Fourth Annual Colloquium on Environmental Scholarship
at Vermont Law School
on October 11, 2013
Deadline for submitting abstracts: June 1, 2013
Vermont Law School will host its Fourth Annual Colloquium on Environmental Scholarship on October 11, 2013. The Colloquium offers the opportunity for environmental law scholars to present their works-in-progress and recent scholarship, to get feedback from their colleagues, and to meet and interact with those who are also teaching and researching in the environmental and natural resources law area.
If you are interested in presenting a paper at the Colloquium, please submit a working title and short abstract, using the online form here, no later than June 1, 2013. For an abstract to be eligible for submission, the author must anticipate that the paper will still be at a revisable stage (neither published nor so close to publication that significant changes are not feasible) by the date of the Colloquium. We will do our best to include all interested presenters, and will notify authors about acceptances no later than July 2013. Leer el resto de esta entrada »
van den Driest: Remedial Secession: A Right to External Self-Determination as a Remedy to Serious Injustices?
Simone van den Driest (Tilburg Univ. – Law) has published Remedial Secession: A Right to External Self-Determination as a Remedy to Serious Injustices? (Intersentia 2013). Here’s the abstract:
It is increasingly often suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise in case of serious injustices suffered by a people. In those extreme circumstances, an alleged right to unilateral secession operates as an ultimum remedium. While such a right to remedial secession may well be morally desirable, the question is to what extent it has actually emerged under contemporary international law.
The right to self-determination of peoples is generally considered to be one of the most fundamental norms in international law. Outside the context of decolonization, the right to self-determination is a continuous right, which is to be exercised primarily within the framework of an existing State. In contrast to this internal dimension of self-determination, claims to external self-determination beyond decolonization are much more controversial, primarily due to their relation with the principle of territorial integrity of States and the fear of the international community to create disrupting precedents. Leer el resto de esta entrada »
The late Ronald Dworkin (New York Univ. – Law) has published posthumously A New Philosophy for International Law (Philosophy & Public Affairs, Vol. 41, no. 1, p. 2, Winter 2013). Here’s an excerpt:
When I was last instructed in international law—at Oxford in the 1950s—the ﬁrst and most lively question, bound to appear on the examination paper together with tedious questions about navigable bays, was existential. Is there any such thing as international law? Or does the subject we were being asked to study actually not exist? Is what some academics and state department ofﬁcials call international law not law at all but only common practices that no state is really legally bound to continue practicing?
You may well ask: Why does this matter? Isn’t the only important point really whether there are rules that nations do follow in their dealings with one another? And that nations join in criticizing and if possible punishing other nations that do not follow those rules? Does it really matter whether we call these rules “law”? Or whether we say, instead, that in certain ways they are like the rules of more familiar national legal systems? Leer el resto de esta entrada »
The propensity for the disappearance of a state or the sinking of an island is a rather dangerous impact of climate change on human society. While on the one hand they create humanitarian crises of enormous proportions, they also create massive legal debates that strike the root of the rules concerning the creation, existence and extinction of states from the standpoint of international law. While the existence or extinction of a state have come into question only in the wake of incidents such as mergers, secession and disintegration on paper, this is the first time in the history of international law that the loss of territory in the literal sense is shaking the roots of statehood.
Statehood in international law has four criteria: defined territory, permanent population, effective government, and the capacity to enter into relations with other States. In principle, it may seem that all four criteria are necessary for a state to be deemed to be in “existence”, but in reality, the absence of all four does not necessarily have to imply that a state is no longer in existence. Although this may seem to be an absurd conclusion, it comes from the fact that international law follows a strong presumption in favour of the continuity of states in international law. Consequently, it is possible that a state can continue to exist despite the absence of complete fulfilment of all the formal prerequisites of statehood. Leer el resto de esta entrada »
The following titles have been published in the Ashgate Law and Legal Studies series:
The Ashgate Research Companion to Migration Law, Theory and Policy
The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations. Leer el resto de esta entrada »
Jure Vidmar (Univ. of Oxford – Law) has posted Palestine and the Conceptual Problem of Implicit Statehood (Chinese Journal of International Law, forthcoming). Here’s the abstract:
The General Assembly has accorded to Palestine the status of a non-member observer state in the UN. Some commentators have taken the position that Palestine’s legal status as a state has thus been confirmed. This article draws on historical examples to demonstrate that the status of non-member state is not necessarily granted only to states. The recent vote in the General Assembly, therefore, neither confirmed nor altered the legal status of Palestine.
But irrespective of this vote, Palestine nevertheless has a previously-acquired international capacity to act like a state and can, inter alia, become a party to the ICC Statute and bring a case to the ICJ. Such a capacity could be seen as an implicit confirmation of statehood. This article, however, demonstrates that state creation cannot be an implicit side-effect of international treaties or voting procedures in international organizations. Not even (full) membership of the UN is an exception.
Source: International Law Reporter