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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: 
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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: 
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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: 
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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: 
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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
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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: 
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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: 
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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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Announcements: Cambridge Asylum and Migration Studies; CfS UCL Journal of Law and Jurisprudence

Published on September 3, 2017        Author: 
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1. Cambridge Asylum and Migration Studies. Cambridge University Press has launched a new book series: Cambridge Asylum and Migration Studies. The series is now accepting book proposals. At no time in modern history have so many people been on the move as at present. Migration facilitates critical social, economic, and humanitarian linkages. But it may also challenge prevailing notions of bounded political communities, of security, and of international law. The political and legal systems that regulate the transborder movement of persons were largely devised in the mid-twentieth century, and are showing the strains. New challenges have arisen for policymakers, advocates, and decision-makers that require the adaptation and evolution of traditional models to meet emerging imperatives.  This new series aims to be a forum for innovative writing on all aspects of the transitional movement of people. It publishes single or coauthored works that may be legal, political, or cross-disciplinary in nature. The series is edited by a world leader in international refugee law, Professor James Hathaway, University of Michigan. He is supported by an Editorial Advisory Board comprising Alexander Betts, University of Oxford, Vincent Chetail, Graduate Institute of International and Development Studies, Thomas Gammeltoft-Hansen, Raoul Wallenberg Institution of Human Rights and Humanitarian Law, Audrey Macklin, University of Toronto, and Saskia Sassen, Colombia University. Potential authors should contact Finola O’Sullivan at Cambridge University Press, the series editor, or any member of the Editorial Advisory Board.
 
2. UCL Journal of Law and Jurisprudence Call for Submissions. The UCL Journal of Law and Jurisprudence is a law journal run by postgraduate students of the UCL Faculty of Laws. The Journal appears twice a year and will be available open access. All submissions are assessed through double blind peer review. The Editorial Board is pleased to call for submissions for the first issue of 2018 (Volume 7, Issue 1 (March 2018)). The Board welcomes papers covering all areas of law and jurisprudence. We accept articles of between 8,000 – 12,000 words, case notes of 6,000 – 8,000 words and book reviews of 1,000 – 2,000 words. All submissions must comply with the Oxford University Standard for Citation of Legal Authorities (OSCOLA). Contributions that have already been published or that are under consideration for publication in other journals will not be considered. The deadline for submissions is 16 October 2017. Manuscripts must be uploaded via the submissions section on our website. For further information and guidelines for authors please visit our website.
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Announcement: Book Discussion on Jason Pobjoy’s “The Child in International Refugee Law”

Published on August 29, 2017        Author: 
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The blog is happy to announce that over the next few days, we will host a discussion of Jason Pobjoy’s new book, The Child in International Refugee Law. Jason Pobjoy is a barrister at Blackstone Chambers, where he has a broad practice including public and human rights law, refugee and immigration law and public international law. He is a Research Associate at the Refugee Studies Centre, University of Oxford.

Jason will open the discussion this afternoon with an introduction to the text . This will be followed by posts from Colin Harvey, Eirik Bjorge, Mary Crock, and Deborah Anker with Nancy Kelly & John Willshire Carrera. Jason will close the symposium with a reply to the discussants.

We are grateful to all of the participants for agreeing to have this discussion here. Readers are invited to join in- comments will of course be open on all posts.

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Announcements: New additions to the UN Audiovisual Library of International Law; CfP Contingency in the Course of International Law; Conference on Dispute Resolution in the Law of International Watercourses and the Law of the Sea

Published on August 27, 2017        Author: 
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1. New additions to the UN Audiovisual Library of International Law. The Codification Division of the UN Office of Legal Affairs has added new lectures to the UN Audiovisual Library of International Law website, which provides high quality international law training and research materials to users around the world free of charge. The latest lectures were given by Professor Franck Latty on “Le droit international du sport” and “La responsabilité internationale de l’Etat dans le contentieux arbitral d’investissement”.

2. Call for Papers: “Contingency in the Course of International Law: How International Law Could Have Been”, Amsterdam, 14-16 June 2018. The conference will ask a question that is deceptive in its simplicity: How might international law have been otherwise? We want to question the present state of international law by challenging its pretence to necessity and by better understanding the forces that have shaped it. Put simply with Robert Musil: “If there is a sense of reality, there must also be a sense of possibility.” Fleur Johns (UNSW) will give a public keynote and Samuel Moyn (Yale) will give a closing address. Please see here for more information. The deadline for the submission of abstracts is 1 December 2017.
3. Luxembourg Conference on Dispute Resolution in the Law of International Watercourses and the Law of the Sea. The Conference “A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea” of the Max Planck Institute Luxembourg and the Vrije Universiteit Brussel will take place on 25-26 September 2017 in Luxembourg. The deadline for registration is 4 September 2017. The program and registration details can be accessed here.
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