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Announcements: GoJIL CfP The Law Behind Rule of Law Transfers; CfA Environmental Protection, Resource Rights and Evolving Geopolitics in Antarctica; CfP Italian Society of International and EU Law; Criminal Justice and Accountability in Africa Conference

Published on October 15, 2017        Author: 

1. The Law Behind Rule of Law Transfers – GoJIL Call for Papers. In 2018, with Till Patrik Holterhus as special issue editor, the Goettingen Journal of International Law (GoJIL) will publish a special issue on “The law behind rule of law transfers”. This GoJIL special issue will feature several case studies that identify and explore the legal sources, norms and procedures that drive and govern the various transfer processes, with a particular focus on transfers occurring in complex, interdependent supranational and international contexts. The submissions deadline for papers is 31 December 2017. The full GoJIL call for papers can be found here.

2. Call for Abstracts: Environmental Protection, Resource Rights and Evolving Geopolitics in Antarctica. This call for abstracts is for the session about “Environmental Protection, Resource Rights and Evolving Geopolitics in Antarctica” of the POLAR2018 Open Science Conference. The conference is a joint event from the Scientific Committee on Antarctic Research (SCAR) and the International Arctic Science Committee (IASC), and will take place in Davos, Switzerland from 15 – 26 June 2018. This is the session SH-1 of Social Sciences and Humanities category of the meeting’s program. The deadline for submissions is 1 November 2017. More information and a description of the session can be found here. Details on abstract submission can be found here. More information about the POLAR2018 meeting can be found here.

3. Call for Papers for the ​XXIII Annual Conference of the Italian Society of International and EU Law (SIDI-ISIL). On 7-8 June 2018, the University of Ferrara will host the XXIII Annual Conference of the Italian Society of International and EU Law (SIDI-ISIL). The Conference’s theme is Codification in International and EU Law. One session of the Conference will deal with Coordination between different codification instruments (8 June 2018, 9am – 1pm). Speakers will be selected through a call for papers. Scholars of any affiliation and at any stage of their career are invited to submit proposals, either in English or in Italian. The deadline for submitting proposals is 10 January 2018. The call for papers and further information are available here. Proposals and any communications relating to this call should be sent via email to: callsidi2018 {at} unife(.)it​.​

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Joint Blog Series on International Law and Armed Conflict: Geoff Corn on Wounded and Sick, Proportionality, and Armaments

Published on October 11, 2017        Author: 

The fourth post in our joint blog series arising from the 2017 Transatlantic Workshop on International Law and Armed Conflict, ‘Wounded and Sick, Proportionality, and Armaments’- by Geoffrey Corn (South Texas College of Law Houston) is now available on Lawfare.

Here’s an excerpt: 

Imagine you are commanding forces that have just repulsed a combined arms enemy ground attack. The enemy is now withdrawing, and you observe what are obviously wounded enemy soldiers being loaded onto enemy combat vehicles. You fully anticipate the enemy to regroup in order to continue the offensive. These vehicles are not protected because they are not properly marked nor exclusively engaged in the collection and evacuation of the wounded and sick. Instead, the enemy is employing the common practice of evacuating wounded with any available combat vehicle. While this is occurring, other enemy forces are providing covering fires in support of the withdrawal. You have on-call close air support assets, and your air support coordination liaison asks if the enemy vehicles should be attacked? The enemy vehicles are lawful objects of the attack, but you know that the military wounded and sick must be respected and protected. It is therefore clear that an attack may not be directed against the wounded enemy soldiers. But the ICRC’s updated Commentary asserts that before launching the attack on the withdrawing enemy forces who are not hors de combat you must assess whether the risk created to the wounded enemy personnel is excessive in relation to the concrete and direct military advantage anticipated.

[…]

Suggesting that such an obligation is logically inferred from the civilian proportionality rule is fundamentally flawed, because unlike military personnel, civilians (who do not take a direct part in hostilities) do not accept the risks of combat. 

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Announcements: Post-Doctoral Researcher “Individualization of War Project”; Oxford Global Justice Lecture 2017; UN Audiovisual Library of International Law; Ghent University Conference – ‘Freedom under Pressure’

Published on October 8, 2017        Author: 

1. The European Research Council Funded Research Project on “The Individualization of War: Reconfiguring the Ethics, Law, and Politics of Armed Conflict” (IOW) Seeks a Postdoctoral Researcher. The IOW project is based at the European University Institute & the Oxford Institute for Ethics, Law and Armed Conflict. The successful applicant will work closely with Professor Dapo Akande (who is based in Oxford and is co-investigator on the project). She or he will conduct research on the application of human rights law in armed conflict and on the relationship between human rights law and international humanitarian law.  Candidates should have an outstanding PhD in international law but should be excited about working in an inter-disciplinary team which includes international relations scholars and moral philosophers. The position is for one year and will start in December 2017 or January 2018. Further details on the project is available here the position. Full details about the position and the application process can be found here.

2. Oxford Global Justice Lecture 2017: Fatou Bensouda, Prosecutor of the International Criminal Court – “Reflections on Peace & Justice in the 21st Century”. The Oxford  Global Justice Lecture will be given this year by Fatou Bensouda, Prosecutor of the International Criminal Court on Thursday 12 October at 5.00pm. How does the pursuit of international criminal justice contribute towards the ends of peace? Should justice be sequenced to cater for peace processes or can a workable harmony be found to advance both these virtues?  This lecture will aim to answer these important questions, more specifically within the Rome Statute legal framework. The Oxford Global Justice Lecture is delivered each year, at the Faculty of Law, University of Oxford by a leading figure in international law. The lecture series is generously supported by the Planethood Foundation. Previous lecturers have been Patricia O’Brien, then Under-Secretary General for Legal Affairs at the United Nations (2013); Judge Theodor Meron, President of the UN Mechanism for International Tribunals & then President of the International Tribunal for the former Yugoslavia (2014); Judge Christopher Greenwood KCMG, QC, Judge of the International Court of Justice (2015). For more details see here. Read the rest of this entry…

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Announcements: Oxford Global Justice Lecture; CfP Ethiopian Yearbook of International Law; Who Makes International Law?

Published on October 1, 2017        Author: 

1. Oxford Global Justice Lecture 2017: Fatou Bensouda, Prosecutor of the International Criminal Court – “Reflections on Peace & Justice in the 21st Century”. The Oxford  Global Justice Lecture will be given this year by Fatou Bensouda, Prosecutor of the International Criminal Court on Thursday 12 October at 5.00pm. How does the pursuit of international criminal justice contribute towards the ends of peace? Should justice be sequenced to cater for peace processes or can a workable harmony be found to advance both these virtues?   This lecture will aim to answer these important questions, more specifically within the Rome Statute legal framework. The Oxford Global Justice Lecture is delivered each year, at the Faculty of Law, University of Oxford by a leading figure in international law. The lecture series is generously supported by the Planethood Foundation. Previous lecturers have been Patricia O’Brien, then Under-Secretary General for Legal Affairs at the United Nations (2013); Judge Theodor Meron, President of the UN Mechanism for International Tribunals & then President of the International Tribunal for the former Yugoslavia (2014); Judge Christopher Greenwood KCMG, QC, Judge of the International Court of Justice (2015). For more details see here.

2. Who Makes International Law? The Case of the Law of Armed Conflict. On Thursday 12 October 2017 (18:00 – 19:00) at UCL Gavin de Beer Lecture Theatre, Anatomy Building, Gower Street, London WC1E 6BT, Professor Sandesh Sivakumaran (The University of Nottingham) will lecture as part of the Current Legal Problems 2017-18 series. The subject of the lecture is Who makes international law? focusing on the particular case of the law of armed conflict (international humanitarian law). Is it states and only states? Or are other actors also involved? What is the role of courts and tribunals? And where does the work of the International Committee of the Red Cross fit? The lecture will examine these questions and argue that it is the community of international humanitarian lawyers which makes international humanitarian law. It will identify the composition of the community, test the argument against key reference points in the law of armed conflict, and examine the implications of the argument. Read the rest of this entry…

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The Fifth Transatlantic Workshop on International Law and Armed Conflict: Introduction to a Joint Blog Series

Published on September 27, 2017        Author: 

Over the coming weeks, three blogs – IntercrossEJIL:Talk!, and Lawfare – will host a joint blog symposium on International Law and Armed Conflict. The series will feature posts by some of the participants at the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, which was held at the European University Institute in Florence in late July. As in previous years, the workshop brought together a group of academic, military, and governmental experts from both sides of the Atlantic. The roundtable, held under the Chatham House Rule, was held over two days and examined contemporary questions of international law relating to military operations.

This summer, there a particular emphasis on issues arising from the ICRC’s updated commentaries to the 1949 Geneva Conventions. The publication of the updated commentaries provided an opportunity to revisit some of the core issues that relate to the obligations of parties to conflicts under Common Article1 (the obligation to respect and ensure respect), issues relating to classification of situations of violence as non-international or international armed conflicts under Common Articles 2 and 3, as well as issues relating to humanitarian access which arise under Common Article 3 and Common Articles 9/9/9/10 of the Conventions. The sessions also examined protection of the wounded and sick; cyberspace and the LOAC; and the Common Article 3 concept of non-state armed groups.

Some of those who attended the workshop have agreed to participate in a series of blog posts focusing on specific topics that were addressed during the workshop. Each blog post represents the different authors’ perspectives, and not necessarily those of anyone else at the workshop, nor any of the institutions represented.

Intercross kicked off the series yesterday with a post from Marten Zwanenburg (Netherlands Ministry of Foreign Affairs) on “The Obligation to ‘Ensure Respect’ for IHL: The Debate Continues” (available here). Read the rest of this entry…

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Announcements: PluriCourts Call for Applications for Postdoctoral Fellowships; H-CSRC Cyber Law Program Post-Doctorate Applications; CfP 2018 ASIL Annual Meeting New Voices; CfP Military Law and the Law of War Review; CfP Central Asian Yearbook of International and Comparative Law; Paul Guggenheim Prize in International Law 2017

Published on September 24, 2017        Author: 

1. PluriCourts Call for Applications for Postdoctoral Fellowships in Political Philosophy or Legal Theory. PluriCourts invites applications for up to two 2-year Postdoctoral Fellowships in Political Philosophy or Legal Theory on the legitimacy of International Courts and Tribunals. PluriCourts is a Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, at the University of Oslo. The deadline for applications is 1 November 2017. Read the full announcement here

2. HUJI Cyber Security Research Center (H-CSRC) Cyber Law Program – The Interface between Cyber Security and Military Applications of Human Enhancement: Call for Post-Doctorate Applications. The mission of the H-CSRC is to advance both basic and applied research in order to improve cyber security. The current call for applications is for a post-doctorate fellowship working on the legal implications of the interface between cyber security and military applications of human enhancement. The research will be largely rooted in international human rights and humanitarian law, but will also include ethical and policy implications of these technologies. In addition to conducting research, the Fellow will also play a central role in the coordination of project activities and the preparation of grant applications for further work in this area. The application deadline is 15 October 2017. More information is available here.

3. Call for Papers – 2018 ASIL Annual Meeting New Voices. From 4 – 7 April 2018, the American Society of International Law will convene its 112th Annual Meeting. The theme of the 2018 Meeting is “International Law in Practice.” As in the past, the Annual Meeting will include at least one “New Voices” session that will provide a platform for junior scholars and practitioners to present their work. ASIL invites submissions from non-tenured scholars and junior practitioners on any topic of international law in connection with the Meeting’s theme.  Those who submitted an abstract as part of the call for session proposals need not re-submit; those abstracts remain under consideration. Abstracts should be well-developed and reflect advanced progress on a paper that will be presented at the Meeting. Final papers will be due by 26 March 2018. Send your abstract to asilannualmeeting {at} asil(.)org by no later than 9 October 2017, with the subject line “New Voices Proposal.” Please send the abstract as a Microsoft Word attachment, including your name and contact information (email address & affiliation). Abstracts should be no longer than 1000 words. Notifications will be made by the end of October. Read the rest of this entry…

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Announcements: ILA British Branch Conference; iCourts Visiting Programme; PluriCourts Workshop; CfP 60 Years of the NY Convention on the Recognition and Enforcement of Foreign Arbitral Awards; CfP Conference on Disarmament; International Administrative Law Centre of Excellence Conference

Published on September 17, 2017        Author: 
1. ILA British Branch Conference. This year’s conference will take place on September 22 and 23 at the offices of Clifford Chance. With the theme New International Order in an Isolationist World the conference will address the pressing challenges faced by international law in the political and economic climate prevailing in many regions of the world. These include the challenges caused by rising populism in Europe and North America and reactions against free trade and economic interdependence, manifested most obviously in the Brexit referendum and policies advocated by President Trump, the changing foreign policies of many countries towards military and diplomatic intervention in politically unstable regions and the flows of refugees into Europe, the role of international criminal law in the modern world along with the challenges faced by the International Criminal Court, and the increased scrutiny of the legitimacy of investment treaty arbitration, whether as a standalone system or as an aspect of mixed trade and investment agreements. The conference will begin with a keynote address from Ben Emmerson QC, UN Special Rapporteur on Counter-Terrorism and Human Rights followed by six panels covering the following topics: peace and security; human rights and international humanitarian law; international trade law; international investment law; regionalism; and accountability and remedies under international law, and will include selected speakers drawn from private practice, the public sector and academia in order to incorporate diverse perspectives, both theoretical and practical, on the conference theme. To view the conference programme and to register see here.
 
2. iCourts Visiting Programme. iCourts strongly encourages researchers – from PhD-students to tenured Professors – to visit iCourts and share their knowledge. Contributions may consist of published articles that credit iCourts, data-sharing, contribution to analysis, co-authorship with permanent iCourts staff, printed interviews with relevant people and other relevant documentation. Researchers with a particular interest in a closer association to iCourts may apply for an iCourts visitors grant. iCourts handle grant applications on an ad hoc basis, and offer the possibility of applying for research visits of up to 1 year. All incoming applications will be evaluated after 1 April and 1 October each year. For more information about the Visiting programme and how to apply, please see here.
 
3. PluriCourts Workshop on the Political and Legal Theory of International Courts and Tribunals. PluriCourts invites you to a workshop on The political and legal theory of international courts and tribunals, to take place in Oslo 18 – 19 June 2018. We welcome papers that address one or more such International Courts (ICs), on such themes as: the appropriate legitimacy standards for ICs from the perspectives of history of ideas and/or contemporary legal and political theory, such as human rights, transparency, or rule of law; their multilevel separation of authority, and its impact on adjudication; norm-indeterminacy and international adjudication; specialization and fragmentation in ICs; ICs and the international rule of law; and, independence and accountability of ICs. The deadline for submitting expressions of interest, with abstract, is 1 November. Some travel grants are available. 

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In Memoriam: Frits Kalshoven

Published on September 11, 2017        Author: , and

The world has lost one of its greatest international humanitarian law scholars.

On Wednesday 6 September 2017, at the respectable age of 93, emeritus professor Frits Kalshoven passed away. Professor Kalshoven was one of the most well-known and respected international humanitarian law (IHL) scholars, but above all, he was a very kind, warm and humble person – insisting, for example, to always be addressed by his first name. He was a mentor on IHL for us, as he has been to so many. Indeed, for years, the first introduction to IHL for many students was his book “Constraints on the Waging of War”.

Frits began his career as an officer in the Royal Dutch Navy (1945-1967). During his service, he studied law in Leiden. After completing his studies in 1958, he taught law, including IHL, at the Royal Naval Academy. When he left the navy, he joined the law school of Leiden University, where he wrote his PhD on belligerent reprisals (1971), the publication of which is still regarded the standard work on this topic (and which was reprinted in 2005). Between 1975 and 1989, he held the Red Cross Chair in IHL at Leiden University and subsequently was a professor at Groningen University (1999-2002), before returning to Leiden as professor emeritus. As a member of the Dutch delegation, he negotiated, and was one of the drafters, of the 1977 Additional Protocols; and the Certain Conventional Weapons Convention of 1980.

Frits had an enormous passion for IHL. Although he gave his valedictory lecture in 1989 in Leiden, he never really actually retired, but rather continued to be actively involved in the humanitarian law field, helping to shape and develop it. Besides teaching full courses and guest lectures at various universities, he was the first Chairman of the UN Commission of Experts to investigate serious violations of IHL in the Former Yugoslavia (1992-1993), and was a member and president of the International Humanitarian Fact-Finding Commission (1991-2001). He was a long-term Advisor to the Board of the Netherlands Red Cross (1971-1993), and after that always ready to support its IHL department with advice and contributions to its events. Until the very last moment, he continued to attend international law events to engage with other scholars and practitioners, in nearby The Hague, but also in San Remo. Read the rest of this entry…

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Announcements: ILA British Branch Conference; Revista Latinoamericana de Derecho Internacional

Published on September 10, 2017        Author: 
1. ILA British Branch Conference. This year’s conference will take place on September 22 and 23 at the offices of Clifford Chance. With the theme New International Order in an Isolationist World the conference will address the pressing challenges faced by international law in the political and economic climate prevailing in many regions of the world. These include the challenges caused by rising populism in Europe and North America and reactions against free trade and economic interdependence, manifested most obviously in the Brexit referendum and policies advocated by President Trump, the changing foreign policies of many countries towards military and diplomatic intervention in politically unstable regions and the flows of refugees into Europe, the role of international criminal law in the modern world along with the challenges faced by the International Criminal Court, and the increased scrutiny of the legitimacy of investment treaty arbitration, whether as a standalone system or as an aspect of mixed trade and investment agreements. The conference will begin with a keynote address from Ben Emmerson QC, UN Special Rapporteur on Counter-Terrorism and Human Rights followed by six panels covering the following topics: peace and security; human rights and international humanitarian law; international trade law; international investment law; regionalism; and accountability and remedies under international law, and will include selected speakers drawn from private practice, the public sector and academia in order to incorporate diverse perspectives, both theoretical and practical, on the conference theme. To view the conference programme and to register see here.
2. New Issue: Revista Latinoamericana de Derecho Internacional. The fifth issue of the Latin American Journal of International Law (Revista Latinoamericana de Derecho Internacional -LADI-) is now available online. LADI’s sixth issue includes a special dossier on history and human rights, featuring articles by Samuel Moyn, Juan Pablo Scarfi, Lynn Hunt Stefan-Ludwing Hoffmann, and María Inostroza, along with an interview with Professor Dino Kritsiotis. The latest issue can be found here.
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New EJIL:Live! Interview with Niels Petersen on his Article “The International Court of Justice and the Judicial Politics of Identifying Customary International Law”

Published on September 7, 2017        Author: 

In this latest episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Niels Petersen of the University of Münster, whose article, “The International Court of Justice and the Judicial Politics of Identifying Customary International Law”, appears in Volume 28, Issue 2 of the journal.

In the article, Professor Petersen explores International Court of Justice decisions confirming the existence of customary international law.  The abstract of the article states that:

It is often observed in the literature on customary international law that the identification practice of the International Court of Justice (ICJ) for customary norms deviates from the traditional definition of customary law in Article 38 (1) lit. b of the ICJ Statute. However, while there are many normative and descriptive accounts on customary law and the Court’s practice, few studies try to explain the jurisprudence of the ICJ. This study aims at closing this gap. I argue that the ICJ’s argumentation pattern is due to the institutional constraints that the Court faces. In order for its decisions to be accepted, it has to signal impartiality through its reasoning. However, the analysis of state practice necessarily entails the selection of particular instances of practice, which could tarnish the image of an impartial court. In contrast, if the Court resorts to the consent of the parties or widely accepted international documents, it signals impartiality.

The EJIL:Live! discussion focuses on the principal empirical findings of the article, and Petersen’s novel conceptualization of those arguments in terms of “judicial politics”, explicable by the institutional constraints that the Court faces. This conversation offers a reflection on how this assessment of the jurisprudence could alter scholars’ normative conceptions of the Court’s decisions, particularly in regards to customary international law.

 

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