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New Issue of EJIL (Vol. 28 (2017) No. 3) Published

Published on November 13, 2017        Author: 
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The latest issue of the European Journal of International Law (Vol. 28, No. 3) 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 Merris Amos, The Value of the European Court of Human Rights to the United Kingdom. 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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Announcements: Financing and the Right to Science in Technology Sharing for the SDGs Workshop; EFTA Court President Lecture

Published on November 12, 2017        Author: 
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1. Workshop on Financing and the Right to Science in Technology Sharing for the SDGs. The Department of International Law, University of Groningen organises the Workshop on ‘Financing and the Right to Science in Technology Sharing for the SDGs’ which will take place on 24 November 2017 at the University of Groningen. The Workshop is co-sponsored by ESIL Interest Group on International Environmental Law and Global Law Initiatives for Sustainable Development (gLAWcal). The detailed programme is available here

2. EFTA Court President Lecture – City, University of London 23 November 2017. The City Law School is delighted to invite you to a lecture organized by the Jean Monnet Chair in European Law on Thursday 23 November at 18.00 (registration starting at 17.30). Carl Baudenbacher, President of the European Free Trade Association (EFTA) Court, will speak on the topic of “Brexit: Within the Single Market, Without the European Court of Justice?”. The event will be chaired by Panos Koutrakos (Professor of EU Law and Jean Monnet Chair in EU Law, City, University of London). The event will take place at City, University of London, Oliver Thompson Lecture Theatre (Tait Building, Northampton Square, London EC1V 0HB), and will be followed by a wine reception. Attendance is free. You may sign up here

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EJIL: In this Issue (Vol. 28 (2017) No. 3)

Published on November 7, 2017        Author: 
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This issue opens with three articles addressing trade and investment in international law from different perspectives. In a valuable and timely contribution to the literature on the interpretation of investment treaties, Andrew Mitchell and James Munro consider whether the use of a third-party agreement in interpretation constitutes an erroneous application of the customary rules of treaty interpretation in the Vienna Convention on the Law of Treaties. Gracia Marín Durán then explores the respective responsibility of the European Union and its member states for the performance of World Trade Organization obligations, proposing a ‘competence/remedy’ model to help untangle this delicate question. And Sergio Puig and Anton Strezhnev investigate the legitimacy of international investment law, based on an experimental survey of 266 international arbitrators, concluding that there is strong evidence that arbitrators may be prone to the ‘David Effect’ – a relative bias to favour the perceived underdog or ‘weaker’ party when that party wins, through reimbursement of their legal costs.

The next set of articles in this issue focuses on human rights, with particular attention to the European Court of Human Rights (ECtHR). Merris Amos examines the continued value of the ECtHR to the United Kingdom, illustrating what might happen if the UK were to withdraw from the Court. Susana Sanz-Caballero investigates the scope of applicability of the nulla poena sine lege principle before the ECtHR, looking especially at the decisions in Kafkaris and del Río Prada to highlight the Court’s increasingly flexible approach to the concepts of penalty, foreseeability and enforcement of penalty. Oddný Arnardóttir argues that the Court has effectively used the margin of appreciation to engender an erga omnes effect for its judgments through the principle of res interpretata. Vera Shikhelman offers a fresh, empirical look at the work of the United Nations Human Rights Committee, exploring whether geographical, political and cultural considerations correlate with the voting of committee members. Lastly, Thomas Kleinlein addresses an important development in the ECtHR jurisprudence, positing that the Court’s legitimation strategy – comprising European consensus and the new procedural approach to the margin of appreciation – enhances the potential for democratic contestation and deliberation.

Roaming Charges in this issue takes us to the Negev Desert in southern Israel, where the photographer, Emma Nyhan, poignantly captures the ‘outsideness’ of a cultural minority, the Bedouins.

This issue features a lively EJIL: Debate!, centring on an article by Jonathan Bonnitcha and Robert McCorquodale, which addresses the concept of ‘due diligence’ in the United Nations Guiding Principles on Business and Human Rights. The authors criticize the uncertainty caused by two different concepts of due diligence invoked by the principles and suggest an interpretation of the Guiding Principles that clarifies the relationship between these concepts. John Ruggie (the author of the Guiding Principles) and John F Sherman, III, respond to the article, questioning the interpretive approach adopted by Bonnitcha and McCorquodale. The authors then offer a rejoinder. Read the rest of this entry…

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New Issue of EJIL (Vol. 28 (2017) No. 3) – Out Next Week

Published on November 6, 2017        Author: 
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The latest issue of the European Journal of International Law will be published next 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 upcoming issue. Here is the Table of Contents for this new issue:

Editorial

Those Who Live in Glass Houses …; In this Issue

Articles

Andrew D. Mitchell and James Munro, Someone Else’s Deal: Interpreting International Investment Agreements in the Light of Third-Party Agreements

Gracia Marín Durán, Untangling the International Responsibility of the European Union and its Member States in the World Trade Organization Post-Lisbon: A Competence/Remedy Model

Sergio Puig and Anton Strezhnev, The David Effect and ISDS

Focus: Human Rights and the ECHR

Merris Amos, The Value of the European Court of Human Rights to the United Kingdom

Susana Sanz-Caballero, The Principle of Nulla Poena Sine Lege Revisited: The Retrospective Application of Criminal Law in the Eyes of the European Court of Human Rights

Oddný Mjöll Arnardóttir, Res Interpretata, Erga Omnes Effect, and the Role of the Margin of Appreciation in Giving Domestic Effect to the Judgments of the European Court of Human Rights

Vera Shikhelman, Geography, Politics and Culture in the United Nations Human Rights Committee

Thomas Kleinlein, Consensus and Contestability: The European Court of Human Rights and the Combined Potential of European Consensus and Procedural Rationality Control

Roaming Charges

Emma Nyhan, A Window Apart

EJIL: Debate!

Jonathan Bonnitcha and Robert McCorquodale, The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights

John Gerard Ruggie and John F. Sherman, III, The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: A Reply to Jonathan Bonnitcha and Robert McCorquodale Read the rest of this entry…

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Announcements: CfP Cambridge International Law Conference; Immunity of State Officials Lecture

Published on November 5, 2017        Author: 
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1. Call for Papers: 7th Annual Cambridge International Law Conference. The Cambridge International Law Journal is pleased to announce the call for papers for the 7th Annual Cambridge International Law Conference. The Conference will be held at the Faculty of Law, University of Cambridge, on the 3rd and 4th of April 2018. This year’s theme is ‘Non-State Actors and International Law’.  We welcome academics, practitioners and research students in presenting papers at the Conference. Prospective speakers are invited to submit abstracts of not more than 500 words in length, in addition to their CVs. The deadline to submit abstracts is Friday, 8 December 2017Registration for the Conference will open in January 2018. Please see here for further information. 

2. Melland Schill Lecture – The UN International Law Commission: Lessons from the Topic Immunity of State Officials. Manchester International Law Centre has the immense privilege of welcoming Sir Michael Wood to deliver this year’s Melland Schill Lecture, with the title: “The UN International Law Commission: Lessons from the topic Immunity of State Officials”. The lecture is on 21 November at 17.30 in University Place, Lecture Theatre A. The lecture will be followed by a reception at 19.00 in the ground floor foyer of University Place. Please register for this event here

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Announcements: Crisis of International Criminal Law in Africa Seminar; Neglected Methodologies of International Law Workshop

Published on October 29, 2017        Author: 
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Modern Law Review Seminar: ‘The Crisis of International Criminal Law in Africa’. This joint conference between University of Leicester and University of Johannesburg will take place on 7 November 2017, 8.45 am-5 pm (UK time) in the Haldane Room, Fielding Johnson Building, University of Leicester, UK, and Faculty of Law, University of Johannesburg, South Africa (both venues will be linked by Skype). Confirmed speakers include Judge Morrison, International Criminal Court (ICC), Sarah Swart, International Committee of the Red Cross (ICRC), and members of the International Law and Policy in Africa Network (ILPAN). For further information, see here. The contact for bookings or further enquiries is eyo1 {at} le.ac(.)uk.

Workshop on ‘The Neglected Methodologies of International Law – Empirical, Socio-Legal and Comparative’. This workshop is being held at the University of Leicester on 31 January 2018. Methodologies of international law remain predominantly doctrinal. However, new approaches to international legal research are emerging. We welcome submissions that engage with innovative, non-dogmatic approaches to the study of international law – either in the form of theoretical analysis or case studies. The  full call for abstracts can be found here.
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Sir Elihu Lauterpacht: A Celebration of His Life and Work

Published on October 25, 2017        Author: 
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A memorial symposium celebrating the life and work of Sir Eli Lauterpacht was held at the Faculty of Law in Cambridge on Friday, October 13, 2017, followed the next day by a memorial service in the chapel of Trinity College, Cambridge.  Both were extremely well attended, with about 200 people at the symposium and more at the memorial service.  Trinity College chapel was packed, with the congregation over-spilling into the antechapel.  It was touching to see how many people had come from all over the globe to pay their respects.  A record of both the symposium and service will be created in due course on the Squire Law Library’s Eminent Scholars Archive.

Judge Christopher Greenwood and President Steven Schwebel delivered eulogies at the memorial service. Chris told me that it was the first time in years that he had written out a speech rather than just rely on notes. Eli’s youngest child, Conan ended his eulogy with one of Eli’s favourite jokes about the priest, the vicar, and the rabbi trying to convert a bear to their religion.  This was characteristic of both the symposium and service, which were affectionate and humorous, reflecting Eli’s personality and love of jokes.          

The organisers of the academic symposium which examined Eli’s professional life were clear: no–one who had been asked to talk had refused, and acceptances had been immediate. Read the rest of this entry…

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Announcements: UN Audiovisual Library of International Law; ICON-S Book Prize; CfP GoJIL; CfS UCL Journal of Law and Jurisprudence

Published on October 22, 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 Ms. Laurence Burgorgue-Larsen – “Le système conventionnel européen des droits de l’homme” and “El sistema convencional europeo de los derechos humanos”.

2. First International Society for Public Law Book Prize (ICON-S Annual Meeting of June 2018 in Hong Kong). The International Society for Public Law (ICON-S) is pleased to announce the launch of the International Society for Public Law Book Prize. In line with the Society’s mission, the prize will be awarded to an outstanding book in the field of public law, understood as a field of knowledge that transcends dichotomies between the national and the international as well as between Constitutional Law and Administrative Law. Preference will be given to scholarship which, in dealing with the challenges of public life and governance, combines elements from all of the above with a good dose of political theory and social science. The first book prize will be awarded at the Society’s next annual meeting taking place on 25-27 June 2018 in Hong Kong to a book published in the two calendar years prior to the conference (2016-2017). The nomination process is open now! Members of the Executive Committee of the ICON-S and the Society’s Council, groups of at least three ICON-S members, book review editors of academic journals, as well as publishing houses are invited to nominate books. Proposals coming directly from authors will not be considered and edited books are not eligible for nominations. The deadline for the submission of nominations is 31 December 2017. Nominations can be made via e-mail, together with an up to 200 word justification of the proposal, to icons {at} icon-society(.)org (reference: Book Prize, attn. of the chairperson of the Book Prize Committee). Please consult the procedures for the ICON-S book prize on the webpage of the ICON-S for further information.

3. GoJIL Deadline Extension. 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”. Due to the many responses concerning this special call for papers, the deadline for the submission of paper abstracts has been extended to 29 October 2017. For further information see here.

4. Extended Deadline for Submissions: UCL Journal of Law and Jurisprudence Volume 7, Issue 1 (March 2018). The Editorial Board of the UCL Journal of Law and Jurisprudence is pleased to advise that the call for submissions for the first issue of 2018 has now been extended by 3 weeks, to 6 November 2017. Manuscripts must be uploaded via the submissions section on our website. The Board welcomes papers covering all areas of law and jurisprudence. For further information and guidelines for authors please see the original Call for Submissions, and visit our website.

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Oppenheim’s International Law: United Nations

Published on October 16, 2017        Author: 
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October 2017 marks the publication of a new two-volume work under the prestigious ‘Oppenheim’ banner, Oppenheim’s International Law: United Nations. It traces the evolution of the United Nations and the legal issues it daily faces. It is also an essential tool for practitioners as they address the legal problems of today at the United Nations.Image result for oppenheims international law united nations

In 1992, Sir Robert Jennings and Sir Arthur Watts, to great acclaim, had published the 9th edition of Oppenheim’s International Law, Volume I: Peace. It had taken them long years to prepare. The eighth edition, prepared by Sir Hersch Lauterpacht, had been published in 1955.

In 1994, I received an unexpected letter from Sir Robert Jennings and Sir Arthur Watts. In it they informed me that in the Preface to the 8th edition of Oppenheim, it had been envisaged that one day a volume of that great work would need to address the new phenomenon of international organizations. A new volume would be required for this work, which they invited me to undertake.

I was, of course, hugely honoured by this invitation, though I realised from the outset that the amount of work it would involve was enormous. I was at that time Professor of International Law at the London School of Economics and Political Science, in practice at the Bar as a silk, and a member of the UN Human Rights Committee under the International Covenant on Civil and Political Rights. There seemed not a spare moment, and I was increasingly wondering how I could continue both as an academic and at the Bar, and whether one of these strands to my life should go. But this suggestion that I should prepare a new Oppenheim was too great an honour to decline.

Apart from pressures of work and time, there was another aspect that worried me greatly. By the early nineties there were already some wonderful books on legal aspects of international organizations. In particular, Henry G. Schermers’ International Institutional Law, seemed to me to have fully covered the ground, in a scholarly and comprehensive way.

Jennings and Watts had a short reply to that anxiety: ‘This is not to be a book about constitutions, statutes and rules’, they said. ‘It is to be about how things really are’. Legal reality, they explained, is what is required for a practitioners’ book – and what has distinguished Oppenheim from other legal texts is that it is a practitioners’ book (albeit of interest to academics). Read the rest of this entry…

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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: 
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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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