The call for papers or posters for the ESIL Vienna Conference on 4-6 September 2014 includes:
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.
The deadline for proposals for papers or posters is 15 January 2014.
ESIL Conference 2014 in Vienna: Call for Papers on «Trade and Investment between International and European Law»
octubre 28, 2013
Richard Teschner, Kleine Stadt, 1903. Österreichische Galerie Belvedere
The call for papers or posters for the ESIL Vienna Conference on 4-6 September 2014 includes:
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.
The deadline for proposals for papers or posters is 15 January 2014.
ESIL Conference 2014 in Vienna: Call for Papers on «National Law as a Generator of International Law»
octubre 28, 2013
Gustave Klimt, Bauerngarten mit Sonnenblumen 1906. Österreichische Galerie Belvedere
The call for papers or posters for the ESIL Vienna Conference on 4-6 September 2014 includes:
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?
The deadline for proposals for papers or posters is 15 January 2014.
ESIL Conference 2014 in Vienna: Call for Papers on International Law as a Generator of National Law
octubre 28, 2013
Gustav Klimt, Allee im Park vor Schloß Kammer 1912. Österreichische Galerie Belvedere
The call for papers or posters for the ESIL Vienna Conference on 4-6 September 2014 includes:
Agora 1: International Law as a Generator of National Law
International law has greatly expanded. Today, almost all spheres of life regulated by law are to some extent pre-determined by international law. Often international law even inspires national legislation that would otherwise possibly not exist at all. In some areas international law may substitute for domestic law. Global Law, Global Governance, Global Administrative Law and International Public Authority discourses debate whether international law or some modification of international law is likely to make domestic law superfluous in some areas or whether it may rather generate more domestic law. This agora is intended to focus on the role of international law in the domestic sphere. What are the quantitative and qualitative features of the influence of international law at the national level? Are the traditional concepts of incorporation/application still adequate? Are states still able to mediate and control the impact of international law? Is domestic social change through international legislation possible? Is it desirable?
The deadline for proposals for papers or posters is 15 January 2014.
ESIL Conference 2014 in Vienna: Call for Papers and Posters
octubre 27, 2013
Gustav Klimt, Kuss, 1907/1908 Österreichische Galerie Belvedere
The call for papers and posters for the ESIL Vienna Conference on 4-6 September 2014 has been published. The programme is magnificent and you can send proposals for papers or posters until 15 January 2014.
“INTERNATIONAL LAW AND …”
Boundaries of International Law and Bridges to Other Fields and DisciplinesInternational law has long been influenced by other fields of law and other disciplines and this conference will explore these influences and the way that they are intertwined. International law may regulate, mostly through treaties, other fields of law such as commercial, employment, family or environmental law; the use of international law is very different in each of these fields and international lawyers may be criminal lawyers, investment arbitrators or administrative law specialists while still considering themselves international lawyers. At the same time, international law needs to be understood in a broader context. The fluctuating content of international law – as a result of its decentralized norm-making process – and the various compliance and enforcement structures – due to the lack or weakness of centralized policing institutions – often require meta-legal reasoning when it comes to explaining the normative quality of international law and to understanding what the law is and why it should be followed. These trends have increased recently and threatened international law with fragmentation through over-specialization. In order to see the whole picture, international lawyers need to understand how international law is distinguished from and linked to other fields and disciplines.
The 2014 ESIL conference in Vienna will explore these interconnections and will also look at whether the boundaries of international law have been crossed, and in what ways. The title ‘International Law and …’ indicates that the focus is both on the interplay between international law and other fields of law and between international law and other disciplines.
The papers and posters will discuss international law and history, feminism, literature, films, sports, technology, et cetera.
Call for Papers: IGILT and University of Tartu
Call for Papers
«The Approaches of Liberal and Illiberal Governments to International Law: A Conference Marking 25 Years since the Collapse of Communist Regimes in Central and Eastern Europe»
The University of Tartu and the European Society of International Law’s Interest Group on International Legal Theory (IGILT) invite submissions that will examine whether liberal (and illiberal) ideas make a difference in the context of international law along three general themes.
The conference will take place on June 12-13, 2014 at the University of Tartu History Museum, featuring keynote talks by José E. Alvarez (NYU) and Gerry Simpson (Melbourne). Due to a generous grant from the European Research Council, successful applicants will receive full scholarships to cover flight and accommodation costs, on the condition that they develop their presentation into an article of publishable quality and that they are ESIL members. Approximately ten articles from the conference will be selected for publication in the 15th volume of the Baltic Yearbook of International Law, which will be edited by Lauri Mälksoo and Ineta Ziemele.
ESIL Lecture de la Profesora Anne Orford en la Sorbonne: Histories of International Law and Empire
abril 1, 2013
La ESIL Lecture de la profesora Anne Orford sobre “Histories of International Law and Empire” está disponible en el website de la ESIL website. En su conferencia, la profesora Orford defiende que «el pensamiento de derecho internacional debe ser anacrónico». Copio el abstract:
ESIL Lecture Series
and
CYCLE DE CONFERENCES SORBONNE-DROIT
Histories of International Law and Empire
Professor Anne Orford
Abstract
There is a growing body of international legal scholarship concerned with the question of whether and how the imperial past is relevant to the internationalist present. The exploration of this question brings international lawyers into conversation with scholars studying similar issues in world history, philosophy, politics, literature, postcolonial studies, critical geography, intellectual history, and political economy. Yet as is often the case with interdisciplinary work, the resulting discussions have been riven by conflicts and territorial disputes over the proper way to interpret, understand, and study particular texts, events, or figures. This lecture addresses some of the methodological challenges that international legal scholars face when we attempt to write histories of international law and empire.
More particularly, this lecture is a defence of the place of anachronism in international legal thinking. The claim that we might want to study the imperial past because of its implications for the present represents an implicit challenge to the approach to the history of political thought that has dominated much Anglophone scholarship over the past forty years. The contextualist Cambridge school of intellectual history has cultivated a sensitivity to anachronism amongst historians of European political thought, particularly that of early modern Europe. Historians influenced by that school argue that past texts must not be approached anachronistically in light of current debates, problems and linguistic usages, or in a search for the development of canonical themes, fundamental concepts, or timeless doctrines. The clear demarcation between past and present that underpins much modern historical research requires that everything must be placed in the context of its time, and present-day questions must not be allowed to distort our interpretation of past events, texts, or concepts. Anachronism is one of the most regularly denounced sins of historical scholarship.
This lecture argues in contrast that international legal thinking is necessarily anachronic – that is, that the operation of modern law is not governed solely by a chronological sense of time, in which events and texts are confined to their proper place in a historical progression from then to now. The past, far from being fixed and immutable, is constantly being retrieved by lawyers as a source or rationalisation of present obligation. Thus while some legal historians identify as historians, and preach against the sin of anachronism, lawyers are and must be sinners in this sense. If the self-imposed task of today’s contextualist historians is to think about concepts in their proper time and place, the task of international legal scholars is to think about how concepts move across time and space.
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The Changing Nature of International Environmental Law: Evolving Approaches of the United States and the European Union
Joint Symposium ASIL/ESIL International Environmental Law Interest Groups
The Graduate Institute – Geneva
Institut de hautes études internationales et du développement | Graduate Institute of International and Development Studies
22-23 November 2013
Call for Papers – Deadline: Friday, 3 May 2013
The International Environmental Law Interest Groups of the American Society of International Law and the European Society of International Law are delighted to announce that their First Joint Symposium will take place on 22-23 November 2013 at the Graduate Institute in Geneva. The Co-Chairs and Convenors of the Interest Groups join in thanking the Graduate Institute of International and Development Studies and our host, Professor Jorge Viñuales, Director of the Programme on Environmental Studies of the Institute’s Centre for International Environmental Studies, for their kind generosity in providing a venue and refreshments for the Symposium.
Symposium Theme
International Environmental Law is not in the same space that it occupied in 1972 when it burst forth on the international agenda with the Stockholm Conference on the Human Environment. For some time we have been witnessing a fundamental shift in the nature of international environmental law (IEL) from both theoretical and practical perspectives. Many reasons might lay behind this shift. For a start, IEL has had to innovate its way around the “sovereignty barrier” – foundational principles and norms of general international law that continue to uphold a state-based system of international politics and law that is often seen as counter-productive to solving global and regional environmental problems. IEL has done this, in part, through science driven norms, non-consensus decision-making, and a focus on promoting compliance rather than labeling action wrongful with a view to invoking state responsibility.
Then too, IEL has experienced “bottom up” influence from developments in national approaches to environmental protection. Increasingly, IEL has adopted of “second generation” national regulatory techniques including the use of markets, flexibility mechanisms, and privatization. In addition, the underlying reality, which IEL is trying to co-ordinate and steer, is changing. The reality of significant environmental impacts associated with global markets and international investment flows appears to call for a more normatively expansive and inclusive approach. The increasing influence of host of non-state actors such as transnational corporations and expert non-governmental organizations raise questions about participation in and the legitimacy of decision-making and compliance processes.
An emerging new approach to IEL ought to enable us to understand the way various types of soft norms and non-state action influence (or not) the behavior states and key actors beyond states. In this context, most pollution and conservation problems need to be addressed outside of the traditional state system, in what is increasingly described as a multi-level governance framework, with various types of actors having an influence how these norms develop and are supervised. Environmental law approaches and methods have become globalized in various ways, not only by states borrowing from other jurisdictions, but also because e.g. multilateral environmental agreements MEA’s harmonize the way environmental governance is done in various jurisdictions. These environmental law principles and approaches not only travel between national jurisdictions but they also migrate between various levels of governance.
At the same time these macro changes have been influencing the nature of IEL, the approaches to and practice of IEL by the United States and European states is also shifting. Due to their environmental footprint, their economic and geopolitical power, and their technological and financial resources, the US and the EU have a critical impact on the world’s environment, as well as a distinctive ability to shape global environmental politics. Meanwhile, and despite common interests, these two elephants are often said to have developed different approaches to IEL. Notwithstanding strong support for early environmental agreements, the US position over the past two decades has been described as one of disengagement and withdrawal, shying away from binding environmental commitments and favouring unilateral and domestic environmental policies. In contrast, Europe is commonly thought to be a consistent supporter of multilateralism and of legally binding environmental agreements. Additionally, the US and the EU have exhibited marked differences in relation to key IEL principles, from precaution to differential treatment.
The aim of the Symposium, then, is twofold. First, it aims to engage in a search for more sophisticated, nuanced and complex approaches to environmental problem solving and underlying theory of IEL based on the changing nature of the field. Following last year’s Rio+ 20 Conference, we are well placed to consider potential paradigm changers, including whether the concept of sustainable development is still the best idea around which to organize legal protection of the global environment; whether alternative concepts/models might be more effective in stopping environmental harm and improving environmental quality; whether the current preoccupation with “implementation” best serves global environmental protection; and whether international law is up to the regulatory challenges posed by continuing world population growth and increasing consumption.
Secondly, the Symposium also seeks to intensify the transatlantic debate about these important questions, as well as to bring experts from various disciplines and backgrounds to discuss cutting-edge research in the field of IEL. As President Obama begins his second term in office, it seems an opportune time to not only consider the changing nature of IEL, but also to revisit and explore anew the nature, the extent, and indeed the reality of this transatlantic divide and its significance for the development of IEL. Do IEL scholars make too much of US/EU divergences? How do these divergences manifest in specific environmental regimes? What role, if any, do academic, scholarly or theoretical traditions play in the perception of the EU/US divide? Has the Obama administration worked to widen or narrow this divide?
Call for Proposals and Abstracts
The Co-Chairs and Convenors cordially invite the submission of proposals and abstracts on the theme of The Changing Nature of International Environmental Law: Evolving Approaches of the United States and the European Union. Papers presented at the Symposium will be selected through a competitive process. The selection process will be based exclusively on the scholarly merit of proposals received and priority will be given to unpublished papers and work in progress. We welcome proposals from practitioners, diplomats, academics and graduate students that are attentive to one or more aspects of the Symposium theme outlined below.
Each submission should include an abstract of the proposed presentation of no more than 700 words in English or French and a short CV in English or French. Applications should be submitted in a WORD or PDF format. They should be emailed to both Alejandra Torres Camprubi (atorrescamprubi@yahoo.es) and Timo Koivurova (timo.koivurova@ulapland.fi). Please indicate “2013 ASIL/ESIL Symposium” in the subject line of the email.
Deadline
The deadline for submission of proposals is Friday, 3 May 2013. The outcome of the selection process will be notified to all applicants by Monday, 3 June 2013. After selection, each presenter will be expected to produce a draft paper by Monday, 2 September 2013 for circulation among the other Symposium participants.
Basic Symposium details
It is anticipated that the Symposium will run for one day and a half. It will commence on Friday, 22 November 2013 at noon and will run until 5.30 pm on the first day. It will conclude on Saturday, 23 November 2013, but the day will be full with a 9.00 am start and a 5.00 pm wrap up.
The organizers envision a total of six panels – two panels on the first day and four panels on the second – with each panel comprised of four presenters. The contours of each panel will be determined based on proposals and abstracts that are accepted.
Publication
We believe that publishers will be interested in publishing the proceedings of the Symposium in an edited volume. The organizers reserve the right to publish the selected papers. Before publication, all papers will be submitted to peer-review.
Inquiries
For all inquiries, please contact Alejandra Torres Camprubi (atorrescamprubi@yahoo.es) and Timo Koivurova (timo.koivurova@ulapland.fi).
Call for papers
Deadline 15 April 2013
The European Society of International Law (ESIL) Interest Group on Business and Human Rights is calling for papers for its panel on 23 May 2013 at the 5th ESIL Research Forum, Amsterdam. Following the overarching theme of the Research Forum, International Law as a Profession, we invite papers addressing contemporary issues in the field of business and human rights which consider practical challenges in this context. Papers may consider (but are not limited to) the following perspectives:
– Advocacy: how can the business and human rights agenda be promoted through lobbying for or against regulation? How does the process of evidence gathering with regard to the lack of corporate compliance with human rights take place? How do practitioners engage with state and non-state actors to move the agenda forward?
– Litigation: how may practitioners take a corporation to court? What are the legal and procedural obstacles in different jurisdictions? What is the future of US litigation after Kiobel? What are the European alternatives?
– Policy and law making: how may international rules in this context be drafted and passed through national and international institutions? Papers considering this dimension may specifically refer to the national implementation and action plans and processes for the Ruggie framework which are currently taking place in various countries.
Please submit a 300 words abstract proposal (Word or pdf format) via email to Dr. Olga Martin-Ortega (O.Martin-Ortega@greenwich.ac.uk) by 15 April 2013. Candidates are requested to include their name and affiliation in the email but not in the abstract itself.
In order to participate in the Interest Group panel speakers need to be members of ESIL. The membership can be formalised once their abstract has been accepted.
Information on the ESIL Interest Group on Business and Human Rights in available here: http://igbusinessandhumanrights.wordpress.com/
Information on the 5th ESIL Research Forum is available here: http://www.esil2013.nl/
En esta página de SSRN se pueden descargar algunos de los trabajos presentados en la 5ta Conferencia Bienal de la European Society of International Law (Valencia 2012). El artículo más descargado hasta ahora es el de Louise Fawcett (Oxford University) sobre el concepto y la historia del regionalismo. A mí me ha interesado mucho el artículo de Philipa Webb (KCL) sobre el desafío regionalista al derecho de las inmunidades jurisdiccionales y el de Liliana Obregón (Universidad de Los Andes) sobre la construcción del regionalismo y derecho internacional latinoamericano. Buena lectura.
aquiescencia 