Foreign & International Blog
The Human Rights Revolution
The Yale Law Library is welln known for its interdisciplinary holdings in economics, history, sociology, political science, and more. An important new history book has arrived on human rights, The Human Rights Revolution: An International History. This volume provides a view of the state of the field for historians such as Samuel Moyn, Professor of History at Columbia University who is visiting the Law School this semester, interested in the history of and the historiography of human rights.
This is the third title in Oxford University Press’s Reinterpreting History Series. The Series is dedicated to “the historian’s craft of challenging assumptions, examining new evidence, and placing topics of significance in historiographical context. Historiography is the art of conveying the ways in which the interpretation of history changes over time. The vigorous and systematic revision of history is at the heart of the discipline.”
After an introduction by two of the editors, the book is divided into two major parts: Part I - The Human Rights Revolution; and Part II - The Globalization of Human Rights History. This reflects the origins of the fifteen essays from two academic conferences. The first part consists of essays arising from a panel entitled “Writing the Global History of Human Rights” at the 2004 meeting of the American Historical Society in Washington, D.C. The panel was inspired by the seminal paper by Professor Kenneth Cmiel, to whom Human Rights Revolution is dedicated, that originally appeared in 109 American Historical Review 117-35 (2004) entitled, “The Recent History of Human Rights.” This paper is also the first essay in the volume.
Part II arises from a 2008 conference sponsored by the History Department of Temple University, “Human Rights as International History.” This conference was convened to mark the Sixtieth Anniversary of the Universal Declaration of Human Rights. The initial article in Part II is authored by Professor Moyn, “Imperialism, Self-Determination, and the Rise of Human Rights”, which demonstrates that self-determination and anti-colonialism were not part of the original human rights project. He further spells this out in his recent book, The Last Utopia: Human Rights in History (2010)
The subjects of the essays are wide ranging from the holocaust and the Nuremberg Trials to the international movement to end female genital mutilation and history as a human right in Japan and Korea. There are ample and useful footnotes of titles that are invaluable and perhaps not known by the legal researcher.
----- Daniel Wade
Microfilm / Microfiche Scanner Guide
An updated fiche reader (ScanPro 2000) as well as a step by step user guide is now available for use on the Upper East Side. If you need assistance in viewing or copying fiche material please consult with a librarian in the Foreign and International offices located on L1.
Yale Journal of International Law's 2012 ICSID Conference
On February 11, 2012, the Yale Journal of International Law hosted the International Center for the Settlement of Investment Disputes (ICSID) Conference. To commemorate the event, the Foreign & International Law Department has put together a display on L2 featuring books by conference panelists and pieces on international arbitration.
ABOUT THE CONFERENCE
The ICSID Conference, cosponsored by the Yale Journal of International Law and the American Society of International Law and made possible by The Goldman Fund for International Initiatives, will bring together leading academics and practitioners who have played central roles in the drama of Article 52 to appraise recent cases and to consider whether any adjustments to the review procedure ought to be introduced. – Courtesy of the YJIL ICSID Conference website
The ICSID Conference is also sponsored by Transnational Dispute Management, a comprehensive and innovative information service on the management of international disputes, with a focus on the rapidly evolving area of investment arbitration, as well WorldTradeLaw.net. Yale subscribes to the sponsors’ databases, which can be accessed while on the Yale network on our Legal Databases page. Other investment law resources can be found on our International Investment Law Guide.
ABOUT THE ISSUES
For over 40 years, the World Bank’s International Center for the Settlement of Investment Disputes(ICSID) has offered investors and states a unique arbitration mechanism, which trades off diplomatic protection on behalf of investors in return for commitments by host states to arbitrate investment disputes at the initiative of the investor. – Courtesy of the YJIL ICSID Conference website
In recent years, the ICSID framework has come under criticism from a number of angles, perhaps the most acute being controversy over its distinctive review and annulment procedure. Originally intended to be an “extraordinary remedy,” the Article 52 procedure has almost become a staple of the arbitral process. Moreover, the precise function of the procedure and its scope appears to be conceived very differently in many of the decisions of ad hoc Committees. – Courtesy of the YJIL ICSID Conference website
According to Yale Law School Professor W. Michael Reisman, ICSID’s Article 52 was not uncommon or unlike other nullification procedures for arbitral awards. His 1990 article entitled “The Breakdown of the Control Mechanism in ICSID Arbitration,” featured in the Faculty Scholarship Series, cites that what is unique to ICSID’s approach is the Secretary-General’s appointment of the ad hoc three member committee that reviews the request for nullification, acting as yet another tribunal within the original ICSID tribunal. The panel entitled “The Grounds for Annulment: Are They Being Misapplied?” addresses this issue.
New Publication by YLS Alumnus on International Law
Hot off the press is Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation authored by Diane Desierto, LLM 2009 and JSD 2011. The publication, based on the author's JSD dissertation, examines how states have invoked the necessity defense and national emergency clauses in relation to treaty compliance.
From the abstract of her book:
Necessity and National Emergency Clauses is the first to trace the doctrine’s genealogy from medieval Christian and Islamic religious history to post-Westphalian practices, the International Law Commission’s codifications, and modern treaty formulations. Recognizing the doctrine’s thematic linkage with the State’s sovereign right to delimit international obligation, the volume proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses within specialized treaty regimes.
Putin Calls for Stricter Migrant Registration Rules
Russian Prime Minister Vladimir Putin
MOSCOW, January 23
Russia should have stricter registration rules for internal migrants and introduce criminal responsibility for violation of migration laws, Prime Minister Vladimir Putin said in an article on modern problems of multiethnic Russia for the Nezavisimaya Gazeta daily. The article is the presidential candidate’s second publication as part of his election program.
Noting the internal migration in Russia has been actively underway in recent years, the premier said migrants should respect the customs and traditions of regions they come to live in, and that any aggressive or disrespectful behavior should be properly addressed by authorities.
He said “registration regulations, as well as sanctions for their violations should be toughened” but that the constitutional rights of citizens to choose the place to live inside the country should not be infringed.
The premier proposed making exams in Russian, history and the basics of Russian law mandatory for immigrants from 2013.
That, he said, will help them to adapt in society.
Russian parliamentary speaker Sergei Naryshkin said legislation would probably be passed to put Putin’s proposals into force.
“We will definitely consider the proposals given by the premier in his article, and will decide which of them need to be introduced as laws,” Naryshkin said.
Putin served two terms as Russia’s president between 2000 and 2008, but was barred from standing for a third consecutive term by the constitution. He became prime minister after his handpicked successor, Dmitry Medvedev, became president.
From: RiaNovosti: http://en.rian.ru/society/20120123/170895398.html.
Russia Gains WTO Membership
December,19, 2011
- world trade organization
- world trade organization - africa (or other geographical sub
- world trade organization - handbooks manuals etc
- GATT: 1986-94 (selective),
- WTO: 1995-current in its Documents Online database
- Dispute Settlement Reports
- WTO and other primary trade law documents
- Searchable WTO decisions
- Case-Law Index
- Dispute Settlement Commentary – subscription service
Election Observation and International Legal Standards
Last week's Russian Duma elections were roundly criticized by domestic and international election observers. The elections, in which United Russia received almost 50% of the vote amid accusations of ballot stuffing and fraud - and prompting massive demontrations over the weekend -- have been described by election observers as "slanted" and lacking independence. Besides shining a light on unsavory electoral practices, international election observers generate a rich collection of both secondary sources on foreign election law and analyses of international standards for conducting democratic elections.
Who Are the Observers?
Where permitted, domestic political parties and regional and non-governmental organizations supply the bulk of election observers. The Organization for Security and Cooperation in Europe (OSCE) issued the report on the recent Russian elections referenced above. To compare, the OSCE found "recurring deficiencies in the electoral framework" of the 2010 US mid-term elections, but concluded that the Dutch had it all figured out in their 2010 early Parliamentary elections. Wij houden van Oranje! Other organizations involved in the observation of elections include the African Union, Carter Center, Commonwealth Secretariat, Council of Europe, European Union, and the Organization of American States.
Sources of Foreign Election Law
The reports issued by organizations like the OSCE can contain a valuable mix of foreign election law and references to international legal standards for the conduct of democratic elections. In the OSCE reports mentioned above you'll find a survey of the monitored nation's election laws and a comprehensive description of election procedures. The state's laws and processes are also evaluated in light of the state's obligations and international standards.
What International Standards?
Election monitors often refer to international standards when evaluating the quality of a state's electoral processes. The Carter Center has created a database of sources of international standards collected from treaties, judicial decisions, decisions and recommendations of treaty supervisory committees, and handbooks and manuals. Selective collections of standards can also be found in the EU's Compendium of International Standards for Elections and from the OSCE.
Human Rights Day 2011
This coming Saturday will be Human Rights Day 2011. The Universal Declaration of Human Rights (UDHR), the milestone document which spells out the fundamental human rights to be universally protected, was adopted 63 years ago on December 10th, 1948, by the United Nations General Assembly. Since then it has been translated into some 380 languages and dialects. Under the theme "Celebrate Human Rights", Human Rights Day events at the UN this year include a special social media campaign built around the important document in the history of human rights.
Currently on display in the Foreign and International Law Collection on L1 of the Law Library are selective works by our faculty, alumni and affiliates on a variety of topics relating to global human rights issues. Here is a sampling of their works:
McDougal, Lasswell and Chen, Human Rights and World Public Order: the Basic Policies of an International Law of Human Dignity
Eichensehr and Reisman, Stopping Wars and Making Peace: Studies in International Intervention
Koh and Slye, Deliberative Democracy and Human Rights
Koh and Hathaway, Foundations of International Law and Politics
Shapiro and Brilmayor, Global Justice
Hess and Post, Human Rights in Political Transitions: Gettysburg to Bosnia
Resnik and Benhabib, Migrations and Mobilities: Citizenship, Borders, and Gender
Popkin and Silk, Civil patrols and their legacy : overcoming militarization and polarization in the Guatemalan countryside
Wildhaber, European Court of Human Rights, 1998-2006 : history, achievements, reform
Abrams, Kampuchea, after the worst : a report on current violations of human rights
Guinier, Lift every voice : turning a civil rights setback into a new vision of social justice
Danner, Stripping bare the body : politics, violence, war
Kiernan, Blood and soil
Shattuck, Freedom on Fire
Schell, Mandate of heaven : a new generation of entrepreneurs, dissidents, bohemians, and technocrats lays claim to China's future
LexisNexis names us one of the top 25 Foreign & International Law Blogs
We are pleased to announce that LexisNexis has named this blog as one of the top 25 Foreign and International Law Blogs of 2011.
The 25 blogs span a great number of topics and areas, and we are proud to be part of this list.
Thanks to everyone who supports the site.
