Author Archive for
An Hertogen

Weekend Roundup: May 17 – 23, 2014

by An Hertogen

This week on Opinio Juris, Duncan shared his initial reactions on the DOJ charges against Chinese military officials over cyberespionage targeting US industries and Chimène Keitner examined the indictments from the perspective of foreign official immunity.

Julian looked into the aftermath of China’s decision to move an oil rig to a disputed area of the South China Sea. He argued that Taiwanese investors might be better off invoking the China-Vietnam BIT rather than the Taiwan-Vietnam Investment Promotion and Protection Agreement to claim compensation following anti-Chinese riots, and discussed what form Vietnam’s reported legal action could take.

ICC news came from Kevin and Kristen, with Kevin updating us on a constitutional amendment before the Ukrainian Parliament that would enable ratification of the Rome Statute, and posting a quote from Judge Van den Wyngaert’s dissent in Katanga in anticipation of Katanga’s sentencing. Kristen discussed the implications of Security Council veto on the referral of the situation in Syria to the ICC.

Guest posts this week touched upon a variety of topics: Christopher Gevers reported back from this week’s hearings at the South African Constitutional Court in a landmark universal jurisdiction case involving alleged crimes against humanity committed in Zimbabwe in 2007. Tyler Cullis, meanwhile, reviewed to what extent the US would be legally and politically able to ease sanctions against Iran as part of a nuclear deal. In the last guest post of the week, Gabor Rona commented on the recent Serdar Mohammed v Ministry of Defence case on detention in a non-international armed conflict.

Finally, Deborah shared her views on the Senate Foreign Relations Committee’s hearings on the AUMF, and as every week, you could also count on us to wrap up the news and list events and announcements.

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

 

Events and Announcements: May 18, 2014

by An Hertogen

Call for Papers

  • The Dennis J. Block Center for the Study of International Business Law will sponsor a Scholars’ Roundtable on October 10, 2014 at Brooklyn Law School.  Scholars writing in a diverse range of fields related to international business law are invited to submit proposals to present works in progress for an intense day of discussion with other scholars in the field.  Participants will be expected to read all papers in advance of the Roundtable and offer commentary on each of the presentations. Scholars selected for the Roundtable will receive a $500 stipend from Brooklyn Law School to defray the cost of attendance.  Applicants should submit a 3-5 page proposal to Robin Effron by June 13, 2014. Scholars selected to present at the Roundtable will be notified by June 30, 2014.
  • The call for papers by the ASIL International Economic Law Interest Group for its 2014 Biennial Research Conference, to be held at the University of Denver’s Sturm School of Law, on November 13-15, 2014 has been extended until June 30. The theme of the conference is “Reassessing International Economic Law & Development: New Challenges for Law & Policy”. They strongly encourage scholars, practitioners, and advanced graduate students to submit proposals to present original research on the theme topic, or on other areas of international economic law. You do not have to be an ASIL or Interest Group member to participate. The full call for papers can be downloaded here. Please contact IEcLIG Co-Chairs Jason Yackee & Elizabeth Trujillo with any questions.

Events

  • The European Society of International Law (ESIL), together with the law firm Stibbe, will co-organize a lunctime lecture entitled: Ethics in International Disputes. This lecture will be delivered by Judge Jean-Pierre Cot, Judge at the International Tribunal for the Law of the Sea and former ad hoc Judge at the International Court of Justice, on Tuesday, 3 June 2014, 12h00 at the office of Stibbe, Central Plaza, Loksumstraat 25 Rue de Loxum, 1000 Brussels. Judge Cot’s address will be followed by comments in response by Françoise Lefèvre, Partner and Global Head of Arbitration at Linklaters in Brussels. Opening and closing remarks will be provided by ESIL President Laurence Boisson de Chazournes, Kathleen Claussen, ESIL member, and Bart Volders, Partner at Stibbe. A light sandwich lunch will be available. There is no cost to attend, but registration is required as space is limited. Please register here by May 27, 2014.
  • ALMA and the Radzyner School of Law of the Interdisciplinary Center (IDC) would like to invite you to the next session of the Joint International Humanitarian Law Forum. The session will be held on Wednesday, May 28, 2014, 18:30 in room C110 (Arazi-Ofer Building, 2nd floor) in the IDC. Topic of the session is The Palestinian Accession to IHL Treaties. Professor Robbie Sabel and Keren Michaeli are the discussants. More information is here

Announcements

  • PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo – has advertised three postdoctoral positions: one in international criminal law, one in international environmental law and one in international investment tribunals. More information is here.
  • The Department of Law at NUI Maynooth invites applications for two Professor/Senior Lecturer positions in law. Applications close on May 22, 2014. More information is here.
  • The Editorial Board of the European Journal of International Law is delighted to announce the launch of the Journal’s official podcast, EJIL: Live! Regular episodes of EJIL: Live! will be released in both video and audio formats to coincide with the publication of each issue of the Journal, and will include a wide variety of news, reviews, and interviews with the authors of articles appearing in that issue. The first video episode features an extended interview between the Editor-in-Chief of the Journal, Joseph Weiler, and Maria Aristodemou, whose article “A Constant Craving for Fresh Brains and a Taste for Decaffeinated Neighbours” appears in issue 25:1. The first audio episode features a shorter, edited version of the same interview, as well as conversations with the Journal’s Book Review Editor, Isabel Feichtner, and the Editors of EJIL: Talk!, Dapo Akande and Marko Milanovic.
  • The American Society of International Law’s (ASIL) Women in International Law Interest Group (WILIG) is now launching the second year of its mentoring program for ASIL and WILIG members, matching female law students or new professionals with experienced female international lawyers. This mentoring program is the first of its kind in the international law arena and is designed to foster a new generation of female international lawyers. The first year was a great success, with mentoring groups operating across the United States, and reaching around the world to Canada, Geneva, The Hague, and London. The Program is not designed to match mentees to a mentor with her exact areas of interest, but is rather designed to provide the mentee with general guidance and advice that she can individuate.  When possible, ASIL will try to match mentees to mentors with similar interests.  Mentoring takes place in a group setting, with a maximum of four mentees for every mentor.  Mentors and mentees meet in person seven times during the course of a year to discuss topics and engage in activities designed to help women enter and be successful in the field of international law.  Upon finishing the requirements of the one-year program, all mentees receive a certificate of completion. 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: May 10-16, 2014

by An Hertogen

This week on Opinio Juris, the NYU Journal of International Law and Politics brought you a symposium on Professor Jedidiah J. Kroncke’s article Property Rights, Labor Rights and Democratization: Lessons From China and Experimental Authoritarians. In their comments, Cynthia Estlund looked at parallels with the US, Eva Pils pointed to a discrepancy in transnational civil society’s concern for labour and evictee rights in China, and John Ohnesorge reflected on why labor issues have not received much attention in the world of law and developmentJedidiah Kroncke’s response can be found here.

Kevin added the Security Council’s refusal to pay for any expenses related to an ICC investigation in Syria as another reason to be skeptical about the likelihood of a referral. More on Syria in a two-part guest post by Naz Modirzadeh who responded to the open letter to the UN on humanitarian access to Syria.

Deborah shared her opinion on the Al Nashiri case and the question whether an armed conflict existed. In another guest post, Ezequiel Heffes offered four arguments why international humanitarian law covers detention in non-international armed conflicts.

Finally, Duncan looked at the US job market for international law academics, and Peter wondered if an “anti-passport” could be helpful to deal with the FATCA woes of potential Americans overseas.

As every week, Jessica wrapped up the news and listed events and announcements.

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

Weekend Roundup: May 10, 2014

by An Hertogen

A busy week on Opinio Juris with a book symposium on Just Post Bellum-Mapping the Normative Foundations. Kristen introduced the great definitional debate on the meaning of “just post bellum” (JPB). Jens Iversion contrasted JPB with transitional justice and Ruti Teitel discussed JPB as transitional justice. Jens Ohlin argued in his post that ideas about omission liability are stumbling blocks towards the acceptance of JPB. Where Eric de Brabandere offered a normative critique of JPB in international law, James Gallen was more optimistic that there was value in an interpretative conception of JPB. Jennifer Easterday focused on peace agreements as a framework for JPB, and Christine Bell explored the dynamics that have led to all these overlapping conceptualisations of international law’s role in post-conflict situations. Cymie Payne discussed the concept of environmental integrity central to her chapter and Dov Jacobs explained the thinking behind his chapter on the central role of sovereignty in JPB. Greg Fox shared his thoughts on how JPB discussions can navigate the unilateral/multilateral divide. James Pattison examined who has a duty to rebuild after a war and Carsten Stahn finished the symposium with a post on JPB and the ethics of care.

The Al-Nashiri prosecution also attracted commentary with Kevin expressing surprise at Judge Pohl’s order that hazarding a vessel is a war crime and arguing that the attack on the USS Cole did not take place in an armed conflict. David Frakt also wrote a guest post on the existence of an armed conflict in the Al-Nashiri case.

In another guest post, Hayk Kupelyants advanced an alternative interpretation of pari passu clauses.

Of our other regular bloggers, Julian discussed how Colombia’s Supreme Court had apparently followed the US Supreme Court’s lead in denying that ICJ judgments are self-executing under domestic law, and Peter evaluated the looming constitutional challenge against the Foreign Account Tax Compliance Act.

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

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

Events and Announcements: May 4, 2014

by An Hertogen

Events

  • The Inter-American Affairs Committee of the International Law Section, the International Dispute Resolution Committee of the International Law Section and the Inter-American Bar Association are sponsoring a DC Bar Lunchtime Conference on “Property Rights Protection in the Americas: the Non-Arbitration Options“, this Tuesday May 6, from 12-2pm at WilmerHale in Washington DC. More information and registration is here.

Call for Papers

Last week’s events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us.

Weekend Roundup: April 26-May 2, 2014

by An Hertogen

This week on Opinio Juris, Duncan posted an abstract to a book chapter arguing that IHL should adopt a duty to hack. He also argued that reports of the death of treaties are greatly exaggerated.

Peter marked May Day with a post on global consciousness of the non-elites; Kevin argued that the PTC II is not treating defence attorneys fairly; Julian wrote about Florida’s narrow ban on foreign law; and Ryan Scoville contributed a guest post on de jure and de facto recognition as a framework for Zivotofsky.

Finally, Jessica wrapped up the news and listed events and announcements. Kristen also publicized the call for this year’s ASIL Mid-Year Research Forum.

Have a nice weekend!

Weekend Roundup: April 19-25, 2014

by An Hertogen

This week on Opinio Juris, we teamed up with EJIL:Talk! to bring you a transatlantic symposium on Karen Alter’s book The New Terrain of International LawYou can find Karen’s introduction to her book here, followed by comments by Tonya Putnam, Roger Alford and Jacob Katz Cogan. Karen’s reply is here.

Other guests this week were Paula Gaeta who explained why she is not convinced by the ICC’s latest decision on President al-Bashir’s immunity from arrest, and Mike Ramsay who discussed Argentina v. NML Capital and the FISA.

Deborah commented on Steve Vladeck’s essay on post-AUMF detention and posted a surreply to his response over at Just Security

Peter looked at Courts’ involvement in foreign affairs following the US Supreme Court’s decision to accept the Jerusalem passport case on the merits.

Julian explained why in his opinion the Marshall Islands’ US complaint and ICJ applications against the world’s nuclear powers is not going to get very far.

Kristen argued that if we want more effective multilateral sanctions, we should examine not just the design of sanction regimes, but also their termination.

Finally, Jessica wrapped up the news and I listed events and announcements. To all our junior readers out there, there is now less than a week to enter an abstract for our second Emerging Voices symposium.

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

Emerging Voices Deadline Approaching!

by An Hertogen

To all doctoral students and early career academics or professionals who would like to contribute to our blog in July or August, remember that applications for our second Emerging Voices symposium are still open until May 1. We’d love to hear from you!

More information is here.

Joint Opinio Juris-EJIL:Talk! Book Symposium this week

by An Hertogen

This week we are working with EJIL:Talk! to bring you a symposium on Karen Alter‘s (Northwestern) book The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press). Here is the abstract:

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics.

The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power–the power to speak the law–translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

From our side, Tonya Lee Putnam (Columbia – Political Science) and Jacob Katz Cogan (Cincinatti – Law) will provide comments, followed by Karen’s response.

Across the Atlantic, comments will be provided by Antonios Tzanakopoulos (Oxford) and Nico Krisch (IBEI).

As always, we welcome readers’ comments!

Events and Announcements: April 20, 2014

by An Hertogen

Call for Papers

  • The European Society of International Law Interest Group on Peace and Security (ESIL IGPS) and the Research Project on Shared Responsibility in International Law (SHARES Project) organize a joint symposium to be held in conjunction with the 10th ESIL Anniversary Conference in Vienna, Austria, on September 3, 2014. The symposium is entitled “The Changing Nature of Peacekeeping and the Challenges for Jus ad Bellum, Jus in Bello and Human Rights” and it will discuss whether there indeed is a major shift in UN peacekeeping practice and will explore important questions of international law raised by these new practices. We would like to invite candidates to submit a 500 words abstract proposal via email to Prof. Theodore Christakis and Dr. Ilias Plakokefalos by May 4. The proposal should also include the author’s name and affiliation, the author’s brief CV and the author’s contact details, in a single pdf document. Successful applicants will be informed by May 15. More information is available here.

Events

  • ALMA and the Radzyner School of Law of the Interdisciplinary Center (IDC) invite you to the next session of the Joint International Humanitarian Law Forum on April 30, 2014, 18:30 in room C110 (Arazi-Ofer Building, 2nd floor) in the IDC. Prof. Eugene KontorovichDr. Daphne Richemond-Barak and Dr. Ziv Bohrer will discuss the Crimean Peninsula & IHL. Following the presentations, there will be an open round table discussion.
  • Professor Harold Koh will be giving this year’s Clarendon lectures at the University of Oxford, speaking about Law and Globalization. The lectures are open to everyone and will take place over three evenings: Tuesday May 6, 5-6:30pm in the Pichette Auditorium, Pembroke College, followed by a drinks reception in the foyer by the auditorium 6:30-7:30pm; Thursday May 8, 5-6:30pm, The Gulbenkian Lecture Theatre, Faculty of Law, St Cross Building: Tuesday May 13, 5-6:30pm, The Gulbenkian lecture theatre, Faculty of Law, St Cross Building.
  • The T.M.C. Asser Instituut is offering five different summer programmes this summer: June 2 – 25: Summer Law Program on International Criminal Law and International Legal Approaches to Terrorism; June 30 – July 4: Summer Programme on International Sports Law: Is Sport Playing by the Rule of Law?; August 25 – 29: Advanced Summer Programme on Countering Terrorism in the Post 9/11 World: Legal Challenges and Dilemmas; August 25 – 29: Summer Programme on International & European Environmental Law: Facing the Challenges?(New in 2014!); September 1 – 5: Summer Programme on Disarmament & Non-Proliferation of Weapons of Mass Destruction in a Changing World (Scholarships available!). More information is available here.
  • The Interest Group on Migration and Refugee Law of the European Society of International Law, the Centre for Migration Law of the Radboud University Nijmegen and the Amsterdam Center for International Law of the University of Amsterdam are pleased to announce Heading to Europe: Safe Haven or Graveyard?, a panel discussion on migration by sea in the Mediterranean. The panel discussion will be held on 16 May 2014 at the Radboud University Nijmegen. For more information and registration visit the website.
  • The Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS) welcomes applications for its Sixteenth Summer Session, “International Criminal Law at the First World War Centenary – From Consolidation Towards Confrontation?”, Sunday 3 to Friday 15 August 2014. The SLS is a two-week summer programme aimed at postgraduate students, young academics and practitioners. This year’s session will scrutinize principles and procedures of international criminal law, their origins and contemporary challenges to their enforcement. In this context, there will be a special thematic focus on the principle of irrelevance of official capacity under international customary law and the Rome Statute of the International Criminal Court (ICC) as well as on controversies stemming from the Court’s cases against sitting heads of States, proposed changes to the Rome Statute and policy considerations determining the selection of situations and cases. Other topics include the Kampala amendments to the Rome Statute, the rights of the defence in international criminal proceedings, the role of international investigation commissions, as well as recent decisions and judgements of the ICC and the ICTY. Further information on the academic programme and a preliminary list of speakers are available here. The application period ends on Friday May 9, 2014.
  • The Geneva Academy of International Humanitarian Law and Human Rights is offering an International Weapons Laws Course, in Geneva from August 4-29, 2014. 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.

Weekend Roundup: April 5-18, 2014

by An Hertogen

This fortnight on Opinio Juris, Julian examined whether the US could legally deny Iran’s new U.N. Ambassador a visa to New York and provided his take on the three main arguments in favor of the visa denial. In a rare instance, Kevin agreed with Julian and elaborated with a post on the security exception in the UN Headquarters’ Agreement.

David Rivkin and Lee Casey surprised Julian with their calls to deploy “lawfare” against Russia. More surprises for Julian arose out of the U.S. District Court for the Southern District of New York’s decision to revive the In re South Africa Apartheid Litigation under the ATS.

In other posts, Kristen wondered how the current gap in international law on the protection of disaster refugees could be filled; Roger discussed the emerging trend of relying on investment arbitration to enforce international trade rights; Craig Allen contributed a guest post on the principle of reasonableness applied by ITLOS in the M/V Virginia G case; and Kevin shared his thoughts on Ukraine’s ad hoc self-referral to the ICC.

Duncan announced the Oxford Guide to Treaties he edited is now available in paperback, and welcomed the publication of a papers presented at a Temple workshop on the writings of Martti Koskenniemi.

As always, we listed events and announcements (1, 2) and Jessica wrapped up the news (1, 2).

Have a nice weekend!

Events and announcements: April 6, 2014

by An Hertogen

Event

  • The United Nations Law Committee of the International Law Association, American Branch, along with The George Washington University Law School, invite you to a brownbag lunch panel on Treaty Survival on Wednesday, April 9, 2014, 1:00 – 2:15 PM in the Moot Court Room, The George Washington University Law School, 2000 H St. NW, Washington DC, 20052. This panel will address the effectiveness of treaties over time, with particular emphasis on the adaptability of treaties to present-day challenges. Can existing treaties, including those of fundamental doctrinal significance, such as the Geneva Conventions or the Treaty on the Non-Proliferation of Nuclear Weapons, remain effective in an era of rapid change? Can contemplated or future agreements that seek to address evolving areas about which incomplete information exists, such as nanotechnology, geoengineering, synthetic biology, cyberspace and weapons systems, remain relevant and responsive over time? What tools enable international lawyers to assist the international community in addressing these questions? Panellists are our own Duncan Hollis, as well as Sean Murphy, Georg Nolte and Arnold Pronto.

Calls for Papers

  • TDM is calling for a special issue on dispute resolution from a corporate perspective that seeks to widen and deepen the debate on issues that are central to the efficient management of disputes from a corporate perspective. They seek contributions related to dispute management, commercial dispute resolution, managing the cost of dispute resolution, and the future of commercial dispute resolution, but welcome other relevant contributions as well. The editors of the special are: Kai-Uwe Karl (General Electric), Abhijit Mukhopadhyay (Hinduja Group), Michael Wheeler (Harvard Business School) and Heba Hazzaa (Cairo University). Publication is expected in October 2014. Proposals for papers should be submitted to the editors by July 31, 2014. Contact details are available on the TDM website.

Announcements

  • The ICRC has launched its first Research & Debate Cycle on New Technologies and the Modern Battlespace. In recent years, a wide array of new technologies has entered the modern battlefield, giving rise to new methods and means of warfare, such as cyber attacks, armed drones and robots.  While there can be no doubt that IHL applies to them, applying pre-existing legal rules to new technologies may raise the question of whether the rules are sufficiently clear in light of the new technologies’ specific characteristics and foreseeable humanitarian impact. Each of these new technologies raises a host of issues, which the first Research & Debate Cycle proposes to discuss. From March to June 2014, several public events will be organized around the globe, with a view to answering several objectives: connecting academics and researchers on international humanitarian law, scientists, military representatives, human rights lawyers, policy-makers and practitioners;  facilitating discussion, exchange of knowledge and new ideas in relation to the theme of the cycle; ensuring a global outreach, through the involvement of relevant ICRC delegations and contacts in the field; proposing multi-disciplinary solutions to the questions identified. On March 25, the inaugural panel presented the various ethical, legal, scientific, and military issues that new technologies raise for humanitarian law and action, and which the subsequent events will strive to answer. The recording of the panel, as well as several interviews with the speakers, is now available here.
  • The EIUC Venice School of Human Rights will run from June 27 to July 5, 2014 and is accepting applications until May 15, 2014. The EIUC Venice School of Human Rights will update participants on the state of the art debate on human rights issues and stimulate their reflection on the current challenges faced by human rights actors worldwide. After an introduction on current challenges, participants will have the opportunity to learn more about one of these 3 selected topics “Business and Human Rights”, “The Internationalisation of Migration Law and the Role of the EU” and “Freedom of Expression and Assembly Online”. The EIUC Venice School combines theory and practice and its faculty involves internationally recognised academics and practitioners. Prof. Martin Scheinin, former UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, and Prof. William Schabas from the University of Middlesex will open the Venice School 2014. Check herefor the full programme details.

Last week’s events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us.