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Vital Statistics; Time for Change – With Thanks to Guy Fiti Sinclair

Published on May 6, 2018        Author: 
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Vital Statistics

Each year we publish statistics on the state of our submissions: where submissions originated, which were accepted, and which were published in EJIL during the previous 12 months. We do this to observe and understand any changes that may be taking place in submission and publication patterns in our Journal and to keep our authors and readers informed of such.

The final selection of articles published in EJIL is determined by two principal considerations: quality is, naturally, one of these. All published articles go through our double-blind peer review process. We do not put the finger on the scale when it comes to national or geographic origin of the article, gender and other such factors. We look for excellence: articles we hope will be read, recalled, referred to and cited in years to come.

The second consideration is curatorial. EJIL is not a mere refereeing service. We publish between 40-60 articles per year. We receive anywhere between 5-10 articles per week. We receive many more excellent articles that are worthy of publication than we are able to publish, given considerations of space. Choices have to be made. Our curatorial decisions aim to produce issues of interest to a wide variety of readers, covering different areas of international law, different approaches to scholarship, and the like. EJIL Talk! is an integral part of EJIL and its coverage is part of the mix we consider. Thus, in the initial screening by the editorial office we may reject articles simply because we have published recently on the topic, or there might be something in the pipeline and other similar considerations. We also engage in some ‘agenda setting’ by initiating debates and from time to time commissioning symposia generated by our own Boards or accepting symposia proposed by others. Finding the right balance is always a delicate curatorial decision and the figures are fluid. In recent years we have privileged unsolicited articles, given the growing number and quality of submissions. In 2017 we published fewer commissioned symposia in our four issues than in previous years: unsolicited manuscripts accounted for 76 per cent of our published pages, whereas in previous years it had been around 65 per cent. Read the rest of this entry…

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EJIL Vol.29 (2018) No. 1: In This Issue

Published on May 4, 2018        Author: 
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The overture for the 29th volume of EJIL is conducted by Eyal Benvenisti, whose Foreword article opens this issue. Benvenisti aims to determine the role of global governance today in view of the challenges presented by new information and communication technologies. In his view, the task has shifted, or rather expanded, from simply ensuring the accountability of global bodies to upholding democracy and protecting dignity. As with previous Foreword articles we have published, Benvenisti’s article takes stock of an important field of study in international law, and is sure to set the agenda for that field in the coming years.

The following articles in this issue share a retrospective dimension. Wolfgang Alschner and Damien Charlotin undertake the arduous task of analysing almost seven decades of jurisprudence of the International Court of Justice regarding its increasing self-referentiality. Intriguingly, they find that the growing complexity of the Court’s self-citation network is both a vice and a virtue. This empirically grounded and institution-centric endeavour is followed by an article by Hendrik Simon, which takes an almost deconstructivist approach in reexamining one of the most prominent and provocative doctrines in the history of international law. By shedding light on forgotten disputes in 19th-century international legal discourse on justifying war he demystifies the doctrine of liberum ius ad bellum. Ignacio de la Rasilla del Moral complements this section with aretro-introspection. Given the upcoming 150th anniversary of academic publishing in international law periodicals, he examines the history of international law journals from the mid-18th century until today, concluding with thoughts on certain contemporary features such as digitalization, linguistic monopolies and specialization.

The next set of articles focuses on International Economic Law. Sungjoon Cho and Jürgen Kurtz identify the distinctive historical paths and multiple intersections of international investment and trade law from a common origin to divergence and reconnection. In their view, this pattern of convergence and divergence is not limited to historical development but can also be traced to common challenges deriving from balancing market goals and public interest. Christopher Vajda explores mechanisms of dispute resolution in a variety of international economic agreements of the EU, and distils from this comparative exercise the importance of a direct effect whilst pointing to some deficiencies concerning the agreement with Canada.

Roaming Charges takes us to Manila where public transport can be unique experience.

In this issue, and over the next three issues of EJIL, we will mark the four-year centenary of the Great War with a four-part symposium on International Law and the First World War. Each part of the symposium will explore different aspects of international law’s relationship to the global conflict. We begin in this issue with ‘International Law before 1914 and the Outbreak of War’. Following Gabriela Frei’s Introduction on international law and the ‘great seminal catastrophe of the 20th century’, Jochen von Bernstorff explores the largely unregulated employment of violence and international law before 1914 by differentiating between order-related and ontological justifications.

This issue closes with two Critical Review articles. 

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New Issue of EJIL (Vol. 29 (2018) No. 1) Out Next Week

Published on May 4, 2018        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, and a guest editorial by Daniel Sarmiento, Professor of EU Law at the University Complutense of Madrid. These posts will appear in the Editorial of the new issue. 

Here is the Table of Contents for this new issue:

Editorial

A Court that Dare Not Speak its Name: Human Rights at the Court of Justice; Vital Statistics; Time for Change: With Thanks to Guy Fiti Sinclair; In this Issue

The EJIL Foreword

Eyal Benvenisti, Upholding Democracy amid the Challenges of New Technology: What Role for the Law of Global Governance?

Articles

Wolfgang Alschner and Damien Charlotin, The Growing Complexity of the International Court of Justice’s Self-Citation Network 

Hendrik Simon, The Myth of Liberum Ius ad Bellum– Forgotten Disputes about Justifying War in 19th Century International Legal Discourse

Ignacio de la Rasilla del Moral, A Short History of International Law Journals (1869–2017)

Focus: International Economic Law

Sungjoon Cho and Jürgen Kurtz, Convergence and Divergence in International Economic Law and Politics

Christopher Vajda, The EU and Beyond: Dispute Resolution in International Economic Agreements

Roaming Charges: Manila

More than One Way to Heaven

 

Symposium: International Law and the First World War

International Law before 1914 and the Outbreak of War

Gabriela Frei, International Law and the First World War: Introduction

Jochen von Bernstorff, Violence and International Law before 1914: On Imperial Ordering and the Ontology of the Nation State  Read the rest of this entry…

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Active Hostilities and International Law Limits to Trump’s Executive Order on Guantanamo

Published on March 13, 2018        Author:  and
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In his State of the Union speech on January 30, 2018, U.S. President Donald Trump announced his signing of a new executive order aimed at keeping open the U.S. detention facility at Guantanamo Bay, Cuba, as well as approving its repopulation. This post considers how the law of war governing detention in armed conflicts constricts the ability of the U.S. to hold persons in military prisons at Guantanamo in the manner suggested by this new order.

Formally speaking, Trump’s executive order repeals a critical portion of President Obama’s 2009 order calling for the Guantanamo prison site to be closed “as soon as practicable, and no later than 1 year from the date of this order.” The 2018 order also provides that the U.S. may “transport additional detainees” to the facility “when lawful and necessary to protect the nation.”

On the one hand, this executive order simply makes explicit what has already been President Trump’s de facto Guantanamo policy since taking office. While the Obama Administration worked to reduce the Guantanamo population considerably, resettling 197 of the 242 detainees remaining at the facility, President Trump has resettled none — not even five detainees cleared for release by the Department of Defense prior to Trump’s taking office. On the other hand, the order reflects a radical shift in policy. Read the rest of this entry…

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New EJIL: Live! Interview with Catherine O’Rourke on her Article “Feminist Strategy in International Law: Understanding Its Legal, Normative and Political Dimensions”

Published on March 10, 2018        Author: 
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In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Catherine O’Rourke, Senior Lecturer in Human Rights and International Law at the Transitional Justice Institute and School of Law at Ulster University. Her article “Feminist Strategy in International Law: Understanding Its Legal, Normative and Political Dimensions” appears in issue 4 of volume 28 of the Journal. Rather than taking a specific problem and refracting it through gender and feminist concerns, this article constitutes a reflection on the field itself.

The conversation deepens that reflection, whilst offering fascinating insights on how and why the article came into being, how the study underlying the article was conducted and what kind of general lessons may be gleaned from it. The conversation concludes with some thoughts on how scholars may weave a feminist sensibility into a general international law course. The interview was recorded at the European University Institute.

 

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New EJIL: Live! Interview with Yahli Shereshevsky on his Article “Does Exposure to Preparatory Work Affect Treaty Interpretation? An Experimental Study on International Law Students and Experts”

Published on March 10, 2018        Author: 
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In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Yahli Shereshevsky, Michigan Grotius Research Scholar at the University of Michigan Law School, whose article “Does Exposure to Preparatory Work Affect Treaty Interpretation? An Experimental Study on International Law Students and Experts”, co-authored with Tom Noah, PhD candidate in the Department of Psychology of the Hebrew University of Jerusalem, appears in issue 4 of volume 28 of the Journal.

The conversation takes viewers behind the scenes of this experimental study, one of the first of its kind in the international law field, to provide a deeper understanding of the motivation behind the study and the methodology used by the authors. The conversation highlights the importance of the study, not only for its results but principally for its methodology and the potential it reveals for future studies. The interview was recorded at New York University.

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Je Suis Achbita!

Published on February 19, 2018        Author: 
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Achbita, decided in March 2017 is not a run of the mill case. It raised what I think are hugely difficult conceptual legal issues. It also comes at a delicate moment in the social and political life of Europe, where the Court of Justice of the European Union is an important actor in shaping the climate and defining the moral identity in and of Europe. I do not believe the Preliminary Ruling of the ECJ comes even close to what one may expect from the supreme judicial voice of justice of our Union in a case of this nature.

The case concerned, as you will know, a Muslim woman whose employer insisted in the name of a neutrality policy of the Company that she may not wear the hijab (a head scarf) to work, and thus she lost her job. I think it is a fair reading of the ruling sent back to the referring Belgian Court that other than checking that the company, without overly burdening itself, could not find a place for Achbita in a back office which would not bring her into contact with the public, the Court had no major problems with the company’s policy compliance with the specific Directive bringing the case within the jurisdiction of European Law and the overriding human rights controlling norms such as the ECHR and the EU Charter of Fundamental Rights.

I will present the case, for reasons which I will explain below, with a slightly different factual matrix.

Chaya Levi lives in Antwerp. She is part of the large Jewish Hassidic community in that town. She, like other members of that community, follows the strict norms of Orthodox Judaism. Some refer to them as Ultra-Orthodox. She works as a receptionist in a general services company which, inter alia, offers reception services to customers in the private and public sectors. As a receptionist she comes into contact with customers. No fault is found with her job performance. Chaya Levi falls in love and marries Moses Cohen of her community. Under Jewish law she now must wear a scarf covering her hair, not unlike the Islamic headscarf. In Antwerp this is an immediate tell-tale sign that she is an observant Jewess. Read the rest of this entry…

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A propos Book Reviewing

Published on February 17, 2018        Author: 
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I am sure that many of our readers have their own views on their preferred international legal journal. But it is hard for me to believe that there will be many who do not assign pride of place to EJIL’s Book Review section under the editorship and curatorship of Isabel Feichtner. In the selection of books for review, in the rigour imposed on reviewers, in the exploration of different forms for featuring books she has made EJIL second to none. Isabel Feichtner is stepping down as Book Review Editor, though happily she will remain a member of the Board of Editors. She deserves our deep gratitude. Christian Tams has generously agreed to take over from her. We wish him every success.

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10 Good Reads 

Published on February 17, 2018        Author: 
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It is the time of the year once more when I publish my pick from some of the books that came my way since my last ‘Good Reads’ listing. These are not book reviews in the classical and rigorous sense of the word, for which you should turn to our Book Review section. I do not attempt to analyse or critique, but rather to explain why the books appealed to me and why I think you, too, may find them well worth reading. They are listed in no particular order, except for the first one which is definitely my choice for the year.

Robert Caro, The Years of Lyndon Johnson, 4 Volumes (Alfred A. Knopf, 1982-2012)

I have a certain passion for political biography and like to think of myself as something of a connoisseur. Why it has taken me so long to finally sit down and read this much acclaimed treatment of Johnson might be because of its daunting length. A fifth and final volume covering his post-elections years in the Vietnam White House is eagerly awaited and apparently imminent. I am not going to prevaricate with the ‘one of the most’ formula. This is undoubtedly the finest of this genre that I have ever read. For those who might wonder why they should spend precious reading time on Johnson I would like to say that the “years” in the title are not just his years but a political and social history of the USA over half a century. Not many would be willing to set aside time to plough through all four volumes, though they amply repay the effort. But I most strongly recommend, as a second best, to read just Volume 4 (The Passage of Power). It essentially covers the period from Kennedy’s assassination to Johnson’s first year in office. It becomes a microcosm of the Johnson phenomenon. On the one hand, he was undoubtedly, and this is meticulously documented, entirely ruthless and politically (and in some measure financially) corrupt from his early days as a student through his days in Congress until his accidental ascent to the presidency. From those early days one gets the impression of a person interested in power (and winning, winning, winning) for almost its own sake. He understood the power of procedural command from his early elections in college politics until his commanding mastery as Majority Leader in the Senate. And the lessons we as readers learn about congressional politics remain illuminating, even essential, 60 years later, in understanding the tortured relations of, say, Obama and Trump with Congress. I would say an indispensable lesson. You don’t know what you don’t know until you have read such. And, of course, in our minds there is always the Johnson of ‘Hey hey LBJ, how many kids did you kill today’.

Now comes the ‘On the other hand’ which makes both the personality of Johnson so intriguingly complex and our judgment of him so difficult. He grew up in abject poverty – no exaggeration. He pined for the ham sandwich at school but could only afford the cheese one. He and his family literally scratched a living out of the barren soil on which they lived. Like Clinton decades later, he grew up with and alongside a black and Hispanic population in the most natural way. The result was, his greed for power and avarice notwithstanding, a person with a huge and genuine commitment to social justice and, miracle of miracles for a son of Texas, bereft of that visceral racism, not mere disdain for but real disgust towards blacks, which was so present in the South (and not only the South) of that era and indeed has not been fully eradicated today. In his deep feeling for the poor, he made no distinction between black and white. Read the rest of this entry…

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EJIL Roll of Honour

Published on February 16, 2018        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 2017:

Ademola Abass, Maartje Abbenhuis, Tawhida Ahmed, Amanda Alexander, Karen Alter, Milagros Alvarez-Verdugo, Dia Anagnostou, Antony Anghie, Kenneth Armstrong, Helmut Aust, Ilias Bantekas, Michael Barnett, Arnulf Becker Lorca, Richard Bellamy, Eyal Benvenisti, Stephen Bouwhuis, Eric Brabandere, Damian Chalmers, David Chandler, Simon Chesterman, Sungjoon Cho, Ben Coates, Matthew Craven, Michael Crawford, Luigi Crema, Kristina Daugirdas, Gráinne de Búrca, Phillip Dehne, Rosalind Dixon, Christian Djeffal, Alison Duxbury, Franco Ferrari, Francesco Francioni, Micaela Frulli, Paola Gaeta, Mónica García-Salmones Rovira, Leena Grover, Jonathan Gumz, Monica Hakimi, Gerd Hankel, Gina Heathcote, Laurence Helfer, Kevin Heller, Caroline Henckels, Gleider Hernández, Loveday Hodson, Bernard Hoekman, Douglas Howland, Isabel Hull, Stephen Humphreys, Ian Hurd, Fleur Johns, Leslie Johns, Ian Johnstone, Heather Jones, Daniel Joyce, Daniel Joyner, Helen Keller, Alexandra Kemmerer, William Keylor, Thomas Kleinlein, Martti Koskenniemi, Sari Kouvo, James Kraska, Samuel Kruizinga, Shashank Kumar, Malcolm Langford, Randall Lesaffer, Mark Lewis, David Luban, Mikael Madsen, Debora Malito, Lauri Mälksoo, Nora Markard, Tanja Masson-Zwaan, Petros Mavroidis, Lorna McGregor, David McGrogan, Campbell McLachlan, Frédéric Mégret, Liam Murphy, Stephen Neff, Vasuki Nesiah, Luigi Nuzzo, Therese O’Donnell, Henrik Olsen, Alexander Orakhelashvili, Sundhya Pahuja, Martins Paparinskis, Andreas Paulus, Joost Pauwelyn, Clint Peinhardt, Victor Peskin, Niels Petersen, Yannick Radi, Surabhi Ranganathan, Morten Rasmussen, Cecily Rose, Cedric Ryngaert, William Schabas, Sibylle Scheipers, Stephen Schill, Thomas Schultz, Christine Schwöbel, Joanne Scott, Gerry Simpson, Sandesh Sivakumaran, Peter Stirk, Oisin Suttle, Katie Sykes, Anastasia Telesetsky, Christopher Vajda, Isabel Van Damme, Antoine Vauchez, Milos Vec, Ingo Venzke, Ana Filipa Vrdoljak, Robert Wai, Andrew Webster, Ramses Wessel, Jason Yackee, Margaret Young, Aldo Zammit Borda.

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