May 2018

The International Law Commission, a group of 34 independent experts, charged with codifying and progressively developing international law is currently (and exceptionally) meeting at the UN in New York. Amidst the substantive conversations on subsequent practice of treaties, customary international law, and jus cogens, there are two other themes that are coming up with some frequency. First, the lack of gender diversity...

[Katayoun Hosseinnejad is a university lecturer of international law and attorney at law in Iran and Pouria Askary is an assistant professor of international law at law school of ATU and a visiting professor of law at Islamic Azad University and Tarbiat Modarres University.] On May 10, two days after the US President pulled his country out of the Joint Comprehensive Plan of...

[Chris Jenks is an associate professor of law and directs the criminal justice clinic at the SMU Dedman School of Law in the US.] On April 25th, I had the privilege of attending an ANZAC Day dawn service at Kranji War Memorial Cemetery in Singapore jointly sponsored by the Australian and New Zealand High Commissions. While the significance of ANZAC Day is...

[Jennifer Trahan is an Associate Clinical Professor at the NYU Center for Global Affairs.] I, too, would like to thank Opinio Juris for our mini-symposium and dialogue on the use of the veto in the face of atrocity crimes. I hope it stimulates further thought, analysis and work on these important issues. For those who missed the debates, I posted attacking the legality of Russia’s veto...

[Jennifer Trahan is an Associate Clinical Professor at the NYU Center for Global Affairs.] The background to a series of Opinio Juris posts about proper use of Security Council veto power is: I have posted attacking the legality of Russia’s veto in the face of chemical weapons use in Syria, Dr. Mohamed Helal has defended Russia’s veto use as consistent with the drafting...

We have published a series of fascinating posts in recent days debating whether the permanent members of the Security Council have a legal obligation under the UN Charter not to veto resolutions calling for the investigation or prosecution of atrocity crimes. Jennifer Trahan argued yes; Mohamed Helal responded no; and Trahan replied yes again. I am not convinced by Trahan's response...

[Jennifer Trahan is an Associate Clinical Professor at the NYU Center for Global Affairs.] In his Opinio Juris post on May 4, Dr. Mohamed Helal provides a defense of Russia’s veto use related to the situation in Syria, one that he defends as in line with the negotiations of the UN Charter and a vision of veto power of the permanent members of...

On Thursday, May 10, the US Supreme Court will decide whether to grant cert in Budha Ismail Jam v.  International Financial Corporation(IFC), a case involving environmental damage arising from a coal fired power plant in India.    Two excellent blogs on the case written by Rishi Gulati in 2017 can be found here. The case turns on the interpretation of a US...

[David Hughes and Yahli Shereshevsky are Grotius Research Scholars at Michigan Law School.] Western forces have again attacked Syria following the suspected use of chemical weapons by the al-Assad regime. As in 2013 and 2017, international lawyers largely agree that the recent US, French, and British-led operation is illegal. Yet the recent strikes against chemical weapons facilities in Damascus and Homs are...