Author Archive for
An Hertogen

Events and Announcements: November 30, 2013

by An Hertogen

Calls for Papers

  • December 1, 2013, is the deadline for applications for the Third Annual Junior Faculty Forum for International Law, which will be held at the University of Melbourne on July 7, 8 and 9, 2014. Regrettably, no applications can be received after this date, and full details of the application process and requirements are here.
  • The Comparative Constitutional Law and Administrative Law Quarterly, an online journal based at the National Law University, Jodhpur, India, is calling for papers for its fourth issue. More information is here.
  • On June 5-6, 2014, Edge Hill University (Omskirk, UK) is hosting a two-day
    international workshop. The event will focus on the legal phenomenon of cross-fertilization between international criminal law and human rights principles developed by specialized supranational bodies. The goal is to critically assess the manner in which widely-recognized standards of human rights have been used (or misused) by international criminal tribunals. Proposals are welcomed on topics specified in the call for papers. Interested participants should e-mail an abstract of up to 500 words and a CV by February 15, 2014. Speakers will be informed of acceptance by March 1.
  • The College of Law, Qatar University and the Qatari Branch of the International Law Association are co-organizing an international conference focusing on ‘The Syrian Crisis and International Law’. The conference is scheduled to take place on February 25-26, 2014 in Doha (Qatar). Invited speakers will include academics, diplomats, activists and legal practitioners who will discuss different aspects of International Law applicable to the Syrian crisis. The conference aims to not only revisit the tragic events that have occurred but also, most importantly, to think ahead in the quest for peace and justice. The overall objective is to exchange ideas and suggestions on the future of the rule of law in Syria. Interested participants should submit an abstract (800 words maximum) summarizing their argument and ideas that they intend to develop in their presentation. Abstracts should be sent to Dr Yaser Khalaileh or to Dr Adamantia Rachovitsa by December 30, 2013. More information is here.

Events

  • The Institute for National Security and Counterterrorism (INSCT) at Syracuse University and the Institute for Counter-Terrorism (ICT) at the Interdiscipinary Center, Herzliya, Israel, are jointly offering an Executive Course on “Counterterrorism in the 21st Century” at Syracuse University’s new Fisher Center in New York City.  More information is here.
  • The Inter-American Human Rights Moot Court Competition is a unique trilingual (English, Portuguese, and Spanish) competition established to train law students how to use the Inter-American human rights legal system as a legitimate forum for redressing human rights violations.The 19th Annual Competition will take place from May 18-23, 2014 in Washington, DC and the theme of the Competition is “Human Rights and Persons with Disabilities and International Human Rights Law“. Since its inception in 1995, the yearly Competition has trained over 2500 students and faculty participants from over 252 universities throughout the Americas and beyond. Written on a cutting-edge topic currently debated within the Inter-American system, the hypothetical case operates as the basis of the competition, and students argue the merits of this case by writing legal memoranda and preparing oral arguments for presentation in front of human rights experts acting as the Inter-American Court of Human Rights. To learn more about the Competition, please visit the website  Registration is now open for the 2014 competition. Should you have any questions regarding the Competition, please do not hesitate to contact the Coordinator by email at or by phone at +1-202-274-4215.

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: November 23-29, 2013

by An Hertogen

This week on Opinio Juris, Kevin asked why the agreement between the P5+1 and Iran is not void given that it goes against earlier UNSC resolutions prohibiting uranium enrichment by Iran. Duncan also looked at the deal, decided that it is not actually legally binding, and asked whether that mattered.

Kevin found the timing of the Bemba arrests curious and raised a word of caution about the arrests. In other ICC developments, he contrasted two Rome Statute articles with the new rule 134ter of the ICC’s Rules and Procedure and Evidence, and argued that the new rules are unlikely to survive judicial review. He also welcomed the DOJ’s reported, although not yet formalised, decision not to prosecute Julian Assange.

Craig Allen contributed a guest post about ITLOS’ order for the release of the Arctic Sunrise and the remaining Greenpeace protestors held by Russia. Julian followed up on this with a post discussing the likelihood of Russian non-compliance. Julian also updated us on the latest developments in the East China Sea.

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

Thank you to all our readers for the very lively comments this week. Have a nice weekend!

Weekend Roundup: November 9-22, 2013

by An Hertogen

This fortnight on Opinio Juris, Julian shared his impressions of the Asian Society of International Law Biennial Meeting in New Delhi, and summarized his unofficial notes on Judge Xue Hanqin’s personal comments regarding China’s non-participation in the UNCLOS arbitration started by the Philippines. Peter, meanwhile, was at the 2013 Emma Lazarus Lecture and found much to agree with in Jagdish Baghwati’s proposals for state, as opposed to federal, powers in immigration reform.

Peter later alerted us to Somalia’s ratification of the Children’s Rights Convention. This of course leaves the US in a peculiar position, and a rather more peculiar one than regarding the Minamata Convention on Mercury for which it became the first nation to deposit its instrument of acceptance, as Duncan pointed out in a post raising three questions about the acceptance process and the exclusion of the Senate.

Kristen discussed Saudi Arabia’s unprecedented decision to reject the UN Security Council seat within 24 hours of its election. In other news from the Middle East, Kevin outlined why it is not surprising that Syria is destroying its chemical weapons.

Kevin also analysed whether the ASP can change the ICC’s RPE to allow Kenyatta to attend his trial via video-conference, but argued that the relevant Rome Statute provision is too clear to be circumvented by amending the RPE. He also got his hands on two proposed amendments to examine in more detail.

We teamed up with the Leiden Journal of International Law this week to bring you a symposium on their two most recent issues, introduced here by Dov Jacobs. On the first day, Gabriella Blum and Christopher Kutz discussed Janina Dill’s essay “Should International Law Ensure the Moral Acceptability of War?”. Janina’s reply is here. The second article, on Diplomatic Asylum and the Assange Case, by Maarten Den Heijer, was discussed by Gregor Noll and Roger O’Keefe, with a reply by Maarten. On Wednesday, Piet Eeckhout and Erika de Wet discussed Devika Hovell’s proposals in A Dialogue Model: The Role of the Domestic Judge in Security Council Decision-MakingYou can find Devika’s response here. Finally, Brad Roth defended his concept of self-determination against Zoran Oklopcic’s challenge in “Beyond Empty, Conservative, and Ethereal:  Pluralist Self-Determination and a Peripheral Political Imaginary”. The debate continued in Zoran’s reply.

In other guest posts, Paul Williams and Roushani Mansoor argued that the Bangladesh War Crimes Tribunal is not just about justice, but also about transforming Bangladeshi national identity, and James Stewart wrote on his research on corporate war crimes.

For those of you who want to read more, Kevin announced the publication, including in open access format, of his edited volume with Gerry Simpson on The Hidden Histories of War Crimes Trials.

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

Have a nice weekend!

Events and Announcements: November 17, 2013

by An Hertogen

Calls for Papers

  • The International Organizations Interest Group of the American Society of International Law will hold a works-in-progress workshop on Friday, February 7th and Saturday, February 8th, 2014, at the Sandra Day O’Connor College of Law at Arizona State University in Tempe, Arizona.  Authors interested in presenting a paper at the workshop can submit an abstract to David Gartner, Justin Jacinto, and Julian Arato by the end of the day on December 2. Abstracts should be a couple of paragraphs long but not more than one page. Papers should relate to the topic of international institutions and governance.  Papers should not yet be in print so that authors will have time to make revisions based on the comments from the workshop. More information is here.
  • The Transitional Justice Program at the Hebrew University of Jerusalem’s Minerva Center for Human Rights and Faculty of Law is organizing an international conference on Transitional Justice and Civil Society: Learning from International Experience. The conference seeks to explore the role of civil society in developing and implementing transitional justice processes, particularly in the context of ongoing conflicts. The conference, the third in the series of Annual Minerva Jerusalem Conferences on Transitional Justice, is scheduled for May 25-26, 2014, in Jerusalem. The deadline for the submission of proposals is December 31, 2013. Applicants should receive notification of the committee’s decision by the end of January 2014. Short drafts of 7,000-10,000 words based on the selected proposals will be expected by 1 May 2014. More information is here.

Events

  • On December 2, the Supreme Court will hear oral argument in BG Group v. Argentina, the first ever investment arbitration case to come before the Court. Prof. George Bermann, Jean Monnet Professor of European Union Law, Walter Gellhorn Professor of Law; Director, Center for International Commercial and Investment Arbitration, Columbia Law School, and Chief Reporter for the forthcoming American Law Institute, Restatement (Third) of the United States Law of International Commercial Arbitration and Ignacio Suarez Anzorena, Partner, Clifford Chance and formerly Abogado, Procuración del Tesoro de la Nación, Solicitor General’s Office, Republic of Argentina, will discuss the case and oral argument the very same day, mere moments after the argument has ended from 12:30 p.m. until 2:00 p.m. at the offices of Arnold & Porter LLP, 555 12th Street, NW, 10th Floor, Washington, D.C. (Metro Center Metro Station). Janis Brennan, Partner at Foley Hoag LLP and Vice-Chair, D.C. Bar International Dispute Resolution Committee, will moderate the program. This luncheon program is sponsored by the International Dispute Resolution Committee of the International Law Section, in co-sponsorship with The American Society of International Law Howard M. Holzmann Research Center for the Study of International Arbitration and Conciliation and the Washington Foreign Law Society, and in cooperation with the International Arbitration Committee of the American Bar Association Section of International Law and the International Committee of the American Bar Association Section of Dispute Resolution. More information and registration is here.
  • Online registration for the joint American Society of International Law (ASIL) Annual Meeting and International Law Association (ILA) Biennial Conference, to be held April 7-12, 2014, in Washington, DC, is now available here. Through January 31, 2014, registration fees are significantly discounted. For the first time, ASIL and the American Branch of the International Law Association are partnering to host the ILA Biennial Conference together with the ASIL Annual Meeting, forming a single, joint gathering, representing a unique and historic convening of the international law community. The week’s events, organized around a theme of “The Effectiveness of International Law,” will include keynotes by leading figures in the field; meetings of ILA Committees and Working Groups; more than 40 program sessions featuring panels, debates, and roundtable discussions on current issues in the field; ASIL Interest Group meetings, ASIL’s annual Women in International Law Interest Group Luncheon and Hudson Medal Luncheon; and a Gala dinner, receptions and networking opportunities.
  • The Antonio Cassese Initiative is pleased to invite you to a conference on A New Approach on Human Rights in Mexican Criminal Proceedings, in Mexico City on November 28-29, 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: November 2-8, 2013

by An Hertogen

This week on Opinio Juris, we brought you a healthy diet of treaties, chemical weapons, drones, and a sprinkle of terrorism.

Duncan rounded up various treaty related news items this week, and argued that US treaty practice does not have to be a zero-sum game. Peter posted about the US Senate Foreign Relations Committee’s hearings on a possible Understanding that would limit anxieties about the domestic impact of the UN Convention on the Rights of Persons with Disabilities.

The main event this week however happened across the street from the US Congress: the SCOTUS hearing in Bond v United States. Peter kicked off the conversation with the question whether Missouri v Holland has ever been used by the federal government. Julian was first out of the blocks to post his impressions of the oral argument, followed by seven observations by Marty Lederman, while Duncan was too stumped to comment on the merits due to the apparent lack of appreciation on all sides for the difference between treaty signature and ratification. Bill Dodge pointed out how the difference between a self-executing and non-self-executing treaty was also misunderstood.

Should an international treaty ban “killer robots”? Ken, in a WSJ op-ed with Matthew Waxman, argued that it should not.

From killer robots to drones: Deborah was worried about reports that the migration of targeting operations from the CIA to the Pentagon has stalled. The recent drone reports by HRW and AI were criticized by Jens Iverson who examined whether members of armed groups can be targeted and by Michael W. Lewis who argued that significant flaws undermine the reports’ objectivity and overall credibility.

Finally, Kevin mourned the premature death of the concept of terrorism, victim of overly broad definitions by Scotland Yard and the UK Terrorism Act 2000.

As every week, we listed upcoming events. You may also be interested in the Berkeley Journal of International Law’s latest issue with its symposium on Taming Globalization co-authored by John Yoo and our own Julian Ku.

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

Events and Announcements: November 3, 2013

by An Hertogen

  • The Association of Defence Counsel at the ICTY is organising a Conference on November 29 at the Bel-Air hotel in The Hague on the Legacy of the ICTY from the perspective of the Defence function. More information is here.
  • The ASIL’s International Legal Theory Interest Group and Cornell Law School are organizing an event on the Theoretical Boundaries of Armed Conflict and Human Rights, this Friday November 8, at ASIL’s Tillar House (2223 Massachusetts Ave NW, Washington, D.C.). The programme is here.
  • ASIL’s Lieber Society on the Law of Armed Conflict is sponsoring a panel discussion about the Court-Martial of U.S. Army Sgt. Bales for the murder of 16 Afghan civilians.  The event, entitled “Military Justice, International Criminal Accountability and Cross-Cultural Contexts: U.S. v. Bales,” will be held at Tillar House (2223 Massachusetts Ave NW, Washington, D.C.) on Tuesday, November 12, 2013 at 5:30 p.m.  The case presents a unique opportunity to explore the challenges in both investigating and prosecuting a case involving crimes in a remote area of a war zone, differing cultural perceptions of accountability and justice, and the relationship between military justice and international criminal justice.  Speakers include Lt. Col Jay Morse (Chief of the U.S. Army’s Counsel Assistance Program and lead Prosecutor in the Bales case), Morwari Zafar (Afghanistan Subject Matter Expert at the Defense Intelligence Agency), and Sandra Hodgkinson (Vice President and Chief of Staff of DRS Technologies).  This event is free for ASIL members. Further information is here.
  • The 13th European Conference on Cyber Warfare and Security (ECCWS) is an opportunity for academics, practitioners and consultants from Europe and elsewhere involved in the study, management, development and implementation of systems and concepts to combat cyber warfare or to improve IS security to come together and exchange ideas. There are several strong strands of research and interest that are developing in the area including the understanding of threats and risks to information systems, the development of a strong security culture, as well as incident detection and post incident investigation. This conference is continuing to establish itself as an important event for individuals working in the field from around the world. Key themes of the conference in 2014 include critical infrastructure protection, cyber intelligence-cyber counterintelligence, PsyOPS, data mining and data fusion applications and malware and antimalware technologies and digital forensics. The conference is hosted by the University of Pireaus, Greece on July 3-4, 2014. See here for further information.

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: October 26-November 1, 2013

by An Hertogen

This week on Opinio Juris, we held a symposium on Chevron and the rise of arbitral power introduced here by Michael D. Goldhaber. Comments were by Christoph Schreuer, Anthea Roberts, and Muthucumaraswamy Sornarajah. Michael’s response is here.

In follow up on earlier symposia, Anupam Chander posted his reply to the comments in last week’s book symposium on The Electronic Silk Road and Anne van Aaken responded to Tomer Broude’s guest posts on behavioral international law and economics.

Peter wondered why Bond v United States came to be prosecuted under the Chemical Weapons Convention, and noted emerging efforts towards a human right to privacy in the wake of the NSA spying scandal. Julian did not think these efforts would lead anywhere, and put more faith in the conclusion of no-spy agreements.

Kevin posted about his recent talk at Chatham House defending the specific direction requirementFollowing reports by The Sudan Tribune that the presiding judge had threatened William Ruto with arrest if he commented publicly on his case, later corrected after a clarification by the ICCKevin examined whether there is any legal basis on which the Court can silence an accused. Kevin also pointed out problems with the appointment of a new judge in the Seselj case, which led to a very active discussion in the comments.

Julian asked whether Japan’s pledge to shoot down Chinese drones violates international law. Maybe the Japanese could learn a thing or two from the British Navy and its use of Britney Spears’ songs to scare away Somali pirates along Africa’s East Coast.

Finally, Sean D. Murphy summarized the International Law Commission’s work in its 65th session, Kristen posted about the ASIL Mid-Year Meeting that we suspect quite a few of our readers will be attending, and Jessica listed the events and announcements and wrapped up the news.

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

Weekend Roundup: October 19-25, 2013

by An Hertogen

This week on Opinio Juris, Ken contributed a post on legally distinct corporate entities and agency theory in Bauman v Daimler AGChris wrote about Russia’s Realpolitik towards former USSR members that are seeking closer contact with the EU, and Deborah wrote about due process in targeting.

Julian noticed how Russia had taken a leaf out of China’s book by walking out of an ITLOS arbitration, and responded to Wim Muller who argued that it was merely following a long establish US’ example in ICJ cases.

We held a book symposium on The Electronic Silk Road by Anupam Chander, with comments by Michael Birnhack, Mira Burri, Paul Stephan, Molly LandJoost Pauwelyn, and Jake Colvin.

Chris Jenks wrote a guest post on criminal jurisdiction over US troops in Afghanistan, and Kevin mentioned his guest post at Just Security. Kevin also criticized the ICC’s Appeals Chamber for requiring Ruto’s continuous presence at his trial.

Finally, Jessica rounded up the news and I collated a list of events and announcements.

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

Book Symposium: The Electronic Silk Road by Anupam Chander

by An Hertogen

This week, we are pleased to host a symposium on The Electronic Silk Road (Yale University Press) by Anupam Chander (UC Davis). The publisher’s description is:

On the ancient Silk Road, treasure-laden caravans made their arduous way through deserts and mountain passes, establishing trade between Asia and the civilizations of Europe and the Mediterranean. Today’s electronic Silk Roads ferry information across continents, enabling individuals and corporations anywhere to provide or receive services without obtaining a visa. But the legal infrastructure for such trade is yet rudimentary and uncertain. If an event in cyberspace occurs at once everywhere and nowhere, what law applies? How can consumers be protected when engaging with companies across the world? In this accessible book, cyber-law expert Anupam Chander provides the first thorough discussion of the law that relates to global Internet commerce. Addressing up-to-the-minute examples, such as Google’s struggles with China, the Pirate Bay’s skirmishes with Hollywood, and the outsourcing of services to India, the author insightfully analyzes the difficulties of regulating Internet trade. Chander then lays out a framework for future policies, showing how countries can dismantle barriers while still protecting consumer interests.

Commentators will be Michael Birnhack (Tel Aviv University), Paul Stephan (Virginia), Molly Land (UConn), Mira Burri (World Trade Institute), Joost Pauwelyn (Graduate Institute) and Jake Colvin (National Foreign Trade Council), and hopefully also you as our readers!

 

Events and Announcements: October 20, 2013

by An Hertogen

Calls for Papers

  • The Journal of World Investment and Trade (JWIT) is under new editorial responsibility starting with the first issue of 2014. It operates as a double-blind peer-reviewed journal and focuses on the law relating to foreign investment relations in a broad sense, including the law of investment treaties, investor-State dispute settlement, domestic law relating to foreign investment, and relevant trade law aspects, such as services, public procurement, trade-related investment measures, and intellectual property, both under the WTO and PTAs. JWIT publishes articles, notes, case comments, and book reviews, and welcomes proposals for special issues in its fields of interest. For further information, including the full editorial board and instructions to authors, please visit the journal’s website. Inquiries and submissions may be sent here.
  • The eighth annual International Graduate Legal Research Conference (IGLRC) will be held on April 14-15, 2014 at King’s College London.The committee welcomes abstracts considering all aspects of legal scholarship. Abstracts of maximum 300 words need to be submitted online by December 6, 2013. More information is here.
  • The Journal of Law Teachers of India (JOLT-I) is inviting Articles/Notes and Comments from faculty members on any contemporary legal issue, for its next issue which is expected to be published in April 2014. An abstract of approx. 1000 words should be sent latest by October 31, 2013 with the final paper due by December 31, 2013. More information is available here.
  • Trade, Law and Development (TL&D), a biannual, student-run, academic journal published by National Law University, Jodhpur, India, is calling for papers for a special issue on Trade and Climate Change. The deadline for submissions is January 31, 2014. More information is here.
  • The Younger Comparativists Committee of the American Society of Comparative Law is pleased to invite submissions for its third annual conference, to be held on April 4-5, 2014, at Lewis & Clark Law School in Portland, Oregon.  An abstract of no more than 750 words should be e-mailed no later than November 1, 2013. Authors of the submissions selected for the conference will be notified no later than December 20, 2013. A prize will be awarded for the best paper submitted by a graduate student.  To be considered for the award, in addition to submitting an abstract by the above deadline, graduate students whose abstracts are accepted for the conference must also submit their papers in their final form by January 31, 2014, with the following subject line:  “Submission for Graduate Student Prize.”  Papers received after January 31, 2014, will not be considered for the award. Final papers by faculty members—as well as by graduate students who do not wish to be considered for the Graduate Student Prize—will be due by email no later than March 1, 2014. More information is here. Any questions can be directed to Ozan Varol. 

Announcements

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: October 12-18, 2013

by An Hertogen

This week on Opinio Juris, Tomer Broude completed his trilogy on behavioral international law. Also continuing from last week was Carsten Stahn’s rejoinder to Harold Koh on intervention and the use of force, and Jens Iverson’s guest post highlighting the underlying commitments of Professors Stahn and Koh.

We also published guests posts by Faiza Patel on the OPCW and by Adam Steinman on this week’s SCOTUS oral argument in Daimler v Bauman.

Of our regular bloggers, Deborah disagreed with Jack Goldsmith on the rarity of capture operations overseas, but outlined other concerns with this approach to counterterrorism. Julian pointed out how China’s understanding of the peaceful settlement of disputes excludes international adjudication. Despite finding much to like in the PTC’s decision in al-Senussi, Kevin was troubled by the inconsistency with the Gaddafi decision on the right to counsel. He also was not impressed by the PTC invoking Libya’s security situation.

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

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

Events and Announcements: October 6, 2013

by An Hertogen

Events

  • The Centre for Asian Legal Studies at the Faculty of Law, National University of Singapore, will be hosting the conference — Trials for International Crimes in Asia — on October 17-18, 2013. This will examine the legal issues arising from the tribunals convened in Asia to deal with crimes of international import – namely, aggression, war crimes, genocide, and crimes against humanity. It will consider both tribunals that have been established on the initiative of Asian governments and tribunals mounted in Asia at the behest of non-Asian governments or international organisations. In keeping with the legal theme, it will lay particular stress on the different modes of liability developed within these courts’ respective jurisdictions – among them, joint criminal enterprise, command responsibility, complicity, and defences against them. For the programme and registration details, please visit the conference webpage.

Calls for Papers

  • The Indonesian Journal of International and Comparative Law is looking for manuscripts for their inaugural volume which will be published in 2014. More information is here.
  • A group of students at Brandeis University, with support from the International Center for Ethics, Justice and Public Life are launching a new journal to explore questions of international peace and justice from an interdisciplinary perspective. For our inaugural issue, they are asking for abstracts that address the question: What is global justice, how does it work, and why is it important? They are looking for abstracts from fields as varied as psychology, anthropology, sociology, political science, economics, and history, as well as other disciplines. They are primarily seeking abstracts (300-500 words) from undergraduates and early-career graduate  students, but will accept a submission from anyone. Please email your submissions or any questions to Anastasia Austin and David Benger by Friday, November 8th.

Announcements

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