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Vital Statistics

Published on March 29, 2017        Author: 

Each year we publish statistics on the state of our submissions: who submitted, who was accepted, and who was published in EJIL during the previous 12 months. We do this in order to observe and understand any changes that may be taking place in submission and publication patterns in our Journal. We do this, too, because we publish the very best manuscripts submitted to EJIL, selected through our double-blind review process. We offer no affirmative action in selection. Rather we look for excellence, articles that will be read, recalled, referred to and cited in years to come.

Of course, the EJIL Editors do commission some articles. We would risk becoming merely a refereeing service if we relied only on unsolicited manuscripts. Again, statistics are important in order to check that we are getting the balance right. For the past three years the percentage of unsolicited manuscripts has remained stable at around 65 per cent or two-thirds of the total, which we consider to be a sound balance.

The percentage of manuscripts submitted by women authors this past year dropped slightly to 32 per cent, although 33 per cent of accepted submissions were by women and the figure for published articles was 35 per cent. These figures do not differ markedly from previous years. Nevertheless, it is encouraging to see that the percentages of accepted and published articles submitted by women reflect or even surpass the percentage of overall submissions by women. Read the rest of this entry…

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EJIL: In this Issue (Vol. 28 (2017) No. 1)

Published on March 29, 2017        Author: 

This issue opens with the third entry under our annual rubric, The EJIL Foreword. In keeping with the rubric’s mission statement, Laurence Boisson de Chazournes takes a broad and sweeping view of the proliferation and consequent pluralism of international courts and tribunals. In doing so, she argues that an ‘overarching managerial approach’ may be observed in various practices of both judicial and state actors, and notes still other methods that could strengthen this approach.

The next three articles in this issue address the processes of international law-making from a variety of perspectives. In the first regular article, Florian Grisel assesses the top-down processes informing transnational governance. Grisel utilizes the example of the drafting of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the involvement of the International Chamber of Commerce experts to illustrate how transnational expert networks can contribute effectively to the process of treaty-making. Taking on the involvement of non-state actors from another perspective, Nahuel Maisley argues that Article 25(a) of the International Covenant on Civil and Political Rights should be interpreted as giving civil society groups a right to participate in international law-making. In their article, Armin von Bogdandy, Matthias Goldmann and Ingo Venzke then address the implications of the proliferation of international institutions, advancing a theory of ‘public international law’ which regards such institutions as exercising ‘international public authority’ and seeks to take account of world public opinion in enhancing their legitimacy and effectiveness.

In a shift of topic, Natalie Davidson revisits the seminal Alien Tort Statute cases of Filártiga and Marcos. In exploring the historical narratives produced in these two cases, Davidson’s article seeks to challenge some of the sanguine assumptions of international human rights lawyers and lay bare the ‘deep foundations of violence’ in the international system and US foreign policy. Relatedly, Alejandro Chehtman examines the moral and legal permissibility of the use of remotely piloted aircraft systems, challenging the intuitive view that the use of drones will contribute to making the use of force proportionate in a wider set of circumstances. Read the rest of this entry…

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New Issue of EJIL (Vol. 28 (2017) No. 1) – Out Next Week

Published on March 28, 2017        Author: 

The latest issue of the European Journal of International Law will be published at the end of this week. Over the coming days, we will have a series of editorial posts by Joseph Weiler – Editor in Chief of EJIL and by Marcelo Kohen, Professor of International Law at the Graduate Institute of International and Development Studies, Geneva. These posts will appear in the Editorial of the upcoming issue. Here is the Table of Contents for this new issue:

Editorial

The Case for a Kinder, Gentler Brexit; 10 Good Reads; Vital Statistics; In Memoriam: Vera Gowlland-Debbas; In this Issue

The EJIL Foreword

Laurence Boisson de Chazournes, Plurality in the Fabric of International Courts and Tribunals: The Threads of a Managerial Approach

Articles

Florian Grisel, Treaty-Making between Public Authority and Private Interests: The Genealogy of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Nahuel Maisley, The International Right of Rights? Article 25(a) of the ICCPR as a Human Right to Take Part in International Law-Making

Armin von Bogdandy, Matthias Goldmann, and Ingo Venzke, From Public International to International Public Law: Translating World Public Opinion into International Public Authority

Natalie Davidson, Shifting the Lenses on Alien Tort Statute Litigation: Narrating US Hegemony in Filártiga and Marcos

Alejandro Chehtman, The ad bellum Challenge of Drones: Recalibrating Permissible Use of Force Read the rest of this entry…

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Updated Rules for Contribution to the Blog

Published on March 2, 2017        Author: 

We have recently updated our rules for contribution to the blog, which interested readers may find here. This includes guidelines for submitting posts for publication and for commenting on the blog, as well as our moderation policy. Anyone interested in contributing to the blog should consult these guidelines carefully.

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New Issue of EJIL (Vol. 27 (2016) No. 4) Published

Published on January 30, 2017        Author: 

The latest issue of the European Journal of International Law (Vol. 27, 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 Simon Chesterman’s Asia’s Ambivalence about International Law and Institutions: Past, Present and Futures. 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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On My Way Out IV – Teaching

Published on January 25, 2017        Author: 

I have almost reached the final phase of my academic and professional career and as I look back I want to offer, for what it is worth, some Do’s and Don’ts on different topics to younger scholars in the early phases of theirs. A lot of what I may say will appear to many as a statement of the obvious – but if it so appears ask yourself why so many experienced and seasoned academics still fall into the trap. In previous Editorials I addressed the art of delivering a conference paper, the management of one’s scholarly agenda and the pitfalls of editing or contributing to edited books. I turn here to the issue of teaching.

To put it mildly, there is considerable ambiguity, even ambivalence, in the messages, explicit and implicit, that a young university teacher receives upon starting his or her academic career as regards teaching. To be sure, much lip service is paid to the importance of teaching as part of the academic duties of the young teacher. Practice varies but in several systems, especially in the early stages of one’s career, the title itself provides an indication: Instructor, Lecturer (even Senior Lecturer) and in several languages the title Professor itself indicates primarily the teaching function. Applicants are oftentimes required to provide a Statement on Teaching and in some systems there is a requirement and in others it is desirable to provide, in addition to a scholarly portfolio, demonstration of some ‘teaching practice’.

But consider the following, almost universal, paradox. To receive a position as a kindergarten teacher, an elementary school teacher or a high school teacher, in most jurisdictions the applicant would have to have undergone specialized training – in addition to any subject-matter university degree he or she may have earned – to occupy a position of such individual and collective responsibility. The exception? University teachers. There are very, very few universities around the world that require any measure of formal training in the art and science of university teaching. A doctorate has become an almost universal requirement for teaching in our field – the USA being the glaring exception (as regards law). It is a requirement in practically all other disciplines in the USA. And yet typically a doctorate programme is training for research, not for teaching. Read the rest of this entry…

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EJIL: In this Issue; Emma Thomas – May the Force Be With You!; EJIL Roll of Honour

Published on January 24, 2017        Author: 

This issue opens with an EJIL: Keynote article, in which Philippe Sands contemplates the ends (and end) of judicialization. Based on his lecture at the 2015 ESIL annual conference in Oslo, it forms a fitting introduction to an issue that addresses overarching questions of legitimacy in international law, from the reception of international law in Asia to strong reactions to the idea of global governance by the WTO judiciary. An EJIL: Live! interview with Philippe Sands (posted earlier this week) complements the article.

This issue’s first regular article is Vincent Chetail’s critique of the dominant narrative of migration control, drawing on early doctrines of the law of nations regarding the free movement of persons across borders, and thus offering an innovative path for rethinking this critical contemporary issue. In another example of looking back in order to confront difficult issues of today, Jan Lemnitzer draws on original archival research to propose the adoption of an adversarial model of a commission of inquiry for investigating the downing of flight MH17.

We are pleased to present in this issue a Symposium comprising three articles giving attention to international law in Asia. Simon Chesterman explores the reasons for Asia’s under-participation and under-representation in international law and institutions, and predicts greater convergence and presence of Asia in global governance. Melissa Loja looks to archival records in order to shed new light on one of the most pressing questions of international law in Asia: the Senkaku/Diaoyu Islands dispute. And Zhiguanq Yin’s article focuses on the translation of international law in the 19th century into China, thereby questioning the universality of Euro-centric jurisprudence. Read the rest of this entry…

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New Issue of EJIL (Vol. 27 (2016) No. 4) – Out Next Week

Published on January 24, 2017        Author: 

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 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

On My Way Out IV – Teaching; Emma Thomas – May the Force Be with You!; EJIL Roll of Honour; In this Issue

EJIL: Keynote

Philippe Sands, Reflections on International Judicialization

Articles

Vincent Chetail, Sovereignty and Migration in the Doctrine of the Law of Nations: An Intellectual History of Hospitality from Vitoria to Vattel

Jan Martin Lemnitzer, International Commissions of Inquiry and the North Sea Incident: A Model for an MH17 Tribunal? Read the rest of this entry…

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International Law in the Asian Century: Conclusion to Opinio Juris and EJIL:Talk! Mini-Symposium

Published on January 19, 2017        Author: 

Editor’s Note: This post is the final part of a symposium being run by EJIL:Talk! and Opinio Juris in relation to Simon Chesterman’s article “Asia’s Ambivalence About International Law & Institutions: Past, Present, and Futures“, which is available here in draft form, the final version appearing later this month in EJIL. We thank all of those who have contributed to  this symposium.

An academic learns most through errors and omissions. Far better to be criticized in text than footnoted in passing — both, of course, are preferable to being ignored. I am therefore enormously grateful that such esteemed scholars and practitioners were willing to take part in this joint Opinio Juris and EJIL:Talk! symposium and offer their responses to arguments put forward in my article for the current issue of EJIL, giving me and other readers refinements and additions that will enrich the larger conversation of which this symposium is a part.

The six commentators raise many issues, which I will address under three broad headings of power, history, and method. Each also brings to their paper a certain optimism or pessimism about what the future may hold, something to which I will return at the end.

1      Power

Judge Xue Hanqin puts at the forefront an argument about which I may have been too delicate. Asian states are not wary of delegating sovereignty because they are “ambivalent” about international law, she writes, but “because they do not believe that international law as … advocated and practiced would protect their fundamental rights and interests.” Similarly, regional integration is not primarily a matter of law, but of policy. The relative absence of regional institutions in Asia is not simply due to diversity and the other factors highlighted in the article; rather, it is attributable to geopolitical divisions within the region and in its various relations with other great powers.

This echoes a point made by Professor Eyal Benvenisti, who proposes that regional cooperation may be driven by external pressure as much as internal cohesion. The presence of an outside rival, for example, can encourage greater integration as the Soviet Union did for Europe and the United States did for Latin America. No such rival drove regional integration in Asia, though at the sub-regional level ASEAN has clearly been shaped by the ten member states’ relations with larger countries in East and South Asia as well as by their own identification as Southeast Asian. Read the rest of this entry…

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Asian States’ Participation in International Adjudication: Comments

Published on January 18, 2017        Author: 

Editor’s Note: This post forms part of a symposium being run by EJIL:Talk! and Opinio Juris in relation to Simon Chesterman’s article “Asia’s Ambivalence About International Law & Institutions: Past, Present, and Futures“, which is available here in draft form, the final version appearing later this month in EJIL. Starting on Monday, the two blogs are publishing a number of posts discussing the article, and we thank all of those who have contributed to  this symposium.

Asia is a vast region and encompasses more States and a larger population than any other region in the world. Asia also presents historical, linguistic, cultural, and religious diversity, as well as wide-ranging stages of political evolution and economic development. Asia indeed defies an easy definition. It is therefore difficult to speak, in a general term, of Asia with respect to any subject. International law and institutions are no exception. There is a wide variation in Asian States’ engagement with international law and institutions. For example, many States in East Asia are actively participate in various international regimes and attach great importance to international cooperation. On the other hand, some Asian States still adhere to the unrealistic, outdated notion of sovereignty and refuse to engage with other States. It should also be pointed out that Asian States’ attitudes towards international law and institutions are not static but evolving. In this comment, I will confine myself to Asian States’ participation in international adjudication, which may be considered one of the most revealing yardsticks to measure their attitudes toward international law and institutions.

Much has been said about the Asian States’ passivity towards international law and institutions. Various explanations have been given for such reticence, ranging from the Asian culture and tradition which prefer virtue and harmony to law and adjudication to the prevailing distrust of the law and institutions which were essentially a product of the Western civilization (and thus perceived to be biased in favour of the West) and in whose creation and developments Asian states did not play significant roles.

At least in terms of the number of disputes submitted to international adjudication and their political and legal context, it would be difficult to characterize the attitude of Asian States toward international law and adjudication as positive. For example, there had been only three cases involving Asian states that had been referred to the Permanent Court of International Justice during its entire period of activities (S.S. Wimbledon, 1923; Denunciation of the Treaty of 2 November 1865 between China and Belgium, 1928; Interpretation of the Statute of the Memel Territory, 1932). The picture was not much different in the subsequent early period of the International Court of Justice (ICJ), during which many Asian States obtained independence mostly from the Western colonial powers. Iran was the first Asian State to appear before the ICJ in 1952 in the Anglo-Iranian Oil Co. case but Iran was taken to the Court by the United Kingdom. The Court eventually found that it lacked jurisdiction to entertain the dispute. Then India was the next Asian State to appear before the Court in the case concerning Right of Passage over Indian Territory in 1955. However, India was also taken to the Court by Portugal. In 1959, Cambodia instituted the proceedings against Thailand in the Temple of Preah Vihear case, and that was the first case involving the two Asian States before the ICJ. Subsequently in the 1970s, India and Pakistan were involved in the two cases before the Court (Appeal Relating to the Jurisdiction of the ICAO (India v. Pakistan), 1972; Case concerning Trial of Pakistani Prisoners of War (Pakistan v. India), 1973). In the 1980s, Iran was involved in two disputes with the United States before the ICJ. However, those instances were rather exceptions than the rules (US Dipolmatic and Consular Staff in Teheran (USA v. Iran), 1980; Aerial Incident of 3 July 1988 (Iran v. USA), 1989-1996 (discontinuance)).

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