Author Archive for
An Hertogen

Events and Announcements: July 13, 2014

by An Hertogen

Calls for papers

  • Yale Law School is hosting its 4th Doctoral Scholarship Conference on November 14-15, 2014. The theme for this year’s conference is ‘law and responsibility’. The conference is open to current doctoral candidates, both in law and law-related disciplines, and those who graduated during the previous academic year. The deadline for the submission of abstracts is August 1, 2014. More information is available here and on Facebook.
  • The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Winter ‘14 Issue of the Journal (Vol. 6, No. 2) in the form of Articles, Notes, Comments, and Book Reviews. Manuscripts received by September 17, 2014 pertaining to any area within the purview of international economic law will be reviewed for publication in the Winter ‘14 issue. TL&D has the distinction of being ranked the best journal in India across all fields of law for three consecutive years and the 10th best trade journal worldwide by Washington and Lee University, School of Law. For more information, please go through the submission guidelines available at www.tradelawdevelopment.com or write to the editors.
  • The Utrecht Journal of International and European Law,  is issuing a call for papers in relation to its forthcoming 80th edition on ‘Privacy under International and European Law’. More information can be found here.
  • Melbourne Law School will host the seventh annual Melbourne Doctoral Forum on Legal Theory on December 1–2, 2014. The Forum brings together research students from all academic disciplines to engage with social, political, theoretical, and methodological issues raised by law and legal theory. This year’s workshop challenges participants to think about law legal theory in its transnational and domestic orders and forms through the concept of the borderline. Borderlines constitute the boundaries between and within legal orders. While borders assert their permanency and inviolability, guarding who the law protects and who it disregards, we know that they are contingent, moveable, transient and above all human creations. The word ‘borderline’ evokes many conflicting meanings — sharp divides, permeations and transgression, centre and periphery, the invisibility of some distinctions and the starkness of others, abnormality and a lack of normalcy, and the imprecision and vagueness of resting ‘on the borderline’ — each of which speaks to the relations between different legal orders that take on many forms, all of varying permanency. Where do the borders fall between and within the transnational and domestic, and why? How should we theorise the way the interactions between these orders take place? And how are these borders dealt with in different legal traditions and cultures? More information can be found on the Forum’s website, in the call for papers or on Twitter.

Announcements

  • During a Round Table on 23 May 2014 organized by the Amsterdam Center for International Law (ACIL) and the Amsterdam Centre for European Law and Governance (ACELG) of the University of Amsterdam a number of experts have presented their thoughts on key aspects of Secession within the Union. This has resulted in a collection of think pieces that identify and outline a number of outstanding issues of both public international law and EU law. The integral booklet and/or the individual short essays can be downloaded 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: July 5-11, 2014

by An Hertogen

This week on Opinio Juris, we hosted a symposium on Ian Henderson and Bryan Cavanagh’s paper on Military Members Claiming Self-Defence during Armed Conflict. In a first post, Ian and Bryan discussed when self-defence applies during an armed conflict, while their second post dealt with collateral damage and “precautions in attack”. Their third post addressed prohibited weapons, obedience to lawful commands, and a ‘duty’ to retreat, and summarized the main points of their paper. In their final post, they focused on the concept of unit self-defenceJens Ohlin and Kinga Tibori-Szabó commented.

In our regular posts, Kevin posted Yuval Diskin’s comments on the escalating situation in Israel and the Occupied Territories and pointed out a misrepresentation in ABC’s reporting on the conflict. Julian argued why a Japanese intervention in Taiwan would violate international law, but should still be done if it came to defending Taiwan against a Chinese attack. Peter pointed out three distortions behind July 4 naturalization ceremonies

Finally, Jessica wrapped up the news.

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

Weekend Roundup: June 28 – July 4, 2014

by An Hertogen

This week of Opinio Juris, Chris discussed the significance of Ukraine’s, Moldova’s, and Georgia’s signing of Association Agreements with the European Union. Peter, meanwhile, pointed out two provisions in Canada’s citizenship-stripping legislation of questionable compatibility with international and human rights law, and explained how the US Supreme Court’s Recess Appointments case speaks to foreign relations law.

Jessica wrapped up the news and I listed events and announcements. For further interesting reading over the holiday weekend, the US Department of State has just released the 2013 Digest of U.S. Practice in International Law.

And if you have enough of the FIFA World Cup, maybe Chris’s post on the ConIFA—the competition for teams from unrecognized entities and would-be states may provide an antidote.

Have a nice weekend!

 

Events and Announcements: June 29, 2014

by An Hertogen

Call for papers

  • Professor Julian Killingley and Dr Jon Yorke are calling for contributions to a new volume on “International Law and American Exceptionalism“, to be published in the Ashgate Series: Controversies in American Constitutional Law. This edited collection engages with the controversies surrounding the relationship of international law and American domestic law. It deals with a variety of approaches to the use/restriction/rejection of international law by Congress and the American courts through engaging with international legislation (in both “hard” and “soft” forms) and the increasingly important discourse on international judicial dialogue. The collection will bring together scholarship from different disciplines in analysing this issue, and we encourage contributions from both sides of the American political spectrum. We want to provide a platform for both conservative and liberal approaches to the issue of the utility of international law. The critique supplied can be multidisciplinary, including: legal, sociological, political, psychological and philosophical enquiry. More information is here.

Announcements

  • OGEL has published a new issue, as special on Governance of Unconventional Gas Outside the United States of America. Interested readers can find the editorial and abstracts of the papers 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: June 14-27, 2014

by An Hertogen

This fortnight on Opinio Juris, Kevin and Deborah discussed the OLC’s legal justification of the killing of Anwar al-Awlaki, which Kevin called murder. Kevin then replied to a response by Jamie Orr on the issue of the CIA’s entitlement to invoke the public authority justification. Deborah analysed what procedural protection the Fifth Amendment requires before a citizens can be targeted and discussed the key legal limits on the scope of U.S. targeting authority identified in the memo.

Kevin posted how US drone strikes now also target citizens of US allies, as witnessed by the recent killings of two Australian citizens. More Australians made the blog, as Kevin wrote about Tony Abbott’s mistaken belief that the rule of law would be observed in Egypt’s prosecution of Peter Greste, the Australian Al-Jazeera journalist, and his colleagues.

Kevin also analysed the US self-defence argument in relation to the killing of Abu Khattallah, discussed Fatou Bensouda’s request for the UNSC to investigate the role of UN peacekeepers in covering up crimes in Darfur, and drew our attention to Charles Taylor’s detention situation in the UK, as discussed in his request to be transferred to a prison in Rwanda. Finally, he asked readers for insights on the OTP’s motivations when dropping its appeal against Katanga.

Deborah discussed potential international law obstacles against US airstrikes in Iraq, even at the request of the Iraqi government.

Lest you think this blog has become the Kevin and Deborah show, Kristen wrote about the relevance of Security Council acts for the formation of customary international law.

As always, we listed events and announcements (1, 2) and Jessica wrapped up the news. For those of you in the UK, you can see Kevin in action on Monday night during a LSE roundtable on Syria and international justice.

Have a nice weekend!

Events and Announcements: June 15, 2014

by An Hertogen

Events

  • BIICL is organising an event on ‘Due Diligence: From Rhetoric to Practice’ on Monday June 16, 2014 from 3.00-7.45pm. The event brings together expert speakers from a variety of backgrounds, including lawyers, academics, the private sector and non-governmental organisations. Their expertise will highlight the pertinent aspects of the UN Guiding Principles as a framework for all current approaches in this area as well as their practical implementation. More information and registration is here.
  • The Geneva Academy is holding an events on June 16 on The Situation of Women’s Rights 20 Years after the Vienna World Conference on Human Rights. More information is here.

Announcements

  • Pretoria University Law Press (Pulp) has just published an original book on the highest courts of Brazil, India and South Africa (BISA countries). The book Transformative Constitutionalism: Comparing the Apex Courts of Brazil, India and South Africa, published in December 2013 and now fully available online, is the first scholarly account on how the BISA highest courts manage to implement their respective transformative constitutions, including a critical view on instances where those courts fall short of it. You can read the book 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: June 7 – 13, 2014

by An Hertogen

This week on Opinio Juris, Kevin had a chuckle at Libya’s newest excuse why it missed the deadline for filing submissions to the ICC. He also called your attention to the work of Breaking the Silence, an Israeli NGO collecting testimonials from IDF on the treatment of Palestinians in the Occupied Territories.

Deborah discussed ongoing confusion between al Qaeda and ISIS, and the wider implications of such confusion for war policy decisions.

Julian wrote about the PR battle between China and Vietnam on the South China Sea and posted a link to his and John Yoo’s Forbes piece criticizing Bond v United States as a missed opportunity. In other treaty-related news, Duncan wondered how significant a new protocol to the ILO Convention on Forced Labor would be.

Michael Ramsey wrote a guest post on the latest round over the battle between Argentina and its bondholders over the application of the FSIA, and Chris closed the week with a tribute to Andreas Lowenfeld who passed away on June 9.

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

Have a nice weekend!

Weekend Roundup: May 24 – June 6, 2014

by An Hertogen

This fortnight on Opinio Juris, we discussed the US Supreme Court’s decision in Bond v United States. Peter argued how the Court ducked the question about the federal treaty power and provided a Bond cheat sheet. A guest post by Jean Galbraith focused on the notable silences in the Bond opinions, and David Golove and Marty Lederman described the outcome as stepping back from the precipice.

Kevin reminded readers about the ICRC’s free database of customary international humanitarian law and posted links to the ICRC’s President lecture to the Foreign and Commonwealth Office. He warned that a UNGA-created non-consensual hybrid tribunal on Syria could backfire against the US, and raised two problems with the polling questions of a recent study of Pakistani attitudes towards drone strikes.

Kristen updated us on the new briefs filed in the Haiti Cholera case, and on the launch of a high level sanctions review at the UN, while Chris discussed the many hurdles in the path of the Eurasian Economic Union.

As always, Jessica wrapped up the news (1, 2) and we listed events and announcements (1, 2). In other news, Kevin announced how he is joining Doughty Street Chambers as an Academic MemberJulian wished all the best to former Washington University law professor Peter Mutharika who was named Malawi’s new President; and Chris posted the search announcement for a new Executive Director at ASIL. Our New York based readers may also want to attend the Human Rights Film Festival starting next week.

Thank you to our guest contributors and have a nice weekend!

Events and Announcements: June 1, 2014

by An Hertogen

Calls for Papers

  • Following a successful conference organised by the Qatar University, College of Law and the Qatari Branch of the ILA on the Syrian Crisis and International Law they now plan for a special issue of the International Review of Law on the same theme.  To this end, they are looking for contributions discussing: public international law, including collective security and the use of force as well as papers exploring the applicability of the Responsibility to Protect theory; international humanitarian law and international human rights law including the relationship of the two bodies of law in the Syrian context; international criminal law – procedural and substantive aspects; refugee protection and the international ramifications in the Arab region. The International Review of Law is a bilingual (English & Arabic content), open-access, peer-reviewed international law journal published by QScience.com. Those interested in contributing are requested to respond to this call for papers by sending in their submissions by August 15th, 2014. More information is here.
  • The University of Virginia School of Law’s Human Rights Program and the Virginia Journal of International Law are calling for papers for the Virginia Law Human Rights Student Scholars Writing Competition (HRSSWC). This global competition is designed to encourage student scholarly inquiry into human rights topics and afford emerging student scholars an opportunity to develop their research and contributions by interacting with Virginia’s pre-eminent international law faculty. The HRSSWC welcomes all student papers relating to human rights law from current J.D., LL.M., and S.J.D. students from the United States and abroad. May 2014 graduates may also submit papers written as part of their law school curriculum. Entrants are encouraged to view this topic broadly, submitting any work that furthers understanding of a substantive area of human rights law. The student author of the top paper will receive a cash prize of $500 and expedited consideration for publication in the Virginia Journal of International Law. Additionally, the winning author will be invited to present his or her paper at a special Human Rights Student Scholars Workshop involving Virginia’s international law faculty, VJIL editors, and Virginia law students. The deadline for submission is June 27, 2014. More information is here.
  • The Russian-Armenian (Slavonic) University (RAU) in cooperation with the International and Comparative Law Center and the Delegation of the International Committee of the Red Cross (ICRC) in Armenia announce the 7th Yerevan International Conference for Young Researchers on International Humanitarian Law, which will be held from October 30 to November 1, 2014 in Yerevan, Republic of Armenia and will be dedicated to the 150th anniversary of adoption  of the First Geneva Convention. Young researchers in the field of IHL under the age of 35 are invited to take part in the Conference participants pre-selection process. In order to apply the applicants should complete the application form by September 14, 2014 and submit a research paper strictly within the scope of the announced conference topics presented in the Call for papers. See also the Conference’s Facebook page.

Events

  • On 14 June 2014, Edge Hill University (UK) is hosting an international conference titled “The ‘Cross-Fertilization’ Rhetoric in Question: Use and Abuse of the European Court’s Jurisprudence by International Criminal Tribunals”. Speakers will discuss the outcomes of the presentations made by the participants in a workshop held at Edge Hill the day before. The main purpose of this initiative is to critically assess the manner in which human rights standards developed by the European Court of Human Rights have been used (or misused) by international criminal tribunals. The programme is here.
  • On Friday 20 June 2014 the Society of Legal Scholars International Law Section and the British Institute of International and Comparative Law will co-host the 23rd Conference on Theory and International Law. The theme of this year’s conference is Sovereignty in the 21st Century. This conference will address aspects of both the theoretical and practical dimensions of sovereignty in the 21st century. Further details (including a link to the conference programme) are available here.
  • To commemorate the 150th anniversary of the first Geneva Convention, the Geneva Academy is holding a panel on Challenges Raised by Increasingly Autonomous Weapons on June 24, 6-8pm, at the Maison de la Paix, rue Eugène-Rigot 2 in Geneva. More information is here.
  • The Academy on Human Rights and Humanitarian Law at American University’s Washington College of Law is organizing various panels for its 2014 Human Rights Month. For those of you outside DC, you can watch the panels via live webcast here.
  • From June 27-28, 2014, Bangor Law School and the Bangor Centre for International Law will host a conference on proof in international criminal trials, kindly supported by the British Academy. You can find the programme here, and register online here.

Announcements

  • Oil, Gas & Energy Law has issued a special issue on the Energy CommunityEnergy Community is the primary instrument in EU external energy policy. The large number of contributions to this special on the Energy Community edited by Dr Dirk Buschle (Deputy Director and Head of Legal of the Energy Community Secretariat) illustrate the diversity and complexity of the topic. Instead of providing a coherent account of where the Energy Community stands today, this special provides numerous tie-ins for the future debate. It provides for an inspiring reading on the current issues and future options for the Energy Community.

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 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!