The latest issue of the European Journal of International Law (Vol. 25, No. 2) is out today. As usual, the table of contents of the new issue is available at EJIL’s own website, where readers can also access those articles that are freely available without subscription. The free access article in this issue is Sergio Puig’s Social Capital in the Arbitration Market. Next week, we will continue this issue’s EJIL:Debate! with a rejoinder by László Blutman to Guzman and Hsiang’s reply to his essay Conceptual Confusion and Methodological Deficiencies: Some Ways That Theories on Customary International Law Fail. In September, we will hold a discussion of Puig’s article. Subscribers have full access to the latest issue of the journal at EJIL’s Oxford University Press site. Apart from articles published in the last 12 months, EJIL articles are freely available on the EJIL website.
In an earlier Editorial I speculated on the potential transformative effect that the 2014 elections to the European Parliament might have on the democratic fortunes of Europe. I spoke of promise and risk. So now the results are out. How should we evaluate them?
I will address the three most conspicuous features of the recent elections – the anti-European vote, the continued phenomenon of absenteeism, and the innovation of the Spitzenkandidaten.
The Anti-European Vote and the I-don’t-Care-About-Europe Vote
The fathers have eaten sour grapes and the children’s teeth shall be set on edge.
In trying to explain the large anti-European vote (winners in France and the UK as well as some smaller Member States of the Union), much has been made of the effect of the economic crisis. Sure, it has been an important factor but it should not be used as an excuse for Europe to stick its head in the sand, ostrich-like, once more. The writing has been on the wall for a while.
In 2005 the constitutional project came to a screeching halt when it was rejected in a French referendum by a margin of 55% to 45% on a turnout of 69%. The Dutch rejected the Constitution by a margin of 61% to 39% on a turnout of 62%. (The Spanish referendum which approved the Constitution by 76% to 24% had a turnout of a mere 43%, way below normal electoral practice in Spain – hardly a sign of great enthusiasm.) I think it is widely accepted that had there been more referenda (rather than Ceausescian majority votes in national parliaments) there would have been more rejections, especially if the French and Dutch peoples had spoken at the beginning of the process.
It is also widely accepted that the French and Dutch rejections and the more widespread sentiment for which they were merely the clamorous expression were ‘a-specific’: they did not reflect dissatisfaction with any concrete feature of the ‘Constitution’ but expressed a more generic, inchoate, inarticulate unease, lack of enthusiasm not only for ‘more Europe’ but for Europe as it had become.
This early and less pathological ‘anti-European’ manifestation could not be explained away as a reaction to ‘the crisis’ – it occurred at a moment of prosperity and reasonably high employment. Europe was also riding high in the world, a promising contrast with America at its post-Iraq worst. Xenophobia was less à la mode and the immigrant issue less galvanizing – the supposed ‘invasion from the East’ was not a real issue. Europe was not ‘blamed’ for anything in particular, but it was clear that it had largely lost its mobilizing force. Read the rest of this entry…
The time has come to renew our Board of Editors and Scientific Advisory Board. We thank Iain Scobbie for his valuable service to the Journal, particularly as blog master for EJIL: Talk!, and we welcome Jean d’Aspremont and Jan Klabbers to the SAB. Dapo Akande and Anthea Roberts will now join the Board of Editors, whilst Francesco Francioni, after a number of years on the Editorial Board, will return to the SAB. We thank him for his committed and extraordinarily constructive contribution to the Journal.
We are pleased to open this issue with a second entry under our new rubric, EJIL: Keynote. In this lightly revised text of her lecture to the 5th European Society of International Law Research Forum, Anne Orford traces, with characteristic elegance and insight, the changing notions of science and scientific method that have shaped the international legal profession over the past century. Her account suggests important lessons for contemporary debates regarding the profession’s relevance and ability to respond to world problems.
The next three articles in the issue illustrate the growing toolkit of methodologies for the study of international law. Sergio Puig’s study of the social structure of investor-state arbitration makes innovative use of network analytics. Sharing some of the same methodological inclinations, Grégoire Mallard provides an extraordinarily rich historical-sociological account of the formation of the nuclear non-proliferation ‘regime complex’. And Tilmann Altwicker and Oliver Diggelmann adopt a broadly social constructivist approach to analyse the techniques used to create progress narratives in international law.
This issue includes a selection of papers from the Second Annual Junior Faculty Forum for International Law, held at the University of Nottingham in May 2013. Surveying the discourse and practice of minority language rights, Moria Paz analyses the striking disparity between the rhetoric of maximal diversity-protection found in human rights treaties and the writings of scholars, on the one hand, and the much more attenuated rights that are actually recognized in the jurisprudence and practice of international human rights adjudicatory bodies, on the other. Arnulf Becker Lorca recounts a ‘pre-history’ of self-determination that highlights the role of semi-peripheral élites in converting that political concept into an international legal right. We hope to publish one or two more papers from the Second Annual Junior Faculty Forum in future issues of the Journal.
In Roaming Charges, we feature a photograph of Places of Social and Financial Crisis: Dublin 2014. Read the rest of this entry…
The latest issue of the European Journal of International Law will be published this Friday. Over the course of the week, we will have a series of posts by Joseph Weiler – Editor in Chief of EJIL. These posts will then appear in the Editorial in the upcoming issue. Here is the Table of Contents:
Fateful Elections? Investing in the Future of Europe; Masthead Changes; In this Issue
Anne Orford, Scientific Reason and the Discipline of International Law
Sergio Puig, Social Capital in the Arbitration Market
Oliver Diggelmann and Tilmann Altwicker, How is Progress Constructed in International Legal Scholarship?
Grégoire Mallard, Crafting the Nuclear Regime Complex (1950-1975): Dynamics of Harmonization of Opaque Treaty Rules
New Voices: A Selection from the Second Annual Junior Faculty Forum for International Law
Moria Paz, The Tower of Babel: Human Rights and the Paradox of Language
Arnulf Becker Lorca, Petitioning the International: A ‘Pre-history’ of Self-Determination
Roaming Charges: Places of Social and Financial Crisis: Dublin 2014
László Blutman, Conceptual Confusion and Methodological Deficiencies: Some Ways That Theories on Customary International Law Fail
Andrew Guzman and Jerome Hsiang, Conceptual Confusion and Methodological Deficiencies: A Reply to László Blutman
Critical Review of International Jurisprudence
Loveday Hodson, Women’s Rights and the Periphery: CEDAW’s Optional Protocol
Critical Review of International Governance
Wolfgang Hoffmann-Riem, The Venice Commission of the European Council – Standards and Impact
Mark Mazower. Governing the World. The History of an Idea (Jochen von Bernstorff)
Monica García-Salmones Rovira. The Project of Positivism in International Law (David Roth-Isigkeit)
Carlo Focarelli, International Law as Social Construct. The Struggle for Global Justice (Lorenzo Gradoni)
Philipp Dann. The Law of Development Cooperation: A Comparative Analysis of the World Bank, the EU and Germany(Giedre Jokubauskaite)
E. Papastavridis. The Interception of Vessels on the High Seas, Contemporary Challenges to the Legal Order of the Oceans (Seline Trevisanut)
Kjetil Mujezinović Larsen, Camilla Guldahl Cooper and Gro Nystuen (eds). Searching for a ‘Principle of Humanity’ in International Humanitarian Law (Catriona H. Cairns)
Morten Bergsmo, LING Yan (eds). State Sovereignty and International Criminal Law (Alexandre Skander Galand)
Kevin Jon Heller and Gerry Simpson (eds). The Hidden Histories of War Crimes Trials (Milan Kuhli)
The Last Page
Kim Lockwood, The Waiting Room
A quick note about the rather serious technical problems we’ve been experiencing for the past week. The blog is occasionally crashing or behaving very slowly. We are aware of the problems but it has proven difficult to establish their root cause. We’re on it and hopefully we’ll manage to resolve them soon. Obviously we apologize for any inconvenience.
The Editorial Board of the European Journal of International Law is delighted to announce the launch of the Journal’s official podcast, EJIL: Live! Regular episodes of EJIL: Live! will be released in both video and audio formats to coincide with the publication of each issue of the Journal, and will include a wide variety of news, reviews, and interviews with the authors of articles appearing in that issue.
The first video episode features an extended interview between the Editor-in-Chief of the Journal, Joseph Weiler, and Maria Aristodemou, whose article “A Constant Craving for Fresh Brains and a Taste for Decaffeinated Neighbours” appears in issue 25:1. The first audio episode features a shorter, edited version of the same interview, as well as conversations with the Journal’s Book Review Editor, Isabel Feichtner, and the Editors of EJIL: Talk!, Dapo Akande and Marko Milanovic.
Episodes of EJIL: Live! can be accessed, in both audio and video formats, via the EJIL website at www.ejil.org and EJIL:Talk! at www.ejiltalk.org. EJIL: Live! is also available by subscribing to our EJIL: Live! channel on YouTube for videos and our EJIL: Live! account on SoundCloud to listen to our audio podcasts. Additional, special episodes will also be released from time to time to address a range of topical issues.
Stay tuned in with EJIL: Live!
The latest issue of the European Journal of International Law , the first of 2014, (Vol. 25, No. 1) is out today. As usual, the table of contents of the new issue is available at EJIL’s own website, as well as on EJIL’s Oxford University Press site. Readers can access those articles that are freely available from both places. As it happens, a good deal of the current issue is freely available even those readers without a subscription. Readers, with or without a subscription, can access Daniel Bethlehem’s article, “The End of Geography: The Changing Nature of the International System and the Challenge to International Law” as well as responses to that piece by David Koller and Carl Landauer . Also freely available are the articles in the Joint Symposium with the International Journal of Constitutional Law (I*CON): Revisiting Van Gend en Loos. Subscribers have full access to the journal at EJIL’s Oxford University Press site. Apart from articles published in the last 12 months, EJIL articles are freely available on the EJIL website.
It is my custom to publish in the first issue of the year some of our vital statistics for the year ending. One particular vital statistic concerns the number of downloads of EJIL articles in any given year. To be clear, we measure the number of downloads of all EJIL articles, not just those published in the year in question. The latest stats we have are from 2012, which saw 512,000 downloads. It is up from 400,000 or so in the previous year. It is an astonishing figure provided by OUP and I asked that it be audited. They stand by their figure. The large number is explained by two factors: a sizeable number of EJIL articles are used in classrooms and in course packs and reading lists – resulting in thousands of downloads around the world by students. And of course our ‘near’ open-access policy, whereby all articles more than a year old become part of our free archive, is another critical factor. Be that as it may, if you publish in EJIL you are likely to be read and often used in the classroom; if you read EJIL, you are in good, if crowded, company (unless you have the habit of downloading and not reading – certainly cheaper than photocopying and not reading).
I have already expressed my scepticism of the various ‘bibliometrics’ of journals in an earlier Editorial (23 EJIL (2012) no. 3) I find the much touted ‘impact factor’ most laughable, skewed as it is by the number of articles you publish per annum – the fewer, the better you are likely to do. We get penalized by our large number of shorter pieces – debates, reactions, critical jurisprudence and critical governance rubrics and the like. Much more significant would be the number of citations. This is not laughable but still earns my chagrin since the databases are so skewed in this instance towards the American domestic legal journal market and ignore for the most part citations in non-English language journals. No sour grapes here: we do very well regardless.
Various outfits run these stats. I believe the most serious and intelligent is that put out by Washington and Lee University in the United States, as a service to authors trying to choose publication venues which will give most exposure to their articles. It explains the vagaries of Impact Factor and offers a ‘combined’ score of citations (66%) and ‘impact factor’ (33%). In its class (specialized, refereed) EJIL is number one among non-USA legal journals. In overall ranking (US and Non-USA) it ranks 4th in terms of citation and 10th in its combined score. (Ohio State Journal of Criminal Law – a very worthy journal, used I imagine by a zillion American criminal lawyers, ranks as number 9 – you get the point). Read the rest of this entry…
We wish to thank the following colleagues who generously gave their time and energy to EJIL as external reviewers in 2013. Naturally, this does list does not include the dedicated members of our Editorial Boards and our Associate Editor.
Philip Alston, Antony Anghie, Helmut Aust, Asli Bali, Lorand Bartels, Tim Buthe, Graeme Dinwoodie, Abby Deshman, George Downs, Angelina Fisher, Mónica García-Salmones Rovira, Richard Gardiner, Bryant Garth, Matthias Goldmann, Peter Goodrich, Andrew Guzman, Laurence Helfer, Robert Howse, Ian Johnstone, Jan Klabbers, Jan Komarek, Martti Koskenniemi, David Kretzmer, Dino Kritsiotis, Nico Krisch, Jürgen Kurtz, Brian Lepard, George Letsas, David Luban, Christopher MacLeod, Lauri Mälksoo, David Malone, Carrie Menkel-Meadow, Frédéric Mégret, Tzvika Nissel, Angelika Nussberger, Sergio Puig, Donald Regan, Stephen Schill, Gregory Shaffer, Thomas Skouteris, Anna Sodersten, Alan Sykes, Michael Waibel, Steven Wheatley