New Issue of EJIL (Vol. 35 (2024) No. 3) – Out Next Week

The newest problem of the European Journal of Worldwide Regulation will likely be printed subsequent week. Subsequent week, we’ll publish a variety of posts outlining the contents of this problem.  Right here is the Desk of Contents for this new problem, in addition to the Abstracts:

Editorial

In This Subject; In This Subject – Opinions; The Three Students behind ScholarOne: EJIL’s Affiliate Editors

Articles

Madelaine Chiam, Monique Cormier and Anna Hood, Regulation, Conflict and Letter Writing

Taylor St John, Malcolm Langford, Yuliya Chernykh, Øyvind Stiansen, Tarald Gulseth Berge and Sergio Puig, Bargaining within the Shadow of Awards

Jason Webb Yackee, The First French BIT

Hedi Viterbo and Yulia Ioffe, No Refuge from Childhood: How Little one Safety Harms Refugees

Essential Assessment of Governance

Diego Zannoni, Are We Opening Pandora’s Field? Clones, Human Spare Components and Worldwide Regulation

Cecily Rose, The Progressive Growth of Worldwide Regulation on the Return of Stolen Belongings: Mapping the Paths Ahead

 Essential Assessment of Jurisprudence

Salvatore Caserta and Mikael Rask Madsen, When the Solar, the Moon, and the Stars Align: Litigating LGBTQIA+ Rights and the Dying Penalty in East Africa and the Caribbean

Roaming Costs

Issues with a Soul: Low Tech

Guide Opinions

Tracy-Lynn Subject and Michael Hennessy Picard, Assessment of Gabrielle Hecht. Residual Governance: How South Africa Foretells Planetary Futures

Jelena Bäumler, Assessment of Ivano Alogna, Christine Bakker, Jean-Pierre Gauci (eds). Local weather Change Litigation: World Views

Daniel Müller, Assessment of Lukas Vanhonnaeker. Shareholders’ Claims for Reflective Loss in Worldwide Funding Regulation

Diego Mejía-Lemos, Assessment of Imogen Saunders. Common Rules as a Supply of Worldwide Regulation: Artwork 38(1)(c) of the Statute of the Worldwide Courtroom of Justice

 Guide Assessment Symposium: The Hague Academy (Half II)

Moritz Koenig, Turkey, the Hague Academy, and Worldwide Regulation within the Interwar Interval: The Transnational Pondering of Ahmed Reşid

Artur Simonyan, Russia’s Counter-revolutionary Worldwide Regulation within the Scholarship of

Boris Mirkine-Guetzévitch

Karin van Leeuwen, The Hague Academy as a Area of Encounter: How Scelle’s 1933 Teachings on Nationwide Courts Landed within the Netherlands

Diane Marie Amann, A Nuremberg Lady and the Hague Academy

 The Final Web page

Adalbert Stifter, Müdigkeit (transl. Susan McClements Wyss)

ABSTRACTS

 Madelaine Chiam, Monique Cormier and Anna Hood, Regulation, Conflict and Letter Writing

When (some) worldwide crises come up, it has develop into frequent for attorneys to reply by penning open letters that decision out violations of worldwide regulation and name on governments, worldwide organizations or civil society to take a set of actions. On this article, we argue that the prevalence of worldwide regulation open letter writing implies that open letters can now be seen as a style of worldwide authorized observe. Consequently, there’s a want for worldwide attorneys to attend extra carefully to the needs, conventions and penalties of the observe. Drawing on open letters that had been written within the first three months of the Russia-Ukraine battle in 2022 and the primary three months of the Israel-Gaza battle in 2023, we argue that there are three foremost functions embedded in these letters: advocacy, solidarity and public training. All through this text, we discover these functions, take into account their limits and potentialities and analyse how the letter writers search to realize them. We contend that, at current, worldwide regulation open letters pursue advocacy, solidarity and public training in methods which are usually slim and with potential unintended penalties. We propose that these limitations could possibly be addressed via using a broader array of open letter-writing modalities.

Taylor St John, Malcolm Langford, Yuliya Chernykh, Øyvind Stiansen, Tarald Gulseth Berge and Sergio Puig, Bargaining within the Shadow of Awards

Worldwide funding disputes occupy a curious place within the analysis programme on compliance. On the one hand, there’s a widespread presumption that respondent states typically pay the compensation that they’re ordered to pay as a result of not doing so dangers extra litigation or much less funding. Then again, these disputes regularly proceed lengthy after awards are handed down, there are seen situations of non-payment, and little proof about if or how most disputes are literally resolved. Compliance with investor-state dispute settlement (ISDS) awards has additionally been tough to check as a result of a lot of what happens after an arbitral determination falls exterior conventional understandings of compliance processes. Due to this fact, on this article, we introduce a broader time period – decision – and look past cost at a wider panorama of post-award dynamics. We additionally introduce a framework to deliver these dynamics into view. This framework locations awards within the context of longer-term bargaining and articulates how bargaining is totally different when it happens within the shadow of an award. We current three mechanisms via which awards can form outcomes – as a authentic consequence, as a coordinating point of interest, or as a bargaining endowment– earlier than arguing that the third mechanism is the commonest within the context of ISDS.

Jason Webb Yackee, The First French BIT

This text attracts upon authentic analysis within the French authorities archives to uncover the story of the negotiations of France’s first bilateral funding treaty – a 1963 treaty with Tunisia. France’s mannequin for the treaty was not Germany’s now-famous 1959 funding treaty with Pakistan however, fairly, Switzerland’s personal (and way more obscure) first funding treaty, additionally with Tunisia. The article additionally exhibits that the treaty’s invocation of ‘truthful and equitable therapy’ was supposed to replicate solely what customary worldwide regulation already required. The treaty, regardless of the shortage of an investor-state arbitration clause, appears to have been a relative success. France and Tunisia, entangled in a fancy and delicate post-colonial relationship, efficiently managed the fallout from Tunisia’s sudden nationalization of French-owned agricultural properties.

Hedi Viterbo and Yulia Ioffe, No Refuge from Childhood: How Little one Safety Harms Refugees

This text sheds new and important mild on the notion, enshrined in worldwide regulation, that youngster refugees are a uniquely weak and dependent age group requiring particular safety. Though safety just isn’t inherently detrimental, this conception of kid safety usually finally ends up harming refugees of all ages. It casts grownup refugees as much less weak, much less dependent and fewer deserving of safety than their youthful counterparts. It downplays the contextual, relational and socially constructed nature of vulnerability, dependence and childhood. It doubtlessly contributes to the disregard for the capability and needs of kid refugees. It often affords these kids solely short-term safety, thereby growing their uncertainty, driving them to disengage from welfare companies and incentivizing the state to delay selections about their entitlements. In the meantime, worldwide regulation not solely locations nice worth on kids’s relationships with their mother and father but additionally authorizes the punishment of supposedly unfit mother and father, and this ambivalence helps states weaponize authorized ideas of kid safety in opposition to refugee households. What is required, nevertheless, just isn’t for youngster refugees to be denied safety. Relatively, a basic reimagining of safety is so as: a shift from hierarchies of vulnerability, dependence and deservingness in direction of free world motion based mostly on solidarity and fairness.

Diego Zannoni, Are We Opening Pandora’s Field? Clones, Human Spare Components and Worldwide Regulation

This text goals to confirm whether or not human cloning is prohibited in worldwide regulation and, in that case, to what extent. As a way to reply this query, it seeks to reveal that the complexity of the phenomenon and its concrete implications require a collection of acceptable distinctions to be made. The article begins with an summary of the totally different positions adopted by the member states throughout the debate within the United Nations (UN) Common Meeting, which led to the adoption of the UN Declaration on Human Cloning and continues with a give attention to the European authorized human cloning framework to confirm whether or not it’s extra exact than the overall worldwide one. It demonstrates that reproductive cloning is prohibited each on the world stage and in Europe, whereas therapeutic cloning to this point stays throughout the limits of lawfulness.

Cecily Rose, The Progressive Growth of Worldwide Regulation on the Return of Stolen Belongings: Mapping the Paths Ahead

The return of stolen belongings represents a ‘basic precept’ of the United Nations Conference in opposition to Corruption (UNCAC). The conference’s inclusion of a chapter on asset restoration was thought-about a groundbreaking achievement on the time of the treaty’s conclusion in 2003. The treaty negotiations regarding these provisions, nevertheless, had been extremely controversial, and the discussions didn’t profit from a considerable physique of sensible expertise regarding the return of stolen belongings. Within the 20 years for the reason that treaty’s conclusion, states have acquired some expertise with asset return, and the gaps and limitations in UNCAC’s regime governing asset restoration have develop into obvious. Article 57 of UNCAC, regarding asset return and disposal, exemplifies the necessity for progressive improvement of worldwide asset restoration legal guidelines. Article 57 requires ‘updating’ or supplementation as a result of the supply doesn’t adequately tackle main recurrent points, such because the recipients, use and monitoring of returned belongings; the transparency of the asset return course of; and the participation of civil society within the course of. Normative improvement may contain formal regulation reform, throughout the UNCAC authorized framework, but it surely may additionally contain extra casual authorized change, exterior of the UNCAC regime. The World Discussion board on Asset Restoration represents an necessary instance of authorized change that raises problems with each accountability and effectiveness.

Salvatore Caserta and Mikael Rask Madsen, When the Solar, the Moon, and the Stars Align: Litigating LGBTQI A+ Rights and the Dying Penalty in East Africa and the Caribbean

This text analyses LGBTQIA+ rights and demise penalty litigation within the Caribbean and East Africa earlier than and after the institution of latest regional worldwide courts. LGBTQIA+ rights and the demise penalty are each tough and contested points the place world actions and litigation methods simply conflict with native sentiments. For litigation to have an effect in such problem areas, the article finds that three components should align. First, there’s a want for brand spanking new institutional alternatives equivalent to new judicial venues or legal guidelines. Second, there’s a want for coordinated authorized methods that may make the most of the obtainable authorized venues. Third, there’s a want for a societal momentum for the trigger, or no less than the absence of robust political contestation in opposition to the trigger. In our examine, the institution of latest regional courts offered institutional alternatives that could possibly be seized by transnational litigation networks. And as worldwide courts function at a distance from native politics, they’ve created a extra impartial worldwide authorized alternative construction. Within the two areas and throughout the 2 problem areas studied, these three components had been most clearly aligned relating to demise penalty litigation within the Caribbean and the least aligned relating to LGBTQIA+ litigation in East Africa.