Recent Posts

The UK Government’s Position on Unwilling & Unable

by Jens David Ohlin

Happy Thanksgiving.  As those of us in the United States celebrate our Thanksgiving holiday, it is of course imperative to remember that many people outside our country are facing serious problems and perilous circumstances.

In response to the terror attacks in Paris (and in Mali), the government of UK Prime Minister David Cameron has once again called on British lawmakers to authorize the use of military force in Syria. Cameron released a document that not only articulates the strategic necessity for military action against ISIS, but also outlines the Cameron administration’s legal position regarding the legality of the proposed strikes under international law. Unsurprisingly, the argument relies on the fact that the Syria government is unwilling or unable to stop the ISIS threat.

The following excerpt is taken from a longer document released by Cameron and sent to the British Parliament’s Foreign Affairs Committee. Here is the critical section dealing with international law:

There is now a UN Security Council Resolution. Resolution 2249 (of 20 November 2015) has now made a clear and unanimous determination that ISIL “constitutes a global and unprecedented threat to international peace and security”, and called upon Member States to take “all necessary measures … to prevent and suppress terrorist acts committed specifically by ISIL… and to eradicate the safe haven they have established over significant parts of Iraq and Syria.” There is a clear legal basis for military action against ISIL in Syria. The legality of UK strikes against ISIL in Syria is founded on the right of self-defence as it is recognised in Article 51 of the UN Charter. The right to self-defence may be exercised individually where it is necessary to the UK’s own defence, and collectively in the defence of our friends and allies. This reflects the multi-faceted and evolving threat that ISIL poses, and the response that is required to bring that threat to an effective end.

Collective Self Defence of Iraq

On 20 September 2014 the Government of Iraq wrote to the President of the UN Security Council seeking international assistance to strike ISIL sites and military strongholds, in order to end the constant threat to Iraq, protect Iraq’s citizens and, ultimately, arm Iraqi forces and enable them to regain control of Iraq’s borders. The main basis of the Global Coalition’s actions against ISIL in Syria is the collective self-defence of Iraq. The UK is already supporting the Coalition’s efforts to degrade ISIL in Syria as a necessary aspect of effectively bringing an end to ISIL’s armed attack on Iraq. On 21 October 2014, the Defence Secretary announced to Parliament that he was authorising flights of manned and unmanned surveillance aircraft over Syria to gather intelligence against ISIL. There is a solid basis of evidence on which to conclude, firstly, that there is a direct link between the presence and activities of ISIL in Syria and their ongoing attack on Iraq and, secondly, that the Assad regime is unwilling and/or unable to take action necessary to prevent ISIL’s continuing attack on Iraq.

In light of these considerations and the scale of the threat posed by ISIL, military action that is necessary and proportionate to bring an end to ISIL’s attack on Iraq is justified in accordance with the right of collective self-defence that is preserved in Article 51 of the UN Charter. The Coalition has relied on this legal basis for military action in Syria. Numerous States, including the USA, Australia, Canada and France have written to the UN Security Council explaining that they are taking action on the basis of the right of collective self-­defence. In accordance with the requirements of Article 51 of the UN Charter, the UK notified the UN Security Council that it was taking military action as part of the Coalition’s efforts in the collective self-defence of Iraq by a letter of 25 November 2014. The underlying considerations which justified collective self-defence of Iraq for UK activity in Syria in 2014 remain today. The collective self-defence of Iraq provides a clear legal basis for the UK to increase its contribution to the Coalition’s efforts against ISIL in Syria by taking direct military action itself, provided such activity meets the ongoing requirements of necessity and proportionality.

ISIL’s threat to the UK and its attack on our Allies and partners

The threat from ISIL continues to evolve and now goes far beyond Iraq and Syria, as is all too clear from the external attack planning disrupted by the precision UK strike of 21 August (as I reported to the House on 7 September) and the tragic events of 13 November in Paris. For several months now, UK security agencies have been monitoring the development of ISIL’s external attack planning capacity, which seeks to target both the UK and our allies and partners around the world. Resolution 2249 (2015) both condemns the ISIL’s horrendous attacks that have taken place and notes ISIL’s intent and capability to carry out further attacks. It then calls upon States to take lawful action to prevent such attacks. It is clear that ISIL’s campaign against the UK and our allies has reached the level of an “armed attack” such that force may lawfully be used in self-defence to prevent further atrocities being committed by ISIL. As well as the collective self-defence of Iraq, there is therefore an additional legal basis to take action in our own self-defence and that of other allies and partners as well, where they request our assistance. The use of force in self-defence is of course limited to what is necessary and proportionate and we have made clear that we will act at all times in accordance with the law.

International Law Does Not Prohibit Commercial Asteroid Mining. Nor Should It.

by Julian Ku

Last week, the U.S. Congress passed the US Commercial Space Launch Competitiveness Act of 2015 (or the “Space Act”), which will authorize private U.S. companies to own and sell resources they extract from objects in space. Supporters (and detractors) are calling this historic, because it is the first time the U.S. government has plainly authorized commercial exploitation of outer space resources.  Here is some key language from the bill, which President Obama is expected to sign.

§ 51303. Asteroid resource and space resource rights

“A United States citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States.”.

This provision has been criticized as violating U.S. obligations under the Outer Space Treaty of 1967.  Chief among those obligations is Article I of that treaty:

The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.

There is also Article II, which seems to restrict claims of sovereignty in outer space.

Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.
The Space Act of 2015 tries to avoid this potential conflict by limiting itself to authorizing private citizen (as opposed to “national”) exploitation, and subjecting that exploitation to “international obligations of the United States.”  The Act also goes on to “disclaim” extraterritorial sovereignty (shouldn’t that be “extraterrestrial” by the way?)

It is the sense of Congress that by the enactment of this Act, the United States does not thereby assert sovereignty or sovereign or exclusive rights or jurisdiction over, or the ownership of, any celestial body.

I think the law’s backers are correct that it does not violate US treaty obligations. All it does is allow private US citizens to “possess, own, transport, use, and sell” extraterrestrial resources without violating U.S. law.

On the other hand, it is also true that other spacefaring countries could allow their citizens to do the same.  Indeed, I think their government space agencies could probably also do so, als long as they are not “claiming sovereignty.”  Without an explicit international treaty regulating commercial space resource exploitation, it will ultimately be a question of each country’s domestic regulations.   Can the U.S. live with that result?

I think it can.  In my view, the UN Law of the Sea created a complicated bureaucracy for handling management of the international seabed, way before any commercial exploitation of that seabed was even possible.  We don’t know yet what types of exploitation are feasible, and we might as well let this process evolve on its own before demanding a worldwide international treaty on the subject.  There will be plenty of time for that.

Apparently, I’m a 9/11 Truther (Al-Bahlul Revisited)

by Kevin Jon Heller

Only a “truther” who denies that al-Qaeda was responsible for 9/11 could doubt the international law basis for holding al Bahlul accountable for his role in this completed war crime.

So Peter Margulies argues in his latest attempt to defend the indefensible: al-Bahlul’s conviction for the non-existent war crime of conspiracy as an inchoate offence. To describe the accusation as offensive is an understatement, given that it accuses not only me and Steve Vladeck of being 9/11 truthers, but Judge Tatel and Judge Rogers, as well.

Even worse, though, Margulies’ arguments seem to have gotten even more problematic over time. Let’s take an in-depth look at his post. Here is how it opens:

Our amicus brief argued that upholding al Bahlul’s conviction would permit military commissions to try only a “narrow class” of cases outside commissions’ accepted jurisdiction…

Points for openly admitting that the military commissions’ “accepted jurisdiction” does not include jurisdiction over non-existent war crimes such as conspiracy. But no points for the claim that we shouldn’t hold courts to their actual jurisdiction as long as we are only letting them exceed their actual jurisdiction occasionally, in a “narrow class” of cases. You know, when it’s really, really important to let them exceed their actual jurisdiction. Last time I checked, jurisdiction wasn’t just a suggestion about the kind of cases a court can hear.


Al Bahlul challenged his conspiracy conviction on Article III grounds because international tribunals such as Nuremberg have generally declined to try defendants for engaging in an inchoate, stand-alone conspiracy (e.g., an agreement without a completed crime).

Note the fudge: “generally.” Not generally. Always. No international tribunal has ever convicted a defendant of conspiracy to commit a war crime. Not one…

Weekly News Wrap: Monday, November 23, 2015

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:


Middle East and Northern Africa






Events and Announcements: November 23, 2015

by Jessica Dorsey


  • Guest Researchers – Focus on the Environment and the International Judiciary: PluriCourts invite researchers in the field of law, political science, and philosophy with a focus on the environment and the international judiciary to apply for visiting research fellowship. The positions as guest researchers can vary between 3 to 12 months. We encourage applicants to apply as soon as possible and will prioritize applications for the academic year 2016. PluriCourts allocate financial support to selected researchers with a topic of special interest for the centre, but without other funding for travel and accommodation. Please indicate in the application the need for financial support (only for stays between 6 -12 months). For more information about the positions and how to apply, visit PluriCourts’ website.

Calls for Papers

  • The Editors of the Melbourne Journal of International Law (‘MJIL’), Australia’s premier generalist international law journal, are now inviting submissions for volume 17(1) by January 31, 2016. MJIL is a peer-reviewed academic journal based at the University of Melbourne which publishes innovative scholarly research and critical examination of issues in international law. Submissions and inquiries can be directed to law-mjil [at] unimelb [dot] edu [dot] au. For more information, please visit the website here.
  • The ILA British Branch Spring Conference 2016 on “Non-State Actors and Changing Relations in International Law” will be held at Lancaster University on 8-9 April 2016. This conference will examine the changing role of non-state actors in international law and their impact on law-making, obligations, responsibility and dispute settlement. We welcome papers on this subject, which might include, but are by no means limited to: (1) the nature and position of non-state actors within the international legal system; (2) their role with respect to the sources of international law, which may include their role in the formation of custom and in the conclusion of treaties; (3) the source and scope of obligations for particular non-state actors, such as businesses or corporations (e.g. sanctions, human rights, modern slavery), sporting bodies and organised armed groups; (4) the potential responsibility of these actors and its relationship to state responsibility; (5) the position of these actors in dispute resolution and enforcement mechanisms, whether judicial institutions, organs of international organisations or treaty regimes; (6) the special roles of non-state actors in particular areas of international law, such as international environmental law, international economic law (including investment law), the international law of armed conflict, international human rights law and international criminal law, amongst others. For further details see here. Abstracts of no more than 500 words should be submitted to j [dot] summers [at] lancaster [dot] ac [dot] uk by 31 January 2016.


  • Reforms of the Individual complaint mechanisms in the UN treaty bodies and the European Court of Human Rights: Symptoms and Prescriptions – Mutual Lessons? The concluding conference of the MultiRights project will take place at the University of Oslo on February 29 and 1 March 2016. The conference will focus on analyzing and comparing the reform processes of the UN treaty bodies and of the European Court of Human Rights (ECtHR) aiming at finding mutual learning experiences. A particular focus will be given to the following issues: 1) Procedure of selection of members and judges; 2) Case load situation; 3) Quality of reasoning; and 4) Margin of appreciation and subsidiarity For more information and to register for the event, please visit the conference website.

Our previous events and announcements post can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

A Treaty or Not a Treaty? My Senate Testimony About the Paris Climate Change Agreement

by Julian Ku

I had the honor and pleasure of testifying today before the U.S. Senate’s Environment and Public Works Committee.  The topic of the hearing was “Examining International Climate Negotiations” and the upcoming conference in Paris. My own contribution argued that an agreement with legally binding emissions reduction obligations should be submitted to the Senate as a treaty rather than as a sole executive agreement.  I further argued that the Senate should require to the State Department to clarify which parts of a climate change agreement are legally binding, and which ones are merely non-binding political commitments.

You can watch the oral testimony and the questions below on C-SPAN (my testimony starts around the 11’40” mark. Almost all of the testimony has to do with the substantive merits of such an agreement (about which I express no opinion), as opposed to the legal aspects. So I will go ahead and declare victory for my argument by default.

The ICC Gets Its New Headquarters — and They Are Amazing

by Kevin Jon Heller

A couple of years ago, I praised the winning design for the ICC’s permanent home but acknowledged that I preferred a different one. I’m happy to report that I was wrong, at least aesthetically: the Court’s new headquarters are absolutely beautiful. Here are a few photos:




You can tell the Court’s staff is eager to move into their new home, because there is a large sign in the current building’s foyer that is actually counting down the time. And I don’t blame them — the complex really is an architectural masterpiece.

That said, I confess that I still find the move a bit troubling, both because of the cost — approximately €190,000,000, though the ICC website dedicated to the project is strangely silent about finances — and because the grandeur of the new headquarters far surpasses the Court’s accomplishments to date. We can only hope that the Court grows into its new home — I would hate to see such magnificence wasted on rebels like Ongwen and deposed leaders like Gbagbo. This is the kind of dock suitable for the Bushes and Blairs of the world.

PS: On Facebook, my friend and SOAS colleague Stephen Hopgood — author of the must-read The Endtimes of Human Rights — criticises the “distant, imperious and abstract concept of justice” this kind of minimalist High Modernist architecture “symbolise[s] for the peoples of the whole, diverse world.” I think that’s an excellent point.

McAuliffe on the ICC and “Creeping Cosmopolitanism”

by Kevin Jon Heller

As I was researching a new essay on complementarity, I stumbled across a fantastic article in the Chinese Journal of International Law by Paidrag McAuliffe, a Senior Lecturer at the University of Liverpool School of Law. Here is the abstract of the article, which is entitled “From Watchdog to Workhorse: Explaining the Emergence of the ICC’s Burden-sharing Policy as an Example of Creeping Cosmopolitanism”:

Though it was initially presumed that the primary role of the International Criminal Court (ICC) would be a residual one of monitoring and ensuring the fulfilment by the State of its obligations under the Rome Statute, it has over time moved towards a more activist “burden-sharing” role. Here, the Office of the Prosecutor initiates prosecutions of the leaders who bear the most responsibility for the most egregious crimes and encourages national prosecutions for the lower-ranking perpetrators. Since at least 2006, the Prosecutor has committed to a formal policy of inviting and welcoming voluntary referrals as a first step in triggering the jurisdiction of the Court. The judges on the Court have approved these referrals, while the broader academic and activist communities welcomed this more vertical relationship with national jurisdictions and, significantly, have provided the intellectual justifications for it. Burden-sharing, a concept unmentioned at the Rome Conference establishing the ICC, is presented as an unproblematic, natural and organic emanation from the Statute. This article argues that this development was not in fact inevitable or mandated by the Rome Statute. It was chosen, and in justifying this choice, familiar modes of cosmopolitan-constitutionalist treaty interpretation fundamentally premised on the field’s virtue and indispensability have operated to enable a Court established as a residual watchdog to become a workhorse in individual situations by assuming the preponderance of responsibility for combating impunity.

I found myself repeatedly nodding my head in agreement while I read the article, particularly when it discussed how judges, prosecutors, scholars, and activists have relied on ambiguities in treaty interpretation to push a particular activist agenda at the ICC. The article reminds me of the critical ICL scholarship by two of my favourite scholars, Fred Megret and Darryl Robinson — both of whom the article cites quite often.

The article is a must read for anyone interested in the ICC and ICL scholarship more generally. You can find it here.

A Short Response to Ilya Somin: Does Self-Defense Mean the U.S. Can Invade and Occupy Syria?

by Julian Ku

Ilya Somin has updated his post at the Volokh Conspiracy to include my critique, and his response to my critique. I just want to add two more points to our little debate on the domestic legal effect of the North Atlantic Treaty’s Article V collective self-defense clause before we put it to rest. (For those of you looking for a broader discussion on the Paris attacks than our legal parsing, I recommending joining this Federalist Society teleforum today here at 2 p.m. EST).

1) Ilya argues that “[w]hile the use of force is discretionary under Article 5, treating an attack on an ally within the designated area as if it were an attack on the US itself is not… And in the event of an enemy attack on the US itself, the president has the legal authority to use force of his own volition, without additional congressional authorization”.

This is an interesting point, and I agree with Ilya that the President can use military force to defend the U.S. without going back to Congress.  So Ilya is reading Article V as a pre-authorization to the President to defend treaty allies with military force as if it were an attack on the United States.But this reading calls into question how much military force the President can use under this “pure” self defense rationale.  Surely, President Bush was authorized to defend U.S. territory on 9/11 and its immediate aftermath.   But did the 9/11 attacks also authorize the President to start bombing, and then to invade Afghanistan, without going back to Congress?  In other words, does the self-defense rationale allow all offensive actions against the attacker up to and including invasion and occupation of another country?

Similarly, do the Paris attacks(assuming Article V were invoked) allow President Obama to launch military strikes (and maybe invade and occupy) Syria?  Surely, the President could have ordered U.S. forces to defend France without Congress. But I’m just not sure the Article V self-defense rationale gets Ilya all the way to a full-scale war on ISIS.

2) On a historical note, Ilya takes issue with my characterization of the legal rationale for Article V as allowing the U.S. and its allies to comply with the UN Charter’s rules on the use of military force.  He argues that “[t]he true main purpose of Article 5 is to commit the signatories to a system of collective defense against attack…”

I don’t disagree that this was Article V’s “main” purpose, but my original post was focused on the legal purpose of Article V.  On that front, I think it is safe to say Article V was about ensuring NATO was in compliance with the then-new UN Charter, and much less about re-allocating war powers under the U.S. Constitution.

I should hasten to add that I am in favor of a robust military response to the Paris attacks (actually, I was in favor of a robust response before the Paris attacks too).  And unlike Ilya, I think the President has broad powers under the Constitution to use military force without explicit congressional authorization.  I just don’t think collective self-defense treaties like Article V are needed to authorize unilateral presidential action against ISIS.

Weekly News Wrap: Monday, November 16, 2015

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:


Middle East and Northern Africa






Should the U.S. Even Bother to Invoke Article V of the North Atlantic Treaty After Paris?

by Julian Ku

Ilya Somin of the Volokh Conspiracy has suggested that if NATO invokes Article V’s collective self-defense language against ISIS as a result of the terrible Paris attacks over the weekend, President Obama’s ongoing use of military force against ISIS could be “legalized” as a matter of U.S. constitutional law.  Here is Ilya:

Article 5 provides a much stronger justification for the war against ISIS than the previous extremely dubious rationalizations presented by the Obama administration. But it cannot retroactively legalize the President’s previous illegal actions, or the similarly unconstitutional war against Libya in 2011.

I agree with Ilya that the Obama Administration’s current domestic legal justification for the war against the Islamic State is sketchy at best.  But I am not sure I agree with him that Article V should be read as a “pre-authorization” for the President to use military force without going back to Congress for a specific authorization.

Here is the full text of Article V:

The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.

Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security .

I agree that the horrible Paris attacks would constitute an “armed attack” on a member of NATO “in Europe or North America.”  But I don’t think Article V requires the other NATO members to provide military assistance.  Rather, “if such an armed attack occurs,” a NATO member “will assist the Party so attacked [France]…by taking forthwith…such action as it deems necessary, including the use of armed force.” (emphasis added).

I read this language as requiring the U.S (for instance) to assist the attacked party (France), and that this assistance could “include the use of armed force.”  But I don’t think it has to.

Moreover, Article IX of the North Atlantic Treaty states that “[t]his Treaty shall be ratified and its provisions carried out by the Parties in accordance with their respective constitutional processes.” (emphasis added).  I read this as requiring Parties to carry out provisions like Article V “in accordance with their respective constitutional processes.”  If you are someone who believes that Congress must authorize the use of force by the President in most cases, than this language would mean that the President has to go back to Congress.  This might actually happen. Republican presidential candidate Jeb Bush actually called for a “declaration of war on ISiS” today.  

Of course, if you believe (as I do) that the President has independent constitutional authority to use military force without Congress in most circumstances, than all Article XI does not limit the President much.

In any event, I don’t think it makes sense to read the NATO Treaty as saying much at all about domestic allocation of war powers.  The main legal purpose of Article V was (is) to allow NATO countries to act consistently with the U.N. Charter’s limitations on the use of force (such as they are).  Invoking Article V should allow the U.S. to use armed force to assist France consistently with the UN Charter.  That might have mattered if the U.S. and France weren’t already using military force against ISIS in Syria in ways somewhat inconsistently with the UN Charter.  But they have been bombing for months already, so I am not sure it is even worth invoking Article V at this point.

Events and Announcements: November 15, 2015

by Jessica Dorsey

Sponsored Announcement

  • EIUC and its partner universities Birzeit University (Palestine), Saint Joseph University (Lebanon), International University of Rabat (Morocco) and Ca’ Foscari University (Italy) are proud to present to you the second edition of the Master in Democratic Governance – Democracy and Human Rights in the Mena Region (DE.MA), starting in January 2016. DE.MA is a multidisciplinary curriculum offering courses in law, political science, sociology and other fields relevant to the study of democratic governance and Human Rights. Open to professionals and graduates, it will combine a theoretical and practical approach and it will deliver a professional Master’s degree (60 ECTS) from Ca’ Foscari University, Venice. The first semester from January to April 2016 is held at the EIUC premises in Venice and the second one from April to July 2016 takes place in one of the partner universities in the Master’s Consortium.

    This is meant to play an active role in the ongoing debate about the principles underpinning the transition of political regimes to democracy. It aims at:

    • Creating high-profile experts in the fields of democratic governance and the protection of human rights, allowing them to act as promoters of a process leading to the affirmation of the democratic principles;
    • Fostering the creation of an élite group of people committed to the promotion of democratic institutions;
    • Building a network of experts to be active in political institutions, in national and international, governmental and non-governmental organizations in the Region.

    Interested? Here are the practicalities: Registration deadline: 16 Nov 2015; First semester dates: 4 January 2016 to 15 April 2016; Second semester dates: from 18 April to 15 July 2016 Language: English, (knowledge of French and Arabic recommended); Teaching method: Face-to-face teaching. Tuition Fees: 3.750 euro. Tuition Waivers/Scholarships: EIUC offers financial support in the form of a partial contribution towards living expenses and/or a full or partial tuition waiver. This type of financial support is awarded to a limited number of students on the basis of academic achievement, need and geographical distribution. More information on the DE.MA, the professors and the programme can be found here.


  • The Department of the Navy, Office of the General Counsel has an open billet for a GS 15-equivalent attorney to join Strategic Systems Program’s International Law team. The details of the billet are attached and are accessible via this link. The job is focused on treaty implementation and compliance (emphasis on arms control treaties), foreign military sales, and U.S. export controls. The ad closes on Monday, November 16th.

Calls for Papers

  • The ASIL International Economic Law Interest Group will hold a works-in-progress workshop on Friday, January 29, in Philadelphia, at the Wharton School.  If you are interested in presenting a paper at the workshop, please submit an abstract by the end of the day on November 31st, 2015 to submissions [at] asil [dot] org. Please place “IECLIG Works in Progress submission” in the subject line of your submission. Abstracts can range from a paragraph in length to a page, and should include the author’s name and institutional affiliation. Papers should relate to the study of international economic law, broadly construed, be it related to private ordering, trade, investment, finance, or any of the other subjects that constrain the way that business is done across borders. The workshop is designed to offer a resource for those who cannot attend our December Heidelberg workshop done in conjunction with ESIL, to help scholars prepare for the February publication cycle, and to continue to broaden and deepen the interest group’s intellectual community. Papers selected for presentation will need to be submitted on January 15th; they will be circulated to the attendees of the workshop.  Attendees will accordingly be able to comment on all of the papers during the workshop, and may also be given responsibility to lead the discussion of one of them in particular. One need not present a paper or comment on a paper to participate. As is the norm for workshops sponsored by ASIL interest groups, participants will need to cover their own travel expenses.  Please do not hesitate to contact us should you have any questions about the workshop or paper submissions.


  • On Friday 27 November 2015, the Research Unit in Law at the University of Luxembourg will be holding a conference on ‘Frontex: legal questions and current controversies’. The conference will examine various legal issues concerning the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) and its activities. Europe is faced with an ongoing influx of migrants, causing political controversy and public concern, and placing a critical focus on Frontex. The event will provide a platform for discussing of a number of issues starting with the legal status of Frontex in the EU legal order. Panels will cover the agency’s operational mandate and international activities and question its position as an actor on the global arena. The conference will also address the functional reality of joint operations
    led by the Agency. Matters related to Human Rights and the legal responsibility for agency activities will be discussed. An emphasis with be placed on particular cases of search and rescue operations, return operations and the obligation of non-refoulement under international law. The conference will bring together academics and practitioners from EU and international law backgrounds. Given the current refugee crisis and with Luxembourg currently holding the EU Presidency, the event could hardly be better-timed or placed. Details about the conference and how to register can be found here.
  • On 2 December 2015, on the occasion of its 50th anniversary (1965 – 2015), the T.M.C. Asser Instituut is launching the T.M.C. Asser Lecture for the benefit of The Hague’s national and international legal community, scholars, practitioners, judges, policy-makers and journalists who will be able to enjoy, on an annual basis, a lecture by an internationally renowned jurist and outstanding public intellectual. The Inaugural T.M.C. Asser Lecture, entitled, “Peace in the Middle East: Has International Law Failed?” will be delivered by Professor Joseph Weiler, President of the European University Institute in Florence, Italy, and University Professor at NYU School of Law. To further commemorate the Institute’s 50th anniversary, the afternoon’s programme includes the presentation of the first copy of the specially published Asser Jubilee Book entitled ‘Fundamental Rights in International and European Law. Public and Private Law Perspectives’, to Mr. Ard van der Steur, Minister of Security and Justice of the Kingdom of The Netherlands. With this annual lecture series, the T.M.C. Asser Instituut aims to contribute to The Hague’s tradition of promoting peace and international law. For further information, please consult the T.M.C. Asser website.
  • On the 14th of December 2015, a Seminar on Extraterritoriality in Port State Jurisdiction organized by the UNIJURIS research group will take place at the Faculty of Law of Utrecht University. The seminar will be divided into four thematic panels. The first two sessions will deal with approaches to port state extraterritoriality, the first focused upon the international shipping sector and the second upon the international fishing sector. The third panel addresses the question of advancing adequate labour conditions through port state extraterritoriality, and the final panel reviews whether there is a clash between the existing approaches and increasing port state extraterritoriality. The seminar will take place in Utrecht from 11:00 – 18:00 hours. For more information, please see the flyer: UNIJURIS seminar on PSJ. Participation is free but participants are kindly required to register before the 10th of December at the following email address: Secretariaat [dot] IER [at] uu [dot] nl.
  • On 7-8 January 2016, the Center for International Criminal Justice (CICJ) and the Faculty of Law, Vrije Universiteit Amsterdam will host a conference “Pluralist Approaches to International Criminal Justice”. The event is held with the financial support of the Royal Netherlands Academy of Arts and Sciences and concludes the research projectDealing with Divergence? National Adjudication of International Crimes funded by the Netherlands Organisation for Scientific Research (NWO). The conference provides a platform for an interdisciplinary and critical debate on the methodological, institutional, and cultural diversity in international criminal justice (see further information). Speakers include Elies van Sliedregt, Kai Ambos, Robert Cryer, Megan Fairlie, Kevin Jon Heller, Charles Jalloh, Sarah Nouwen, Nicola Palmer, Darryl Robinson, Carsten Stahn, James Stewart, Sergey Vasiliev, Alex Whiting, Harmen van der Wilt and others (programme). The conference will take place in Het Trippenhuis, Kloveniersburgwal 29, Amsterdam. Attendance is free but places are limited. Please register before 28 December.

Our previous events and announcements post can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.