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I·CONnect

Blog of the International Journal of Constitutional Law

What’s New in Public Law

—Claudia Marchese, Research Fellow in Comparative Public Law at the University of Sassari (Italy)

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law.

“Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Constitutional Court of Hungary ruled that the 2019 transfer of many of the country’s main research institutes from the Hungarian Academy of Sciences to a new network part-controlled by the government is not an infringement on scientific freedom.
  2. On 1 January 2023 a Constitutional Court will start functioning in Kazakhstan to ensure more effective protection of human rights as citizens will be able to appeal directly to the court.
  3. The Constitutional Court of Taiwan decides whether article 1052 of the Civil Code, limiting the circumstances in which couples can file for divorce, violates the constitutional protection of individual freedoms.
  4. The U.S. Supreme Court heard arguments on the Biden administration’s expulsion policies for undocumented migrants.
  5. The Constitutional Court of South Africa ordered the parole of a prisoner currently serving life imprisonment for the murder of a South African Communist leader and anti-apartheid activist. This decision led to protests across the country.

In the News

  1. The European Commission presented different options to Member States to make sure that Russia is held accountable for the crimes committed during the war in Ukraine. Particularly, the European Commission proposed the establishment of an ad hoc international tribunal or a specialised ‘hybrid’ tribunal to investigate and prosecute Russia’s crime of aggression.
  2. The European Parliament adopted a resolution on the latest developments in Russia’s aggression against Ukraine, recognising Russia as a state sponsor of terrorism and as a state that “uses means of terrorism”.
  3. After mass domestic protests, China adopted a shift in its Covid strategy as it moves to ease some virus restrictions, especially in the districts of Shanghai and Guangzhou.
  4. The Italian lower Chamber approved a motion committing the government not to ratify the reform of the European Stability Mechanism in consideration of the state of ratification in other member States and of the relative impact on the evolution of the European regulatory framework.
  5. The the U.S. Senate passed the Respect for Marriage Act, legislation to protect same-sex and interracial marriages. Now the bill has to be examined by the House of Representatives.

New Scholarship

  1. Jaakko Husa, Interdisciplinary Comparative Law (2022) (this book offers a critical analysis of the difficulties of interdisciplinarity in comparative law).
  2. Shreya Atrey, Sandra Fredman (eds.), Exponential Inequalities (forthcoming 2023) (this volume offers an understanding of inequalities as they arise and are exacerbated by crises such as pandemics, wars, democratic crises, recessions, and climate disasters).
  3. Charles M. Fombad, Nico Steytler (eds.), Constitutionalism and the Economy in Africa (forthcoming 2023) (this book examines whether the quest for constitutionalism in Africa has resulted in economic growth).
  4. Emilia Justyna Powell, Islamic Law and International Law (2022) (the volume examines the presence of Islamic law-related arguments in the jurisprudence of the International Court of Justice).
  5. Angela M. Páez.  Who Are You and What’s Your Issue? Winning in Collective Litigation in Colombia (2022) (the article explores how litigants’ resources and the type of right under litigation affect judicial decision-making).  

Calls for Papers and Announcements

  1. The first International Congress of Comparative and Constitutional Law “Cuba CON-PARA” will take place in Havana from 4 to 6 April 2023. Cuba CON-PARA is organized by the Faculty of Law of the University of Havana and is co-sponsored by several academic and research centres from Italy, Mexico and Cuba. A call for papers has been launched and will close on 15 February 2022.
  2. The Italian Association “Diritto pubblico comparato ed europeo” (DPCE) is pleased to announce the call for papers for the 2023 Seminar, to be held at the University of Pescara (Italy) on 29-30 June 2023, on the subject of “Constitutionalism, Pacifist Principle and Armed Conflicts”. Submissions may be sent in Italian or in English by 1 February 2023.
  3. The Socio-Legal Studies Association (SLSA) annual conference on “Constitutionalism in Developing Democracies” will be hosted by Ulster University from 4 to 6 April 2023. Authors wishing to present at the conference (in person or virtually) must submit their abstracts by 9 January 2003.
  4. Hasselt University is pleased to announce the third edition of the Young Legal Researchers Conference, which will take place on 16 December 2022 at the Law Faculty of Hasselt University in a hybrid format. The theme of the conference is: “Back to the basics: Fundamental principles of law in contemporary challenges”.
  5. The organisers of the Stellenbosch Annual Seminar on Constitutionalism in Africa (SASCA) are pleased to announce the call for papers for the tenth anniversary of the Stellenbosch Annual Seminar on Constitutionalism in Africa, which will be held in Stellenbosch (South Africa) from 19 to 22 September 2023. The deadline for submitting proposals is 30 January 2023.

Elsewhere Online

  1. Kim Lane Scheppele, R. Daniel Kelemen, John Morijn, The Good, the Bad and the Ugly. The Commission Proposes Freezing Funds to Hungary, Verfassungsblog.
  2. Patrick Gardiner, Conflating the Powers of the Commissarial and the Sovereign Dictator in Tunisia, Verfassungsblog.
  3. Ben Stanford, No ID? No vote! Voter ID comes to Great Britain, LSE blog.
  4. Dalibor Rohac, Governing the EU in an age of division, LSE blog.
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Published on December 5, 2022
Author:          Filed under: Developments
 

Facing climate change in the Brazilian Supreme Court: The right to a healthy environment as a human right

—Luís Roberto Barroso, Justice at the Brazilian Supreme Court; Professor of Law at the Rio de Janeiro State University – UERJ and University Center of Brasília – CEUB; L.L.M., Yale Law School. S.J.D., Rio de Janeiro State University – UERJ; Post-doctoral studies as Visiting Scholar at Harvard Law School; Senior Fellow at Harvard Kennedy School (Carr Center for Human Rights); and Patrícia Perrone Campos Mello, Clerk at the Brazilian Supreme Court; Professor of Law at the University Center of Brasília – CEUB; L.L.M. and S.J.D., Rio de Janeiro State University; Post-doctoral studies as Visiting Scholar at the Max Planck Institute of Comparative Public Law and International Law and Harvard Kennedy School (Ash Center for Democratic Governance and Innovation)

Environmental protection and climate change have become one of the defining issues of our time. The means of production and consumption of modern society have excessively increased greenhouse gas emissions (GHGs), consequently leading to greater heat retention, thereby causing measurable levels of global warming, which threatens to endanger the survival of mankind on Earth.[1] The solution will necessarily require a collaborative effort by all countries and state agents to incorporate sustainable development policies and reduce the emission of GHGs.[2] In Brazil’s case, deforestation and changes in land use change are the primary conducts responsible for the emission of GHGs. The country hosts nearly 62% of the Amazon Forest, which is home to enormous biodiversity, and is therefore key for climate preservation.[3]

Upon ratifying and applying the Paris Agreement domestically, Brazil committed to reducing GHG emissions by 37% compared to 2005 levels by 2025, and by 43% by 2030, among other obligations. In fact, between 2004 and 2012, the country greatly improved public policies to protect the environment, and experienced considerable success in reducing deforestation.[4] In 2009, the Brazilian government created the National Climate Change Fund (“Climate Fund”) as the main instrument aimed at financing the fight against climate change (Law12114/2009). However, since 2013, annual deforestation rates have steadily risen once again. Moreover, the Federal Government froze the Climate Fund’s operations in 2019. Meanwhile, deforestation increased by 34% in 2019, as compared to the previous year, a trend that continued in 2020. By 2021, the Brazilian deforestation rate was the highest it had been in 15 years, representing an almost 185% increase compared to 2012.[5] Estimated rates for 2022 are equally bad.[6]

In this scenario, a claim (ADPF 708) was presented before the Brazilian Supreme Court (“STF,” or “Court”), arguing that the federal government’s actions violated the constitutional right of present and future generations to a healthy environment. The claimants requested an order from the STF determining (i) the resumption of the Climate Fund’s operations; (ii) the reallocation of the government’s financial resources into the Climate Fund; and (iii) that the federal government be prohibited from further violations or from withholding the Climate Fund’s duly allocated financial resources.[7]

The case led to the following question being presented to the Court: does the matter of the Climate Fund’s operation constitute a constitutional issue subject to the Court’s jurisdiction, or is it a matter of public policy that is exclusively up to elected representative bodies to decide, due to the separation of powers principle?

The STF rejected the political question argument, affirming that the case presented constitutional, supralegal, and legal issues related to environment protection. From a constitutional perspective, it concluded that article 225 of the Constitution of 1988 (“Brazilian Constitution”) expressly established the right to an ecologically balanced environment, imposing on the federal government the duty – not the choice – to preserve and restore the environment for present and future generations. According to the Court, environmental protection is not subject to the political judgment of convenience of the Executive Branch. Rather, it is an obligation to which the federal government is bound, and it is up to the Court to guard the Constitution.

From a supralegal perspective, the STF affirmed – for the first time – that environmental treaties fall under the category of international human rights treaties, since a healthy environment is a condition for the exercise of such rights. Citing the United Nation’s representative speech presented during the public hearing held by the Court, the STF observed that “[t]here are no human rights on a dead or sick planet.” The idea is in accordance with the existence of a “human right to a safe, clean, healthy and sustainable environment,” as recently affirmed by the United Nation,[8] and is also consistent with two landmark decisions of the Interamerican Court of Human Rights.[9] Therefore, environmental treaties entered into by the country are above the ordinary laws, just like human rights treaties.

Finally, from a legal perspective, the Court observed that the Climate Fund was created by Law 12114/2009, through which Congress itself imposed the allocation of financial resources to reduce GHGs emissions. Thus, the Court concluded that there was no legally valid option to simply neglect the fight against climate change, nor was there a legal basis for arguing that such decision violated the separation of powers.

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Published on December 5, 2022
Author:          Filed under: Analysis, Developments
 

Democracy’s Fixer: Disinformation and the Supreme Federal Court in Brazilian Politics

—Lucas Henrique Muniz da Conceição, Doctoral Researcher, Bocconi University, Milan.

After a tumultuous October, the Brazilian General Elections have come to an end, with President Luiz Inácio Lula da Silva registering approximately 60.34 million votes, representing a tight majority in the electorate (50.9%). Among the political debates concerning the second round of the election was the intensification of disinformation campaigns distributed on social media platforms and the possibility of institutional rupture from Bolsonaro’s resistance to accepting his defeat.

From these political events, one can start to assess some of the consequences regarding the established framework for digital policy, as well as perceive the lessons Bolsonaro might have learned from similar attempts to overcome an election defeat. Much like Donald Trump, Bolsonaro spent his mandate reasserting his electorate manifestations on social media platforms, despite their clear intent to plot an insurrection in case of defeat through a military dictatorship. Although interconnected, both debates may lead to further distinctions in the country’s continuous attempt to regulate social media platforms and the consolidation of a new constitutional dynamic within Brazilian institutional design.

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Published on December 4, 2022
Author:          Filed under: Developments
 
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Announcing NYU Law Global Fellowships for the 2023-2024 Academic Year

GLOBAL FELLOWSHIP APPLICATIONS FOR NYU SCHOOL OF LAW

NOW AVAILABLE FOR THE 2023-2024 ACADEMIC YEAR

New York University School of Law is currently accepting applications for the following fellowships:

Emile Noël Fellowship Program

Deadline: January 15, 2023

The principal objective of the Emile Noël Fellowship program is scholarship and the advancement of research on the themes prioritized by the Jean Monnet Center for International and Regional Economic Law & Justice, which include the following overarching areas: European Integration, general issues of International (principally WTO), and Regional Economic Law and Justice and Comparative Constitutional Law. The expectation is that the residency of our Fellows at NYU School of Law will result in at least one paper that will be of sufficient quality to be published as a Jean Monnet Working Paper. During the period of residence, we encourage our Fellows to participate fully in the life of the Law School and of NYU in general, not to mention the endless possibilities that New York City has to offer. The Fellows will be expected to play an active role in the activities of the Center, particularly the Global/Emile Noël Fellows Forum, which is the vehicle through which work is presented and discussed, and encapsulates the idea of the Program – the University as a community of scholars. The Forum takes place on a regular basis throughout the fall and spring semesters.

The Jean Monnet Center at NYU School of Law currently offers fellowship opportunities for scholars in the following categories:

1.  Global & Senior Global Emile Noël Research Fellows

Global Emile Noël Research Fellows are post-doctoral or tenured academics with a demonstrable background of legal scholarship.  More senior academics (for example, faculty members tenured for ten years or more) at the discretion of the selection committee may be designated as Senior Global Emile Noël Research Fellows.

2. Global Emile Noël Fellows from Practice and Government

Global Emile Noël Fellowships are also open to government officials, judges, officials from international organizations and lawyers in private practice who wish to take a semester or academic year away from their posts to engage in serious scholarship.

3. Post-Doctoral Global Emile Noël Fellows

Post-Doctoral Global Emile Noël Fellows are post-doctoral scholars who have attained their doctoral degrees within the past four years and who have not yet secured a tenure-track academic appointment at an institution.  Post-Doctoral Global Emile Noël Fellows meeting these eligibility requirements may be considered for a limited number of merit-based post-doctoral stipends, ranging from US$40,000 to US$50,000 for the academic year (or from US$20,000 to US$25,000 per academic semester), subject to applicable tax(es). 

For an overview of Program eligibility and other guidelines and to apply, please visit the Emile Noël Fellowship Program Overview page.

Global Fellows Program

Deadline: January 15, 2023                   

The Global Fellows Program offers an opportunity for academics, practitioners, government officials and post-doctoral scholars from around the world to spend a semester or academic year in residence at NYU School of Law.  The principal objective of the Global Fellows Program is the production of scholarship through the advancement of research. We have a notable history of hosting distinguished scholars, judges, lawyers and government officials who wish to spend time advancing their scholarship and engaging in the intellectual life of the Law School.  Fellows are welcome to participate in academic activities such as fora, lectures, colloquia, seminars and conferences. They are also invited to various social events, including some organized specifically for Global Fellows and others aimed at the broader community.

Through the Global/Emile Noël Fellows Forums, Global Fellows share their research with colleagues, students and faculty and receive comment and feedback.  In this way, they contribute to the intellectual life of the Law School and provide an opportunity for the community to learn about current law research from a global perspective and in a wide range of topics.  The primary goal of the Global Fellows Program is the enhancement of research and it is expected that participation in the Program will result in a substantial publishable piece of scholarship.

The Global Fellows Program currently offers fellowship opportunities for scholars in the following categories:

1.  Global and Senior Global Research Fellows

Global Research Fellows are tenured or tenure-track academics with a demonstrable background of strong legal scholarship.  More senior academics (for example, faculty members tenured for ten years or more) may be designated as Senior Global Research Fellows at the discretion of the selection committee. 

2. Global and Senior Global Fellows from Practice & Government

Global Fellows from Practice & Government are government officials, judges, officials from international organizations and lawyers in private practice who wish to take a semester or academic year away from their posts to engage in serious scholarship.  More experienced officials and practitioners may be designated as Senior Global Fellows from Practice & Government at the discretion of the selection committee. 

3. Post-Doctoral Global Fellows

Post-Doctoral Global Fellows are post-doctoral scholars who have attained their doctoral degrees within the past four years and who have not yet secured a tenure-track academic appointment at an institution.  Post-Doctoral Global Fellows meeting these eligibility requirements may be considered for a limited number of merit-based post-doctoral stipends, ranging from US$40,000 to US$50,000 for the academic year (or from US$20,000 to US$25,000 per academic semester), subject to applicable tax(es). 

For an overview of Program eligibility and other guidelines and to apply, please visit the Global Fellows Program Overview page.

Visiting Doctoral Researcher Program

Deadline: February 15, 2023

Visiting Doctoral Researchers are doctoral candidates enrolled in a doctoral degree program at another institution abroad who wish to benefit from spending one year of their research at NYU School of Law. They will be fully integrated into the JSD program as far as is relevant. The JSD program invites approximately five to six Visiting Doctoral Researchers each academic year to contribute to the Visiting Doctoral Researcher position.

The Visiting Doctoral Researchers are actively integrated into the Law School community through various academic and social programs, including an invitation to participate in the JSD Colloquium where they may present their research.

For an overview of Program eligibility and other guidelines and to apply, please visit the Visiting Doctoral Researcher Program Overview page.

All applications and materials must arrive by the respective deadline dates. 

Questions about the Global Fellows Program should be directed to: law.global@nyu.edu.

Questions about the Emile Noël Fellowships should be directed to: JeanMonnet@nyu.edu.

Questions about the Visiting Doctoral Researcher Program should be directed to: jsdcoordinator@nyu.edu.

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Published on December 2, 2022
Author:          Filed under: Developments
 

10 Good Reads 2022

—J. H. H. Weiler, New York University School of Law; Co-Editor-in-Chief, I·CON

Here is my pick of “Good Reads” from the books I read in 2022. I want to remind you, as I do every year, that these are not “book reviews,” which also explains the relative paucity of law books or books about the law. Many excellent ones have come my way in 2022, as in previous years, but an excellent law book is not always, in fact rarely is, a “good read” in the sense intended here: curl up on the sofa and enjoy a very good read, maybe even as a respite from an excellent law book. I should also point out that some of these “good reads” are not necessarily literary masterpieces—and yet, still, they are very good reads.

Moshe Halbetal and Stephen Holmes, The Beginning of Politics: Power in the Biblical Book of Samuel (Princeton University Press, 2017)

Inspired by this wonderful volume, which analyses the Book of Samuel, I recently gave a talk entitled “Politics, Power and Authority? Forget Machiavelli—It Is All in the Book of Samuel.” Alongside King David, Machiavelli’s Prince is a mere apprentice. Machiavelli taught “Never do an enemy a small injury.” David could have said (but was smart enough to keep this counsel to himself) “Never leave an enemy alive.” He was also smart enough to leave the killings to his lackeys and then wash his hands of it. (He did spare Saul’s life, caught with his pants, literally, down—a smart move by a smart political operator).

From Halbertal and Holmes’ book you will learn (a lot), become wiser (a lot) and derive pleasure (a lot). The book is not only a profound study of the building blocks of politics, but also a masterly exercise in literary analysis. And without compromising its scholarly depth, it reads so well.

In fact, this recommendation is a “two for the price of one”, for after reading The Beginning of Politics you will not need my exhortation to go and read the Book(s) of Samuel. And for those who have read it before, you will read it with new eyes.

“Samuel?,” you may be thinking, “is it not just one of those turgid biblical repetitive narrations of that inimitable skill of the Israelites to frustrate the Almighty, generation after generation?” Think again. As story and drama it has it all: the tale of the House of Saul and the House of David has not only palace intrigues, bloody wars both internal and external with exquisite drama (think of David and Goliath as mere appetizer), there is also fratricide, murder, rape, incest.  If Netflix were to ask me which Old Testament Book would make for the best series, it would have to be Samuel. It would leave Game of Thrones and its prequel in the dust. (I am not sure how much of a recommendation this is!).

Jean-Philippe Toussaint, La Salle de bain (Les éditions du minuit, 1985), The Bathroom (transl. Nancy Amphoux and Paul De Angelis, Dalkey Archive Press, 2008); L’appareil photo (Les éditions du minuit, 1989), Camera (transl. Matthew B. Smith, Dalkey Archive Press, 2008)

If Halberal and Holmes made it to the top of the saggistica list, Toussaint makes it to the top of the Belles Lettres. Reading his first (1985) novel (La Salle de bain) and his second (1989) (L’appareil photo) I kept thinking with remorse—better late than never. For how could I have been oblivious to such genius for almost 40 years? And of course, since reading (and rereading) these two slim volumes I have been working my way through the remainder of his work. I consoled myself, in the self-deceiving manner of the aging and aged, that maybe it was an advantage to come to him later in life.

You can already sense that I am writing about Toussaint with the same enthusiasm I have towards, say, Sebald. And there are some parallels, parallels which go to style rather than content.  There are very good novels. And then there are very good novels, which at the same time change the way we think about The Novel. A little bit like, say, those who pioneered a New School in painting. Toussaint belongs to this rare second category.

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Published on December 1, 2022
Author:          Filed under: Editorials
 

What’s New in Public Law

—Anubhav Kumar, Advocate & Researcher, Supreme Court of India 

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law.

“Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. Supreme Court of Canada upholds lower court decision and allows disclosure of cockpit recording in a class action.
  2. Georgia Supreme Court orders state’s abortion law back into effect.
  3. Peruvian constitutional court annuls treason complaint against President Pedro Castillo.
  4. Korean court rules forcing soldiers to attend religious events is unconstitutional.
  5. UK Supreme Court rules Scotland cannot hold another referendum on independence without permission.
  6. US Supreme Court paves a path to obtain Trump’s tax returns.

In the News

  1. Six states urge the US Supreme Court to block the Biden student debt relief.
  2. India’s Top Court to consider Legalizing Same-Sex Marriage.
  3. Judge abstains from the Repubblika case over magistrate’s recusal.
  4. Australian court blocks Clive Palmer coal mine on climate grounds.
  5. South Africa’s prison service challenges court’s decision to send ex-president back to jail.
  6. Jokowi gives nod to controversial removal of constitutional justice.

New Scholarship

  1. Richard Albert, David Landau, Pietro Faraguna, Simon Drugda and Rocio De Carolis, The 2021 Global Review of Constitutional Law  (2022)  (assembling detailed but relatively brief reports on constitutional developments and cases during the past calendar year, in 75 jurisdictions)
  2. Yiming Wang and He Tian, Judicial Transparency in China Theory and Realization Path (Forthcoming 2023) (critically examining the latest progress in judicial transparency in China containing rich data on judicial openness in China)
  3. Tom Ginsburg and Benjamin Schonthal (eds), Buddhism and Comparative Constitutional Law (2022) (offering offers a complex portrait of “the Buddhist-constitutional complex,” demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved)
  4. Tomoko Ishikawa, Corporate Environmental Responsibility in Investor-State Dispute Settlement : The Unexhausted Potential of Current Mechanisms (2022) (exploring the potential of the current investor-state dispute settlement ( mechanism to materialize the responsibility of foreign investors through the states’ counterclaims and defences at the jurisdictional, merits, and quantum phases)
  5. Andreas de Guttry, Melvis Ndiloseh and Alessandro Mario Amoroso, A Comprehensive Path to Peace in Sudan (2022) (examining prospects for the conduct of democratic elections, wealth-sharing and development and other variables on the path of Sudan to peace)

Calls for Papers and Announcements

  1. The American University of Paris, Calls for Papers for an International Conference on “Violent Turns: Sources, Interpretations, Responses”, June 21-23 June 2023. The University welcomes contributions in all fields, including psychology, political science, anthropology, sociology, history, law, criminology, literature, and communications as well as approaches promoting creative responses to the theme of the conference. Please submit abstracts to violentturnsconference@aup.edu by December 15th, 2022. More Details are available here.
  2. The UCD Centre for Constitutional Studies invites early career scholars interested in any area of constitutional law to participate in its inaugural ‘New and Emerging Voices in Constitutional Law’ symposium, which will take place in person at the UCD Sutherland School of Law on Thursday 23 March 2023. The deadline for submission of abstracts is 20th January 2023. Details are available here.
  3. The National Law School of India University (NLSIU) invites applications for a full-time faculty position at NLSIU. Last date of application is 21st December 2022.  The application is available here.
  4. The Fourth Webinar of the Nordic CONREASON Project webinar series on 18 January 2023 on the political and legal culture in Finland as the context of constitutional reasoning. Details are available here.
  5. The London School of Economics and Political Science seeks applications for the post of Professor in Public law. Details are available here.
  6. This fifth annual Law and Humanities roundtable 2023, to be held on 14th July 2023, invites original, interdisciplinary, and humanities-focused paper presentations occasioned by the 400th anniversary of the publication of Shakespeare’s First Folio in 1623. Details are here

Elsewhere Online

  1. Daryl WJ Yang, One step forward, two steps back? Enshrining gay (in)equality in the Singapore Constitution, Berkeley Center on Comparative Equality & Anti-Discrimination Law
  2. Anant Prakash Mishra, Notes From a Foreign Field: The US Supreme Court’s Latest “Gun Rights” Decision, Indian Constitutional Law and Philosophy
  3. Joseph Finnerty, Juszczyszyn v. Poland: Article 18 ECHR’s Conservative Contribution To The Polish Rule Of Law Crisis, Strasbourg Observers
  4. Daniel Rietiker, Migrant Workers and the 2022 FIFA World Cup in Qatar, Verfassungsblog
  5. Aidan McGirr, Mediterranean Sea Migrants: How a Novel Classification Framework Can Increase State Accountability, Oxford Human Rights Hub
  6. Joshua Davis, Bwanya v Master of the High Court: Right for the Wrong Reasons, African Law Matters
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Published on November 28, 2022
Author:          Filed under: Developments
 

What’s New in Public Law

–Irina Criveț, PhD Candidate Public Law, Koç University

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere. To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. Berlin’s highest court invalidated the 26th September 2021 state poll because of a series of errors that were relevant to election mandates.
  2. A coalition of Ugandan rights groups and lawyers lodged a petition at the Constitutional Court challenging the controversial new internet law.
  3. Taiwan’s Constitutional Court will decide whether an article from the Civil Code stating that a husband or wife may petition for divorce upon the occurrence of an event that renders it difficult to maintain the marriage, limits the circumstances in which couples can file for divorce, thus, violating the Constitution’s protection of individual freedoms.
  4. South Africa’s Constitutional Court will rule on the new strict driving rules.
  5. Supreme Court of India upheld the provision of reservation for the Economically Weaker Sections among the upper castes in education and employment in a majority decision.

In the News

  1. Dutch judges convicted two Russians and one Ukrainian in absentia of murder for their role in the shooting down the Flight MH17 over Ukraine in 2014 when 298 lives were lost. Kyiv and Kuala Lumpur welcomed the ruling, while Moscow said it would not extradite its citizens.
  2. In the aftermath of judge Mato Tadić retirement, the Federation of Bosnia and Herzegovina members will elect a judge to the Constitutional Court of Bosnia and Herzegovina.
  3. A federal judge in Texas struck down President Joe Biden’s student loan forgiveness prompting the Department of Education to stop accepting applications for debt relief.
  4. More than 100 people have been sleeping outside South Africa Constitutional Court in Johannesburg, demanding reparations for crimes against them during apartheid.
  5. Malaysians will elect, on the 19th of November 2022, the country’s 15th parliament and minister for the next five years.
  6. Nepal will hold general elections on 20 November 2022, with 18 million voters heading to the polls to elect 275 House of Representatives and 550 Provincial Assembly members.

New Scholarship

  1. Daniel McDonald (2022) Making the “Citizen Constitution”: Popular Participation in the Brazilian Transition to Democracy, 1985-1988, The Americas (2022) (examines popular participation in the making of Brazil’s 1988 post-authoritarian “Citizen Constitution” and the way everyday people meaningfully shaped the constitutional restorations in late twentieth-century Latin America)
  2. Aloy Ojilere (2022) Discrimination on Grounds of Sexual Orientation and Gender Identity: The Limits of Human Rights in Africa, Journal of Homosexuality (explores the African approach to the right to sexual orientation and gender identity and LGBTIQ rights, including homosexuality and same-sex marriage and it argues that “despite the threat of homocapitalism, prevalent Afrocentrism and religions reject these form of “new rights” for being immoral, ungodly, unnatural and un-African, thereby underlining the limits of human rights in the sub-region.”)
  3. Josh Cowls, Philipp Darius, and Moritz Schramm (2022) Constitutional metaphors: Facebook’s “supreme court” and the Legitimation of Platform Governance, Space and Culture (analyses rhetorical devices that have been used to simplify the complexities associated with the governance of online platforms, including  “constitutional metaphors” and exposes the threats to platform governance)
  4. M. Mohsin Alam Bhat (2022) ‘The Irregular’ and the Unmaking of Minority Citizenship: The Rules of Law in Majoritarian India, Queen Mary Law Research Paper No. 395/2022 (focuses on the ascendance of the Hindu majoritarian state, its relationship with the law and proposed a “novel interpretive framework to capture practices of ethnicization of law, ethnonationalist legitimisation through intense political mobilisation, and the production of subordinated minority citizenship without formal incorporation of graded citizenship.”)
  5. J. Aaron Saiger (2022) Derailing the Deference Lockstep, Boston University Law Review (argues for a more fruitful judicial relationship between the state courts and federal agencies)
  6. Francisco de Abreu Duarte and Francesca Palmiotto Ettorre (eds) (2022) Sovereignty, Technology and Governance after COVID-19 Legal Challenges in a Post-Pandemic Europe, Bloomsbury Publishing (explores how the European states have responded to the sovereign, technological and governance challenges occurred during the COVID-19 crisis and its future implications)

Calls for Papers and Announcements

  1. The King’s Student Law Review, based at the Dickson Poon School of Law, King’s College London, seeks to publish contributions written by law PhD students and Early Career Researchers. The deadline for submission is Sunday, 11 December 2022.
  2. The University of Michigan Law School invites junior scholars to attend “the 9th Annual Junior Scholars Conference”, which will take place in person on 21- 22 April 2023 in Ann Arbor, Michigan. The conference is intended for academics in both law and related disciplines. Applications from graduate students, SJD/PhD candidates, postdoctoral researchers, lecturers, teaching fellows, and assistant professors (pre-tenure) who have not held an academic position for more than four years, are welcome. Applications are due by 9 January 2023.
  3. The African Disability Rights Yearbook (ADRY) calls for papers for publication in Section A of the ADRY in 2023 doctrinal articles not exceeding 10000 words, including footnotes and references, in compliance with the Pretoria University Law Press guidelines. The deadline for submission is 30 April 2023.
  4. The UNSW Gilbert + Tobin Centre of Public Law and ICON-S Australia-New Zealand invites scholars to attend the “Responsive Judicial Review? A Global Judicial Dialogue” hybrid seminar that will take place from 1:00-2:30 (AEDT) on Monday, 12 December, 2022. The hybrid event will feature Professor Rosalind Dixon in conversation with Justice Stephen Gageler (High Court of Australia), Justice Dhananjaya Y Chandrachud (Chief Justice of India), Justice Luís Roberto Barroso (Supreme Court of Brazil) and former Justice Manuel Cepeda (Constitutional Court of Colombia), about her forthcoming book “Responsive Judicial Review: Democracy and Dysfunction in the Modern Age” and will be chaired by Professor Lisa Burton-Crawford.
  5. The African Journal of Privacy and Data Protection of the Faculty of Law, University of Lagos Akoka-Lagos, Nigeria, with Pretoria University Law Press, South Africa, calls for papers focused on privacy and data protection issues in Africa and African countries. The authors interested in submitting a paper to the journal should submit an abstract of 500 words by 31 December 2022.
  6. Georgetown University Law Center, Stanford Law School, UCLA School of Law, the University of Pennsylvania, and the University of Southern California Center for Law, History, and Culture invite submissions for the 22nd meeting of the Law and Humanities Interdisciplinary Workshop, to be held at Georgetown Law Center, Washington, DC, on 24-25 May 2023. Deadline for submissions is 15 December 2022.
  7. The Global Constitutionalism Study Group and the Institute of Comparative Law, Waseda University invites all scholars with global perspectives, of international law, constitutional law, and international relations throughout the world to apply for participation in the Conference on Global Crisis and Global Legal Orders:“What should we now discuss for the Future of Global Legal Ordering?” (hybrid format), that will take place on 1-2 March 2023, Tokyo, Japan. Deadline for abstract submission is 30 November 2022 (to waseda-conference@list.waseda.jp)
  8. Professor Dr Ajla Škrbić (Freie Universität Berlin), with the support of Alexander von Humboldt Foundation, organises a two-day workshop on the topic “Combating Conflict-Related Sexual Violence – Comparative Insights on International and National Capacities” that will take place on 12-13 May 2023. The two-day workshop aims to bring together scholars and practitioners working on conflict-related sexual violence from different disciplinary perspectives, especially with a focus on gender. The deadline for submission of abstracts is 1 January 2023.
  9. The Working Group of Young Scholars in Public International Law (Arbeitskreis junger Völkerrechtswissenschaftler*innen – AjV) and the German Society of International Law (Deutsche Gesellschaft für Internationales Recht – DGIR) are pleased to invite PhD students and early career researchers to submit abstracts for their joint conference on “Progress and International Law” which will be held on 22-23 September 2023 at the University of Cologne. The keynote will be held by Judge of the ICJ Professor Hilary Charlesworth. The deadline for submission of abstracts is 16 January 2023. Selected candidates will be notified by 13 February 2023. Paper drafts must be submitted by 5 June 2023. Further queries can be addressed to info@ajv-mail.org.
  10. The University of Hong Kong invites applications for Global Academic Fellow position in the Department of Law. Interested applicants should have completed their final degrees (JD, JSD, or PhD) before the start of their appointments unless they possess significant practice experience. Applicants should apply online at the University’s careers site and upload the following 4 components: 1) an updated C.V., 2) a 3-page research agenda (including past, current and future projects), 3) a list of at least three academic references (who should be ready to submit letters if shortlisted immediately), and 4) a writing sample (under 50 pages). The call closed on 2 January 2023.
  11. The Committee on “New Directions in Scholarship” of the International Society of Public Law (ICON·S) facilitates the dissemination of works that have advanced the knowledge of Public Law and launches inclusive initiatives in public law research and methodology. Following the success of ICON·S Live, the Committee is already organizing a series of monthly virtual events dedicated to new books in public law titled “New Scholarship Showcase”.The Committee invites book proposals to be considered for the “New Scholarship Showcase” book discussion panels. We welcome books from scholars of all ranks around the world, on any topic in Public Law widely conceived especially in public international and administrative law. We are especially committed to advance diversity and inclusiveness. We particularly welcome book proposal from early-career scholars and from underrepresented groups in academia, especially people of color and women. To propose books for the committee to feature in its “New Scholarship Showcase” events, please email: iconsnewdirections@gmail.com. Proposals should include the book title, author’s name, and a short (3-5 sentence) explanation of the book’s contribution to the field. Self-nominations are welcome, as are proposals for edited volumes. The committee will consider books published in 2021 or later that are published in English or Spanish. Proposals will be considered on a rolling basis, but preference will be given to those submitted by 31 December 2022.

Elsewhere Online

  1. Kartik Kalra, Rekindling the Proportionality Test for Protective Discrimination Under Article 15(3) PART I, Indian Constitutional Law and Philosophy
  2. Jasper Krommendijk and Tijn Hendrikx, Picking Primacy over Procedural Autonomy, Verfassungsblog
  3. Devi Yusvitasari and Desi Yunitasari, Reducing Child Marriage in Indonesia: The Untapped Potential of the Marriage Law (2019), Oxford Human Rights Hub
  4. Aleksandra Jolkina, Seven Months in the Freezing Forest Why Events at the Latvian-Belarus Border Were Long Hidden From the Public, Verfassungsblog
  5. Frederick Cowell, The Three Areas of Opposition to the Human Rights Act, UK Constitutional Law Blog
  6. Hannah Ruschemeier, Nothing New in the West? The Executive Order on US Surveillance Activities and the GDPR, European Law Blog
  7. Christina Pazzanese, Biggest Loser in Midterm Election? The Supreme Court, The Harvard Gazzete
  8. Alan Whysall, Northen Ireland Dangers and Opportunities for London, The Constitution Unit
  9. Päivi Leino-Sandberg, Nature Restoration and Fundamental Rights National Budgetary Sovereignty as a Constraint to EU Legislative Competence, Verfassungsblog
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Published on November 22, 2022
Author:          Filed under: Developments
 

What’s New in Public Law

–Silvio Roberto Vinceti, Adjunct Lecturer, University of Modena and Reggio Emilia

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Supreme Court of Ireland ruled that the proposed ratification of the Comprehensive Economic and Trade Agreement between the EU and Canada as it now stands is unconstitutional.
  2. In a high-stakes case concerning an alleged “sweetheart” tax deal, the ECJ ruled that the Commission erred in identifying the applicable reference system.
  3. The ECtHR upheld the extradition of a UK citizen to the US despite the alleged risk of life imprisonment without parole.
  4. The Italian Constitutional Court returned the proceedings concerning irreducible life imprisonment’s constitutionality to the Court of Cassation.
  5. Ireland’s High Court upheld the constitutionality of the newly adopted Personal Injuries Guidelines.
  6. US Supreme Court Justice Gorsuch argued that the US Constitution’s Jury Trial Clause requires 12-person juries in serious criminal cases.

In the News

  1. the Republican Party is inching toward a House majority in the US midterm elections, while control of the Senate remains a tossup possibly to be decided in the December 6 Georgia runoff.
  2. Vermont, California, and Michigan codified the right to abortion in state constitutions, while voters in Kentucky rejected an amendment affirming that the right to abortion is not enshrined in the state constitution. Montana voters rejected the “Born Alive” ballot measure.
  3. EU Commission proposed a “stable, regular and predictable” support package to Ukraine.
  4. EU Parliament and EU Council reached an agreement on national emission reductions from transport, buildings, waste, and agriculture.
  5. Polish government requested suspension of the one million euro daily fine for failing to comply with judicial independence standards.
  6. A constitutional crisis looms over Kosovo in the wake of the resignation of Serb members of parliament, mayors, and judicial officials.

New Scholarship

  1. Caterina Milo The role of knowledge and medical involvement in the context of informed consent: a course or a blessing? (2022) (discussing issues of over-medicalization and de-medicalization in informed consent legal framework).
  2. Haukur Logi Karlsson The Emergence of the Established “By Law” Criterion for Reviewing European Judicial Appointments (2022) (discussing the role of the ECHR and CFR “establish by law” clause in safeguarding independence in judicial appointments).
  3. Yasser Kureshi Seeking Supremacy: The Pursuit of Judicial Power in Pakistan (2022) (describing Pakistan’s judiciary shift from a more deferential to more assertive and confrontational role toward military and civilian authorities).
  4. Susan Rose-Ackerman Democracy And Executive Power: Administrative Policymaking In Comparative Perspective (2022) (evaluating interactions between constitutional and administrative law in the executive rulemaking procedures in the US, UK, France, and Germany).
  5. Ewald Wiederin, Die Verfassungsgerichtsbarkeit in Österreich 1919–1939 (2022) (discussing the trajectory of constitutional review development in Austria).
  6. Danai Petropoulou Ionescu & Mariolina Eliantonio Soft Law Behind the Scenes: Transparency, Participation and the European Union’s Soft Law Making Process in the Field of Climate Change (2022) (shedding light on the soft law-making process in the context of climate change regulation).
  7. Vicente F. Benítez-Rojas Beyond Invalidation: Unorthodox Forms of Judicial Review of Constitutional Amendments and Constitution-amending Case Law in Colombia (2022) (discussing Colombia Constitutional Court’s case law on the judicial review of constitutional amendments and foreshadowing possible illiberal misuses).

Calls for Papers and Announcements

  1. University of Liverpool International Law and Human Rights Unit invites contributions to the conference “Distortion, Distillation, Disorder: International Law and Critique Twenty Years After the Invasion of Iraq” to take place at the University of Liverpool on March, 27-28, 2023. The abstract deadline is on November 18, 2022.
  2. The European Society of International Law calls for papers for its 18th Annual Conference on the theme “Is international law fair?” that will be held in hybrid form in Aix-en-Provence and online from August 31 to September 2, 2023, with pre-conference workshops on August 30-31. The deadline for abstract submission is January 31, 2023.
  3. The Race and Rights Lab of the Klau Institute for Civil and Human Rights at the University of Notre Dame invites paper proposals for a Workshop on Race and International Relations to take place at the University of Notre Dame’s Keough School of Global Affairs on March 31, 2023. The deadline for abstract submissions is December 20, 2022.
  4. invites manuscript submissions for an Open Access Supplement on “Reimagining Public Health Preparedness With Lessons From COVID-19.” Papers should be submitted before January 17, 2023.
  5. Edinburgh Law School announced the 9th edition of the annual Edinburgh Postgraduate Law Conference on the theme “Law in the 21st Century Challenges and Adaptations.” The conference will take place in a hybrid format on May 30-31, 2023, with panels online and in-person at the Edinburgh Law School. Abstracts are due by January 1, 2023.
  6. The University of Chicago Law School seeks a Law & Philosophy Fellow for the academic year 2023-24. Application is due by January 27, 2023.
  7. Jindal Global Law Review calls for expressions of interest to review titles for its upcoming issue on “Critical Constitutionalism: Power, Rights, Justice,” to be published in June 2023. Expressions of interest are due by November 20, 2022.
  8. Comparative law scholars are invited to submit a paper proposal for presentation at the Annual Comparative Law Work-in-Progress Workshop that will take place at the University of Pennsylvania Law School on January 19-21, 2023. Papers are due by November 18, 2022.
  9. The University of York and the Globalization and Law Network at Maastricht University will host an event to discuss Anu Bradford’s 2020 book “The Brussels Effect: How the European Union Rules the World.” The event will take place at the Maastricht University Campus on December 15, 2022.

Elsewhere Online

  1. Daphne Keller The EU’s new Digital Services Act and the Rest of the World Verfassungsblog
  2. Carna Pistan, Bosnia and Herzegovina: The Constitutional Court Protects the Rule of Law Against Illiberal Memory Politics IACL-AIDC Blog
  3. M. Lutfi Chakim  The Indonesian Proposal to Establish a Constitutional Supremacy Index IACL-AIDC Blog
  4. Merris Amos The place of human rights in the Constitution of the United Kingdom U.K. Constitutional Law Blog
  5. Michael C. Dorf Should District Judges Appoint Historians as Neutral Experts? The Legislative Fact Problem Dorf on Law
  6. Marco Bronckers The EU’s Inconsistent Approach towards Sustainability Treaties: Due diligence legislation v. trade policy EJIL:Talk!
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Published on November 14, 2022
Author:          Filed under: Developments
 

The Enforcement of International Human Rights Standards on Personal Liberty and the Presumption of Innocence in Mexico: When the Supreme Court Became its Own Worst Enemy

—Mariana Velasco-Rivera, National University of Ireland Maynooth, School of Law and Criminology; Co-Editor, IACL Blog. Twitter: @marisconsin.

[Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.]

In her forthcoming book, ‘Responsive Judicial Review – Democracy and Dysfunction in the Modern Age’, Rosalind Dixon puts apex courts at the front and center of the endeavor of defending and enhancing constitutional democracy. One of the central premises of Dixon’s argument is that in order to perform such a role, constitutional judges need to be strategic in crafting opinions so as to create legislative-judicial dialogue and, in the last instance, avoid democratic backlash. Recent developments in Mexico illustrate that, when it comes to creating the proper conditions for constitutional adjudication, courts have the potential to become their own worst enemy. To be able to defend and enhance constitutional democracy (in this case, guaranteeing the enforcement of international human rights standards) perhaps judges not only need to be strategic in terms of crafting decisions but also in handling communications regarding their work and how they engage with the public.  

Last September, the Mexican Supreme Court once again came into focus in the context of three high-profile cases, two in abstract review (Acción de Inconstitucionalidad 130/2019 and 136/2019) and one individual constitutional complaint (Amparo en Revisión 355/2021), that involved the possibility of doing away with a problematic landmark judgment (Contradicción de Tesis 293/2011) decided in 2013. The 2013 decision effectively undid a constitutional amendment adopted in 2011 (known as the human rights amendment) that incorporated the notion of a ‘constitutional bloc’—that is, the incorporation of international human rights treaties as part of the constitution. However, after sheer political pressure by the federal government and 19 (out of 32) governors, the Supreme Court postponed the adjudication of these cases.

Specifically, the cases concerned a question regarding the constitutionality of automatic pre-trial detention (prisión preventiva oficiosa) as provided in the national code of criminal procedure (Código Nacional de Procedimientos Penales) and the national security statute (Ley de Seguridad Nacional). Notably, automatic pre-trial detention is constitutionally entrenched. It was constitutionally codified in article 19 as part of an exception regime to the constitutional amendment that introduced the accusatory system in 2008— in theory, a progressive criminal law system that would better protect, among other things, the presumption of innocence. When it comes to the catalogue of crimes identified in article 19, judges do not consider whether pre-trial detention is necessary to ensure a defendant is brought to trial. Instead, detention is ordered automatically for the sole reason of being accused of committing a crime listed in article 19.

Automatic pre-trial detention has become one of the most (if not the most) prominent features of penal policy across presidential administrations in Mexico. To this day, 40.8%  of people in prison have not gone to trial and/or have not been convicted. The catalogue of crimes included in article 19 has been expanded since 2008. Its most recent (and largest) expansion, led by the current government, took place in 2019.

Read the rest of this entry…
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Published on November 9, 2022
Author:          Filed under: Developments
 
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What’s New in Public Law

—Robert Rybski, Assistant Professor at the Faculty of Law and Administration of the University of Warsaw, Rector’s Plenipotentiary for Environment and Sustainable Development.

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere. To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. Ukraine’s Constitutional Court declared a constitutional amendment abolishing parliamentary immunity as constitutional.
  2. The Constitutional Court of Latvia found unconstitutional a regulation banning persons serving prison sentences from voting in local elections.
  3. The Constitutional Court of Georgia revoked provisions penalizing the production and dissemination of pornography without placing pornography within the realms of free speech.
  4. The President of Kazakhstan signed a constitutional amendment re-establishing the Constitutional Court of Kazahstan.
  5. U.S. Supreme Court might end affirmative action.

In the News

  1. United Nations COP27 climate summit started with a delay in Egypt.
  2. On the eve of World Cup 2022 European football associations remind FIFA that “human rights are universal and apply everywhere”.
  3. UK public order bill targets climate protesters.
  4. Brazilian President asked his supporters to withdraw from road blockages after losing elections.
  5. An amendment removing Jim Crow-era language in Alabama Constitution goes to vote.
  6. Turkish President announces plans to replace the 1980 Constitution with a new one.
  7. One of the only original U.S. Constitution copies goes up for auction.

New Scholarship

  1. Kamila Rezmer-Płotka, Why Women Became the Enemy of Democracy in Poland? The Illiberal Regime’s Response to the Women’ Rights Movement, Przegląd Politologiczny 2022 No. 3 (explains the Polish government’s attitude towards women as an enemy of democracy at the institutional level during the two waves of protests. The study shows that during the period considered, restrictions specific to neo-militant democracies in the area of assembly and association, speech and press, and restrictions on religious freedom were imposed to limit the activity of protesters viewed as enemies of the democratic system.)
  2. Michael J. Gerhardt, How Impeachment Works, Missouri Law Review 2022 vol. 87 (explores how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials)
  3. Zhong Zhang, Ruling the Country without Law: The Insoluble Dilemma of Transforming China into a Law-Governed Country (2022), Asian Journal of Comparative Law (explores an insoluble dilemma in China where despite more than 40 years of legislation to build a ‘law-governed country’, the Communist Party of China has to rule the country extralegally to avoid legal challenges to the supremacy of its rule)
  4. Maartje De Visser, Promoting Constitutional Literacy: What Role for Courts?, German Law Journal 2022, vol. 23 (explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order)
  5. Benjamin Nurkić, Radbruch’s Formula in the Constitution of Bosnia and Herzegovina – Untapped Potential for Strengthening the Rule of Law, Društvene i humanističke studije DHS 2022 No. 3 (explores the similarity between Radbruch’s Formula and provision VI/3(c) of the Constitution of Bosnia and Herzegovina, which regulates the possibility of initiating a concrete review of the constitutionality of laws by ordinary courts)

Calls for Papers and Announcements

  1. IACL published a statement: “Constitutional Law Scholars Condemn Violations of International and Constitutional Law as a Consequence of the Russian Invasion of Ukraine”.
  2. International Law at Westminster (ILaW) research group invites for an online launch of the book “Animals in the International Law of Armed Conflict” on 16. November 2022 (17.30 GMT). Registration is available here.
  3. The Center for International Affairs of the Faculty of Law at Ruhr-University Bochum invites applications for a research associate position for a limited period of 3 years. The deadline is 15. November 2022.
  4. The Sub-Himalayan Research Institute invites authors to contribute to its Climate Change Justice project, which will lead to an online international conference in late April 2023, followed by the publication of selected contributions as chapters of a collective book. Interested contributors are asked to send 500-1000 words abstract of their proposed paper using this form by 25. November 2022. For further information, please write to: shriclimatejustice@gmail.com
  5. The Global Constitutionalism Study Group and the Institute of Comparative Law, Waseda University invite all scholars with global perspectives of international law, constitutional law, and international relations to participate in the Conference on Global Crisis and Global Legal Orders – “What Should we Now Discuss for the Future of Global Legal Ordering?” taking place in Tokyo (with online participation) on 1-2 March 2023. Organizers await abstracts till 30. November 2022.
  6. Registration for the 2022 World Congress of Constitutional Law closes on 15. November 2022.
  7. Journal of Race, Gender, and Ethnicity invites to its virtual Annual Symposium
  8. “Democracy in Disrepair? Examining the Continued Legitimacy of the Supreme Court” on 15. March 2023. Abstracts should be 250-500 words and sent by 14. November 2022 to: tgraham3@tourolaw.edu.

Elsewhere Online

  1. Paweł Marcisz, A Chamber of Certain Liability. A Story of Latest Reforms in the Polish Supreme Court, Verfassungsblog
  2. Andre Sleiman, Unpacking the Ethno-Federalist Narrative in Lebanon: A Socio-Historic Analysis, IACL-Blog
  3. Jannani M, Regressive, Sexist, and Unconstitutional, Verfassungsblog
  4. Emilio Peluso Neder Meyer, Brazilian Presidential Elections Results: Curbing Democratic Erosion?, Verfassungsblog
  5. Philipp Leitner, Julia Zöchling, With or Without Hungary. The Rule of Law Conditionality Regulation and the Elephant in the Voting Room, Verfassungsblog
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Published on November 9, 2022
Author:          Filed under: Developments