Author Archive for
An Hertogen

Events and Announcements: September 8, 2013

by An Hertogen

Calls for Papers

  • A workshop on Sociological Inquiries into International Law will take place at the London School of Economics on May 16, 2014. The aim of this workshop is to help bring contemporary international law scholarship into a closer conversation with a number of inspiring and theoretically rich literatures on law and markets deriving from traditions of thinking within sociology and anthropology. Abstracts of no more than 300 words should be sent to Sungjoon Cho by November 1, 2013. More information can be found here.

Events

  • On 19 September 2013, at the T.M.C. Asser Instituut in The Hague, Professor James Crawford will give a lecture entitled Individual and Collective Responsibility of States for acts of International Organizations on the occasion of the publication of his new book State Responsibility. The General Part (Cambridge University Press 2013) as part of the SHARES/ESIL Lecture Series. More information can be found here. The event is free of charge, but you must register (e-mail shares-fdr [at] uva [dot] nl) to attend.

Announcements

  • The T.M.C. Asser Instituut is looking to appoint a full-time (38 hours per week) Senior Researcher in International and European Sports Law to join its dynamic and multinational research team. As an active member of this Sports Law team, the Senior Researcher will contribute to the acquisition, development and carrying out of (new) research projects and initiatives in close collaboration with the cluster coordinator. More information can be found here. Applications are due before October 15, 2013.
  • The Board of Directors of the Council of American Students in International Negotiations (CASIN) is accepting applications for the position of Editor-in-Chief of Eyes on the International Criminal Court (Eyes), its flagship academic journal on the International Criminal Court. Junior faculty, postdoctoral fellows, PhD candidates, law school graduates, and advanced graduate students are especially encouraged to apply. Please note that this is a volunteer and virtual position. To apply, please submit a letter of interest, a resume/CV, 1 writing sample of approximately 15,000 words, and 3 references to publications [at] americanstudents [dot] us. In the subject line please include: Eyes EIC, [your last name]. Applications will be reviewed on a rolling basis, and the deadline is Monday, September 16, 2013. More information is here.
  • A research position has recently become available as part of the International Committee of the Red Cross (ICRC) – British Red Cross cooperation to update the practice collection underpinning the ICRC’s study on customary IHL. The position is based at the Lauterpacht Centre for International Law at the University of Cambridge. More information can be found 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: August 24-30, 2013

by An Hertogen

This week on Opinio Juris, the possible intervention in Syria  took centre stage. Julian rounded up statements by the UK, Russia and France on the legality of a military intervention without UN authorization, and declared that the doctrine of humanitarian intervention suffered a massive blow when the UK House of Commons rejected a resolution on military strikes. Deborah discussed why the doctrine of humanitarian intervention cannot provide legal support for US context. In the US context, Julian wondered why President Obama takes a different position from candidate Obama on the need for congressional authorization.

Kevin provocatively asked what sets chemical weapons apart from conventional weapons that makes their deployment a relevant factor for intervention. Kevin also argued why the UNSC cannot ask the ICC to investigate only the crimes committed by the Assad regime, and pondered the ICC’s options should the UNSC make such a referral anyway. He also referred to a post by Bill Schabas on the dynamic interpretation of the Rome Statute to include chemical weapons, and posted this tumblr as an accurate depiction of his position.

On August 28, Roger marked the 50th anniversary of Martin Luther King’s “I Have a Dream” speech, whereas Chris joined the Peace Palace‘s 100th birthday bash. While in The Hague, Chris visited the Permanent Court for Arbitration which will handle the Philippines-China arbitration. Chris had further visits scheduled with the ICC and the Special Tribunal for Lebanon, and will report more about those visits in the next few days.

In international courts related news, Julian wondered whether recent comments by Colombia’s Vice President indicated that Colombia was set on ignoring the ICJ ruling in its dispute with Nicaragua, and Kevin shared his thoughts on Judge Harhoff’s disqualification in the Seselj case.

In our Emerging Voices symposium, Drew Cohen examined Botswana’s call on the South African Development Community to examine election fraud in Zimbabwe; Matiangai Sirleaf advocated a thicker conception of justice that would include issues of distributive justice in transitional justice efforts; and David Attanasio proposed a change to the Inter-American Human Rights system to deploy it in the fight against drug cartels and other militarized criminal organizations in Latin America. Efrat Bouganim-Shaag and Yael Naggan finished the week with a post on peace-time crimes against humanity and the ICC.

Peter posted about international law on Twitter, and looked for our 5000th follower (we’ve reached that milestone since!).

Finally, as always, we listed events and announcements and Jessica provided you with her weekday news wraps.

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

Events and Announcements: August 25, 2013

by An Hertogen

Events

  • Applications for the 2014 Workshop of the Institute for Global Law and Policy will close on September 15, 2013. The workshop will take place from January 3-11, 2014 in Doha, Qatar. More information is here.

Calls for Papers

  • The ASIL International Law in Domestic Courts Interest Group Conference will hold its annual paper conference on Friday, December 6, 2013 at Yale Law School. Proposals to present should be sent by Friday, September 6to interest group co-chairs Chimene Keitner and David Moore, who will select five or six for the conference. Preference will be given to papers authored by people who have not presented at the conference in the recent past, and to papers that focus on U.S. domestic courts, but they are open to all proposals. The final paper will need to be circulated to the attendees not later than November 22, which is two weeks beforehand. Additional information for those wishing to attend the meeting is available on the interest group website.
  • International Law Reseasrch, a double-blind peer-reviewed journal published by the Canadian Center of Science and Education is calling for papers on public international law, private international law, supranational law, comparative law, transnational law and environmental law. You can find the journal’s profile and submit manuscripts online via its website or you can e-mail your paper. Its submission guide can be found 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: August 17-23, 2013

by An Hertogen

This week on Opinio Juris, Harold Koh, Bill Dodge and Hannah Buxbaum wrote an obituary for Professor Detlev Vagts, who passed away on August 20.

As part of our ongoing Emerging Voices symposium, Peter Stockburger provocatively asked whether the R2P doctrine is the greatest marketing campaign international law has ever seen? Tamsin Paige shared some of the findings of her field work on piracy enforcement in the Seychelles. Laura Salvadego discussed the obligation to protect witnesses in the fight against transnational organized crime, whereas Sven Pfeiffer examined the feasibility of an international convention to ensure cooperation in the domestic prosecution of international crimes. HJ van der Merwe discussed the transformative influence of international criminal law on domestic law, and looked at the South African experience post-Apartheid.

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Events and Announcements: August 11, 2013

by An Hertogen

Announcements

  • The Goettingen Journal of International Law, Europe’s first student-run peer-reviewed journal in the field of international law, has released a special Issue on “The Law and Politics of Indigenous Peoples in International Law“. The eight selected articles are available on www.gojil.eu. A completely modernized version of the journal’s web page was launched in July, too.

Calls for Papers

  • The Goettingen Journal of International Law is accepting submissions addressing general international law as well as contributions emanating from specialized branches of international law such as international criminal law, international humanitarian law, or international economic law. Submissions are classified as general articles consisting of about 15.000 words or articles on current developments consisting of about 6,000 to 15,000 words. Contributions are generally published within six months after their submission.
  • The Goettingen Journal of International Law has also issued a special call for papers for its Annual Student Essay Competition. This year’s topic is Principles of International Criminal Law. The deadline is November 15, 2013. More information is here.
  • The AALS Section on International Law has issued a call for papers for its program at the AALS 2014 Annual Meeting in New York City. The topic is International Law-Making and the United Nations. The call is here and the deadline for submission is September 10, 2013.
  • The Faculty of Law of the University of Trento (Italy) is organizing a Young Scholars Workshop on the decolonization of Africa under international law, entitled “Africa 2013 – Was There Something Missed in the Decolonization Process? The International Law Perspective“. Fifty years after the establishment of the OAU, the goal is to address the fundamental research question of whether and to what extent formal independence has released African States from patterns of dominance by former colonial powers. The Workshop will take place on December 6-7, 2013 and will be divided into four sessions: a) Use of Force; b) International Economic Law; d) International Criminal Justice and Human Rights; e) Circulation of Legal and Institutional Models. The deadline for the submission of abstracts is September 22, 2013. 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: August 3-9, 2013

by An Hertogen

This week on Opinio Juris, Kevin marvelled at Libya’s flexible approach to time. He also posted NASA’s visualization of the warming world since 1880, which Chris followed up on with a discussion of a recent report linking climate change to a surge in armed conflicts.

In our Emerging Voices series, Gilad Noam discussed three ways of conceptualizing admissibility challenges at the ICC, and the implications for the burden and standard of proof. Robert C. Clarke submitted that perpetration by means can exist in consonance with customary law rather than in spite of itAqsa Mahmud compared the different role and the limits,of the R2P doctrine in the Libyan and Syrian conflicts, and Marta Bo compared piracy with core crimes to examine the juxtaposition between transnational and international crimes.

We also listed events and announcements and Jessica provided you with her daily news wraps.

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

 

Weekend Roundup: July 17 – August 2, 2013

by An Hertogen

This week on Opinio Juris, Kevin continued his discussion of the al-Bahlul amicus brief started last week. He pointed out how the Prosecution had disclaimed JCE before the trial and the military commission was asked not to consider this mode of liability, making its invocation in the amicus brief unacceptable in his opinion. Kevin pointed out that JCE was also rejected in Khadr, and recommended a student note on material support for terrorism and JCE. He also responded to Peter Margulies’ reply and sur-reply over at Lawfare. In a guest post, David Frakt, who was detailed as al-Bahlul’s military defense counsel, pointed out a factual error in the amicus brief.

Our Emerging Voices symposium returned after last week’s break: Leslie Schildt posted about the UN’s Intervention Brigade in the DRC; Frances Nguyen argued that “forced marriage” should be taken out of the “other inhumane acts” box and be recognized as an international crime; and David Benger wrote on the limits of the ICC’s Regulation 55.

Kevin discussed how mainstream US media are focusing only on Wikileaks but ignoring how the NYTimes also published the documents leaked by Bradley Manning. Following Bradley Manning’s conviction for espionage, Kevin corrected a common misperception about the meaning of “bad faith” in the Espionage Act. He also updated us on Libya’s latest admission that it intends not to cooperate with the ICC, and added that Libya’s representative is arguably in violation of the ICC’s Code of Professional Conduct. Kevin will not be updating us anymore on Crossing Lines though.

As always, we listed events and announcements and provided weekday news wraps.

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

Events and Announcements: July 28, 2013

by An Hertogen

Announcements

  • From September 23-26, 2013, the British Institute of International and Comparative Law will be running a new four day programme called International Law in Practice. Led by many of the Institute’s leading researchers and practitioners, the course will provide a broad introduction to key issues in international and comparative law – from public to private and from commercial to human rights. Deadline for registration is August 16, 2013. More information is here.
  • Students for the Promotion of International Law  (SPIL), Mumbai, a chapter of ILSA, Chicago is organising its annual event, the 5th Government Law College International Law Summit 2014 from January 31 to February 2, 2014. The Summit includes two novel competitions, the Judgment Deliberation Competition and the Treaty Appreciation Competition, which were conceived within the portals of Government Law College, Mumbai.  The theme for this  edition of the Summit is International Investment Law. SPIL and Government Law College, Mumbai invite Law Colleges across the world  to participate in the Summit. More details are here.

Call for Papers

  • Yale Law School is hosting its 3rd Doctoral Scholarship Conference on December 6-7, 2013. This year’s conference sets out to explore the relationship between law and uncertainty. 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 15, 2013. More information is here.

The previous list of announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us.

Weekend Roundup: July 20-26, 2013

by An Hertogen

This week on Opinio Juris, we teamed up with the American Journal of International Law to bring you a discussion on the two lead articles in their latest issue. Jose Alvarez, the co-editor in chief of the AJIL, explained their decision to run this online symposium, and discussed what ties both articles together, despite their differences.

First up was Leila Sadat’s article, Crimes Against Humanity in the Modern Age, summarized here. In his comment, Darryl Robinson traced the history of academic discourse on the policy element and highlighted the most recent decision in Gbagbo. Elies van Sliedregt argued in favour of the humaneness side of humanity to give the concept of crimes against humanity a modern meaning. Leila’s response is here.

Eyal Benvenisti then introduced his article, Sovereigns as Trustees of Humanity, in which he tests the limits of the traditional concept of state sovereignty in light of the intensifying interdependence between states. (more…)

Weekend Roundup: July 13-19, 2013

by An Hertogen

This week on Opinio Juris, we continued our Emerging Voices symposium. Patricia Tarre Moser started the week with her proposal for the unilateral withholding of sovereign immunity as a countermeasure against jus cogens violations. Scott McKenzie wrote on the application of international water law principles to the simmering tension between Egypt and Ethiopia on the latter’s decision to dam the Nile. Daniel Seah wrote about implied conferrals in ASEAN. Tendayi Achiume argued in her post that efforts to combat xenophobia faced by refugees and migrants need to be more aware of the underlying socio-economic conditions. Chelsea Purvis pleaded for more engagement with African human rights law. The Emerging Voices symposium will take a one week break to make space for a symposium on the two lead articles in the latest issue of the American Journal of International Law, starting on Monday.

In a guest post, Ozan Varol argued why the Egyptian military’s ouster of President Morsi was not a democratic coup.

Kevin updated us on the latest twist in Libya’s efforts to avoid handing over Saif to the ICC. At least Crossing Lines is even more confused about the ICC’s jurisdiction, although Kevin admitted to finding this week’s episode quite interesting. Sometimes fiction can teach international lawyers something though, as Chris explored in this post on what political science fiction can bring to international law.

What isn’t science fiction though is the growing market in which hackers sell computer vulnerabilities they have discovered. Chris posted about the sometimes perverse incentives to regulate this market, particularly once governments get involved.

In other posts, Kevin accused the US of applying double standards on the prosecution of money laundering in support of terrorism, and described the Fourth Circuit’s decision in US v Sterling as the most compelling defense of WIkileaksKen wrote about the Supreme Court’s upcoming review of Bauman v. DaimlerChrysler, and the questions it raises for extraterritoriality; and Kristen posted about new scholarship on the legal implications of the Syrian conflict.

As always, Jessica provided you with weekday news wraps and we listed events and announcements.  Kevin also announced he is moving to SOAS in early 2014.

Finally, if you like our blog, we’d love for you to nominate us for the ABA’s 7th annual Blawg 100.

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

Events and Announcements: July 14, 2013

by An Hertogen

Calls for Papers

  • The Netherlands Yearbook of International Law has issued a call for papers for its 2014 edition on the topic of Between Pragmatism and Predictability: Temporariness in International Law. Abstracts, between 300-500 words in length, should be sent to nyil [at] asser [dot] nl by August 15, 2013, accompanied by a short resume. Successful applicants will be informed by late August, and must submit their papers of around 8000 words by March 31, 2014. Any queries may be directed to the managing editor of the NYIL, Monika Ambrus. More information can be found here.
  • Students for the Promotion of International Law (SPIL), Mumbai is calling for papers from the student and legal fraternity, professors, practitioners  and scholars for its 5th Government Law College International Law Summit 2014 from January 31 to February 2, 2014. The Summit will be an amalgamation of lectures, panel discussion, two novel competitions and the Call for papers Competition. The papers should be on this edition’s theme, namely International Investment Law. The authors of the selected papers will get an opportunity to present their papers at the Summit, and will be published in the SPIL International Law Review 2014. More information can be found here.
  • In an attempt to facilitate legal studies, Students for the Promotion of International Law (SPIL), Mumbai also publishes a legal magazine called the ‘International Law Annual’, its yearly publication. The International Law Annual comprises literature on the myriad aspects of International Law through an engaging confluence of short articles, analytic works on landmark cases, interviews with legal luminaries on contemporary issues, discussions and analysis on international legislation, and book reviews. Accordingly, SPIL, Mumbai calls for short articles and essays from the student and legal fraternity, professors, practitioners and scholars across the wide spectrum of Public International Law. SPIL welcomes original academic work on contemporary developments in Public International Law in keeping with the following guidelines for publication in the International Law Annual, 2014. More information can be found here.
  • On November 14–15, 2013, the University of Michigan Law School will host the Second Annual ASIL–ESIL–Rechtskulturen Workshop on International Legal Theory. This year’s theme is ‘Politics and Principle in International Legal Theory’. The deadline for the submission for abstracts is July 21, 2013. More information is available here.

Events

  • The ICRC and ASIL’s Lieber Society on the Law of Armed Conflict are hosting an event celebrating the 150th anniversary of the ICRC and the Lieber Code, Tuesday, July 23, 2013, 3:00 p.m. at the American Red Cross historical building, 430 17th Street NW, Washington DC. The event features John Fabian Witt, author of Lincoln’s Code, and Brigadier General Tom Ayers, Assistant Judge Advocate General, U.S. Army, talking about the progression of the law of war over the past 150 years. Jennifer Daskal will moderate the panel discussion of the progression of the law of war over the past 150 years of the ICRC’s existence. RSVP: icrcevents [at] gmail [dot] com.

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

Weekend Roundup: July 6-12, 2013

by An Hertogen

This week on Opinio Juris, we kicked off our inaugural Emerging Voices symposium with a post by Christopher Warren on the disciplinary fragmentation between law and other areas of the humanities. Fragmentation between different investment regimes prompted Maninder Malli to argue for minilateral approaches in international investment law as a middle ground between atomized BITs and unattainable multilateral initiatives. In his post, Scott Robinson proposed an “Ottawa Process” to achieve an LGBTQ Treaty. Also on human rights, Ruvi Ziegler argued that the European Court of Human Rights has misapplied the ‘margin of appreciation’-doctrine in its decision on expats’ voting eligibility. Otto Spijkers and Arron Honniball rounded up the first week of the symposium with a post on global public participation in the development of the Sustainable Development Goals.

In our regular posts, Chris wrote on the overlapping interests around Okinawan independence and Duncan posted a link to the 2012 edition of the U.S. Department of State’s Digest of U.S. practice in international law. Immunity was the topic of two posts, one by Duncan on the costs of diplomatic immunity for host states, and one by Kristen with an update on the UN’s response to the complaint by Haiti Cholera victimsKevin marvelled again at the broad jurisdiction of the ICC, at least in Crossing Lines. He was also critical about an op-ed by Ken Roth on the specific direction requirement, which he said conflated different modes of participation.

Our bloggers have also been busy outside the blog: you can read more about Ken’s views on the UN in David Bosco’s interview with him and Brett Schaefer, and about Chris’ work in a report he co-authored on Managing Intractable Conflicts: Lessons from Moldova and Cyprus.

As always, Jessica provided weekday news wraps and we had our weekly listing of events and announcements Deborah also announced an event by the ICRC and the ASIL’s Lieber Society on 150 years of War Regulation.

Many thanks to our Emerging Voices participants, and have a nice weekend!