Call for Papers: The Judicialization of International Relations
The journal International Organization and the IO/IL working group of the Buffett Center for International and Comparative Studies at Northwestern University have issued a call for papers for a workshop on “The Judicialization of International Relations” to take place June 12-13, 2015. Here’s the call:
The Judicialization of International Relations 2015 Workshop
A Workshop Sponsored by International Organization and the IO/IL working group of the Buffett Center for International and Comparative Studies, Northwestern University
Karen J. Alter and Erik Voeten Co-Conveners
Application deadline: December 1, 2014 sent to email@example.com
Workshop date: June 12-13, 2015
The end of the Cold War introduced a new era of international adjudication marked by the proliferation of international courts, an increased use of permanent and ad hoc international adjudicatory mechanisms, a widening of the issue areas that fall under the jurisdiction of adjudicatory bodies, and a rise in the domestic judicial enforcement of international laws, agreements, and court judgments. This workshop examines if and how the increased involvement of domestic and international judicial actors is transforming international relations; a process often referred to as the judicialization of politics.
Our common starting point is the judicialization in international relations via the introduction of a new set of institutions and actors with the authority to interpret and issue binding rulings involving international law. We define adjudicatory bodies broadly to include any institution, domestic or international, so long as it is composed of quasi-independent adjudicators that have the formal authority to issue binding legal determinations. This definition includes arbitral tribunals, ad hoc courts and domestic courts. Judicialization generates the possibility that decision-makers will begin to make decisions in the shadow of potential domestic and/or international judicial review.
The workshop will bring together scholars working on issues such as regional integration, terrorism, investment, trade, human rights, war crimes, law of the sea, the environment and other issue areas where adjudication is increasingly shaping international relations. We invite proposals for papers that make theoretical and/or empirical contributions towards understanding what, if any, effect this increased judicial application of international law has on international politics. Although we will consider papers that examine the causes and varied design of judicialized institutions, our primary interest is in the effects of judicialization in international relations. We especially welcome papers that address the following sets of issues (although we are open to others):
• Studies that examine whether states, international institutions, firms or other nonstate actors act differently in the shadow of adjudication
• Studies comparing politics in non-judicialized to judicialized contexts
• Studies of the impact of judicialization across countries, regions or issue areas
• Studies that analyze whether and when adjudicators are becoming consequential creators of international law
• Examinations of the potential counter-responses to the increased authority of judicial institutions. For example, how and when do state actors successfully seek to influence adjudicators or otherwise reduce their jurisdiction or authority?
• Analyses of whether international law differentially influences states depending on how much authority domestic judicial bodies have to utilize international law.
• Inquiries into the larger theoretical implications of the emergence of these judicial actors.
• Studies that provide generalizable insight into the practices, processes, politics and decision-making of adjudicatory bodies that have an international or transnational jurisdiction.
Application and Workshop Logistics
The ultimate goal of this workshop is to improve scholarly papers that might some day be published in International Organization. Interested participants should submit a paper proposal of no more than 500 words, and the name, institutional affiliation and contact information of the author(s) to firstname.lastname@example.org. Selected participants will be notified by January 10 and invited to attend a two-day workshop to be held at Northwestern University June 12-13, 2015, where IO editors and participants will discuss each paper.
A paper of no more than 14,000 words is required in advance of the workshop, and all participants will be asked to write a review that provides feedback on at least one workshop paper. Travel expenses, economy class, and lodging for at least one author will be reimbursed by International Organization.
Questions can be addressed to Erik Voeten (email@example.com) and Karen Alter (firstname.lastname@example.org)
Bartels: Jurisdiction and Applicable Law in the WTO
Lorand Bartels (Univ. of Cambridge – Law) has posted Jurisdiction and Applicable Law in the WTO. Here’s the abstract:
This paper considers the law applicable by WTO panels and the Appellate Body in dispute settlement proceedings. It looks at several discrete legal questions in which the question of the applicable law arises: questions concerning the proper establishment of a panel; questions concerning preconditions to the exercise of jurisdiction by a panel; questions concerning the application and (which is different) the applicability of rules of law to the facts of a matter. In each case the paper considers the law at issue, the law applicable to questions about that law, and the competence of WTO panels and the Appellate Body and (where relevant) the Dispute Settlement Body, to apply that law in answering these questions.
Posner: The Twilight of Human Rights Law
Eric A. Posner (Univ. of Chicago – Law) has published The Twilight of Human Rights Law (Oxford Univ. Press 2014). Here’s the abstract:
Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it’s not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures.
In The Twilight of Human Rights Law–the newest addition to Oxford’s highly acclaimed Inalienable Rights series edited by Geoffrey Stone–the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world’s failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility–paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights.
Conference: Canadian Council on International Law 2014 Annual Conference
The 43rd Annual Conference of the Canadian Council on International Law will take place November 13-15, 2014, in Ottawa. The theme is “Combustion: Energy, Resources and Environmental Issues Igniting International Law.” The preliminary program is here. Here’s the idea:
At a time when environmental degradation and the supply of energy are of increasing global concern, international law provides an opportunity for rules-based multilateralism. What is the role of international law in the promotion of sustainable development and corporate social responsibility? Is international law an influential tool to address climate change? What lessons can be gleaned from twenty years of arbitration under the North American Free Trade Agreement and Energy Charter Treaty?
The 2014 Annual Conference will explore the role of international law in global energy transactions, resource extraction and environmental issues. In particular, it will foster discussion of the international economic, humanitarian, and human rights facets of this theme. Topics will include but are not limited to the arbitration of mining and energy disputes, the role of the private sector in sustainable development, civil and criminal liability in the extractive industries, and the illegal wildlife trade. Confirmed speakers include representatives from the International Centre for the Settlement of Investment Disputes, various UN agencies, and leading global law firms.
Wang: International Investment Law: A Chinese Perspective
Guiguo Wang (City Univ. of Hong Kong – Law) has published International Investment Law: A Chinese Perspective (Routledge 2014). Here’s the abstract:
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI.
This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system.