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…)
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 WIkileaks; Ken 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!
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.
- 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.
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 victims. Kevin 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!
It’s been a few months in the making, but today we’re kicking off our inaugural Emerging Voices symposium. Until late August, we’ll bring you a wide variety of posts, all written by graduate students, junior practitioners and junior academics.
So watch this space if you want to read more about international law’s often forgotten connections with the humanities, expat voting rights under the ECHR, the allocation of the Nile’s water between the various basin states, or the legal status of forced marriage under the ICC Statute, to name just a few of the topics that will be covered.
This week on Opinio Juris, Kevin posted how there will be no golden arches in the West Bank, kept track of the latest episode of Crossing Lines, and wondered about the anonymity of an ICTY witness whose name was made public by the ICTY.
Ken turned the spotlight back to the Chevron/Ecuador dispute. A Washington Post profile on the dispute led him to inquire about third-party litigation finance. He also pointed to Julian’s WSJ op-ed, with George Conway, on Chevron’s legal offensive.
Julian has been busy, he also posted an abstract of his paper on the lack of enforcement of ICSID rewards in China.
Peter marked Independence Day with a post on paths away from citizenship used by expat Americans burdened by FATCA filings.
Jessica returned from holiday with her weekday news wraps, and we also listed events and announcements.
Finally, a technical glitch is plaguing our e-mail updates, but we hope to have it resolved soon.
Have a nice weekend!
We have been experiencing a technical issue that stopped our daily e-mail updates from working. Our tech support is confident that they have found the cause, so normal service should resume shortly! We apologize for the inconvenience caused, and thank you for your patience.
Call for Papers
- The NYU Journal of International Law and Politics (JILP) is currently accepting submissions for its Summer 2014 Peer Review Issue. This year’s peer review issue is dedicated to showcasing the work of emerging scholars who are early in their professional careers and making significant contributions to international legal scholarship. Articles submitted for the peer review issue are reviewed by NYU-affiliated faculty members with expertise spanning a wide variety of disciplines within international law. JILP will be accepting submissions until August 31, 2013 and making decisions for publication on a rolling basis. Submissions must be in electronic form and should be transmitted as attachments to email messages addressed to articleseditors [at] nyujilp [dot] org. Submissions must include the author’s name and “JILP Peer Review Submission” in the subject line of the email. Please also note in your cover letter that you are submitting for consideration in the peer review issue. More information is here.
- A conference on Law & Security: Perspectives from the Field and Beyond will take place in Israel this week. The conference is a joint endeavor of the International Institute for Counter-Terrorism at IDC, the Institute for National Security and Counter-Terrorism at Syracuse University, and the Konrad Adenauer Stiftung. It will begin today with a keynote speech by Israel’s Deputy Attorney General Shai Nitzan and a dinner, followed by two days of panels on topics including the rule of law, maritime security, cyber-warfare, drones, and the role of courts in balancing law and security. More information is here.
Last week’s post can be found here. If you would like to post an announcement on Opinio Juris, please contact us.
This week on Opinio Juris, our main event was a book symposium on Katerina Linos’ The Democratic Foundations of Policy Diffusion, introduced here (along with details on OUP’s special offer to our readers). David Zaring and Larry Helfer kicked off the symposium on Monday, and Katerina responded here. On Tuesday, Eric Posner commented on the relationship between policy diffusion and international law, and Ryan Goodman discussed the findings of Katerina’s political opinion experiments. Katerina’s response at the end of day 2 can be found here. On Wednesday, Anu Bradford described how the book can inform the debate on international organizations, and Rachel Brewster welcomed the book’s insights on the influence of international law on national politics. Katerina’s response is here. On the final day of the symposium, Pierre Verdier asked whether the mechanism of policy diffusion would also apply in other areas of international law and policy co-ordination; Harlan Cohen reflected on the book’ conclusions and implications; and Roger raised the question about the role of courts in the diffusion process. Katerina’s final response is here.
The symposium also tied in nicely with Peter’s post on a new sovereigntist essay in Foreign Affairs. As Peter points out, Katerina’s findings may suggest that the tide is shifting on international law.
Roger reviewed Andrew Guzman’s book Overheated, following Hari Osofsky’s review last Friday.
Kevin followed up on the fallout of Judge Harhoff’s letter, called NBC’s new show Crossing Lines an “unmitigated disaster” and was sceptical about the implications, according to John Dugard’s article, of the ASP’s President’s failure to table a letter on Palestinian statehood. He also recommended a new essay by Ohlin, Van Sliedregt, and Weigend on the Control Theory of Perpetration.
In the category of “oddball questions of international law”, Duncan discussed a Canadian case on diplomatic immunity in case of a dog bite.
Finally, we listed events and announcements and provided weekday news wraps.
Many thanks to our guest contributors, and have an nice weekend!