can hear Kevin speak on Monday at an event at George Mason University on the ICC and Palestine.

Many thanks to our guest contributors and have a nice weekend!

Events and Announcements: October 12, 2014

by An Hertogen

Events

  • The Minerva Center for Human Rights at Tel Aviv University is pleased to invite the public to the conference “Lessons for Transitional Justice in Israel-Palestine”, to be held on November 16-17, 2014 at Tel Aviv University. The conference builds on an academic collaboration between Israeli, Palestinian and South African students and researchers who participated last summer in an intensive two-week Transitional Justice Workshop at the University of Johannesburg. At the conference, international and local scholars will share perspectives on current theories and practices that can shed light on possible transitional justice processes for Israel/Palestine, and students will present papers based on their research during the workshop. The conference program available here. For further information please contact minerva [at] tauex [dot] tau [dot] ac.il.
  • The Rethink Rebuild Society in Manchester will hold a conference on October 17Syrian Conflict in Regional Crises: Complications, Implications, and the Way ForwardThis conference represents a critical forum through which policy makers, NGOs, academics and activists can together identify and discuss the most appropriate British domestic and international policy towards Syria in light of current research and developments on the ground, specifically the emergence of IS (formerly ISIS) and the impact that this will have on British domestic and international policy, as well as action by the international community. Conference speakers include Dr. Christopher Phillips (Queen Mary, University of London), Dr. James Pattison (University of Manchester), Asim Qureshi (Research Director of CAGE Prisoners), Anas Al Abdah (Syrian National Coalition), and Raffaello Pantucci (Royal United Services Institute). The conference deliberations will focus on the following themes: The situation in Syria: misconceptions vs. realities; The emergence of IS (formerly ISIS): British jihadists, media coverage, and national policy; Where is Syria heading? Decoding the future of Syria and the region; Is British policy on the right track?; The role of the international community. Further conference information and registration can be found at conference website.

Calls for papers

  • The Human Rights Essay Award Competition sponsored by the Academy on Human Rights and Humanitarian Law seeks to stimulate the production of scholarly work in international human rights law. Awardees receive a full scholarship to attend the 2015 Program of Advanced Studies in Human Rights and Humanitarian Law in Washington D.C. This year’s topic is “Transitional Justice, International Human Rights and Humanitarian Law” and the deadline to submit is February 1, 2015. Participants have the flexibility to choose any subject related to the assigned topic. The best articles may be published in the American University International Law Review. For detailed guidelines about the award please visit the website or e-mail the Academy.
  • The Texas International Law Journal will be celebrating its 50th year in 2015. They are publishing a special 50th anniversary issue to commemorate the occasion. The Journal is seeking submissions from scholars in all areas of international law. These submissions can address any topic in international or comparative law, but should be focused on significant developments in international law over the last 50 years and their future implications. They invite you to submit an article or brief comment as detailed in the call for papers.

Announcements

  • Professor S.I. Strong of the University of Missouri School of Law is conducting an anonymous electronic survey as part of a research project entitled “Perceptions and Use of International Commercial Mediation and Conciliation.”  International commercial mediation and conciliation has recently made the news as a result of a decision by the United Nations Commission on International Trade Law (UNCITRAL) to give further consideration to a proposal from the U.S. Department of State regarding an international convention on international commercial mediation and conciliation.  Those who wish to participate in this survey can do so by clicking on this link or pasting this e-address into their browser <https://www.surveymonkey.com/s/JH6VHQT>.   The survey should take approximately ten minutes to complete and will remain open until 11:59 p.m. Central Daylight Time (CDT) on October 31, 2014.  Those with questions about this project can contact Professor Strong at +1-573-882-2465 or strongsi [at] missouri [dot] edu.  Questions about participants’ rights as a research subject can be directed to the University of Missouri Campus Institutional Review Board at +1-573-882-9585.
  • The Goettingen Journal of International Law, which is Germany’s first open-access international law journal, has recently released the first issue of its sixth volume. Issue 6.1 contains, inter alia, two articles on the role of developing countries in WTO law and two on the forms of responsibilities of States in international law, whereof one is by Otto Spijkers and based on one of his blog posts on this blog. The article, as well as the whole issue can be accessed at the journal’s website.

Last week’s events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.