Friedrich: International Environmental “soft law”

Jürgen Friedrich has published International Environmental “soft law”: The Functions and Limits of Nonbinding Instruments in International Environmental Governance and Law (Springer 2013). Here's the abstract:

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

Dolidze: The Arctic Sunrise and NGOs in International Judicial Proceedings

Anna Dolidze (Univ. of Western Ontario - Law) has posted an ASIL Insight on The Arctic Sunrise and NGOs in International Judicial Proceedings.

New Issue: Nordic Journal of Human Rights

The latest issue of the Nordic Journal of Human Rights (Vol. 31, no. 4, 2013) is out. Contents include:

• Special Section: Fragile Democracies
• Leiry Cornejo Chavez & Andreas Føllesdal, Fragile Democracies, Strong Human Rights Courts? Comparing European and Inter-American Cases - Special Section Introduction
• Cecilia M Bailliet, Measuring Compliance with the Inter-American Court of Human Rights: The Ongoing Challenge of Judicial Independence in Latin America
• Kjetil Mujezinović Larsen, Compliance with Judgments from the European Court of Human Rights: The Court’s Call for Legislative Reforms
• Leiry Cornejo Chavez, The Claude-Reyes Case of the Inter-American Court of Human Rights - Strengthening Chilean Democracy?
• Ramute Remezaite, The Impact of the European Court of Human Rights on Democratisation in Azerbaijan: Securing Freedom of the Press

Jain: Interpreting the 'Removal' Obligation in Article 7.8 of the WTO SCM Agreement

Abhimanyu George Jain (High Court of Delhi; Georgetown Univ. - Law) has posted Interpreting the 'Removal' Obligation in Article 7.8 of the WTO SCM Agreement (Manchester Journal of International Economic Law, Vol. 10, No. 3, 2013). Here's the abstract:

The meaning of the phrase ‘remove the adverse effects’ as used in Art. 7.8 of the WTO Subsidies and Countervailing Measures Agreement (SCM Agreement) is unclear; it has been explored neither in the jurisprudence of the DSM, nor in academic literature. There are three fundamental principles underlying the interpretation of the SCM agreement – avoidance of economic analyses, proscription of retrospective remedies and interpretation of ‘withdrawal’ in Art. 4.7 as prospective cessation. Based on these fundamental interpretive principles, there are several possible meanings of the removal obligation, including equivalent subsidisation, price controls and quantitative restrictions. In the absence of decisive reasons to prefer one over the other, the removal obligation should be construed as a result rather than process obligation. This analytical inquiry demonstrates the problems engendered and perpetuated by the avoidance of economic analyses in interpretation of the SCM Agreement.

Legal Fallout of Chris Kluwe's Allegations

Howard blogged earlier on Chris Kluwe's allegations against the Vikings, specifically that he was cut because of his views on marriage equality. I was on SI Now earlier today to talk about the potential legal fallout:

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 9, no. 1, 2014) is out. Contents include:

• Susan Ning, Liu Jia, & Sun Yiming, A Practitioner’s Look at National Security Review in China
• David Leys, Does a Theory of Causation Exist under the WTO Safeguards Agreement?
• Hossein Rahmanseresht & Sahar Ahmadi Partovi, Factors Affecting the Effectiveness and Success of International Road Freight Transit from Iran
• Bernd G. Janzen & Jean-Rene Broussard, New Directions in the Perennial Struggle to Detect and Fight the Evasion of Antidumping and Countervailing Duties
• Jeremy Zucker & Hrishikesh Hari, Gone with the Wind II: The Ralls Decision and Lessons for Foreign Investors

New Volume: Israel Yearbook on Human Rights

The latest volume of the Israel Yearbook on Human Rights (Vol. 43, 2013) is out. Contents include:

• International Law Conference: “Cyber War and International Law” United States Naval War College, Newport, Rhode Island, 25 - 27 June 2012
• Michael J. Glennon, The Road Ahead; Gaps, Drips, and Cyber-Conflict
• Noam Lubell, Lawful Targets in Cyber Operations: Does the Principle of Distinction Apply?
• William C. Banks, The Role of Counterterrorism Law in Shaping ad Bellum Norms for Cyber Warfare
• Terry D. Gill & Paul A.L. Ducheine, Anticipatory Self-Defense in Cyber Context
• Laurie R. Blank, International Law and Cyber Threats from Non-State Actors
• Robin Geiss, Cyber Warfare and Non-International Armed Conflicts
• Yoram Dinstein, Concluding Remarks: Naval War College Conference on Cyber Warfare and International Law
• Air and Missile Warfare Law of Armed Conflict
• William H. Boothby, Unmanned Platforms in the Cyber Age
• Ove Bring, Target Area Bombing
• Arne Willy Dahl, Attacks in Air and Missile Warfare
• Wolff Heintschel von Heinegg, Aerial Blockades and Zones
• Christopher J. Markham & Michael N. Schmitt, Precision Air Warfare and the Law of Armed Conflict
• Special Issues
• Harry H.G. Post, International Criminal Law: Reflections on Dualism and Monism