International Law And... : Select Proceedings of the European Society of International Law, Vol 5, 2014

"The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and ... ', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways."--Bloomsbury Publishing Foreword Table of Contents Introduction Part I: International Law and Human Rights Adjudication 1 Judicial Engagement in International Human Rights Comparativism I. Introduction II. The Object of Engagement III. The Partners of Engagement IV. The Practice of Engagement V. Methodology of Engagement VI. Normative Reasons for Engagement VII. Scope and Limits of Engagement VIII. Conclusion 2 Jurisprudential Dialogue in Supranational Human Rights Litigation in Africa I. Introduction II. Judicial Dialogue III. African Commission on Human and Peoples" Rights IV. African Court on Human and Peoples" Rights V. ECOWAS Community Court of Justice VI. East African Court of Justice VII. Impact of Supranational Human Rights Litigation at the National Level VIII. Africa in the Global Human Rights Dialogue IX. Conclusion 3 Human Rights Adjudication as Transnational Adjudication: A Peripheral Case of Domestic Courts as International Law Adjudicators I. Introduction II. International Law Adjudication by Domestic Courts III. The Puzzle of International Human Rights Adjudication by Domestic Courts IV. The Specific Features of International Human Rights Law Adjudication V. Domestic and International Human Rights Adjudication as Transnational Adjudication VI. Conclusions 4 A New Doctrine on the Block? The European Court of Human Rights and the Responsible Courts Doctrine I. Introduction II. The European Court of Human Rights and the Standards of Judicial Review: Between Purposive Interpretation and Margin of Appreciation III. Responsible Courts Doctrine: A New Standard of Review in the Making? IV. Responsible Courts Doctrine: Yet Another Form of Margin of Appreciation? V. Is the Responsible Courts Doctrine Feasible and Desirable? VI. Conclusion Part II: International Law and National Law 5 International Law through the National Prism: The Role of Domestic Law and Jurisprudence in Shaping International Investment Law I. Introduction II. Normative Overlap between Domestic and International Foreign Investment Law III. Legal Bases for Referring to Domestic Law and Jurisprudence IV. Reference to Domestic Law and Jurisprudence: Examples, Reasons and Obstacles V. Conclusion 6 National Case Law as a Generator of International Refugee Law: Rectifying an Imbalance within the UNHCR Guidelines on International Protection I. Introduction II. Reference to National and International Case Law within UNHCR Guidelines III. Transnational Judicial Dialogues IV. UNHCR Background Notes/Papers V. Conclusion 7 National Law as an Unpredictable Generator of International Law: The Case of Norm Export at the World Trade Organization I. Introduction II. Introducing the Process of Norm Export III. Safeguard Measures IV. Conclusion 8 International Investment Agreements and Good Governance: Norm and Institutional Design, Internalisation and Domestic Rule-making I. Introduction II. Investment Treaty Law and its Capacity to Foster Good Governance in Host States III. Some Insights into Emerging Empirical Evidence on the Patterns of Internalisation of Investment Treaty Prescriptions in Host Governments IV. The Varying Impact of Investment Treaty Remedies: On Forms of Impact and the Role of Domestic Actors in Shaping It V. Conclusion PART III: INTERNATIONAL LAW AND TRADEAND INVESTMENT 9 Investment Law at the Crossroads of Public and Private International Law I. Introduction II. The Public Interest in International Investment Law III. Who are the Appropriate Guardians of the Public Interest (States, International Organisations or NGOs)? IV. "Shared Responsibility": Stopping the Irresponsibility Carousel for the Protection of Public Interests in International Investment Law V. Contract, Governance, or a "Public-Private Partnership" Lens? Methodological Consequences in International Investment Law VI. Conclusion 10 The Forced Co-Existence of Trade and Investment Provisions in Preferential Trade and Investment Agreements and the Regulatory Architecture of the Systems of Trade and Investment Law I. Introduction II. Preferential Trade and Investment Agreements and the New Generation of International Investment Treaties III. Interpretation of Similar Trade and Investment Provisions IV. The Perspective of Convergence between Trade and Investment Governance V. Conclusion 11 The Shared Responsibility of the EU for Member States" Financial Crisis Measures as a Defence in International Investment Claims I. Introduction II. Specific EU Member States" Financial Crisis Measures as a Case Study III. The Involvement of EU Institutions in Specific Member States" Financial Crisis Measures IV. Attributing the Conduct of EU Institutions Regarding Specific Member States" Financial Crisis Measures to the EU as an International Organisation V. Scenarios of the EU"s Shared Responsibility in Connection with Specific Measures Taken by Greece and Cyprus under their Structural Adjustment Programmes VI. The EU"s Shared Responsibility Invoked as a Defence: Navigating between the Admissibility and Merits of Investment Claims VII. Conclusion PART IV: INTERNATIONAL LAW ANDINTERNATIONAL RELATIONS 12 Subsequent Treaty Practice: The Work of the International Law Commission I. Introduction II. Evolutive Interpretation and the International Law Commission Project on Subsequent Practice III. The Draft Conclusions 2014 IV. Conclusion 13 A Gap, a Map, and an Intellectual Trap: Changing Conceptions of Regime Interaction and of Interdisciplinarity I. Introduction II. Regime Interaction in International Law and International Relations Scholarship III. Toward a New Understanding of Regime Interactions IV. Toward an Interdisciplinary Research Agenda on Regime Interactions V. Conclusions PART V: INTERNATIONAL LAWAND NEW TECHNOLOGIES 14 The Challenges Posed by Cyber-Attacks to the Law on Self-Defence I. Introduction II. The Difficult Attribution of a Cyber-Attack III. The Qualification of a Cyber-Attack as an Armed Attack IV. The Inappropriate Law on Self-Defence in Response to Cyber-Attacks V. Conclusion 15 "Culturomics" and International Law Research 1. Introduction II. "Culturomics" and the Google NGram Viewer III. Using Culturomics and the Ngram Viewer in International Law Research IV. Problems and Pitfalls V. Conclusion PART VI: INTERNATIONAL LAW AND THESOCIAL AND HUMAN SCIENCES 16 Opium as an Object of International Law: Doctrines of Sovereignty and Intervention I. Introduction II. Opium as Object III. Conclusion 17 International Law in Transit: The Concept of "Indigenous Peoples" and its Transitions in International, National and Local Realms-the Example of the Bedouin in the Negev I. Introduction II. The Concept of Indigenous Peoples in the International Realm III. The "Vernacularisation of Human Rights" Model and the Transit of Law IV. The Concept of Indigenous Peoples in the National and Local Realm V. Conclusion 18 Fragmented Feminisms: Critical Feminist Thinking in the Post-millennium Era I. Introduction II. On Fragmentation and International Law III. Fragmented Feminisms IV. Fragmented Subjects V. Disruptive Places and Spaces of "Knowing" PART VII: INTERNATIONAL LAW AND SPORT 19 "For the Game, For the World"-And also for Human Rights? Analysing Human Rights Obligations of International Sports Associations I. Introduction II. International Sports Associations as Addressees of Human Rights Obligations III. Responding to Human Rights Violations by International Sports Associations IV. The Obligation of International Sports Associations to Enforce Respect for Human Rights V. Conclusion 20 Emerging Fair Trial Guarantees I. Introduction II. The Court of Arbitration for Sport III. Does the Right to a Fair Trial Apply to CAS Proceedings? IV. Assessment V. Proposals for Improvement VI. Conclusion 21 International Sports Law and the Fight against Doping: An Analysis from an International Human Rights Perspective I. Introduction II. Public International Law and Sports: A Complex Relationship III. Recent International Developments in the Fight against Doping in Sport IV. Does International Human Rights Law Impose Limits on the Fight against Doping in Sports? V. Conclusion PART VIII: INTERNATIONAL LAW AND THE ARTSAND HUMANITIES 22 Engaging International Law and Literature with Kafka, Deleuze and Guattari I. Introduction II. Minor Literature and Genres III. International Law and ... IV. Conclusion 23 An Introduction to the Idea of International Law and the International Community in Contemporary Catholic Theology I. Introduction II. Fundamental Elements of the Idea of International Law III. Challenges to the Idea of International Law IV. Fundamental Elements of the True International Community V. Challenges to the True International Community VI. A Structural Defect in the Theory of International Law? VII. Theory of International Law in the Light of Contemporary Catholic Theology VIII. Conclusion 24 The Ideological Structure of the Early Jus Gentium and its Implications for the Current Debate about Normative Hierarchy and Public Policy in the International Community I. Introduction II. The Modern Doctrine and the Evolution of Vertical Normativity III. Conclusion 25 The Inextricable Connection between Historical Consciousness and International Law: New Imperialism, the International Court of Justice and its Interpretation of the Inter-temporal Rule I. Introduction II. The Inter-Temporal Rule III. International Law in its Historical Context IV. Conclusion PART IX: INTERNATIONAL LAW ANDTHE AESTHETIC 26 Engaged Visual Art as a Tool for Normative Renewal in International Human Rights: The Case of Ariella Azoulay"s Potential History (2012) I. Introduction II. Visual Art Talks to International Law III. How International Law May Engage with Visual Art (Research) IV. Conclusion 27 Safeguarding Intangible Cultural Heritage: An Inter-disciplinary Approach to International Law I. Introduction II. The 2003 Convention-A Paradigm Shift III. The Inter-Disciplinary Character of Regulating ICH IV. The Case of Gender and Safeguarding ICH V. Conclusion 28 Zero Dark Thirty: International Law, Torture and Representation I. Introduction II. International Law and Film III. Zero Dark Thirty IV. The Question of Genre V. Torture, Apology and Gender VI. Killing bin Laden VII. Conclusion 29 \xc0 la Maison-Blanche: le pr\xe9sident des \xc9tats-Unis se soucie-t-il du droit international lorsqu"il d\xe9cide d"une intervention militaire? I. Introduction II. Une Représentation Élargie de la Légitime Défense III. Un Droit d"Intervention Justifié par une "Juste Cause" IV. Une Représentation de l"Interventionnisme en Phase avec le Cinéma Étatsunien Summary: The West Wing: Does the President of the United States Care about International Law when considering a Military Action? EPILOGUE 30 "International Law and ..." Variations on a Theme I. Introduction II. Why This Flurry of Interest in "International Law and ..." III. International Law and the New Discourse IV. International Law"s Resistance Movement V. Who is in Control of International Law-Making? VI. The Final Score La 4e de couverture indique : "The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and ... ', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways." "The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and ... ', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways."--Résumé de l'éditeur