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Home Archive for category "EJIL"

New EJIL:Live! Interview with Liam Murphy on his Article “Law beyond the State: Some Philosophical Questions”

Published on April 29, 2017        Author: 

In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Liam Murphy of New York University, whose article, “Law beyond the State: Some Philosophical Questions”, appears as the central piece in an EJIL: Debate! in Volume 28, Issue 1.

A legal philosopher, Professor Murphy takes up the challenge of exploring the realm of international law, an area largely ignored by Anglo-American legal philosophers since H.L.A Hart. Professor Murphy seeks to offer new perspectives on the famous chapter 10 of Hart’s The Concept of Law, and to critique the understanding of the international legal system set out therein. This then serves as the framework for his discussion of two core issues: the relevant grounds of law in international law – what factors are relevant in determining the content of law in force – and what makes international law a legal order. Professor Murphy also reflects on the Replies to his article, published in the same issue of the Journal, and how these prompted him to give further thought to the issues addressed in his article.

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New Issue of EJIL (Vol. 28 (2017) No. 1) Published

Published on March 31, 2017        Author: 

The latest issue of the European Journal of International Law (Vol. 28 (2017) No. 1) 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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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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