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New Issue of EJIL (Vol. 29 (2018) No. 4) Published Today

Published on February 13, 2019        Author: 
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The latest issue of the European Journal of International Law (Vol. 29, No. 4) is out today. As usual, the table of contents of the new issue is available at EJIL’s own website, where readers can access those articles that are freely available without subscription. The free access article in this issue is Veronika Fikfak’s Changing State Behaviour: Damages before the European Court of Human Rights. EJIL 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.

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New Issue of EJIL (Vol. 29 (2018) No. 4) Out This Week

Published on February 11, 2019        Author: 
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The latest issue of the European Journal of International Law will be published this week. Over the coming days, we will have a series of editorial posts by Joseph Weiler, Editor in Chief of EJIL. These posts will appear in the Editorial of the new issue. 

Here is the Table of Contents for this new issue:

Otto Dix, Stoßtruppen gehen unter Gas vor, 1924

Editorial

Editorial: The European Dream Team; Nine Good Reads and One Viewing; EJIL Roll of Honour; In This Issue

Honouring Raphael Lemkin: The 70th Anniversary of the Genocide Convention

Johann Justus Vasel, ‘In the Beginning, There Was No Word …’

ESIL Keynote Address

Jan Klabbers, On Epistemic Universalism and the Melancholy of International Law Read the rest of this entry…

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Announcements: UN Audiovisual Library of International Law; CfA Correcting Inequality through Law; Leicester Law School Conference – Migrants’ Rights at a Crossroads; ASIL Roundtable on New Perspectives in International Legal Theory

Published on February 10, 2019        Author: 
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1. New Additions to the UN Audiovisual Library of International Law. The Codification Division of the Office of Legal Affairs recently added the following lectures to the Lecture Series of the United Nations Audiovisual Library of International Law (AVL) website: Ms. Silvia Fernández de Gurmendi on “The International Criminal Court twenty years after its establishment: consolidation or decadence?” (in Spanish), and Mr. Eduardo Bertoni on “Human Rights and the Internet: International Standards” (in Spanish). The Audiovisual Library is also available as an audio podcast, which can be accessed through the preinstalled applications in Apple or Google devices, through Soundcloud or through the podcast application of your preference by searching “Audiovisual Library of International Law”. The UN Audiovisual Library of International Law provides high quality international law training and research materials to users around the world free of charge.

2. Call for Applications: ERC funded project on “Correcting Inequality through Law”. The Institute for International and Comparative Public Law of the University of Münster is looking for up to five candidates to fill PhD positions in the context of the research project “Correcting Inequality through Law”. The project, which is led by Professor Dr. Niels Petersen and funded by a Consolidator Grant of the European Research Council, analyses how apex courts conceptualize equality in constitutional and international human rights law. It will be based on a comparative study of the equality jurisprudence of 16 jurisdictions. The deadline for applications is 31 March 2019. More information can be found here.

3. Leicester Law School Conference: Migrants’ Rights at a Crossroads. Leicester Law School is holding a conference on 22 March entitled “Migrants’ Rights at a Crossroads: Seizing the Moment(um) of the UN Global Compact on Migration and the SDGs 2030 to forge a new path for the protection of migrants’ rights”. Generously supported by the Modern Law Review, the conference brings together experts from international institutions and academia to discuss the prospects for migrants’ rights protection in light of the UN Global Compact on Migration and the SDGs 2030. To register for the conference, please see here

4. ASIL Roundtable on New Perspectives in International Legal Theory. The ASIL International Legal Theory Interest Group will use its business meeting at the ASIL Annual Meeting (27 30 March 2019) to hold a roundtable on “New Perspectives in International Legal Theory.” The roundtable will provide an opportunity for three scholars to present and receive feedback on unpublished papers addressing topics related to international legal theory. Other Interest Group members will be invited to read the selected papers in advance of the roundtable to facilitate a vibrant discussion. Scholars wishing to participate should submit a one-page abstract to the Interest Group’s chair, Evan Criddle (ejcriddle {at} wm(.)edu), by 25 February 2019. With the abstract submission, applicants should include their contact information, professional title, institutional affiliation, and number of years teaching in the academy. Preference will be given to scholars who have been teaching at an academic institution in the United States for seven years or fewer, but all submissions are welcome. Successful applicants must commit to deliver their draft paper for circulation to the Interest Group no later than 10 March 2019.

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Announcements: International Cultural Heritage Law Summer School; Legal Resilience in an Era of Hybrid Threats Conference; Call for Rapporteurs OUP; Chatham House Conference – Security and Prosperity in the Asia-Pacific; CfP Protecting Community Interests under International Law; Summer School on Human Rights in Theory and Practice

Published on February 3, 2019        Author: 
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1. International Cultural Heritage Law Summer School 2019. The summer school, from 17 – 28 June 2019, is organized by the Art-Law Centre and the UNESCO Chair in the International Law of the Protection of Cultural Heritage of the University of Geneva, in collaboration with the University of Miami School of Law. The summer school aims to develop the students’ awareness and general understanding of the main substantive themes of international cultural heritage law, namely: the trade in cultural objects; the restitution of stolen or looted artworks; the protection of cultural property in the event of armed conflict; the protection of the built heritage from natural and human-induced disasters; the safeguarding of the intangible cultural heritage and of the diversity of cultural expressions. See here for further information. 

2. Legal Resilience in an Era of Hybrid Threats Conference. The Exeter Centre for International Law invites you to a conference on “Legal Resilience in an Era of Hybrid Threats” on 8 – 10 April 2019 at the University of Exeter. The aim of the event is to explore the legal challenges presented by lawfare, hybrid threats and gray zone conflict and to develop the notion of legal resilience as a framework for countering these challenges more effectively. Confirmed speakers include Professor Jutta Brunnée (Toronto), Brigadier General (ret) Richard Gross, Professor Melissa de Zwart (Adelaide), Marlene Mazel (Israel, Ministry of Justice), Professor Geoffrey Corn (South Texas), Professor Charlie Dunlap (Duke). The event is held in collaboration with the European Centre of Excellence for Countering Hybrid Threats, the Geneva Centre for Security Policy and the Lieber Institute of the United States Military Academy. Further details, including the draft conference programme and online registration, are available here. A reduced rate is available to students enrolled full-time on higher education programmes.

3. Call for Rapporteurs: Oxford University Press. Oxford University Press welcomes applications from those who would be interested in acting as rapporteurs for Oxford International Organizations (OXIO). OXIO is a database of annotated documents pertaining to the law of international organizations and includes resolutions of international organizations, reports of legal advisers, judicial decisions, international agreements, or any act of legal relevance. Rapporteurs have the task of identifying relevant materials and providing a short legal commentary on these documents. Find out more online about the Call for Rapporteurs and OXIO.

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Joint Blog Series on International Law and Armed Conflict: Are Sieges Prohibited under Contemporary IHL?

Published on January 30, 2019        Author: 
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Editor’s Note: This post the final post in the joint series hosted by the ICRC Humanitarian Law & Policy BlogEJIL Talk! and Lawfare, and arising out of the 6th Transatlantic Workshop on International Law and Armed Conflict held at the European University Institute in Florence in July.

Contemporary armed conflicts in Syria, Yemen or Iraq have seen a resurgence of sieges of cities and other densely populated areas. This ancient—some would say archaic or medieval—method of warfare is expected to be increasingly used in future urban conflicts. The catastrophic humanitarian consequences of recent prolonged sieges—such as in Ghouta (Syria), where civilians are starving because of lack of access to objects indispensable to their survival—have led to widespread condemnations by the international community (see e.g., UN Security Council Resolution 2139 (2014)). The question discussed here is what does international humanitarian law (IHL) say about siege warfare? Is it explicitly ruled out? How might IHL rules and principles constrain siege warfare?

No explicit IHL rules against siege warfare

Sieges are not per se an explicitly prohibited method of warfare under IHL. On the contrary, one could say that IHL implicitly allow sieges by merely mentioning steps to be taken to mitigate their negative effects on civilians and civilian objects (Art 27 1907 Hague Regulations; Art 15 GCI; Art 18 GCII; Art 17 GCIV).

Sieges have been used throughout history and military doctrine usually regards sieges as essential to the effective conduct of hostilities in order to control a defended locality and obtain surrender or otherwise defeat the enemy through isolation. Since sieges are a harsh method of warfare and are based on almost complete isolation of the besieged locality, their use will almost inevitably involve frictions with numerous rules and principles of IHL—at least when the besieged area involves civilian presence.

Numerous constraints on siege warfare

There are a number of IHL prohibitions that may constrain siege warfare. These include the prohibition against terrorizing the civilian population (Art 51(2) API; Art 13(2) APII; CIHL Study, Rule 2), the prohibition of collective punishment (Art 75 API; Art 4 APII; CIHL Study, Rule 103) or the prohibition of human shields (Art. 51(5) API; CIHL Study, Rule 97). The most obvious prohibition that impacts siege warfare, however, is the prohibition of starvation of civilians (Art 54(1) API; Art 14 APII).There is also a question as to whether conduct of hostilities rules, and the principle of proportionality in particular, may serve as an additional constrain on siege warfare Article 51(5)(b) of API CIHL Study, Rule 14). The present blog post will focus on the latter two—the prohibition against starving civilians, purposefully or incidentally, and the principle of proportionality.   Read the rest of this entry…

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Joint Symposium: Chatham House Report on Proportionality in the Conduct of Hostilities – Some Key Elements

Published on January 28, 2019        Author: 
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This is the first post in our joint symposium arising out of the publication of the Chatham House report, Proportionality in the Conduct of Hostilities: The Incidental Harm Side of the Assessment. This piece is cross-posted on Just Security.

At the end of 2018 the International Law Programme at Chatham House published a report analysing the key steps in making assessments about proportionality under international humanitarian law, with a particular focus on incidental harm.  The rule of proportionality as formulated in Article 51 of Additional Protocol I of 1977 (AP I) requires belligerents to refrain from attacks ‘which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated’.

The report addresses three sets of questions: first, the criteria of causation and foreseeability, the weight to be assigned to particular kinds of harm, and how to assess whether the expected incidental harm is excessive in relation to the anticipated military advantage; second, the types of incidental harm to be considered in proportionality assessments; and, third, a number of legal questions raised by the implementation of the rule in practice.

After putting the rule of proportionality into context, this blog post presents four of the points that the report seeks to clarify.  These are: the causation of the incidental harm and whether it is foreseeable; ‘knock-on’ or ‘reverberating’ harm; the types of injury to civilians to be considered; and the notion of ‘excessive’ incidental harm. Read the rest of this entry…

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Announcements: UN Audiovisual Library of International Law; PhD Summer School; CfP The Legitimacy of International Investment Law and Arbitration; Frankfurt Investment Law Workshop; Junior Faculty Forum for International Law; International Workshop on the Protection of the Environment in Relation to Armed Conflict; The International Institutional Lawyer as Scholar and as Practitioner

Published on January 27, 2019        Author: 
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1. New Addition to the UN Audiovisual Library of International Law. The Codification Division of the Office of Legal Affairs recently added the following lecture to the Lecture Series of the United Nations Audiovisual Library of International Law (AVL) website: Mr. Carlos Espósito on “State Immunity and Human Right” (in Spanish). The Audiovisual Library is also available as an audio podcast, which can be accessed through the preinstalled applications in Apple or Google devices, through Soundcloud or through the podcast application of your preference by searching “Audiovisual Library of International Law”. The UN Audiovisual Library of International Law provides high quality international law training and research materials to users around the world free of charge.

2. PhD Summer School. iCourts – Centre of Excellence for International Courts, University of Copenhagen and PluriCourts will host their 7th PhD Summer School 17 – 21 June 2019. The PhD Summer School is a high-level Summer School for PhD students working on international courts in their social and political context. Are you willing to present your work and to share your intellectual curiosity with others this is the place for you? You will exchange and confront the thoughts of your thesis with people from around the world with different backgrounds, while being guided by expert researchers and professors. Deadline for application is 1 February 2019. For more information, see here

3. Call for Papers: The Legitimacy of International Investment Law and Arbitration in Protecting Human Rights. LEGINVEST and PluriCourts, in collaboration with Monash University and the Minerva Center for Human Rights at the Hebrew University of Jerusalem, are organizing an international symposium on the legitimacy and increasingly important role for international investment law and arbitration in the protection of international human rights (4 – 5 September 2019 in Oslo). This  workshop/symposium invites papers from a wide array of perspectives and disciplines, focusing on the questions of synergetic linkages between investment law and human rights law and how that can be achieved. Comparative, empirical and cross-disciplinary work is especially welcome. Deadline for submitting an abstract is 1 March 2019. Read the Call for Papers hereRead the rest of this entry…

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Joint Blog Series on International Law and Armed Conflict: Medical Care in Armed Conflict

Published on January 25, 2019        Author: 
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The fourth post in our joint series hosted by the ICRC Humanitarian Law & Policy BlogEJIL Talk! and Lawfare, and arising out of the 6th Transatlantic Workshop on International Law and Armed Conflict, ‘Medical Care in Armed Conflict’, by Marco Sassoli is available now over on the Humanitarian Law & Policy blog (Part I and Part II). 

Here’s a snippet from Marco’s post: 

What constitutes acts harmful to the enemy by medical personnel is controversial. Most consider that the term is wider than that of direct participation in hostilities (see e.g., here at 411, here and here at 329). This is correct for medical units and transports for whom the concept is specifically used in the treaties. The phrase includes not only overt hostilities, but also sheltering able-bodied combatants or fighters.

In my view, however, persons lose their special protection only if they directly participate in hostilities. It is true that the above-mentioned examples of acts harmful to the enemy do not constitute direct participation in hostilities. However, this stems simply from the fact that the expression ‘acts harmful to the enemy’ was elaborated for medical units and establishments, while ‘direct participation in hostilities’ refers to persons. A hospital can obviously not directly participate in hostilities, but it can be used to commit acts harmful to the enemy if it shelters able-bodied combatants. Although I must admit that this interpretation remains subject to controversy, my opinion is that this same logic does not apply to medical personnel. That is, if medical personnel were to shelter an able-bodied combatant, this action should not be considered as an act harmful to the enemy entailing a loss of protection. Admittedly, my interpretation will raise controversy. For instance, driving an ammunition truck from a port to a place where the ammunition will be stocked does not constitute direct participation in hostilities (see here at 56), while most would argue that, if committed by medical personnel, it would be an act harmful to the enemy. However, this conclusion has only a limited practical impact, because regardless of who is driving the truck, the truck is may be targeted, as a legitimate military objective. And, the status of the driver is unlikely to outweigh the military advantage in making the proportionality assessment.

Read the rest of Marco’s post over on the Humanitarian Law & Policy blog (Part I and Part II).  Read the rest of this entry…

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Announcements: Cambridge International Law Conference; UN Audiovisual Library of International Law; CfA Manchester International Law Centre; International Economic Law Focus Doctorate; JUFIL and GRILI Conference; CfP Northern European Conference on Emergency and Disaster Studies; New Blog on International Economic Law Matters in Africa; CfP Eighth PEPA/SIEL Conference; RECONNECT Workshop

Published on January 20, 2019        Author: 
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1. 8th Annual Cambridge International Law Conference 2019. Registration for the 2019 Cambridge International Law Conference taking place at the Faculty of Law, University of Cambridge on the 20 and 21 of March 2019 is now open. To register, please see here. For further information, see here.  

2. New Additions to the UN Audiovisual Library of International Law. The Codification Division of the Office of Legal Affairs recently added the following lectures to the Lecture Series of the United Nations Audiovisual Library of International Law (AVL) website: Ms. María Teresa Infante Caffi on “The Antarctic under international law“ (in Spanish) and Ms. Leila Nadya Sadat on “Interpreting the Statute of the International Criminal Court“. The Audiovisual Library is also available as an audio podcast, which can be accessed through the preinstalled applications in Apple or Google devices, through Soundcloud or through the podcast application of your preference by searching “Audiovisual Library of International Law”. The UN Audiovisual Library of International Law provides high quality international law training and research materials to users around the world free of charge.

3. Call for Applications: Manchester International Law Centre. The Manchester International Law Centre (MILC) is holding its first Emerging Scholars Workshop on 25 June 2019 in Manchester. The aim of the Workshop is to bring together a carefully selected group of eight doctoral students. During the workshop, the participants will receive tailored feedback on their research project through closed roundtable discussions with Jean d’Aspremont, Iain Scobbie and John Haskell. In addition to the roundtable discussions, the event will also include sessions on publishing in international law and how to prepare for a job interview and compose postdoc applications. Applicants are expected to be at an advanced stage of their PhD studies and must be focusing their doctoral research on a question related to international law, international legal practice, and/or international legal theory. Abstracts of no more than 500 words and a one-page CV should be submitted to isil.aral {at} manchester.ac(.)uk by 15 March 2019. The subject line of the email must read “MILC PhD Workshop” followed by the surname of the author. For more details see: MILC Emerging Scholars Workshop. Read the rest of this entry…

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Joint Blog Series on International Law and Armed Conflict: Better Safe Than Sorry: Transferring Detainees Safely to Coalition Partners

Published on January 19, 2019        Author: 
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The third post in our joint series hosted by the ICRC Humanitarian Law & Policy BlogEJIL Talk! and Lawfare, and arising out of the 6th Transatlantic Workshop on International Law and Armed Conflict, “Better Safe Than Sorry: Transferring Detainees Safely to Coalition Partners” by Tilman Rodenhäuser (ICRC) is available now over on Lawfare.

Here’s a taster of Tilman’s post:

Faithful application of the principle of non-refoulement can mean that it is not possible to lawfully transfer a person to another authority—for instance when the recipient authority is notorious for torturing or otherwise ill-treating detainees, or for executing them without fair trial. Practically, this means that the international forces are stuck with the detainee during extraterritorial operations. Short-term solutions in such situations include keeping a detainee in accordance with applicable procedural safeguards, finding an alternative authority to which transfers are lawful, or releasing the detainee. For longer-term solutions, states should work more systematically with partners to ensure humane treatment of detainees, including through assisting in developing necessary rules and procedures, training partner forces, or jointly managing certain detention facilities.

In light of the various legal and operational challenges that extraterritorial detention may entail, it could seem tempting to avoid taking prisoners at all, for instance by conducting “partnered operations” in which only local partners take detainees.

Read the rest of Tilman’s post over on Lawfare.

Other posts in the series:

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