Book Launch: Protecting Civilians in Refugee Camps
It’s my great pleasure to announce the book launch of Protecting Civilians in Refugee Camps: Unable and Unwilling States, UNHCR and International Responsibility. Through an analysis of the International Law Commission’s work on international responsibility, the book discusses responsibility for human rights violations taking place in refugee camps being administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. It will be launched at the Bergen Resource Centre for International Development in Bergen, Norway, on May 22, 2014. Protecting Civilians is the first book in the International Refugee Law book series, edited by Dr David Cantor and published by Martinus Nijhoff Publishers. In the same series, the edited volume Refuge from Inhumanity? War Refugees and International Humanitarian Law will be out in September.
New Issue: Journal of Conflict Resolution
The latest issue of the Journal of Conflict Resolution (Vol. 58, no. 4, June 2014) is out. Contents include:
• Manuel Schubert & Johann Graf Lambsdorff, Negative Reciprocity in an Environment of Violent Conflict: Experimental Evidence from the Occupied Palestinian Territories
• Timothy M. Peterson, Dyadic Trade, Exit Costs, and Conflict
• Nazli Avdan, Controlling Access to Territory: Economic Interdependence, Transnational Terrorism, and Visa Policies
• Simon Collard-Wexler, Costantino Pischedda, & Michael G. Smith, Do Foreign Occupations Cause Suicide Attacks?
• Sean Zeigler, Jan H. Pierskalla, & Sandeep Mazumder, War and the Reelection Motive: Examining the Effect of Term Limits
• Molly Inman, Roudabeh Kishi, Jonathan Wilkenfeld, Michele Gelfand, & Elizabeth Salmon, Cultural Influences on Mediation in International Crises
• Alyssa K. Prorok & Benjamin J. Appel, Compliance with International Humanitarian Law: Democratic Third Parties and Civilian Targeting in Interstate War
New Issue: Journal of International Trade Law and Policy
The latest issue of the Journal of International Trade Law and Policy (Vol. 13, no. 2, 2014) is out. Contents include:
• Anokye M Adam & Imran Sharif Chaudhry, The currency union effect on intra-regional trade in Economic Community of West African States (ECOWAS)
• Christina Fattore, Domestic legal traditions and the dispute settlement body: are certain states more litigious than others?
• Niccolò Pietro Castagno, Sustainable development and the international trade law paradigm: a relationship to be denounced?
• Elijah Jacob Kosse, Stephen Devadoss, & Jeff Luckstead, US-Mexico tomato dispute
• Sheela Rai, WTO dispute settlement system and democracy: some issues to ponder
Conference: ‘Boat Refugees’ and Migrants at Sea: A Comprehensive Approach Integrating Maritime Security with Human Rights
The Refugee Law Initiative, University of London, and the Department of Law at Queen Mary University of London, with the financial support of the University Association for Contemporary European Studies (UACES) and the Human Rights Consortium (HRC) at the School of Advanced Study, will hold a conference on “‘Boat Refugees’ and Migrants at Sea: A Comprehensive Approach – Integrating Maritime Security with Human Rights,” June 23-24, 2014, at Senate House, London. Registration is now open. The program is here. Here’s the idea:
This conference aims to comprehensively address the contemporary phenomenon of ‘boat migration’ with a holistic approach. We will consider its multiple facets, combining knowledge from several disciplines and regions of the world, with a view to making a decisive contribution to our understanding of current trends, against the background of the fragmentary responses adopted and innumerable tragedies occurred thus far.
The final goal is to unpack the tension between security concerns and human rights in this context. Therefore, our joint reflections will build on recent developments in law and case law regarding the applicability of human rights at sea and take account of past and present policy experiences to help placing on-going discussions within a comprehensive framework. The objective is to trigger an inter-regional and multidisciplinary dialogue with contributions from Law of the Sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ from an integrated perspective, bridging current gaps in knowledge and policy responses, ranging from how to conceptually categorise ‘boat migrants’, to how to respond to differing needs and entitlements and how to reconcile them with State obligations and security constraints.
The conference is projected following a logical flow, which starts with the joint identification of the subject matter, moving on to the analysis of core issue-areas and policy initiatives adopted in the EU and beyond, and closing with the identification of outstanding problems, pointing the way ahead in which research should move to contribute to the development of sustainable policy, mindful of both State interests and the rights of refugees and migrants. Attention will be drawn to the instruments, actors and institutions involved to yield insights on how migration by sea has been and should be governed. To this end, each session will regroup panelists from a variety of backgrounds, who will be asked to deal with a common question.
Ohlin: The Right to Exist and the Right to Resist
Jens David Ohlin (Cornell Univ. – Law) has posted The Right to Exist and the Right to Resist. Here’s the abstract:
Although self-determination is rightly regarded as one of the highest collective rights protected by the UN Charter, there is precious little positive law outlining the scope and content of this right because courts rarely pass judgment on claims regarding self-determination. This Essay makes three elementary points regarding the core right of self-determination. First, although the right of self-determination has been inhibited by uncertainty surrounding its connection to the abstract concept of peoples or nations, these entities can be defined either through self-perceptions or other-perceptions, and either is sufficient to ground the right of self-determination. Second, the right of self-determination belongs to a cluster of legal rights, including the right to be free from aggression and genocide, which emerge from two natural rights: the right to exist and the right to resist autonomy-threatening attacks. Although one might think that a right of resistance is necessarily an outgrowth of the more primary right to exist (since resistance might be an instrumental method of securing existence), the following Essay denies this common-sense intuition. This brings us to the third claim: the right of resistance is an independent, neo-Kantian right regarding the autonomy of collective groups, such as nations or peoples, that is not reducible to the right to exist. The primary argument for its theoretical independence stems from a discussion of cases of futile self-defense, where it is certain that resistance will not achieve the continued existence of the defender. But even in such cases where annihilation is inevitable and existence cannot be protected, the right of resistance persists.
Intellectual Property and the Internet:
A Global Guide to Protecting Intellectual Property Online
Consulting editor: Neville Cordell – Allen & Overy
Publication date: May 2014
The past 20 years have seen a revolution in the way that we live, socialise and do business around the globe. Borders and barriers have fallen, giving consumers of digital information unlimited sources of data. The Internet has created a universe of convenience for the consumer.
Just as society evolves, so too must the law. The sharing of online content creates challenges for IP law, well beyond the scope of the pre-digital era. Content containing intellectual property can be shipped instantaneously around the world with the click of a mouse. We face a modern problem that our technological world accelerates at a rate that can leave our IP framework in the dust. We have seen these examples played out in the music and film industries, as well as in the electronic book publishing industry. We have also come to see that the enforcement of IP rights in cyberspace gives rise to unique cross-border enforcement issues.
Edited by Neville Cordell, IP partner at international law firm Allen & Overy, this guide contains analysis and guidance on how IP laws are applied to the Internet in 19 major jurisdictions worldwide, including chapters from leading experts at Herbert Smith Freehills, Norton Rose Fulbright, Clifford Chance, Quinn Emanuel and Kim & Chang. Chapters explore, on a comparative basis, the means of protection for a range of online content offered by copyright and database rights, trademarks and patents, considering issues such as infringement, liability, possible exemptions and remedies including disclosure orders against internet service providers.
This exciting new title is essential reading for lawyers, in-house counsel, media and business professionals who must deal with the challenges of managing digital intellectual property and wish to understand how best to protect such works from infringement internationally.