Author Archive for
An Hertogen

Events and Announcements: March 1, 2015

by An Hertogen

Events

  • On Tuesday, 3 MarchOpinio Juris‘ own Kevin Jon Heller will be giving a Supranational Criminal Law Lecture at the T.M.C. Asser Instituut in The Hague entitled “What is an International Crime?” The event starts at 19:00 and seating is on a first-come, first-served basis.

Calls for Papers

  • The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Winter ’15 Issue of the Journal (Vol. 7, No. 2). The manuscripts may be in the form of Articles, Notes, Comments, and Book Reviews. All manuscripts received by September 15, 2015, pertaining to any area within the purview of international economic law, will be reviewed by the editorial board for publication in the Winter ’15 issue. TL&D aims to generate and sustain a democratic debate on emerging issues in international economic law, with a special focus on the developing world. For more information, please go through the submission guidelines available at www.tradelawdevelopment.com or write to editors[at]tradelawdevelopment.com
  • International Law Weekend 2015 (ILW 2015) – the premier international law event of the fall season  – is scheduled for November 5-7, 2015, in New York City.  The event is sponsored by the American Branch of the International Law Association (ABILA) and the International Law Students Association (ILSA). The theme for 2015 is Global Problems, Legal Solutions: Challenges for Contemporary International Lawyers. The ILW Organizing Committee invites proposals to be submitted online on or before Friday, March 20, 2015 via the ILW Panel Proposal Submission Form located here. ILW 2015 is scheduled to be held at 42 West 44th Street on Thursday evening, November 5, and at Fordham Law School at Lincoln Center on November 6 – 7, 2015. For questions regarding ILW 2015, please contact conferences [at] ilsa [dot] org.  2015 ILW Program Committee Members: Chiara Giorgetti (University of Richmond Law School), Jeremy Sharpe (Office of the Legal Adviser, U.S. Department of State), David Stewart (President ABILA, Georgetown University Law Center), Santiago Villalpando (Office of Legal Affairs, United Nations), and Tessa Walker (ILSA).
  • The Canadian Council on International Law’s 44th Annual Conference will take place at the Department of Foreign Affairs, Trade and Development Canada in Ottawa, Canada from November 5 – 7, 2015. This year, the theme is International Law: Coherence or Chaos? International law scholars, practitioners, and graduate students are invited to submit proposals for panels or papers. All proposals should be submitted to manager [at] ccil-ccdi [dot] ca no later than March 20, 2015. More information is available here.
  • The Independent Panel on Global Governance for Health (a collaboration between the University of Oslo and The Lancet medical journal) is preparing a report to be published in The Lancet in 2015. The topic is the implications for health and the social determinants of health of trade and investment treaties, agreements, and negotiation processes. International trade and investment agreements can have major effects – both positive and negative – on people’s health and wellbeing.  These agreements are formalized and interpreted according to legal procedures that are complex and technical. Powerful states and corporations exert a strong influence on the outcome because of the greater resources they bring to the negotiating table. As a result, affected communities and stakeholders may be excluded from the process. The Panel hereby invites submissions of evidence on this topic from all interested parties – academia, civil society, business, public administration etc. Submissions may be in various forms, ranging from peer-reviewed research papers to qualitative or quantitative evidence of the implications for health and the social determinants of health of trade and investment treaties, agreements, and negotiation processes. Also welcome are descriptive essays, personal stories, news and media articles, visual items etc. Submissions should describe the context, methods, and processes involved in gathering the evidence; specific lessons; and wider global lessons. Submissions may also include recommendations for action; these should be as specific as possible, with regard to identified actors, processes etc. Please send your submission to: globalgovhealth-contact [at] sum [dot] uio [dot] no by April 30, 2015.

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. 

Weekend Roundup: February 7-20, 2015

by An Hertogen

This fortnight on Opinio Juris, Kevin recommended an article on China’s proposed broad definition of terrorism, argued that there is no practice supporting the “unwilling or unable” test, and was surprised by the news that David Hicks’ conviction for material support for terrorism has been voided.

Julian questioned whether the Outer Space Treaty allows for private exploitation of the Moon’s resources.

Kristen advanced four reasons why the Security Council’s new Terrorist Financing Resolution is significant, and Jens explained why he remains troubled by the draft proposal to authorise the President to wage war against ISIS.

Other proposals that caught our attention were a proposal to make it easier for some US citizens overseas to renounce their citizenship without facing a hefty tax penalty and Duncan’s proposal (with Tim Mauer)  for a Red Cross-like movement in Cyberspace.

In guests posts this fortnight, Jonathan Horowitz looked into the drafting history of APII to argue that IHL does not regulate NIAC internment and Charlotte Peevers discussed the Chilcot Inquiry (1, 2)

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

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

Weekend Roundup: January 31-February 6, 2015

by An Hertogen

This week on Opinio Juris, Kevin argued that the CIA and Mossad violated the Terrorist Bombing Convention in the 2008 bombing of Imad Mughniyah, Hezbollah’s international operations chief. Kevin also responded to Ryan Goodman’s Just Security post on Serdar Mohammed. A second part of that response is still to come, but Kevin already flagged the ICRC’s November 2014 Opinion Paper on detention in NIAC. Kevin also recommended Jens’ new book, and for the month of February OUP is offering a discount to our readers, so be quick to grab your copy by clicking on the ad on the right.

Kristen wrote about the aims of the new ILA Study Group on Sanctions of which she is a part, and Bill Dodge wrote a guest post about the Solicitor General’s views in Samantar.

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

Have a nice weekend!

Events and Announcements: February 1, 2015

by An Hertogen

Events

  • The Holocaust, Genocide and Human Rights Program at Cardozo School of Law, Jacob Burns Foundation, Rutgers School of Law-Newark, and the Law & Humanities Institute invite you to a symposium at Cardozo School of Law and Rutgers School of Law titled “The Abolition of War” on February 20-21, 2015. More information is here.

Call for Papers

  • The Goettingen Journal of International Law will dedicate Vol. 7 Issue No. 2 to the protection of the atmosphere in international law. The atmosphere is our planet’s largest single natural resource and is vital to the survival of humankind and any life on earth. Therefore, the degradation of the atmosphere’s condition has long been a matter of concern to large segments of the international community. In 2013, the United Nation’s International Law Commission (ILC) took up this issue. Several conventions regulate atmospheric and related issues, yet there is still no coherent legal framework addressing the protection of the atmosphere. The work by the ILC will be the first attempt to derive rules from the current practice of States addressing the atmosphere’s protection. However, the work by the ILC is significantly complicated by the restrained scope of the topic, as the Commission deliberately decided not to deal with, inter alia, questions of liability, the polluter-pays principle, and the principle of precaution. In order to foster and critically accompany the codification and progressive development of the law surrounding the protection of the atmosphere, the Goettingen Journal of International Law, one of Germany’s leading international law publications, will dedicate the second issue of its seventh volume to this topic. The Editors are therefore inviting authors to submit papers on this subject. Submissions from an international law background as well as other disciplines such as international relations, geography, earth sciences, etc. are welcome. Papers will be submitted to a double-blind peer review and should not exceed 15,000 words including footnotes. The deadline for submissions is July 15, 2015. For further information, please contact the Editors at info [at] gojil [dot] eu.

Announcements

  • TDM Journal has issued a special issue on “The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century“. Edited by Mark Feldman (Peking University School of Transnational Law) and Wenhua Shan (Xi’an Jiaotong University) this TDM special addresses key issues facing the Pacific Rim region at a particularly opportune time: a moment when the Pacific Rim region is shaping, to a very significant extent, the international economic law architecture for the 21st century. The special is introduced by J. Christopher Thomas, Q.C.
  • PluriCourts is announcing a position as research professor in political science. More details are available here.

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. 

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!