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Saturday, January 4, 2014

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.

Friday, January 3, 2014

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

140 Law - Legal Headlines for Friday, January 3, 2014

- Elysia Cherry, Legal Assistant

Conference: Law of the Sea in the 21st Century: Stalemate or flexibility to address new challenges?

On March 7-9, 2014, the Walther Schücking Institute for International Law at the Christian-Albrechts-Universität zu Kiel will host a conference on "Law of the Sea in the 21st Century: Stalemate or flexibility to address new challenges?" The program is here. Here's the idea:

The Walther Schücking Institute for International Law commemorates its 100th anniversary with a series of academic events throughout the year 2014. An interest in the law of the sea was one reason for founding the Institute in 1914 and research on legal regulation of the oceans is placed high on its research agenda until today.

The workshop offers a platform to identify and discuss the need for action in contemporary “Ocean Governance”. It aims at identifying the problem areas and discussing the solutions in order to develop new approaches for policy makers.

Law of the sea is a discipline that has to be flexible to change and progress. Its governance functions are put to test by the effects of climate change and the rise of new technologies for the exploitation of marine resources, as well as by well known problems such as overfishing. Still, the view prevails that any formal amendment of the Law of the Sea Convention 30 years after its adoption is hardly promising due to the Convention‘s character as a “package deal”. The workshop will thus focus on the following questions: To what extent does the current legal framework offer room for flexibility? Are the steering mechanisms adaptable to new challenges? What effective solutions can the law of the sea offer for the identified problems?

Cremona, Hilpold, Lavranos, Schneider, & Ziegler: Liber Amicorum for Ernst-Ulrich Petersmann

Marise Cremona (European Univ. Institute - Law), Peter Hilpold (Univ. of Innsbruck - Law), Nikos Lavranos (Ministry of Foreign Affairs, The Netherlands), Stefan Staiger Schneider (European Univ. Institute - Law), & Andreas R. Ziegler (Univ. of Lausanne - Law) have published Reflections on the Constitutionalisation of International Economic Law: Liber Amicorum for Ernst-Ulrich Petersmann (Martinus Nijhoff Publishers 2013). Contents include:
  • Federico Ortino, Liberalization of Trade in Goods in the EEC: Origin and Early Evolution
  • Peter Hilpold, The ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era
  • Meinhard Hilf & Tim René Salomon, Margin of Appreciation Revisited: The Balancing Pole of Multilevel Governance
  • Nikos Lavranos, The Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals
  • Giuseppe Martinico, National Judges and European Laws: A Comparative Constitutional Perspective
  • Ólafur Ísberg Hannesson, Legal Pluralism in the EEA Legal Order: The EFTA Court’s Role in a Broader Institutional Context
  • Pedro Lomba, Constructing a ‘We’: Collective Agency and the European Union
  • Christian Joerges, Conflicts-Law Constitutionalism: Ambitions and Problems
  • Roland Bieber, Balancing Difference and Equality of Political Rights in the European Union – A Paradigm of Constitutional Pluralism
  • Marise Cremona, International Regulatory Policy and Democratic Accountability: The EU and the ACTA
  • Marco Bronckers & Sophie Goelen, Financial Liability of the EU for Violations of WTO Law – A Legislative Proposal Benefiting Innocent Bystanders
  • John H. Jackson, Constitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals
  • Peter-Tobias Stoll, Constitutional Perspectives on International Economic Law
  • Thomas Cottier, Sovereign Equality and Graduation in International Economic Law
  • Andreas R. Ziegler, International Economic Law: Still the Ugly Duckling of Public International Law?
  • Petros C. Mavroidis, Justice is Coming (. . . From Behind Closed Doors: The WTO Judges)
  • Gabrielle Marceau & Jennifer K. Hawkins, Panel Requests: What’s The Problem?
  • Chien-Huei Wu, Legal Aspects of the WTO-IMF Relationship Revisited
  • Frederick M. Abbott, Prof. Ernst-Ulrich Petersmann and the Work of the ILA Committee on International Trade Law (1993–2012)
  • Antonello Tancredi, Still Going “Grey” After All These Years? Export-Restraint Agreements and the WTO
  • Edwin Vermulst, Filling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China
  • Lothar Ehring, Nature and Status of WTO Accession Commitments: “WTO-Plus” Obligations and Their Relationship to Other Parts of the WTO Agreement
  • Lukasz Gruszczynski, Tobacco Products in WTO Law
  • Daniel Kraus, Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health
  • Ilze Dubava, The Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good
  • Giorgio Sacerdoti, Diplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990–1992) and Its Lessons
  • Boris Rigod, Enforcement of the WTO ‘Regional Exceptions’: A Comparative Institutional Analysis
  • Richard Senti, Regional Trade Agreements: ‘Stepping Stones’ or ‘Stumbling Blocks’of the WTO?
  • Stefan Staiger Schneider, State’s Access to Justice in a Multilevel Legal World: The Brazil Tyres Cases Revisited
  • Francesco Francioni, Revisiting Sustainable Development in Light of General Principles of International Environmental Law
  • Arthur E. Appleton, Product Labelling 15 Years On: The Role of the Judiciary
  • Hans-Wolfgang Micklitz & Marco Rizzi, International Regulation and Control of the Production and Use of Chemicals “Revisited”
  • Mary E. Footer, Righting Socio-Economic Wrongs in Times of Financial and Economic Crisis
  • Christian Tietje, The Right to Development within the International Economic Legal Order
  • Pierre Thielbörger, The Right to Water: Effective Multi-Level Protection of a Multi-Faceted Human Right? – An Application of the Kadi and Medellin Approaches to the Case of the Right to Water
  • Friedl Weiss, Elusive Coherence in International Law and Institutions: The Labour–Trade Debate
  • Robert Howse, Consumer Labelling on Trial at the WTO: Misunderstanding the Behavioural Law and Economics of Consumer Information

Thursday, January 2, 2014

New Volume: Recueil des Cours

Volume 358 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 358
    • R.A. Brand, Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments
    • G. Hafner, The Emancipation of the Individual from the State under International Law

Athlete speech of a different kind

Not all athlete speech is offensive. Some athletes do speak out for worthy political ideals, even if it comes with a price. Chris Kluwe, formerly a punter for the Minnesota Vikings, was an outspoken advocate for marriage equality. He was released by the Vikings last spring amid obvious questions about any connection between his activism and his release. Although Kluwe has always said some version of "I don't know" when asked about the connection, in a piece on Deadspin Thursday he says he is "pretty confident" his activism was the reason he was fired.

In the article, Kluwe describes not-so-subtle pressure from (now former) Vikings head coach Leslie Frazier and GM Rick Spielman to stop speaking out on marriage equality or gay rights and outright anti-gay bigotry by special teams coach Mike Priefer, including telling a roomful of players "We should round up all the gays, send them to an island, and then nuke it until it glows." The Vikings deny that Kluwe's release was based on anything other than his performance, but have promised to investigate (owner Zygi Wilf is a strong supporter of marriage equality). Priefer issued his own statement "vehemently" denying Kluwe's allegations. Stay tuned; this could cast another interesting light on athlete speech and the culture of NFL locker rooms.

[Update: The Vikings have hired a former chief justice of the Minnesota Supreme Court and a former DOJ attorney (who previously lead the investigation into misconduct by Fiesta Bowl officials) to conduct the investigation. If I had to predict an outcome, it would be that there will be insufficient evidence to support Kluwe's allegations of a retaliatory firing, but that if any evidence corroborates Priefer's "nuke it" comment, he will lose his job in Minnesota (although almost certainly will coach again, because that is just how football works).]

One other thing I'll highlight from Kluwe's original piece. He describes a conversation in which Frazier strongly urged him to stop speaking on this, allegedly saying, "'a wise coach once told me there are two things you don't talk about in the NFL, politics and religion.'" Given the blatant role that Christianity plays in football, including in the NFL, this may be one of the dumbest things ever said.

140 Law - Legal Headlines for Thursday, January 2, 2014

Here are the leading legal headlines from Wise Law on Twitter for Thursday, January 2, 2014:

- Elysia Cherry, Legal Assistant 

Wednesday, January 1, 2014

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 27, no. 4, Winter 2013) is out. Contents include:
  • Essay
    • David Scheffer, The Ethical Imperative of Curbing Corporate Tax Avoidance
  • Roundtable: The Ethics of Rebellion
    • James Turner Johnson, Ad Fontes: The Question of Rebellion and Moral Tradition on the Use of Force
    • John Kelsay, Muslim Discourse on Rebellion
    • Nigel Biggar, Christian Just War Reasoning and Two Cases of Rebellion: Ireland 1916–1921 and Syria 2011–Present
    • Valerie Morkevicius, Why We Need a Just Rebellion Theory
  • Features
    • Chris Armstrong, Sovereign Wealth Funds and Global Justice
    • Margaret Moore, On Rights to Land, Expulsions, and Corrective Justice
  • Review Essay
    • Edward Skidelsky, The Touch of Midas: Money, Markets, and Morality