Author Archive for
Jessica Dorsey

Weekly News Wrap: Monday, July 25, 2016

by Jessica Dorsey

Here’s your weekly selection of international law and international relations headlines from around the world:

Africa

Middle East and Northern Africa

  • Several people have been killed when a mortar bomb hit a restaurant in the government-controlled ancient quarter of the Syrian capital Damascus on Sunday, a monitor and a witness said.
  • As the war rages on, Syrian children are starving to death.

Asia

  • Southeast Asian nations failed to agree on maritime disputes in the South China Sea on Sunday after Cambodia blocked any mention to an international court ruling against Beijing in their statement, diplomats said.
  • Chinese Foreign Minister Wang Yi has criticized South Korea’s move to deploy an advanced U.S. anti-missile defense system to counter threats from North Korea, saying it harmed the foundation of their mutual trust, news reports said on Monday.

Europe

Americas

Oceania

UN/World

Events and Announcements: July 17, 2016

by Jessica Dorsey

Event

  • For its 10-year anniversary the Vienna Journal on International Constitutional Law (ICL Journal) will host a conference dedicated to its very scope: The one day event to be held on 23 September 2016 at Vienna University of Economics and Business (WU) will focus on the concept of International Constitutional Law. Keynote lectures will be presented by Frederick Schauer and Alexander Somek. To participate please register until Sept 16th 2016 with the conference office at maria [dot] fegerl [at] wu [dot] ac [dot] at Attendance is free of charge. For further information see www.icl-journal.com.

Calls for Papers

  • We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on “Non-Legal Adjudicators in National and International Disputes”. This special issue will analyse the current scenario, as well as new trends, developments, and challenges that non-legal adjudicators face when resolving national and international disputes. It will consider litigation; national arbitration and diverse forms of alternative dispute resolution (ADR); international commercial arbitration; investment arbitration; inter-State arbitration and the dispute settlement system of the World Trade Organization (WTO).This special issue will be edited by Katia Fach Gómez (University of Zaragoza-Spain) and Weiwei Zhang (Graduate Institute of International and Development Studies – Switzerland). More information can be found here. Proposals for papers should be submitted to the editors – contact details here – on or before 31 October 2016. Accepted papers should be submitted to the editors on or before 10 January 2017. Publication is expected in the second quarter of 2017.
  • Call for Papers: Jus Post Bellum and the Justice of Peace: The Jus Post Bellum Project is seeking submissions of academic research papers for presentation at the final project conference on  ‘Jus Post Bellumand the Justice of Peace’ on 29-30 September 2016 in The Hague. Submissions should include an abstract of no more than 300 words and be accompanied by a CV. Submissions must be written in English and sent to j [dot] m [dot] iverson [at] law [dot] leidenuniv [dot] nl no later than 5 August 2016. Draft papers should be submitted by 15 September 2016.

Announcements

  • TDM 2 (2016) Latin America Special (Vol. 1): Prepared by guest editors Dr. Ignacio Torterola and Quinn Smith, this special addresses the various challenges and changes at work in dispute resolution in Latin America. A second volume that continues many of the themes in this special from different angles and perspectives is also nearing completion. (Articles in English and Spanish).

Our previous events and announcements post 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.

Weekly News Wrap: Monday, July 11, 2016

by Jessica Dorsey

Here’s your weekly selection of international law and international relations headlines from around the world:

Africa

Middle East and Northern Africa

Asia

Europe

Americas

Oceania

UN/World

  • The Overseas Development Institute (ODI) warned in a report that slow implementation of the U.N.’s global goals, the Sustainable Development Goals (SDGs), would stall advances against rising global inequality.
  • Candidates for the United Nation’s top job will for the first time in the organisation’s history hold a live debate, which will be broadcast live to audiences worldwide on television and digital platforms.

Multi-Blog Series: The Role of the ICRC Commentaries in Understanding International Humanitarian Law

by Jessica Dorsey

In the second installment of episode 1 in this multi-blog series on the updated Commentaries, Professor Sean Murphy responds to Jean-Marie Henckaerts first post on locating the commentaries in the international legal landscape.

Sean D. Murphy, Professor of International Law at George Washington University and Member of the U.N. International Law Commission, considers the role of the ICRC commentaries as a matter of treaty law, customary international law, and practical lawyering.

Taiz, Yemen - Two men drive through the area, where snipers have been present since the intense hostilities started there. ©Wael Al Absi/ICRC

Taiz, Yemen–Two men drive through the area where snipers have been present since the intense hostilities started there. ©Wael al Absi/ICRC

Read the full post on the Intercross Blog and stay tuned for the third installment, coming soon.

This series is brought to you by ICRC’s Humanitarian Law and Policy Blog, Intercross and Opinio Juris.

Reminder: Emerging Voices Submissions Deadline is July 6!

by Jessica Dorsey

Just a reminder: this summer we will host our Fourth Annual Emerging Voices symposium, where we invite doctoral students and early-career academics or practicing attorneys to tell Opinio Juris readers about a research project or other international law topic of interest.

If you are a doctoral student or in the early stages of your career (e.g., post-docs, junior academics or early career practitioners within the first five years of finishing your final degree) and would like to participate in the symposium, please send a draft blog post somewhere between 1000-1500 words and your CV to opiniojurisblog [at] gmail [dot] com by July 6, 2016.

Submitted posts will then be reviewed by our editors. We’ll let you know by mid-July if your post will be included. Final essays will be posted on Opinio Juris in mid July through late August.

If you have any questions, feel free to ask them in the comments or send us an e-mail at the address above.

Events and Announcements: July 3, 2016

by Jessica Dorsey

Event

  • On 15-16 December 2016, the Ghent Rolin-Jaequemyns International Law Institute (GRILI) at Ghent University will be hosting an international two-day conference entitled ‘International Immunities: Law in a State of Flux?’ The aim of the conference – organized in partnership with the Université Libre de Bruxelles (ULB), Katholieke Universiteit Leuven (KUL), and Université Catholique de Louvain (UCL) – is to take stock of recent evolutions pertaining to international immunities and to offer a comprehensive tour d’horizon of outstanding challenges and controversies. The conference will bring together distinguished scholars as well as practitioners, civil servants and other experts (e.g. ICC, ILC, EU, Foreign Affairs), to broach the various issues at stake. Presentations will be grouped into four clusters: jurisdictional immunities, immunity from execution, immunities in the international legal order, and immunities of the armed forces / in armed conflict. The conference will also feature a roundtable on the immunities of foreign officials, during which the ILC Special Rapporteur Concepción Escobar Hernández will present her views and engage with expert respondents. The conference will conclude with a keynote lecture by Judge Christine Van den Wyngaert of the ICC. Detailed information can be found here.

Announcements

  • The Goettingen Journal of International Law (GoJIL) has recently released the first issue of its seventh volume. The 7.1 edition is a special issue on the exercise of International Public Authority. It emerges from a fruitful collaboration with scholars who participated in workshops on this topic at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. The new edition features an article by Matthias Goldmann and Mona Sonnen. Further contributions are from Tim Staal, Pedro A. Villarreal, Biel Company and Clemens A. Feinäugle. The journal’s latest issue can be accessed at www.gojil.eu.
  • The International Law Programme at Chatham House will be hosting a meeting on ‘Challenges to Freedom of Expression’ on 20 July 2016 at Chatham House. For further details and to enquire about registering see here.

Our previous events and announcements post 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.

Weekly News Wrap: Tuesday, June 28, 2016

by Jessica Dorsey

Here’s your weekly selection of international law and international relations headlines from around the world:

Africa

  • The United States and France supported Hissène Habré, the former Chadian dictator who was convicted of atrocity crimes on May 30, 2016, throughout his rule, Human Rights Watch said in two reports released today.
  • The Eighth Africa Carbon Forum will focus on ensuring that countries put in place polices that are conscious of environmental sustainability and climate change resilience.
  • Hundreds of gun-toting Al Shabaab fighters in pick-ups have taken back a town in Goof-Gadud area, located some 30Km north of Baidoa in Somolia on Sunday after SNA and AMISOM troops withdrew the town.

Middle East and Northern Africa

Asia

Europe

Americas

Oceania

  • During the 32nd session of the Council Plenary, the UN Special Rapporteur on the right to freedom of peaceful assembly and association, Maina Kiai, zeroed in on Papua.

UN/World

Introducing the First Multi-Blog Series on the Updated Geneva Conventions Commentaries

by Jessica Dorsey

[This post is brought to you by ICRC’s Humanitarian Law and Policy Blog, Intercross and Opinio Juris.]

The updated Commentaries are an interpretive compass emerging from more than 60 years of application and interpretation of the Geneva Conventions. Over the rest of 2016, several academic blogs are hosting a joint series that brings to light the significance of the updated Commentary on the First Geneva Convention.

In March, the ICRC released an updated Commentary on the First Geneva Convention of 1949 (GCI). This is the first instalment of six new Commentaries aimed at bringing the interpretation of the Geneva Conventions and their Additional Protocols of 1977, to the 21st century.

This blog series is co-hosted by Intercross, the blog of the ICRC in Washington D.C., the ICRC’s new Humanitarian Law & Policy blog and us here at Opinio Juris.

This multi-blog venture is divided into three episodes, each of which focusing on a GCI provision – or a theme within a set of provisions – whose application and/or interpretation have evolved and give rise to debate among States and commentators. For each phase, the three blogs will invite one author to either initiate the conversation or act as respondent. The three episodes are respectively scheduled for this summer, fall and winter 2016.

The blogs will be regularly updated with past and upcoming posts, along with an evolving publication calendar. To kick off the series, Humanitarian Law & Policy will invite Jean-Marie Henckaerts, Head of the Update Project at ICRC, by locating the GCI Updated Commentary into the legal landscape and applying the rules on treaty interpretation to the Geneva Conventions. Expect the post by the end of this month on this website, or get it directly in your mailbox.

Bringing the Pictet’s Commentary’s Legacy Into the 21st Century

In 2011 the ICRC embarked on a major project intended at updating its original Commentaries, drafted under the general editorship of Jean Pictet in the 1950s (for the Conventions), and of Yves Sandoz and other ICRC lawyers in the 1980s (for the Protocols).

Since their publication, these commentaries have become an authoritative interpretative guide for States, armed forces, national and international courts, academics and civil society. However, in order to remain relevant, they needed to be updated to reflect more than 60 years of subsequent developments in applying and interpreting the Geneva Conventions. With the release of the Commentary on GCI, an important milestone has been reached, with key findings related to GCI-specific articles but also common articles governing the scope of application of the Conventions and their enforcement.

The initial edition of the Commentaries mostly provided historical context for the adoption of the Conventions and their Additional Protocols, drawing on the negotiation process of the treaties, as well as practice prior to their adoption. In this respect, they retain their historic value. The updated Commentary builds on and preserves those elements that are still relevant, while incorporating more than six decades of application and interpretation of the Conventions – 40 years in the case of the 1977 Additional Protocols. Capturing the evolution of warfare and humanitarian challenges, as well as technological and legal developments, led to many additions but also updates.

The multi-faceted nature and complexities of today’s armed conflicts have also resulted in more elaborated interpretations on the scope of application of the law in armed conflict. The new Commentary aims to capture key elements of the ongoing debate about where, when, and to whom IHL applies, setting out the view of the ICRC while also indicating other interpretations.

The Commentary provides important clarifications on key aspects of the legal regime governing the protection of the wounded and sick in armed conflict. On the obligation to respect and protect the wounded and sick, it addresses issues ranging from taking their presence into account in a proportionality assessment when planning attacks, to the general obligation to have medical services in the first place. On the protection owed to medical personnel, it gives details on the conditions under which such protection may be lost. The new GCI Commentary also captures changes in the regulation of offers of services by impartial humanitarian organizations, on the dissemination of IHL, and on criminal repression. It also adds a number of subject matters, such as the prohibition of sexual violence and non-refoulement.

For more on the updated Commentaries project, see the Humanitarian Law and Policy’s post here.

Events and Announcements: June 19, 2016

by Jessica Dorsey

Event

  • Adjudicating international trade and investment disputes: between interaction and isolation The PluriCourts Centre of Excellence at the University of Oslo will host a two-day conference on international trade and investment disputes. The conference will take place on Thursday and Friday, August 25-26 at the Faculty of Law, University of Oslo, Norway. The webpage with the final programme and registration information is available here. For more information, please contact: Daniel Behn, PluriCourts (d [dot] f [dot] behn [at] jus [dot] uio [dot] no).

Calls for Papers

  • The American Society of International Law’s Dispute Resolution Interest Group and Yale Law School’s Center for the Study of Private Law are hosting a workshop for junior scholars. The workshop will be a safe space in which aspiring and junior academics can get feedback through group discussion on academic works in progress in international dispute resolution. Authors will not give formal presentations of their work. Rather, each accepted paper will be assigned a discussant, who will briefly introduce the paper, provide feedback to the author, and lead a discussion among participants. This format permits lively discussion of ideas and writings that may be inchoate or not yet fully developed. Discussants may include other junior academics at Yale and other authors participating in the workshop.  The workshop will be held at Yale Law School on the afternoon of Friday, October 28, 2016. All participants will be expected to attend the entire workshop and to be prepared to comment on the other papers,up to a maximum of three. We are unfortunately unable to fund travel but will host a dinner in the evening.  500-700 word abstracts may be submitted by midnight Eastern Time,J uly 15, 2016 to this folder. Any topic related to international dispute resolution will be considered. Submissions must be works in progress and should not have been submitted for publication. The authors whose proposals are chosen will be informed by August 15th, 2016. All participants must submit a substantial work in progress by October 7, 2016, which will be circulated in advance of the workshop to registered attendees.  Please direct any questions to sadie [dot] blanchard [at] yale [dot] edu. The full call for papers is available here.
  • The Hugo Valentin–Centrum of the Uppsala Universitet is pleased to announce a call for papers for its upcoming panel on “Emotional Warfare and its Limits: Towards an Affective Turn in International Humanitarian Law”, organized in the context of the International Conference on “Historicising International (Humanitarian) Law? Could we? Should we?” on 6–8 October 2016When and why did the law of armed conflict become “humanitarian”? What role do fear, envy, or friendship play in the regulation of war? Can law offer an effective way out of the irrationality of violence? Possible answers to these questions cannot be addressed by means of strictly legal arguments, and should find place in other disciplines which have been traditionally permeated by an emotional discourse. This panel will discuss the conceptual debate on feelings such as hatred, resentment, compassion, nostalgia, fear, empathy/sympathy, jealousy, shame, humiliation, affection/love, among others, in order to examine international humanitarian law in its historical sense. Suggested topics may include (but not limited to): Emotions involved in the development of international humanitarian law; the role of emotions in the creation of customary international humanitarian law; and the affective expression of international States and non–state entities during armed conflicts. Abstracts of no more than 500 words should be submitted by e-mail to Emiliano J. Buis (ebuis [at] derecho [dot] uba [dot] ar) and Ezequiel Heffes (ezequielheffes [at] gmail [dot] com) no later than July 18, 2016. Abstracts should be accompanied by name, affiliation and e-mail address. Proposals will be selected on the basis of their quality, originality, and thought–provoking capacity. Any questions about these themes or the suitability of a possible submission may be directed by e-mail to the abovementioned individuals.
  • The Center for Human Rights and Global Justice (CHRGJ) invites submissions of scholarly papers for a conference on human rights and tax, to be held at NYU School of Law on September 22-23, 2016. The conference aims to develop a deeper understanding of the ways in which tax policy is a centrally important form of human rights policy, and to consider how the international human rights framework can best be used to promote greater equality and justice through the global tax regime. For years, resource constraints have been cited as the principal limitation on the ability of States to fulfill their human rights obligations, particularly when it comes to economic, social and cultural rights. Yet with few exceptions, human rights scholars and practitioners have shied away from core economic and financial debates, leaving the policies that shape resource availability and allocation largely in the hands of economists, tax and investment lawyers, and “development” experts. Those technocrats, in turn, have rarely paid heed to the expanding corpus of human rights law and its implications for State and non-State actors. There has been very little dialogue between tax and human rights experts, and even less scholarship on the intersection of these fields. CHRGJ’s conference aims to help fill that gap. See Call For Papers here for further details. Submission deadline is 1 July.
  • Call for Abstracts: The American Society of International Law’s Dispute Resolution Interest Group and Yale Law School’s Center for Private Law are hosting a workshop for junior scholars. The workshop will be a safe space in which aspiring academics, post-docs, doctoral students, fellows, VAPs, other non-tenure-track academics, and pre-tenure professors can get feedback through group discussion on academic works in progress in international dispute resolution. The workshop will be held at Yale Law School on the afternoon of Friday, October 28, 2016. We are unfortunately unable to fund travel but will
    host a dinner in the evening. 500-700 word abstracts may be submitted by midnight Eastern Time, July 15, 2016. Any topic related to international dispute resolution will be considered. Submissions must be works in progress and should not have been submitted for publication. More details are available here.

Announcements

  • The British Institute of International and Comparative Law is currently advertising for the Director of the Investment Treaty Forum and Senior Research Fellow in International Investment Law.
  • The latest issue of Trade, Law and Development (Vol. 7, No. 1) [TL&D] has been published. The special issue is on Government Procurement.
  • In 2015 the Faculty of Law of Maastricht University has taken over The Hague Prize for International which was established in 2002. With a view to continuing the Prize Maastricht University will collaborate with the Municipality of Maastricht. The main Prize will be awarded every five years to individuals who have made- through publications or achievements in the practice of law – a special contribution to the development of public international law or private international law or the advancement of the rule of law in the world. The Prize consists of a diploma, a monetary award of € 10.000,- and a drawing. The prize will be awarded for the first time in Maastricht on 8 December 2016. In the intervening years when the main Prize is not awarded, a Junior Prize will be awarded to promising younger academics in the field of human rights. The Junior prize will be awarded for the first time in 2018. It will carry a financial award of € 3.000,-.Recipients of the Hague Prize for International Law in the past included Prof. Shabtai Rosenne (2004), Prof. M. Cherif Bassiouni (2007), Dame Rosalyn Higgins (2009), Prof. Paul Lagarde (2011) and Prof. Georges Abi-Saab and Prof. Sir Elihu Lauterpacht (2013). The Board of the Maastricht Prize Foundation hereby invites anyone to nominate candidates who deserve such recognition for their contribution to international law. Nominations for the Prize will be accepted until 1 August 2016. Chairperson of the Nominating Committee is Prof. L. Lijnzaad. Reasoned recommendations for nominations should be sent to Prof. J. Vidmar, Secretary of the Nominating Committee, Maastricht University, Department of International and European Law, P.O. Box 616 Maastricht, The Netherlands, or by email:
    law-maastrichtprize [at] maastrichtuniversity [dot] nl by 1 August 2016. Additional information can be found on the website of the Maastricht Prize.

Our previous events and announcements post 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.

Emerging Voices 2016: Call for Submissions

by Jessica Dorsey

This summer we will host our Fourth Annual Emerging Voices symposium, where we invite doctoral students and early-career academics or practicing attorneys to tell Opinio Juris readers about a research project or other international law topic of interest.

If you are a doctoral student or in the early stages of your career (e.g., post-docs, junior academics or early career practitioners within the first five years of finishing your final degree) and would like to participate in the symposium, please send a draft blog post somewhere between 1000-1500 words and your CV to opiniojurisblog [at] gmail [dot] com by July 6, 2016.

Submitted posts will then be reviewed by our editors. We’ll let you know by mid-July if your post will be included. Final essays will be posted on Opinio Juris in mid July through late August.

If you have any questions, feel free to ask them in the comments or send us an e-mail at the address above.

Weekly News Wrap: Monday, June 6, 2016

by Jessica Dorsey

Here’s your weekly selection of international law and international relations headlines from around the world:

Africa

Middle East and Northern Africa

Asia

Europe

Americas

Oceania

UN/World

Events and Announcements: June 5, 2016

by Jessica Dorsey

Event

  • Between Europe and the United States: The Israeli Supreme Court in Comparative Perspective is being held Monday, June 27, 2016 – 9:00am to 6:00pm at the Benjamin N. Cardozo School of Law. For more information, click here. Despite a shared commitment to constitutional norms and a shared intuition that constitutional norms reflect universal principles, the United States and Europe interpret constitutional norms in markedly different ways. To take but one example, European privacy norms are shaped largely around the concept of dignity and inherited ideas of honor, whereas American privacy norms have historically rested on the value of liberty, especially liberty vis-à-vis the government. Both systems shape constitutional norms against the background of their distinct social and political traditions. Israel is poised between these two older legal cultures and is in dialogue with both. Does Israeli constitutional jurisprudence share more with Europe or with the United States?  Do particular social and political ideas within Israeli legal culture account for the disparate alliances? What are the particular areas in which Israel shows an affinity for one or the other, or neither, legal tradition?
    The conference is free and open to the public, but an RSVP is requested. Please email ISCP [at] yu [dot] edu with your name, affiliation and contact information.

Call for Papers

  • Gas: we breathe it, we burn it, we weaponise it, we control it. Whether banned, regulated or free-flowing, gas is our immediate environment, connecting us, keeping us warm, keeping us cool, creeping through the cracks. Explosive or sedative, it facilitates killing and curing alike. Gas leaks, escapes, and traverses boundaries, including legal boundaries. Certain gases are subject to international law, but even the most regulated gases may escape, or be unleashed. The London Review of International Law invites submissions on the subject of gas. These may touch on specific regimes regulating particular gases or groups of gases, they might look at historical processes centring on the control or release of (manufactured or natural) gases, or they might focus on the background role gas has played behind international legal processes, whether in relation to energy, climate, war, or simply the conditions of lawmaking, law enforcement, or legal speculation. Guidelines for submissions can be found under ‘Instructions to Authors’. In addition to articles, proposals for review essays and photographic (or other image-based) essays will be very welcome. Abstracts of no more than 500 words should be sent to a [dot] z [dot] wu [at] lse [dot] ac [dot] uk) not later than 15 June 2016. Respondents will be notified of the outcome of their proposal not later than 1 July 2016.

Announcements

  • Oil Gas and Energy Law 2 (2016) is now out – Emerging Issues in Polar Energy Law and Governance, prepared by Dr Tina Hunter (Aberdeen University Centre for Energy Law), this special on Emerging Issues in Polar Energy Law and Governance provides a up-to-date analysis of many aspects of a rapidly changing region, and the legal issues that dominate the Polar regions.
  • Di Tella University, from Argentina, is delighted to announce that the fourth issue of the Latin American Journal of International Law (Revista Latinoamericana de Derecho Internacional -LADI-) is now available online. The Journal is the first Latin American publication devoted to promoting the discussion of general topics of Public International Law from different perspectives in the region. LADI’s fourth issue includes articles by William Schabas, Roberto Gargarella, and Alejandro Chehtman, as well as discussions about international criminal law in the Americas, the role of international law in the early history of Latin America, and foreign debt restructuring, amongst others. The latest issue can be found here.  

Our previous events and announcements post 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.