{"title":"Jochen von Bernstorff, Review of Ntina Tzouvala, Capitalism as Civilization: A History of International Law","authors":"Jochen von Bernstorff","doi":"10.1093/ejil/chad031","DOIUrl":"https://doi.org/10.1093/ejil/chad031","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48657827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Treaty-making often occurs through the reuse of existing legal solutions. Instead of creating new language, drafters often replicate past treaty wording in the instrument under negotiation. The Draft Articles on Prevention and Punishment of Crimes against Humanity (DACaH), formulated by the International Law Commission (ILC or the Commission), were an example. This article evaluates the ILC’s reliance on past treaty language to produce the DACaH. In addition to assessing some contextual reasons why, and the manner in which, the Commission used such a drafting approach, this article notes that, given its mandate as an expert body subsidiary to the United Nations General Assembly, the ILC may face specific challenges while using this technique. Taking the DACaH as a case study, the article also explores some pragmatic and normative considerations that may motivate or impact the replication of past treaty language in international law-making. In conclusion, the ILC’s reliance on existing treaty wording to craft the DACaH was deeply consequential as it was part of the Commission’s broader goal of placating states via the adoption of an effective, but minimalist and conformist, set of draft articles with greater chances of becoming a widely adhered to treaty.
{"title":"The Future in the Past? The Replication of Existing Treaty Language in the Making of the ILC’s Draft Articles on Crimes against Humanity","authors":"Bruno Biazatti","doi":"10.1093/ejil/chad024","DOIUrl":"https://doi.org/10.1093/ejil/chad024","url":null,"abstract":"Abstract Treaty-making often occurs through the reuse of existing legal solutions. Instead of creating new language, drafters often replicate past treaty wording in the instrument under negotiation. The Draft Articles on Prevention and Punishment of Crimes against Humanity (DACaH), formulated by the International Law Commission (ILC or the Commission), were an example. This article evaluates the ILC’s reliance on past treaty language to produce the DACaH. In addition to assessing some contextual reasons why, and the manner in which, the Commission used such a drafting approach, this article notes that, given its mandate as an expert body subsidiary to the United Nations General Assembly, the ILC may face specific challenges while using this technique. Taking the DACaH as a case study, the article also explores some pragmatic and normative considerations that may motivate or impact the replication of past treaty language in international law-making. In conclusion, the ILC’s reliance on existing treaty wording to craft the DACaH was deeply consequential as it was part of the Commission’s broader goal of placating states via the adoption of an effective, but minimalist and conformist, set of draft articles with greater chances of becoming a widely adhered to treaty.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134992636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Last Page","authors":"","doi":"10.1093/ejil/chad027","DOIUrl":"https://doi.org/10.1093/ejil/chad027","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"403 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135383169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Remarks at the Welcome Reception of the 17th ESIL Annual Conference","authors":"A. Soons","doi":"10.1093/ejil/chad012","DOIUrl":"https://doi.org/10.1093/ejil/chad012","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42147676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Taking on this Symposium’s invitation to rethink international organizations law by focusing on scholars and practitioners outside the mainstream, this article explores and evaluates the legacy of Anne-Marie Leroy, the World Bank General Counsel from 2009 to 2016. In her attempt to trade the formal, rigid language of law for the deformalized routine of risk management – described as a ‘paradigm shift’ from ‘rules to principles’ – Leroy could be portrayed as an antipode to those who developed or nurtured the discipline of international organizations law. Yet it is precisely by focusing on figures working outside (and against) the diagrams of the discipline that we can gain a critical perspective on the evolving life of law in international institutions. The article specifically focuses on how Leroy’s paradigm shift sought to bypass, manage, and overcome problems of operational expansion and institutional accountability to the outside world – perhaps the two frontiers where the conceptual normative confidence of mainstream, functionalist approaches most manifestly hit their limits. In both domains, the article shows, the principled (occasionally prohibitive) posture of liberal legalism instilled by some of Leroy’s predecessors had to be traded for an attitude of ‘agility’ and enhanced ‘risk appetite’. This article traces these changes in the professional sensibility and material practice of international law(yering) and critically evaluates the ‘new normative architecture’ of ‘risk’ that underpins it. It is by dwelling in this disjunction between familiar doctrinal dilemmas and mundane material practices of lawyering – a space teeming with unexpected rules and routines – that a critical reinvigoration, reorientation, and re-theorization of international organizations law can emerge.
{"title":"Deformalizing International Organizations Law: The Risk Appetite of Anne-Marie Leroy","authors":"Dimitri Van Den Meerssche","doi":"10.1093/ejil/chad010","DOIUrl":"https://doi.org/10.1093/ejil/chad010","url":null,"abstract":"\u0000 Taking on this Symposium’s invitation to rethink international organizations law by focusing on scholars and practitioners outside the mainstream, this article explores and evaluates the legacy of Anne-Marie Leroy, the World Bank General Counsel from 2009 to 2016. In her attempt to trade the formal, rigid language of law for the deformalized routine of risk management – described as a ‘paradigm shift’ from ‘rules to principles’ – Leroy could be portrayed as an antipode to those who developed or nurtured the discipline of international organizations law. Yet it is precisely by focusing on figures working outside (and against) the diagrams of the discipline that we can gain a critical perspective on the evolving life of law in international institutions. The article specifically focuses on how Leroy’s paradigm shift sought to bypass, manage, and overcome problems of operational expansion and institutional accountability to the outside world – perhaps the two frontiers where the conceptual normative confidence of mainstream, functionalist approaches most manifestly hit their limits. In both domains, the article shows, the principled (occasionally prohibitive) posture of liberal legalism instilled by some of Leroy’s predecessors had to be traded for an attitude of ‘agility’ and enhanced ‘risk appetite’. This article traces these changes in the professional sensibility and material practice of international law(yering) and critically evaluates the ‘new normative architecture’ of ‘risk’ that underpins it. It is by dwelling in this disjunction between familiar doctrinal dilemmas and mundane material practices of lawyering – a space teeming with unexpected rules and routines – that a critical reinvigoration, reorientation, and re-theorization of international organizations law can emerge.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44844949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Hidden Gems in International Organizations Law – A Brief Introduction","authors":"D. Hovell, J. Klabbers, G. Sinclair","doi":"10.1093/ejil/chad004","DOIUrl":"https://doi.org/10.1093/ejil/chad004","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46208374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
After so many decades since the emergence of international organizations, the question of their international legal status – the terms on which they participate in the international legal system – remains the subject of debate. Among all the scholars that have contributed to this debate, Finn Seyersted stands out for having offered a forward-looking, sophisticated and uncompromising account of what international organizations are under general international law and of what international rights, obligations and capacities they consequently possess. Yet Seyersted is perceived as a left-field scholar with a bee in his bonnet. His work is often name-checked but rarely engaged with properly. This article highlights Seyersted’s invaluable contribution to the theory of international organizations, which has the merit, among others, of having sensed the direction in which international practice was going. It also ponders how Seyersted’s relative lack of success in becoming a more influential scholar can be viewed as a cautionary tale, for there are empirical, conceptual and normative challenges in the quest for international legal status that his work was not able to meet.
{"title":"The Quest for International Legal Status: On Finn Seyersted and the Challenges of Theorizing International Organizations Law","authors":"Fernando Lusa Bordin","doi":"10.1093/ejil/chad008","DOIUrl":"https://doi.org/10.1093/ejil/chad008","url":null,"abstract":"\u0000 After so many decades since the emergence of international organizations, the question of their international legal status – the terms on which they participate in the international legal system – remains the subject of debate. Among all the scholars that have contributed to this debate, Finn Seyersted stands out for having offered a forward-looking, sophisticated and uncompromising account of what international organizations are under general international law and of what international rights, obligations and capacities they consequently possess. Yet Seyersted is perceived as a left-field scholar with a bee in his bonnet. His work is often name-checked but rarely engaged with properly. This article highlights Seyersted’s invaluable contribution to the theory of international organizations, which has the merit, among others, of having sensed the direction in which international practice was going. It also ponders how Seyersted’s relative lack of success in becoming a more influential scholar can be viewed as a cautionary tale, for there are empirical, conceptual and normative challenges in the quest for international legal status that his work was not able to meet.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43100821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Matthias Goldmann, Review of Bénédicte Savoy, Afrikas Kampf um seine Kunst. Geschichte einer postkolonialen Niederlage [Africa’s Fight for Its Cultural Heritage: History of a Postcolonial Defeat]","authors":"Matthias Goldmann","doi":"10.1093/ejil/chad007","DOIUrl":"https://doi.org/10.1093/ejil/chad007","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48768407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
For those on the ground, conflict brings about devastation and displacement. For foreign investors who frequently seek commercial opportunities far and wide, conflict is not just a fellow traveller but also a crucial element of the environment in which international investment law was conceived and later took shape. This review essay seeks to uncover some of the fundamental and overarching themes underpinning the relationships between foreign corporations, states and local communities in times of conflict. By focusing on the distinct roles played by the corporation in situations of conflict – as a victim, contributor, beneficiary, perpetrator and accomplice – the essay aims to cast light on international law’s troublesome origins, biases and complicities and to highlight a growing concern over the enduring lack of effective avenues for corporate accountability.
{"title":"Greed and Grievance: Corporations, States and International Investment Law in Times of Conflict","authors":"M. Sattorova","doi":"10.1093/ejil/chad003","DOIUrl":"https://doi.org/10.1093/ejil/chad003","url":null,"abstract":"\u0000 For those on the ground, conflict brings about devastation and displacement. For foreign investors who frequently seek commercial opportunities far and wide, conflict is not just a fellow traveller but also a crucial element of the environment in which international investment law was conceived and later took shape. This review essay seeks to uncover some of the fundamental and overarching themes underpinning the relationships between foreign corporations, states and local communities in times of conflict. By focusing on the distinct roles played by the corporation in situations of conflict – as a victim, contributor, beneficiary, perpetrator and accomplice – the essay aims to cast light on international law’s troublesome origins, biases and complicities and to highlight a growing concern over the enduring lack of effective avenues for corporate accountability.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41925332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article provides a new example of a ‘fresh look at an old case’. It examines the 2005 Commission v. United Kingdom case in light of a study conducted using the Historical Archives of the European Union. The historical holdings contain many travaux préparatoires of the Treaty Establishing the European Atomic Community. These documents can be very useful for reconstructing the drafting history of the founding treaties and developing a historical interpretation of their provisions. In Commission v. United Kingdom, the same parties that participated in the negotiation process relied on these travaux préparatoires, and the Court of Justice of the European Union itself engaged in a historical interpretation of the provisions at stake. Taking this case as an example, this article delves into questions pertaining to the use of travaux préparatoires as a means of interpretation and the respective role of judge and historians in performing the task of shedding light on the original will of the contracting parties and on the historical context in which this will was shaped.
{"title":"A Fresh Look at the 2005 Commission v. United Kingdom Judgment in Light of the Euratom Treaty’s Drafting History","authors":"Sarah Lattanzi","doi":"10.1093/ejil/chad001","DOIUrl":"https://doi.org/10.1093/ejil/chad001","url":null,"abstract":"\u0000 This article provides a new example of a ‘fresh look at an old case’. It examines the 2005 Commission v. United Kingdom case in light of a study conducted using the Historical Archives of the European Union. The historical holdings contain many travaux préparatoires of the Treaty Establishing the European Atomic Community. These documents can be very useful for reconstructing the drafting history of the founding treaties and developing a historical interpretation of their provisions. In Commission v. United Kingdom, the same parties that participated in the negotiation process relied on these travaux préparatoires, and the Court of Justice of the European Union itself engaged in a historical interpretation of the provisions at stake. Taking this case as an example, this article delves into questions pertaining to the use of travaux préparatoires as a means of interpretation and the respective role of judge and historians in performing the task of shedding light on the original will of the contracting parties and on the historical context in which this will was shaped.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45810978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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