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.
A second Symposium in this issue focuses on the recent Whaling Case decision of the International Court of Justice. Following a brief introduction by Enzo Cannizzaro, Jean d’Aspremont uses the decision as a platform to analyse the distinction, or lack thereof, between the doctrines of sources and interpretation. Stefan Raffeiner then reflects on the relevance of organ practice and subsequent practice of states acting in international organizations to treaty interpretation, teasing out the issues raised in relation to Articles 31-32 of the Vienna Convention on the Law of Treaties. Enzo Cannizzaro bookends the symposium with a commentary on the contribution of the Whaling Case to our understanding of the interplay between the doctrines of proportionality and margin of appreciation.
In Roaming Charges, we focus on the young and the old, and the stories of lives told through the intense gaze of the subjects in these photographs.
We close the articles section of the Journal with an Afterword. In his Foreword in this year’s first issue, Robert Howse reflected on the first two decades of the WTO Appellate Body. Here, we present a collection of critical responses to Howse’s landmark article, from Hélène Ruiz Fabri, Bernard Hoekman, Andrew Lang, Petros Mavroidis, and Joost Pauwelyn, with a rejoinder by Howse.
We continue our rubric, Re-lecture, with essays by Anne-Charlotte Martineau and Oliver Lepsius, focusing respectively on George Scelle and Hans Kelsen.
Finally, our Last Page poem, by Alex Shattock, humorously shares some truths about our discipline in ‘Dinner Party Conversation’.
Emma Thomas – May the Force Be With You!
The EJIL Editors have made every effort over the years in relations with our publisher, Oxford University Press, to obtain the very best for our authors and readers, including the most author-friendly copyright terms and reasonably priced subscription rates. This has not always made for easy and tension-free relations. Yet for the past seven years Emma Thomas, OUP’s formidable senior publisher in charge of EJIL, has succeeded in navigating the stormy waters that our requests have at times created and has, with extraordinary ability, managed to look after EJIL’s best interests without of course sacrificing OUP’s. Emma is leaving OUP now to take up a new career challenge and we at EJIL wish her the very best of success. We are losing an impressive colleague and a warm and generous friend.
EJIL Roll of Honour
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 2016:
Amanda Alexander, Philip Alston, Roozbeh Baker, Virginie Barral, Robert Beckman, Richard Bellamy, Gabriella Blum, David Caron, Rose Cecily, Hilary Charlesworth, Steve Charnovitz, Vincent Chetail, Roger Clark, Kaitlin Cordes, Kristina Daugirdas, Kevin Davis, Oliver Diggelmann, Jeffrey Dunoff, Francesco Francioni, Bryant Garth, Marlies Glasius, Leena Grover, Hans Morten Haugen, Kevin Heller, Gleider Hernández, Loveday Hodson, Robert Howse, Andrew Hurrell, Jörg Kammerhofer, Michael Karayanni, Helen Keller, Sara Kendall, Tarun Khaitan, Claus Kress, David Kretzmer, Dino Kritsiotis, Andreas Kulick, Shashank Kumar, Jurgen Kurtz, Charles Leben, Randall Lesaffer, Mikael Madsen, Debora Malito, Triestino Mariniello, Giuseppe Martinico, Walter Mattli, Robert McCorquodale, John McCrudden, Lorna McGregor, David McGrogan, Frédéric Mégret, Naz Modirzadeh, Sonia Morano-Foadi, John Morss, Samuel Moyn, Liam Murphy, Stephen Neff, Anne Orford, Federico Ortino, Martins Paparinskis, Andreas Paulus, Clint Peinhardt, Teresa Phelps, Ilias Plakokefalos, Sergio Puig, Dirk Pulkowski, Morten Rasmussen, Kal Raustiala, Nicole Roughan, Cedric M.J. Ryngaert, Harm Schepel, Thomas Schultz, Joanne Scott, Kirsten Sellars, Eran Shamir-Borer, Sandesh Sivakumaran, Oisin Suttle, Katie Sykes, Anastasia Telesetsky, Jaime Tijmes, Antonios Tzanakopoulos, Antoine Vauchez, Jochen von Bernstorff, Armin von Bogdandy, Ana Filipa Vrdoljak, Michael Waibel, Kenneth Watkin, Stephen Weatherill, Ramses Wessel, Reinmar Wolff, Ingrid Wuerth, Claus Zimmerman.