Jensen: The Commission on the Limits of the Continental Shelf: Law and Legitimacy
Øystein Jensen (Fridtjof Nansen Institute) has published The Commission on the Limits of the Continental Shelf: Law and Legitimacy (Brill | Nijhoff 2014). Here’s the abstract:
As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.
de Búrca: International Law Before the Courts: The European Union and the United States Compared
Gráinne de Búrca (New York Univ. – Law) has posted International Law Before the Courts: The European Union and the United States Compared (Virginia Journal of International Law, forthcoming). Here’s the abstract:
Against the background of a broadly shared perception of the US and the EU as very different kinds of international actors, and a related assumption that the approaches of the US Supreme Court and the European Court of Justice towards the internalization of international law are also very different, this article takes a systematic look at the approaches of the European Court of Justice and the US Supreme Court to the internalization of international law over the decade 2002-2012. The perception of the US in recent decades has been as a frequently unilateralist and exceptionalist actor in international relations, with the Supreme Court remaining resistant to law which emanates from outside the American legislative process, or which lacks a clear domestic imprimatur as applicable US law. The EU, by comparison, is seen as having a greater commitment to multilateralism and to the development and observance of international law, and the case-law of the Court of Justice has until recently been broadly viewed – with WTO jurisprudence seen as an exception – as actively contributing to shaping that image through its embrace and internalization of international law norms. The analysis over a ten-year period of the case law of the two courts dealing with international law suggests that, rather than a simplified picture of the Supreme Court as the skeptical judicial arm of an internationally exceptionalist United States and the CJEU as the embracing judicial arm of an open and internationalist European Union, there are many more commonalities between the approaches of the two courts than conventional depictions acknowledge.
New Issue: Journal of World Intellectual Property
The latest issue of the Journal of World Intellectual Property (Vol. 17, nos. 3-4, July 2014) is out. Contents include:
• Robert French, A Public Law Perspective on Intellectual Property
• Hans Morten Haugen, How Are Indigenous and Local Communities’ Rights Over Their Traditional Knowledge and Genetic Resources Protected in Current Free Trade Negotiations? Highlighting the Draft Trans-Pacific Partnership Agreement (TTPA)
• Geneviève Teil, Nature, the CoAuthor of Its Products? An Analysis of the Recent Controversy Over Rejected AOC Wines in France
• Pawarit Lertdhamtewe, The Protection of Geographical Indications in Thailand
Call for Papers: The Public and the Private in Global Governance
IBEI (Institut Barcelona d’Estudis Internacionals) and ESADEgeo (ESADE Business School’s Center for Global Economy and Geopolitics) have issued a call for papers for the third Barcelona Workshop on Global Governance, to take place January 15-16, 2015. The topic is: “The Public and the Private in Global Governance.” The deadline for abstracts is September 29, 2014. Here’s the call:
Barcelona Workshop on Global Governance
The Public and the Private in Global Governance
15 & 16 January 2015 – IBEI & ESADEgeo, Barcelona
Call for Papers
Global governance is constructed by both public and private actors. Governments have created international institutions and transgovernmental networks; companies have established selfregulatory structures; civil society and business organizations have been active in norm‐setting and monitoring. They have joined forces in various hybrid organizations, which collaborate and compete with each other, and all perform functions in the many regulatory spaces that include institutions and actors of various origins. At the same time, many privately‐created bodies claim to provide public goods, while many institutions of public origin are criticized for pursuing private gains or for being strongly influenced by private interests. As a result, the boundaries between public and private in global governance have become blurred, and the classical public/private distinction – central to structuring our understanding of domestic government – is under increasing pressure. On this background, the 2015 Barcelona Workshop on Global Governance asks how ‘the public’ and ‘the private’ are related in current structures of global governance. Key questions involve:
• Does it make sense to maintain a distinction between public and private authority, and if so, how ought ‘publicness’ to be reformulated for the global sphere? What could take the place of the public/private distinction for structuring accounts of legitimacy and accountability in global governance?
• Do the authority and legitimacy of global governance, both normatively and sociologically, depend on the ‘publicness’ of its institutions?
• How do institutions (including privately‐created ones) generate, or seek to generate, ‘publicness’ in their rhetoric, procedures and accountability mechanisms, and with what success?
• How do private actors, both national and transnational, participate in global governance regimes? What patterns of interaction exist between privately‐ and publicly‐created institutions?
• What success can the construction of a ‘global public law’ as a law of global governance have?
The Barcelona Workshop on Global Governance is a venue for the study of global governance – its structure, effects, and problems – from an interdisciplinary perspective, bringing together scholarship from international relations, law, sociology, anthropology, political theory, public administration and history. Its 3rd edition will be held on 15 & 16 January 2015 in Barcelona. Confirmed practitioner speakers include Narcis Serra (former Spanish Defense Minister and Deputy Prime Minister) and Javier Solana (former NATO Secretary General and EU High Representative for Common and Foreign Security Policy). Confirmed academic keynote speakers include Andrew Hurrell (University of Oxford) and Jonas Tallberg (Stockholm University).
The workshop is organized by ESADEgeo (ESADE Business School’s Center for Global Economy and Geopolitics) and IBEI (Institut Barcelona d’Estudis Internacionals).
We invite abstract proposals from interested scholars from all disciplines. Proposals should not exceed 500 words in length. Preferred format for all submissions is PDF. Please send your proposal as an attachment to firstname.lastname@example.org and insert “Submission: Barcelona Workshop on Global Governance” as the subject line of the message. The deadline for abstracts is 29 September 2014. All proposals will undergo peer review and notifications of acceptance will be sent out by 22 October 2014. Full papers are expected to be delivered by 8 January 2014 for circulation among participants.
Send submissions: email@example.com with Subject: “Submission: Barcelona Workshop on Global Governance”
Deadlines: 29 September, 2014
Notifications of acceptance: 22 October, 2014
Xavier Fernandez‐i‐Marin, ESADEgeo
Jacint Jordana, IBEI
Nico Krisch, IBEI
Angel Saz‐Carranza, ESADEgeo
New Book on EU Accession to the ECHR
In Hart’s Legal Publishing series on Modern Studies in European Law, Vasiliki Kosta, Nikos Skoutaris and Vassilis Tzevelekos have published the edited volume The EU Accession to the ECHR. This wide-ranging volume includes over twenty chapters, a few of which were published in a slightly different form before in the European Journal of Human Rights (see my earlier notification here). Tables of case-law, legislation and treaties render this book accessible for those who search for information on a particular issue, much more than edited volumes normally do. The full table of contents can be found here. This is the abstract:
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies.
In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe.
This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.