Últimas Actualizaciones del Evento

Supreme Court Holds That Alien Tort Statute Does Not Apply to Conduct in Foreign Countries

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In a ruling that is likely to result in a significant reduction in international human rights litigation in U.S. courts, the Supreme Court has held that claims will generally not be allowed under the Alien Tort Statute (ATS) if they concern conduct occurring in the territory of a foreign sovereign. The Court in Kiobel v. Royal Dutch Petroleum Co. invoked the “presumption against extraterritoriality” and reasoned that “the principles underlying th[is] canon of interpretation similarly constrain courts considering causes of action that may be brought under the ATS.” The Court concluded that nothing in the text, history, or purposes of the ATS is sufficient to overcome the presumption. This Insight describes the background of the decision and the central points addressed by the Court. Leer el resto de esta entrada »


Echandi & Sauvé: Prospects in International Investment Law and Policy

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Roberto Echandi (World Bank) & Pierre Sauvé (World Trade Institute) have published Prospects in International Investment Law and Policy (Cambridge Univ. Press 2013). The table of contents is here. Here’s the abstract:

The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy.

It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

Source: International Law Reporter

Call for Papers: Opinio Juris New Voices Symposium

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The Opinio Juris blog has issued a call for papers for a New Voices Symposium. Here’s the call:

Opinio Juris is calling for abstracts for their New Voices Symposium, starting in July. Submissions are invited on any topic of international law from LL.M., Ph.D., and S.J.D. students as well as those in the early stages of their careers (e.g., post-docs, junior academics or early career practitioners within the first five years of finishing their final degree), anywhere in the world.

If interested, please send a 200-word summary of your idea and your CV to opiniojurisblog [at] gmail [dot] com by May 1, 2013. Selection decisions will be made by mid-May. Final submissions between 1000-1500 words will be required two weeks before publication for review, so at the earliest by mid-June.
More information is here.

Source: International Law Reporter

Schwöbel: The Comfort of International Criminal Law

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Christine E.J. Schwöbel (Univ. of Liverpool – Law) has posted The Comfort of International Criminal Law (Law and Critique, forthcoming). Here’s the abstract:

This paper examines the changing relationship between the disciplines of international criminal law (ICL) and international human rights law; I particularly focus on the associations of the former with comfort and the latter with discomfort. It appears that a shift may be taking place in that ICL is being refashioned from a field enforcing human rights law to one which has assumed an entirely independent status. Indeed, ICL appears to be crowding out international human rights law. The inquiry begins with the question whether ICL is becoming the preferred discursive framework for practitioners, academics, and politicians.

A contemporary desire for certainty over contention, action over discourse, and simplicity over complexity is revealed; in short, a preference for comfort over discomfort. The second half of the paper is dedicated to highlighting some of the concerns attached to this preference and suggesting possible techniques for addressing these concerns. Employing the idea of ‘discomfort’, I refer to the relevance of (a) Michel Foucault’s Ethics of Discomfort, (b) Judith Butler’s idea of the Language of Discomfort, and (c) draw on Franz Kafka’s literary exploration of the Comfort in Discomfort. The ideas culminate in an invitation to relearn the comfort in discomfort of contention, discourse and complexity in international law.

Source: International Law Reporter

Classifying norms as ‘Jus cogens’: Mere rhetoric? Or actually useful?

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Over the past three months, I’ve been working with a friend to develop prosecution strategies for sexual violence in wartime, by drawing upon jurisprudence from the ICTY, the ICTR and the ICC. We’ve been surveying extracts from case laws, scholarly articles and books. There is copious material through written judgments and statutory provision that speaks tremendously of how sexual violence falls on the wrong side of law as being a constituent crime of ‘war crimes’, ‘genocide’, ‘crimes against humanity’ and ‘torture’. But what caught my eye was an interesting theory I chanced upon: on how the prohibition on sexual violence could be bracketed under the ambit of jus cogens.

Jus cogens norms are those from which no derogation shall be permitted, much less tolerated. There is no clear agreement as regards precisely which norms are jus cogens, nor how a norm reaches that status, but it is a generally accepted notion that jus cogens includes the prohibition of genocide, maritime piracy, slavery, torture, the prohibition of the use of force and the threat to use force, and wars of aggression and territorial aggrandizement. The most famous jus cogens norm is the prohibition of the use of force, and the threat to use force in international relations, a rule that is both crystallized in treaty law and in Judicial opinion. Leer el resto de esta entrada »

Call for Abstracts: Colloquium on Environmental Scholarship

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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?

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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 »