Author Archive for
An Hertogen

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.

Weekly News Wrap: Monday, October 6, 2014

by An Hertogen

Your weekly selection of international law and international relations headlines from around the world:

Africa

Middle East and Northern Africa

Asia

Europe

Americas

World

  • Last week, the 7th Meeting of the Parties to the Cartagena Protocol on Biosafety met in Pyeongchang. The International Institute for Sustainable Development has a summary of the proceedings here.
  • The IMF and the World Bank are holding their Annual Meetings in Washington DC this week. For civil society coverage, see here.

Events and Announcements: October 5, 2014

by An Hertogen

Events

  • International Criminal Court Prosecutor Fatou Bensouda will keynote “Children & International Justice,” a conference to be held on Tuesday, October 28, 2014, at the University of Georgia School of Law in Athens, home institution of the Prosecutor’s Special Adviser on Children in & affected by Armed Conflict, Professor Diane Marie Amann. Taking part will be experts from academia and the practice; from UNICEF and the Office of the Special Representative to the U.N. Secretary-General for Children & Armed Conflict; and from NGOs like Human Rights Watch, the International Center for Transitional Justice, the International Committee of the Red Cross, No Peace Without Justice, Protect Education in Insecurity & Conflict, Save the Children, and The Carter Center. Papers will be published in the Georgia Journal of International & Comparative Law. Additional sponsors include the Dean Rusk Center for International Law & Policy, the Georgia Law Project on Armed Conflict & Children, the African Studies Institute of the University of Georgia, the Planethood Foundation, and the American Society of International Law-Southeast. Details and registration can be found here.
  • On Monday October 20, 2014, the University of Luxembourg will host a symposium, jointly organised with the UNHCR, on the protection of persons fleeing situations of armed violence. The event will consider the issue of assessing claims for international protection for persons fleeing armed conflict or other situations of violence: using Article 2A of the 1951 Geneva Convention or Article 15 of the EU Qualification Directive? Particular attention will be paid to the new UNHCR guidelines on the subject. Participants will include Pascale Moreau (UNHCR), Advocate General Eleanor Sharpston (CJEU), Judge Lars Bay Larsson (ECJ), Judge Ledi Bianku (ECHR), Alice Edwards (UNHCR), Prof. James Sweeney (Lancaster University), Blanche Tax (UNHCR), Serge Bodart (ULB), Prof. Matthew Happold (University of Luxembourg), and Philippa Candler (UNHCR). Further details of the programme can be found here. The event will take place in English and French with simultaneous translation. Attendance at the symposium is free but registration is required and can be done online here.
  • You are invited to the INTRAlaw opening seminar to celebrate the establishment of the research centre INTRAlaw (International and Transnational Tendencies in Law) within the Department of Law at Aarhus University. The centre will provide the framework for coordinating the research activities of a number of senior staff members at the Department of Law in 2014-2018. The formal opening of INTRAlaw is accompanied by the inauguration lecture of Professor Edward Canuel who has been appointed honorary professor of law at Aarhus University. The seminar takes place on October 24, 2014, at Aarhus University Conference Centre – Fredrik Nielsens vej 2-4, 8000 Aarhus C, Denmark. The deadline for registration is October 17, 2014. To register, please send an email to Tinna Meyer. The full programme of the seminar can be found here.

Calls for papers

  • The Utrecht Journal of International and European Law has extended the deadline for its call for papers on ‘Privacy under International and European Law’ to November 14, 2014. Relevant issues may have broader implications, including: the responsibility of private actors under international law; privacy as a human right; the conflict between State interests and individual rights; the internet and territorial limits; data protection; diverging national approaches to the protection of privacy and the rise of The Board of Editors will select articles based on quality of research and writing, diversity and relevance of topic. The novelty of the academic contribution is also an essential requirement. Prospective articles should be submitted online via the website and should conform to the journal style guide. Utrecht Journal has a word limit of 15,000 words including footnotes. For further information please consult the website or email the editors at utrechtjournal [at] urios [dot] org.
  • From April 8-11, 2015, the American Society of International Law will convene its 109th Annual Meeting. The aim of the 2015 Annual Meeting is to promote a rigorous discussion on the question of how international law is “adapting to a rapidly changing world.” Next year, as in the past, the Planning Committee for the Annual Meeting would like to include at least one “New Voices” session that will provide a platform for junior scholars and practitioners to present their works-in-progress. ASIL invites submissions from non-tenured scholars and junior practitioners on any topic of international law. Any authors who submitted a paper abstract in the first call for papers and session proposals do not need to submit again; those abstracts remain under consideration. Abstracts should be well developed and reflect advanced progress on a paper that will be presented at the Meeting.  Final papers will be due by March 30, 2015. Send your abstract to asilannualmeeting [at] asil [dot] org by no later than Thursday, October 30, 2014, with the subject line “New Voices Proposal.”  Please send the abstract as a Microsoft Word attachment, including your name and contact information (email address & affiliation).  Abstracts should be no longer than 1000 words.  Selected authors will be notified by the end of November. Please direct any questions to the co-chairs of the ASIL New Professionals Interest Group at asilnpig [at] gmail [dot] com.
  • A conference on The European Union and the Arctic will bring together academics and practitioners from relevant disciplines such as international law, international relations, political science and marine biology, NGOs, representatives from EU institutions and international organizations to discuss the EU’s potential contribution to enhance Arctic governance. A roadmap for increasing the effectiveness of the EU’s action in the Arctic will be drawn at the end of the conference. This conference is timely as the Council of the European Union recently (Council conclusions on developing a European Union Policy towards the Arctic Region, May 24, 2014) requested the European Commission and the High Representative to present proposals for the further development of an integrated and coherent Arctic Policy by December 2015. Abstracts of no more than 400 words should be emailed to Dr. Nengye Liu (n [dot] x [dot] liu [at] dundee [dot] ac [dot] uk) by January 15 , 2015. All abstracts will be peer-reviewed. Selected speakers will be notified by January 31, 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: September 27- October 3, 2014

by An Hertogen

This week on Opinio Juris, the debate on the AUMF continued with Kevin pointing out the lack of evidence on Khorasan’s existence and the denuding of the concept of self-defence, and Jens discussing how ground troops will be necessary in the battle of ISIS, which requires a better legal foundation for the operation than the AUMF. On a comparative and lighter note, Kristen recommended Jon Stewart’s Daily Show piece on the UK’s debate on the authorization of air strikes against ISIL. In a guest post, Myriam Feinberg reported back from a recent workshop on the future of the 2001 AUMF.

In other guest posts, Abel Knottnerus updates us on recent events in the Kenyatta trial at the ICC, while Alvin Cheung established the international law case for democracy in Hong Kong.

Julian asked whether a US Court can hold another state in contempt under international law, and followed up with further thoughts on the matter. He also discussed how sovereigntist arguments against investor-state dispute resolution are now appearing on both sides of the ideological spectrum in the US.

Finally, Jens analysed the jurisdictional quagmire in the Al Nashiri-case before the Guantanamo military commission

As for our usual features, I wrapped up the international news headlines and listed events and announcements.

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

Weekly News Wrap: Monday, September 29, 2014

by An Hertogen

Your weekly selection of international law and international relations headlines from around the world:

Africa

Middle East and Northern Africa

Asia

  •  Ashraf Ghani Ahmadzai will be sworn in as the new President of Afghanistan later today.
  • Protestors in Hong Kong refuse to withdraw and the use of tear gas by the authorities has created new protests to spring up against Beijing’s new rules imposing strict controls on candidate selection for the next elections.

Europe

Americas

World

Events and Announcements: September 28, 2014

by An Hertogen

Calls for Papers

  • The British Institute of International and Comparative Law (BIICL) is making a worldwide Call for Papers on British Influences on International Law 1915-2015. The Institute is publishing a series of books to commemorate the centenary of the establishment in London of the Grotius Society (a forerunner of BIICL) in 1915. One of these books is on British Influences on International Law in the period from 1915 until today. They invite anyone who has an interest in writing a chapter on an aspect of this topic to submit an abstract for consideration. This invitation extends to established academics, early career researchers, doctoral researchers, those with experience in government and other practice, and anyone else with relevant expertise, whether based in the UK or elsewhere. The authors of the selected papers may be chosen for presentation as part of a seminar series which is likely to be held in the first half of 2015. For further information, please visit their website or contact the project co-ordinator Dr Jean-Pierre Gauci on j [dot] gauci [at] biicl [dot] org.
  • The Refugee Law Initiative (RLI) invites submissions to its Working Paper Series. The series provides for the rapid dissemination of preliminary research results and other work in progress, reflecting cross and inter-disciplinary interests within refugee law and policy, broadly defined. Recent papers have considered integration, detention and smuggling of asylum-seekers, gender-related asylum claims and long-term encampment. RLI Working Papers are prominently displayed on the RLI website as a resource for scholars and practitioners worldwide. Papers must be based on original research, conform to the usual standard of academic publishing, be fully referenced and presented in the standard technical format employed by the series. Papers will be evaluated based on their contemporary relevance, contribution to the field, structure and analytical rigour (submission guide). Papers published in the series may subsequently be published in journals or books provided that an acknowledgement is given to the RLI Working Paper Series. Submissions are considered on a rolling basis. For further information, and to submit a paper please contact the Editor-in-Chief, Dr. Ruvi Ziegler, at r [dot] ziegler [at] reading [dot] ac [dot] uk or ruvi [dot] ziegler [at] law [dot] ox [dot] ac [dot] uk.
  • The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on May 25-26, 2015 in Taipei, Taiwan. The theme of the Research Forum is “Integrating the Asia-Pacific: Why International Law Matters?” Paper proposals should be submitted by January 20, 2015 to ila [at] nccu [dot] edu [dot] tw. The call for papers is available online. Other inquiries can be directed to Pasha Hsieh, co-chair of the Research Forum (pashahsieh [at] smu [dot] edu [dot] sg)

Announcements

  • Hart Publishing is delighted to announce that the first issue, published in August, of the Journal on the Use of Force and International Law (JUFIL) is now available online. Please click here for the table of contents. JUFIL is the first peer-reviewed journal covering all aspects of the law governing the use of force (jus ad bellum), as distinct from other areas of international law relating to security issues, such as International Humanitarian Law or International Criminal Law. From the first issue, Hart Publishing is pleased to make the article by Claus Kreß Major Post-Westphalian Shifts and Some Important Neo-Westphalian Hesitations in the State Practice on the International Law on the Use of Force free to view online. To access this article please click on this link and follow the instructions shown (the introduction is also shown on the PDF download). For subscription rates and details on how to subscribe please click 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: September 20-26, 2014

by An Hertogen

This week on Opinio Juris, JensJennifer Trahan and Julian discussed the international legal basis for the air strikes against ISIS. Jens also analysed why Khorasan is seen as a more immediate threat to the US than ISIS. For more on the US domestic legal basis, check out Deborah’s post with a snippet from her Daily Beast article on the perennial US War Powers fight.

A guest post by Anton Moiseienko gave some insights in Russian scholarship on the legality of Crimea’s annexation under international law.

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

Many thanks to our guest contributors and have a nice weekend