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Additions to the EJIL:Talk! Editorial Team

Published on March 19, 2019        Author: 
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We area delighted to announce additions to the EJIL:Talk! team. From this month, we welcome three new Contributing Editors (well, 2 brand new contributing editors and one who is returning to the team):

Freya Baetens is Professor of Public International Law at the University of Oslo and affiliated with the Europa Institute at the Faculty of Law, Leiden University. As a member of the PluriCourts Centre at Oslo, she works on an interdisciplinary research project evaluating the legitimacy of international courts and tribunals.  Freya has acted as counsel or expert in international and European disputes and is listed on the Panel of Arbitrators and Conciliators of the International Centre for the Settlement of Investment Disputes (ICSID), the South China International Economic and Trade Arbitration Commission (Shenzhen Court of International Arbitration) and the Hong Kong International Arbitration Centre (HKIAC). She is a member of the Executive Council of the Society of International Law (SIEL).

Michael Fakhri is an Associate Professor at the University of Oregon School of Law where he teaches in the areas of international economic law, commercial law, and food and agriculture. He is a faculty member of the Environmental and Natural Resource Program where he co-leads the Food Resiliency Project .  His current research focuses on questions of food sovereignty, indigenous sovereignty, and agroecology – all in an effort to work through legal accounts of imperialism, race, and capitalism. Professor Fakhri’s other research interests include Third World Approaches to International Law (TWAIL) and international legal history. 

Douglas Guilfoyle, Associate Professor of International and Security Law at the University of New South Wales, Canberra returns to the blog as a Contributing Editor, having served in a similar capacity from 2012 to 2013. He was previously a Professor of Law at Monash University, Reader in Law at University College London, and has worked as a judicial associate in the Australian Federal Court and the Australian Administrative Appeals Tribunal. He has also practised as a commercial litigation solicitor in Sydney. His principal areas of research are maritime security, the international law of the sea, and international and transnational criminal law. Particular areas of specialism include maritime law-enforcement, the law of naval warfare, international courts and tribunals, and the history of international law. His research work is informed by his consultancy to various government and international organisations

The three new Contributing Editors will join Professors Monica Hakimi, Lorna McGregor and Anthea Roberts who will remain on the editorial team. 

Rotating off the team of Contributing Editors are Professors Anne Peters, Christian Tams and Andreas Zimmermann. We are greatly appreciative of their service to the blog over the past few years. The quality and quantity of their contributions have been of great significance. We hope that they will continue to contribute posts to the blog. Read the rest of this entry…

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The Risk and Opportunity of the Humanisation of International Anti-Corruption Law: A Rejoinder to Kevin E. Davis and Franco Peirone

Published on February 18, 2019        Author: 
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Editor’s note: In the EJIL: Debate! section of the latest issue of EJIL (Vol. 29 (2018) No. 4), Anne Peters presents her provocative and disrupting idea of corruption as a violation of international human rights. Kevin Davis and Franco Peirone respond to this challenging thesis and Anne Peters rejoins in this post. 

1. Doctrine and Policy

The two comments on my article “Corruption as a Violation of International Human Rights” challenge various elements of both the doctrinal analysis and the normative assessment. I had developed and defended two propositions: First, corrupt acts or omissions can under certain conditions technically be qualified as violating international human rights (notably social rights), although the difficulty to establish causality remains the most important doctrinal obstacle. Second, I argued normatively that the principal added value of a reconceptualization of corruption as a human rights violation is to offer complementary forums for redress, notably the international human rights mechanisms.

The two commentators raise very valuable points for which I am thankful. In this rejoinder, I focus only on two arguments which appear in both comments. Their first critical observation relates to the doctrinal analysis and to the problem of causation. Franco Peirone finds that “[t]he idea of identifying citizens as victims of corruption in a one-to-one relationship with the state is particularly problematic”, and he asks: “How is it possible to maintain that an individual has suffered a human rights violation because of state corruption?“ Along the same line, Kevin E. Davis points out that if a:

“national health care system is so underfunded that the state has clearly failed to satisfy its obligation to fulfil the right to health [, t]his does not necessarily mean that corruption is the cause of the human rights violation. For instance, it is possible that, if the funds had not been diverted, they would have been allocated to the military or to higher education. In this case, it cannot be said that the corruption has caused the failure to realize the right.”

The second critique relates to my policy assessment. Both commentators point out that the human rights sanctions and state responsibility for human rights violations will ultimately burden members of the general population of the corrupt state (as opposed to the criminal individual, e.g. bribe-taker or receiver of kick-backs). Read the rest of this entry…

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New EJIL: Live! Interview with Dr Veronika Fikfak

Published on February 15, 2019        Author: 
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In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Dr Veronika Fikfak, Senior Lecturer in Law at the University of Cambridge, whose article “Changing State Behaviour: Damages before the European Court of Human Rights”, appears in EJIL’s 29:4 issue.

In her pioneering article, Dr Fikfak analyses the ECtHR’s practice of awarding damages. She and a team of researchers spent three years coding 12,000 decisions of the Court, seeking to understand which variables in a case – relating to the victim, the state and the events that occurred – affect the amount of damages awarded and subsequent compliance. In this conversation Dr Fikfak talks about her motivation for undertaking this study, the premises upon which it is based and the surprising results that emerged. The interview was recorded at the IE Law School, Madrid.

EJIL: Live! is the official podcast of the European Journal of International Law (EJIL), one of the world’s leading international law journals. Regular episodes of EJIL: Live! are released following the publication of each quarterly issue of the Journal, and include interviews with the authors of articles appearing in that issue as well as news and reviews when possible. Additional episodes, EJIL: Live! Extras, are also released from time to time to address a range of topical issues. Episodes of EJIL: Live! can be accessed via the EJIL website and this blog. Comments and reactions to EJIL:Live! episodes are welcome, and may be submitted below. 

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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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The European Dream Team

Published on February 12, 2019        Author: 
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There will be a major ‘Changing of the Guards’ next year with the departures of Juncker, Tusk and Draghi – each of them remarkable in their own way – from the leadership team of the European Union. The incoming team will be facing a Europe that poses unprecedented challenges. Commissioner Oettinger went as far as characterizing Europe as facing ‘mortal danger’ from both within and without. I don’t exactly share the doomsday predictions as regards the Union, but the international and internal challenges are truly immense and require leadership commensurate with such.

Here is my Dream Team to lead the Union in the face of these challenges:

President of the Commission: Frans Timmermans

President of the Council: Angela Merkel

President of the European Central Bank: Christine Lagarde

At this point many readers might be chortling. Not because they necessarily disagree that this would be a formidable team to face off the likes of Trump and Putin, Salvini and Orbán. Or to face the truly daunting socio-economic challenges of the Union. But rather because it seems to defy any realistic vision of the European politics of appointments. Does it really? Suspend your disbelief for just a while. Read the rest of this entry…

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EJIL Roll of Honour

Published on February 12, 2019        Author: 
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EJIL relies on the good will of colleagues in the international law community who generously devote their time and energy to act as peer reviewers for the large number of submissions we receive. Without their efforts our Journal would not be able to maintain the excellent standards to which we strive. A lion’s share of the burden is borne by members of our Boards, but we also turn to many colleagues in the broader community. We thank the following colleagues for their contribution to EJIL’s peer review process in 2018:

Dapo Akande, Karen Alter, Tilmann Altwicker, José Alvarez, Alberto Alvarez-Jiminez, Maria Aristodemou, Loïc Azoulai, Björnstjern Baade, Lorand Bartels, Eyal Benvenisti, Eric Brabandere, Eva Brems, Carl Bruch, Michelle Burgis-Kasthala, Laurence Burgorgue-Larsen, Julian Chaisse, Damian Chalmers, Hilary Charlesworth, Vincent Chetail, Sungjoon Cho, Carlos Closa, Lawrence Collins, Marise Cremona, Philipp Dann, Kevin Davis, Alex De Waal, Erika De Wet, Bruno De Witte, Rosalind Dixon, Megan Donaldson, Rochelle Dreyfuss, Christoph Engel, Eleanor Fox, Francesco Francioni, Ronald Francis, Geoff Gilbert, Kirsty Gover, Gerhard Haffner, Michaela Hailbronner, Jeffrey Handmaker, James Hathaway, Laurence Helfer, Ellen Hey, Bernard Hoekman, Stefan Inama, Aline Jaeckel, Henry Jones, Daniel Joyner, Victor Kattan, Thomas Kleinlein, Michele Krech, Claus Kress, Andreas Kulick, Jürgen Kurtz, Tobias Lenz, Randall Lesaffer, Itamar Mann, Nora Markard, Petros Mavroidis, Franz Mayer, John McCrudden, Frédéric Mégret, Paul Mertenskötter, Timothy Meyer, Angelika Nussberger, Christiana Ochoa, Alexander Orakhelashvili, Stefano Osella, Diane Otto, Sundhya Pahuja, Jacqueline Peel, Steven Peers, Oren Perez, Niels Petersen, Marcela Prieto Rudolphy, Alexander Proelss, Sergio Puig, Kate Purcell, Surabhi Ranganathan, Kal Raustiala, Anthea Roberts, Nicole Roughan, Ruth Rubio-Marín, Tom Ruys, Marco Sassòli, Cheryl Saunders, Abdulhay Sayed, Stephan Schill, Edward Schramm, Joanne Scott, Ayelet Shachar, Kirsten Schmalenbach, Yuval Shany, Dinah Shelton, Vera Shikhelman, Philip Steinberg, Paul Stephan, Thomas Streinz, Péter Szigeti, Paulos Tesfagiorgis, Christian Tomuschat, Michael Trebilcock, Charles Tripp, David M. Trubek, Gus Van Harten, Jorge Viñuales, Andreas von Arnauld, Jochen von Bernstorff, Tania Voon, Michael Waibel, Rüdiger Wolfram, Margaret Young, Eyal Zamir, David Zaring, Andreas Zimmermann.

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EJIL Vol. 29 (2018) No. 4: In this Issue

Published on February 11, 2019        Author: 
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On 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide – the first universal treaty of human rights – was adopted by the United Nations General Assembly. This year marks its 70th anniversary and we pay tribute to its ‘founding father’, Raphael Lemkin, in this last issue of EJIL for 2018. Johann Justus Vasel preludes with a biographical vignette. In Roaming Charges we reproduce his recently discovered death certificate, and on the Last Page we feature a previously unpublished poem by Lemkin on the subject that haunted and drove him, ‘Genocide’. (We thank members of Raphael Lemkin’s family – Jane Lemkin, Peter Lemkin and Richard Lemkin – and friend, Nancy Steinson, for their kindness and generosity in sharing information with us.)

Jan Klabbers formally opens this issue with his Keynote Address on ‘Epistemic Universalism and the Melancholy of International Law’, delivered at the 2018 annual conference of the European Society of International Law, in which he diagnoses pathologies of international legal scholarship.

In our Afterword rubric, Lorna McGregor and Lorenzo Casini react to the EJIL Foreword ‘Upholding Democracy Amid the Challenges of New Technologies: What Role for the Law of Global Governance?’ by Eyal Benvenisti, published in our first issue of the year, and Benvenisti replies to his critics.

Following, we shift the focus to ‘New Voices’, with a selection of articles from the Sixth Annual Junior Faculty Forum for International Law. Veronika Fikfak, analyses how damages awarded by the European Court of Human Rights impact states’ behaviour. Drawing on (behavioural) economic analysis of law, she suggests new approaches on how to increase compliance. An Hertogen illuminates the conditions for analogical reasoning between domestic and international law. Ntina Tzouvala scrutinizes the dissolution of the Ottoman Empire and the emergence of statehood in the Balkans, tracing the ambivalent role of international law in constructing and containing ethnic nationalism. Building on Giorgio Agamben’s work, Daria Davitti, challenges the EU’s Agenda on Migration, contesting liquid, biopolitical borders and the evasion of international obligations by claiming an alleged state of exception resulting in mere humanitarian posturing of EU migration policies. Geoff Gordon reflects on the interrelationship between colonial practices, the global standardization of time, and transnational law. Read the rest of this entry…

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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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Happy New Year and Most Read Posts of 2018!

Published on December 31, 2018        Author: 
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I would like to wish our readers a very Happy 2019! Before we close out 2018, I would like to set out our most read posts of the year. These give a snapshot of the some of the key developments in international law over the course of the year, and/or of key incidents in international affairs with consequences for international law.

The top 10 posts are presented here with the numbers 11 to 20 below the fold.

Many thanks to all of our contributors in 2018, and, to you, our readers 

1) Diane Desierto, Young Philippine Lawyers Arrested Today for “Obstruction of Justice” in the Philippines’ Drug War(Aug. 2018)

2) Marko Milanovic, The Syria Strikes: Still Clearly Illegal, (April 2018)

3) Dapo Akande, The International Criminal Court Gets Jurisdiction Over the Crime of Aggression(Dec. 2017)

4) Marko Milanovic, Palestine Sues the United States in the ICJ re Jerusalem Embassy, (Sept. 2018)

5) Leila N. Sadat, Fiddling While Rome Burns?  The Appeals Chamber’s Curious Decision in Prosecutor v. Jean-Pierre Bemba Gombo, (June, 2018)

6) Marc Weller, An International Use of Force in Salisbury?, (Mar. 2018)

7) Dapo Akande, Ecuador Seeks to Confer Diplomatic Status on Julian Assange: Does this Oblige the UK to Allow Him to Leave the Embassy & Is the Matter Headed to the ICJ?(Jan. 2018)

8) Monica Hakimi, The Attack on Syria and the Contemporary Jus ad Bellum, (April 2018)

9) Joseph Weiler, Publish and Perish: A Plea to Deans, Faculty Chairpersons, University Authorities, (Nov. 2018)

10) Koldo Casla, Supreme Court of Spain: UN Treaty Body individual decisions are legally binding(Aug. 2018) Read the rest of this entry…

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2018 Favourite Readings: Values, Identity, and Growth in the Global Economy

Published on December 26, 2018        Author: 
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Editor’s note: Continuing a tradition started by Isabel Feichtner a few years ago, EJIL’s Review Editor, Christian J. Tams, invited members of the EJIL board to offer short reflections on their favourite books of the year 2018. In the following days we will present some selections here on EJIL:Talk! They comprise a wide range of books, from (a few) doctrinal legal texts, to (many more) historical accounts and works of fiction. Unlike in many official book prize competitions, 2018 does not necessarily stand for the year of publication; rather, board members were asked to list books they read or re-read this year, and found inspiring or enjoyable. Today we give you Diane Desierto’s favourites.

Why do we have a global economy, what is it for, what comprises it, and to what ends and purposes do we regulate it?  Somewhat unconsciously, my favourite books for 2018 directly or indirectly related to these questions. Throughout 2018, I relished reading (or rereading, in some of these) Hersch Lauterpacht’s classic International Law and Human Rights (F.A. Praeger Press, 1950), followed by Louis Meuleman’s Metagovernance for Sustainability: A Framework for Implementing the Sustainable Development Goals (Routledge, 2018); David Pilling’s The Growth Delusion: Wealth, Poverty, and the Well-Being of Nations (Bloomsbury Publishing, 2018), Mariana Mazzucato’s The Value of Everything: Making and Taking in the Global Economy (Penguin Random House UK, 2018), and Francis Fukuyama’s Identity: The Demand for Dignity and the Politics of Resentment (Farrar, Straus, and Giroux, 2018).  These books proved illuminating this year in my ongoing thematic and granular search for answers to the above questions.

Hersch Lauterpacht’s International Law and Human Rights is an apt reminder of how modern international law, at its inception, fundamentally serves the ends and aims of human rights in free and just societies. Lauterpacht makes his argument in three parts – showing in The Rights of Man and the Law of Nations that the concept of international peace is inseparable from the vindication of human dignity through human rights; elaborating human rights provisions central to the UN Charter in Human Rights under the Charter of the United Nations; and concluding with a detailed set of recommendations (recall, this was long before the development of the major human rights treaties today) for the International Bill of the Rights of Man.  Read the rest of this entry…

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