agosto 29, 2014
Oxford Public International Law has published a quiz to celebrate the start of the tenth anniversary ESIL Conference on Thursday 4 September in Vienna. Here is the quiz. It is fun, and not easy at all. Hope to see many of you in Vienna for the Conference next week.
Oxford Public International Law ha publicado un juego de once preguntas sobre ciudades y derecho internacional con ocasión del comienzo de la décima conferencia de la ESIL el próximo jueves 4 de septiembre en Viena. Aquí está el quiz. Es divertido, y nada fácil. Espero ver a muchos lectores del blog en la conferencia la próxima semana.
Agora 7: International law and History: The Return of the Past?
International law has developed a distinctively historical and historiographic turn in the last 15 years, rediscovering a historical approach to the study of international law and international lawyers which had largely faded from view since 1945. In part it has been revitalized by a renewed preoccupation with understanding the political and normative foundations of international law, its relationship with empire and colonialism, and as part of the search for clues about the origins of the present. But it has also been revitalized by the resurgence of intellectual history, postcolonial history and international history, which are reinvigorating the study of ‘classical’ figures in international political and legal thought, and trying to understand the origins of the political, social and economic foundations of the contemporary international legal order. Along with groundbreaking work in the history of international law in general, recent years have seen new studies in the history of the laws of war, renovations of the legal thought of classical figures such as Gentili and Vattel, and new histories of international institutions such as the League of Nations.
This agora will bring together intellectual historians, historians of law and historians of international thought to consider the ways in which new research into the history of international law is changing our understanding of past and present.
Agora 6: International law and Feminism: Anything New Under the Sun?
In the 1990s an intense debate on feminism and international law started to permeate journals and learned societies. Core concepts of international law were critiqued and de-constructed from a feminist perspective. Most recently, the ILA re-established a committee on ‘Feminism and International Law’ in 2010 focusing on the economic empowerment of women and the possible contribution of international law. Other initiatives, like the journal ‘Feminist Legal Studies’, continue; others were recently revived, such as the ‘IntLawGrrls’ blog.
Feminist methodological approaches to international law include the detection of silences in the law and the question of how to respond to the many (cultural, linguistic, religious, ethnic, economic) differences among women. Feminist international lawyers have added to the understanding of international law in various ways, e.g. through a feminist perspective on international criminal law and on women in armed conflicts.
These issues will be discussed in this agora, including questions such as: What is the current status of the debate? Is there still momentum in international law and feminism? What are the fields where international law and feminism might best contribute to the development of international law?
octubre 30, 2013
Agora 5: International Law and Literature
Law and literature has become an established research interest and has found its way into a number of law school curricula. Obviously both academic fields are primarily about the interpretation of texts. But there are many other overlaps between the two fields, from lawyers turning novelists to novelists pushing legal change. However, international law seems to have been rather on the fringe of these developments. Even so, issues central to international law have been reflected in literature (e.g. terrorism, from Joseph Conrad’s 1907 novel ‘The Secret Agent’ to the 2006 book ‘Terrorist’ by John Updike). Though more rarely, international lawyers have even become protagonists in literature like Frederic Martens in Jan Kross’ 1984 novel ‘Professor Martens’ Departure’, depicting the 19th century international lawyer already torn between apology and utopia. Conversely, international lawyers have taken a closer look at literature and studied the reflection of international law in Shakespeare’s plays like Theodor Meron in his 1994 study on ‘Henry’s Wars and Shakespeare’s Laws’ followed by his 1998 book ‘Bloody Constraint: War and Chivalry in Shakespeare’.
Building on this interest of international lawyers in literature, this agora will address general issues: Is there anything that law and literature can learn from each other? Is there a deeper overlap in the methodology? How would a lawyer cope with the prevailing subjectivist approach to art? Can writers adapt to the stringent interpretative canons of (international) lawyers? To what extent should lawyers draw on the methodology developed in the context of literary studies, e.g. as regards text analysis or interpretation?
Agora 4: International Law and Economics
‘Law and economics’ has become an established branch of interdisciplinary research. Many fields of the law have been analyzed from a ‘law and economics’ perspective (assuming rational behaviour and using economic tools) and also from a ‘behavioural law and economics’ perspective (a joint enterprise between economists and psychologists). However, international law appears to have been analyzed to a lesser extent although it is an especially interesting topic due to the missing centralized enforcement power. It thus appears worthwhile to investigate whether ‘(behavioural) law and economics’ approaches could be applied more widely to core issues of international law ranging from treaty negotiation to treaty compliance, the development of customary law, the design of international institutions, international dispute settlement, and so on.
This agora welcomes all contributions on international law using a (behavioural) economics approach, including empirical studies on international law.
ESIL Conference 2014 in Vienna: Call for Papers on “Trade and Investment between International and European Law”
octubre 28, 2013
Agora 3: Trade and Investment between International and European Law
Trade and investment are core issues at the crossroads of international and European law. The EU has gradually expanded its trade competences and succeeded into its member states’ position in global trade arrangements like the GATT and other WTO agreements. Most recently, the take-over of member state powers in the field of concluding investment treaties with third parties has led to contested new external powers of the EU. Trade and investment issues are meanwhile litigated before a multiplicity of fora, such as the WTO dispute settlement system, regional trade agreements, the Court of Justice of the EU, investment arbitration tribunals as well as national courts. Host states invoke EU law as a defence in investment cases and traders try to rely on international law before regional and national courts.
This agora will analyze the frictions and bridges between the global and the regional, between international and European law, in regulating common problems at different levels. It will also focus on the role of international law in the European legal order addressing trade and investment disputes and vice versa.
ESIL Conference 2014 in Vienna: Call for Papers on “National Law as a Generator of International Law”
octubre 28, 2013
Agora 2: National Law as a Generator of International Law
National law, both statutory and case-law, can influence international law in many ways. National law may serve as a template for treaties or lead to the development of customary law and, most importantly, national law may evidence general principles of law. Classic examples are the impact of the US Foreign Corrupt Practices Act on the OECD Anti-Bribery Convention or the Truman Proclamation’s influence on the customary international law of the continental shelf. A particularly fascinating role is played by domestic courts; their jurisprudence may take on a special law-making role as relevant state practice and, often at the same time, as opinio iuris evident in many immunity and extraterritorial jurisdiction cases.
This agora will address the various ways that national law and jurisprudence influence international law. What is the particular role of domestic courts? Does this role depend on national traditions? Is it shaped by transnational judicial dialogue or are courts in different states acting as isolated agents? How have international courts incorporated national law or national law concepts in their reasoning? How do international courts and tribunals ‘select’ the domestic case law on a particular matter?