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New Issue of EJIL (Vol. 29 (2018) No. 3) Published

Published on November 9, 2018        Author: 
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The latest issue of the European Journal of International Law (Vol. 29, No. 3) 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 Frédéric Mégret’s International Criminal Justice as a Peace Project. 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.

 

 

 

Publish and Perish: A Plea to Deans, Faculty Chairpersons, University Authorities

Published on November 8, 2018        Author: 
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Item: EJIL and I.CON, like most of their peers, used to classify article submissions into three categories: Accept, Revise and Resubmit, and Reject. In recent times, a good few years now, we have added what we call ‘Category 4’. It happens increasingly that on the first screening of an article we come to seemingly contradictory conclusions. On the one hand, the piece may be striking in any number of ways: the choice of topic, the originality of the principal argument, the novel empirical data therein. On the other hand, our accumulated experience tells us that it will never pass peer review, not even the Revise and Resubmit threshold. It is simply too rushed and hence too raw. That’s why the Category 4 was invented. An encouraging letter is sent to the author indicating that we believe there is much promise in the piece but it requires a general overhaul before the specific road map, which is the hallmark of a good Revise and Resubmit peer report, can take place: more research, more depth in developing arguments, more attention to counter arguments, more care in expressing them, etc.

Item: In preparing a tenure review report, or assisting in an entry-level appointment process I read the file – a dozen articles or so. One is strikingly good. A handful, truly mediocre. One or two, real garbage. From the same hand, from the same mind. How so uneven? We cannot be at our best in everything we put out, but I am talking discrepancies that go beyond that standard distribution.

Item: I’m a commentator in our post-doc workshop. I later meet with the young scholar to give detailed comments and suggestions for the work. You’ll need, I say, a good few months, maybe half a year’s more work to produce what could become a splendid piece. The post-doc looks at me forgivingly: ‘It won’t happen. My dean expects us to publish seven pieces (!) in two years. I have to move on.’ This ‘quota’ may be at the higher end but is not atypical. I later see the piece, in its original form, on SSRN and eventually in some journal. Read the rest of this entry…

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EJIL Vol. 29 (2018) No. 3: In This Issue

Published on November 7, 2018        Author: 
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This issue of the European Journal of International Law features prominently the theme of ‘Perpetrators and Victims of War’.

We open the issue with a series of articles focusing on International Criminal Law. Sofia Stolk starts off by shedding light on the construction of an ‘ideal perpetrator’ – a ‘sophisticated beast’ in international criminal law trials – to allow both accountability and condemnation. A complementary perspective is put forward by Christine Schwöbel-Patel, who analyses the social, political and legal construction of the ‘ideal victim’. Following, Line Gissel scrutinizes Africa’s support for the International Criminal Court (ICC) between 1993-2003. Alexandra Adams concludes this section with an examination of the legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and their contributions to the intricate definition of rape.

In the next section, we feature the penultimate instalment of our Symposium on International Law and the First World War, focusing in this issue on the end of the War. Randall Lesaffer retraces the development of aggression as a concept of international law, showing that a long history of thought on use of force law preceded the Versailles Peace Treaty. Markus M. Payk analyses the Paris Peace Settlement after the Great War, examining the impact that notions of law, justice and legality had on the negotiations leading to the Settlement in the Allies’ quest to establish the ‘reign of law’.

Roaming Charges features a photograph of the stunning relief found in Wroclaw by the local sculptor Eugeniusz Get Stankiewicz: ‘The Crucifixion – Do It Yourself’. We are all perpetrators is one lesson one may take from this work of art. Read the rest of this entry…

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New Issue of EJIL (Vol. 29 (2018) No. 3) Out This Week

Published on November 7, 2018        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:

Editorial

Editorial: Publish and Perish: A Plea to Deans, Faculty Chairpersons, University Authorities; In this Issue

Perpetrators and Victims of War

Articles

Sofia Stolk, A sophisticated beast? On the construction of an ‘ideal’ perpetrator in the opening statements of international criminal trials

Christine Schwöbel-Patel, The ‘Ideal Victim of International Criminal Law

Line Gissel, A Different Kind of Court: Africa’s Support for the International Criminal Court, 1993-2003

Alexandra Adams, The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and its Contribution to the Definition of Rape

Symposium: International Law and the First World War

International Law and the End of War

Randall Lesaffer, Aggression before Versailles

Markus M. Payk, ‘What We Seek is the Reign of Law’: The Legalism of the Paris Peace Settlement after the Great War

 Roaming Charges

The Crucifixion – Do It Yourself

 Symposium: The Crime of Aggression before the International Criminal Court

Dapo Akande and Antonios Tzanakopoulos, The Crime of Aggression before the International Criminal Court: Introduction to the Symposium

Frédéric Mégret, International Criminal Justice as a Peace Project

Tom Dannenbaum, The Criminalization of Aggression and Soldiers’ Rights

 

Tom Ruys, Criminalizing Aggression: How the Future of the Law on the Use of Force Rests in the Hands of the ICC

Marieke de Hoon, The Crime of Aggression’s Show Trial Catch-22

Dapo Akande and Antonios Tzanakopoulos, Treaty Law and ICC Jurisdiction Over the Crime of Aggression

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New EJIL: Live! Interview with Professor Bhupinder Chimni on his Life and Life Work

Published on October 26, 2018        Author: 
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In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Bhupinder Chimni, Professor of International Law at the School of International Studies, Jawaharlal Nehru University, Delhi, India. The interview, rather than discussing a specific article, looks at the life and the life work of Professor B.S. Chimni.

The conversation ranges across many subjects, including the influences that shaped Prof. Chimni’s life and thought, the meaning, significance and influence of the TWAIL movement, legal education in India, his writings on international refugee law and scholarly projects for the future. EJIL vol. 29(2) features a review essay by Dr Akbar Rasulov on Professor Chimni’s most recent book, “International Law and World Order: A Critique of Contemporary Approaches”, which viewers are also invited to read. The interview was recorded at the National University of Singapore.

 

 
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New Issue of EJIL (Vol. 29 (2018) No. 2) Published

Published on July 26, 2018        Author: 
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The latest issue of the European Journal of International Law (Vol. 29, No. 2) 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 Devika Hovell’s  The Authority of Universal Jurisdiction. 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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Black Lies, White Lies and Some Uncomfortable Truths in and of the International Trading System

Published on July 25, 2018        Author: 
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The international trading system is not just about trade in which the only calculus of its worth and importance can be measured in the growth (or otherwise) of aggregate welfare, economically speaking. Since trade, in goods and services, is the principal modality of transnational intercourse, the international trading system and the legal system which undergirds it, reflects and constitutes the concomitant principal modus operandi of peacetime international relations. It is based on a respect for multilateralism and the rule of (international) law. That modus operandi radiates into other spheres of international cooperation, contributing ultimately to stability and peace. For some, on both right and left, it greases, too, the wheels of ‘globalism’, ‘the reign of capital’ (‘capitalism’ as an expression is somewhat out of fashion) and I have even seen the spectre of ‘international financiers’ being resurrected. But be as it may your view of these assorted alleged vices or virtues, I think there is a broad consensus that one should be careful not to throw the baby – multilateralism and the rule of law – out with whatever dirty bathwater within the system is not to your liking.

However, it is just this that is unfolding in front of our eyes. In trying to redress what he believes are ‘horrible’ terms of trade to which his country, the USA, had given its consent and enshrined in binding international legal instruments, Mr. T. and his crew seem almost more interested in throwing the baby out than cleansing what he considers is the dirty bath water.

Thus, for example, the WTO dispute settlement is slowly being asphyxiated by an American strategy of blocking appointments to the Appellate Body – the de facto World Trade Court. The by now infamous imposition of tariffs on certain steel products and the threats of doing likewise on trade in automobiles (there will be no Mercedes Benzes on 5th Avenue! – not such a bad outcome if it means their replacement by the ever fresh Fiat 500) is illustrative. In both cases the formal justification offered is ‘national security’. This is a black lie if ever there was one. Yes, legal terms, like beauty, are often as elastic as the beholder wishes them to be. And with that reasoning just about any weakening of the trading position of a state may be reducible to a threat to national security. I will not waste my and your time in explaining that this is not what the national security clause is about, though I feel some compassion for the young lawyers in the American government service who were required to write learned disquisitions and briefs trying to justify this legal construct. We all know what it is really about. Read the rest of this entry…

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Authors of EJIL – Customer Care

Published on July 24, 2018        Author: 
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Try as hard as we may, it often takes months to get a publishing decision from EJIL. The bottleneck is, in most cases, the peer review process of which you have read my laments on more than one occasion. Let me say straight away that peer reviewing is a fundamental and immensely valuable part of journal publishing. It not only helps us in our publication decisions but our authors receive constructive comments, which enable them to improve their articles and for which they are, without exception, grateful. We, in turn, are incredibly grateful to our colleagues in the international law community who regularly or irregularly take on the somewhat thankless task of peer reviewing (though perhaps seeing a significantly improved piece in print does provide a measure of thanks).

As important and valuable as peer reviewing is, the process is often as unpredictable as the weather in spring. It might take weeks before we manage to assemble the peer reviewers (we get many refusals; and potential peer reviewers do not always reply instantly to our request) and then, as you know from your own experience, good intentions come up against the realities of academic life one constant of which is always to be late in submitting something promised. Have you not sometimes thought that the flows of our professional life resemble managing a perennial overdraft in the bank?

We have revised our procedure in one small but critical sense which, we hope, will be welcomed by our authors. As I have explained on more than one occasion, the first step in considering a manuscript is a careful read by the ‘in-house’ editorial team, who decide whether or not the submission should be sent to peer review. As I have also explained more than once, there can be many reasons apart from quality that may underlie a decision not to send out to peer review. EJIL is a general interest IL journal and we build our issues with the aim of appealing to a wide readership. Each article we publish means the rejection of another article which could be of similar intrinsic quality. For example, we may not wish to publish in one year five articles on, say, customary law, or proportionality, or investment arbitration, even if each of the five would be of publishable quality. Read the rest of this entry…

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EJIL Vol. 29 (2018) No. 2: In This Issue

Published on July 23, 2018        Author: 
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This issue of EJIL opens with a selection of articles that share a focus on human rights. Itamar Mann analyses the infamous trope of ‘legal black holes’ and deploys it to examine the ignominious failure to end mass drownings of migrants and refugees. In his view, the apparent rightlessness of maritime migrants is fundamentally different from other forms of rightlessness since it is not brought about by a violation of international law but is rather created by and deeply entrenched in it.

Following, Leora Bilsky and Rachel Klagsbrun focus on another form of egregious rightlessness: genocide. While the original conception of this crime was essentially cultural, the Genocide Convention does not reflect this. The authors examine the factors that led to the exclusion of cultural genocide from the Convention and outline its countermeasure – cultural restitution.

David Kosař and Jan Petrov shift the perspective from open wounds and scars of international law to issues of compliance. Using the Czech Republic as an object of analysis, they present valuable insights on factors determining compliance and non-compliance with international human rights rulings as well as variable levels of their implementation.    

Devika Hovell concludes this section by focusing on the fundamental question of universal jurisdiction. She strips away the often obfuscating technical aspects of jurisdiction to reach the very essence of this concept by examining both its sources as well as its legal-political dimensions. Read the rest of this entry…

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New Issue of EJIL (Vol. 29 (2018) No. 2) Out This Week

Published on July 23, 2018        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:

Editorial

Black Lies, White Lies and Some Uncomfortable Truths in and of the International Trading System; Authors of EJIL – Customer Care; In this Issue

 Articles

Devika Hovell, The Authority of Universal Jurisdiction

Itamar Mann, Maritime Legal Black Holes: Migration and Rightlessness

Leora Bilsky and Rachel Klagsbrun, The Return of Cultural Genocide?

David Kosař and Jan Petrov, Determinants of Compliance Difficulties among ‘Good Compliers’: Implementation of International Human Rights Rulings in the Czech Republic

Symposium: International Law and the First World War

Belligerency and Neutrality

Stephen Neff, Disrupting a Delicate Balance: The Allied Blockade Policy and the Law of Maritime Neutrality during the Great War

Andrew Norris, Uninvited and Unwelcome: The S.S. Appam and the U.S. Law of Neutrality Read the rest of this entry…

 
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