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GoJIL - Call for papers on “The law behind rule of law transfers”

In 2018, with Till Patrik Holterhus as special issue editor, the Goettingen Journal of International Law (GoJIL) will publish a special issue on “The law behind rule of law transfers”.

Description

Globalization and internationalization have led to drastically increased interaction between state and non-state actors, both on the international and supranational level. Such interactions provide a fertile soil for the “transfer” of legal concepts – transfer here to be understood as the inter-regime process of promoting, implementing and safeguarding a legal concept.

One fundamental legal concept that has been and still is a main subject of these transfer processes is the “rule of law”. With roots reaching back into ancient Athens and Rome, the late Middle Ages, the Enlightenment-fostered great Revolutions of the 18th century, and its final conceptual formation in the 19th and 20th century, the rule of law can best be described as a set of principles organizing the relationship between a community and its governing institutions, with the aim of subjecting power to law by institutional and procedural means – namely the existence of general, predictive and enforceable laws; a public monopoly of power; the governing institutions being bound by the law and legitimized by the governed community, and the separation of powers.

The process of transferring the rule of law in regime interactions has extensively been studied in academia. This GoJIL special issue intends to contribute to these efforts by adopting a specific legal perspective that has not yet received much attention – the law that applies to these transfer processes. For this purpose, the issue will feature several case studies that identify and explore the legal sources, norms and procedures that drive and govern the various transfer processes, with a particular focus on transfers occurring in complex, interdependent supranational and international contexts.

Topics

Against this background a plethora of relevant and interesting legal regime interactions come to mind. To name only a few, topics could include

  • the European Union’s mandate and mechanisms of promoting the rule of law in accession and association processes, as well as the European Union’s enforcement and safeguarding instruments regarding rule of law standards in its member states
  • the United Nations’ mandate and methods to promote the rule of law in its member states, e.g. by means of Security Council resolutions
  • the normative basis of rule of law implementation in situations and by means of post-conflict administration (by the United Nations or other international actors)
  • belligerents’ obligation under international humanitarian law to restore, maintain, and ensure law and order in occupied territories
  • rule of law clauses in bi- or plurilateral trade agreements, and the design of interlinked sanction and suspension mechanisms
  • the World Bank’s mandate and current rule of law assistance/reform programs and the legal design of their implementation mechanisms
  • rule of law-dialogues and their intergovernmental legal arrangements
  • integrated and institutionalized rule of law-dialogues between national/European courts and their legal foundations and implications

Procedure

The submissions deadline for full papers is December 31st, 2017.

For this call for papers, GoJIL will accept abstracts of paper projects submitted before October 15th, 2017. If an abstract is submitted, the author will be informed before October 31st, 2017 whether or not GoJIL considers the topic particularly relevant and would appreciate to receive the full paper. The submission of abstracts is not mandatory, but offers an opportunity for early communication with the editors.

All full papers received will be submitted to a double-blind peer review. They must be written in English and should not exceed 15,000 words, including footnotes.

The GoJIL article guidelines can be found here. In case of any questions feel free to contact the special issue editor (tholter@uni-goettingen.de) or the GoJIL Editors-in-Chief (info@gojil.eu).

Deadlines

October 15th, 2017 – Submission of paper abstracts

October 31st, 2017 – Selection of abstract authors to submit a full paper

December 31st, 2017 – Submission of full papers (with or without previous abstract)

January 15th, 2018 – Final selection of published papers

Call for paper as pdf: here.

GoJIL – Special Call on the One Belt – One Road Initiative

The One Belt – One Road Initiative (OBOR), also known as China’s New Silk Road, includes a large variety of infrastructure programs in numerous Eurasian and African States, proposed by the People’s Republic of China. It aims to enhance connectivity and cooperation across the Eurasian continent mainly through the construction of railways, highways, ports, airports, pipelines, etc., with China in a central role. At its largest extent, the OBOR would include 65 countries, 4.4 billion people, and 40 % of the global GDP. Considering its scale, the project even exceeds the dimensions of the post-war Marshall-Plan. This project could massively increase Chinese influence over Eurasia, as well as provide a chance for developing countries to benefit from its economic impact.

Projects of this magnitude naturally raise multiple legal and political questions.

For instance, could this be a chance to reduce global poverty or will it just intensify the dependence of developing countries on China? Will better infrastructure raise the standard of living, particularly regarding access to food and clean water, for the populations involved? What concerns are there for labor rights and property rights under international law? Who will be accountable for honoring these rights?

Furthermore, to what extent will international cooperation of this kind affect ongoing political conflicts? What are the effects of and on international law? How would the OBOR affect international trade and investment law? What influence will this have on the environment and the cultural heritage along this New Silk Road?

To shed light on the diverse aspects of the One Belt – One Road Initiative, we call for authors to submit papers on this topic. Submissions from an international law background as well as other disciplines such as international relations, economics, geography, etc. are welcome. Papers will be submitted to a double-blind peer review and should not exceed 15,000 words including footnotes. Selected contributions will be published in Issue 2 of Vol. 8. Our article guidelines can be found here and further information, including the submission option can be found here. All articles must be submitted until 15th of January 2018. In case of any questions feel free to contact the editors via email at info@gojil.eu.

 

Editorial
The Editors
 
Acknowledgements
The Editors
 
 
Towards a New International Law of the Atmosphere?
Peter H. Sand & Jonathan B. Wiener
 
Law as an Antidote?
Assessing the Potential of International Health Law Based on the Ebola-Outbreak 2014
Robert Frau
 
The EU Commission and the Fragmentation of International Law:
Speaking European in a Foreign Land
Avidan Kent
 
The Use of Scholarship by the WTO Appellate Body
Sondre T. Helmersen
 
The Evolution of Arms Control Instruments and the Potential of the Arms Trade Treaty
Tom Coppen
 
Combating Illegal Fishing in the Exclusive Economic Zone - Flag State Obligations in the Context of the Primary Responsibility of the Coastal State
Valentin J. Schatz
 

Complete Edition



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