Author Archive for
An Hertogen

Events & Announcements: July 27, 2014

by An Hertogen

Call for Papers

  • A conference on General International Law and International Economic Law: An (Un)Easy Relationship? will be held at the Lomonosov Moscow State University on April 17, 2015. The conference seeks to address the challenges created by application of the general international law to international economics context as well international economic law influence on evolution of general international law. Abstracts should be submitted by September 30, 2014. For further information please refer to the call for papers.

Events

  • On November 13-14, 2014, Ghent University (UGent) will be hosting an international two-day conference at the occasion  of the twentieth anniversary of the entry into force of the UN Convention on the Law of the Sea. The conference, organized in partnership with the Vrije Universiteit Brussel (VUB), Université catholique de Louvain-Mons (UCL-Mons) and the Université Libre de Bruxelles, will bring together expert scholars from within and without Europe, as well as practitioners and civil servants (e.g., ITLOS, International Seabed Authority, FAO). Four different panels will address the importance of UNCLOS for the maintenance of international peace and security; its importance for the global economy; for the protection of the marine environment, and; the Convention?s compulsory dispute settlement mechanism. Detailed information (including programme, venue and registration details) can be found on the conference website.
  • On September 19-20, The Surrey International Law Centre of the University of Surrey School of Law, with the support of the Institute of Advanced Studies, the McCoubrey Centre of the University of Hull and the British Institute of International and Comparative Law, will host a two-day workshop on the identification of core standards of procedural fairness before international courts and tribunals. The workshop employs a comparative approach whereby participants will analyse the procedures and practices of various international courts and tribunals. It aims to identify patterns of commonality and divergence and to develop a holistic understanding of the nature of procedural fairness and of the challenges to its realisation in the international judicial system. More information can be found here.

Last week’s events and announcements 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.

Weekend Roundup: July 19-25, 2014

by An Hertogen

This week on Opinio Juris, our Emerging Voices symposium continued with a post by François Delerue on cyber operations and the prohibition on the threat of force, a comparison by Otto Spijkers of the Nuhanović and Mothers of Srebrenica cases, and Arpita Goswami’s analysis of the PCA’s recent Bay of Bengal Maritime Arbitration Case between India and Bangladesh.

We also welcomed Jens Ohlin for a guest posting stint. This week, Jens discussed competing theories of control in light of the downing of Malaysian Airlines Flight 17 and two decisions by the European Court of Human Rights on Poland’s involvement in CIA Black Sites on its territory.

Other guest posts were by Jonathan Hafetz who discussed the D.C. Circuit’s en banc ruling in Al Bahlul and by Charles Kels who followed up on our recent symposium self-defence during armed conflict.

Of our regular bloggers, Kevin explained why comments by Moshe Feiglin, the Deputy Speaker of the Knesset in Israel, can be seen as advocating crimes against humanity, but not genocide, against Palestinians. He also summarized the al-Senussi admissibility decision in two quotes. Kristen discussed interesting questions about the increasing “jurisdictional overlap” between individuals designated on targeted sanctions lists and international criminal courts.

Finally, Jessica wrapped up the news and listed events and announcements.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: July 12-18, 2014

by An Hertogen

This week on Opinio Juris, we kicked off the second edition of our Emerging Voices symposium with a post by Zachary Clopton on the horizontal and vertical dimensions of international law in U.S. Courts, followed by Abel Knottnerus’ post on rule 134quater.

Julian clarified last week’s post on Taiwan and argued that “lawfare” will not deter China in the South China Sea. He also posted an obituary for William T. Burke.

Kevin gave his take on the most important issues in international criminal justice today, while Kristen commented on the Mothers of Srebrenica judgment in the Netherlands.

Chris looked at the international legal argument behind the story about the dad who claimed a kingdom for his little girl.

Finally, Jessica wrapped up the news and I listed the events and announcements.

Have a nice weekend!

Events and Announcements: July 13, 2014

by An Hertogen

Calls for papers

  • Yale Law School is hosting its 4th Doctoral Scholarship Conference on November 14-15, 2014. The theme for this year’s conference is ‘law and responsibility’. The conference is open to current doctoral candidates, both in law and law-related disciplines, and those who graduated during the previous academic year. The deadline for the submission of abstracts is August 1, 2014. More information is available here and on Facebook.
  • The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Winter ‘14 Issue of the Journal (Vol. 6, No. 2) in the form of Articles, Notes, Comments, and Book Reviews. Manuscripts received by September 17, 2014 pertaining to any area within the purview of international economic law will be reviewed for publication in the Winter ‘14 issue. TL&D has the distinction of being ranked the best journal in India across all fields of law for three consecutive years and the 10th best trade journal worldwide by Washington and Lee University, School of Law. For more information, please go through the submission guidelines available at www.tradelawdevelopment.com or write to the editors.
  • The Utrecht Journal of International and European Law,  is issuing a call for papers in relation to its forthcoming 80th edition on ‘Privacy under International and European Law’. More information can be found here.
  • Melbourne Law School will host the seventh annual Melbourne Doctoral Forum on Legal Theory on December 1–2, 2014. The Forum brings together research students from all academic disciplines to engage with social, political, theoretical, and methodological issues raised by law and legal theory. This year’s workshop challenges participants to think about law legal theory in its transnational and domestic orders and forms through the concept of the borderline. Borderlines constitute the boundaries between and within legal orders. While borders assert their permanency and inviolability, guarding who the law protects and who it disregards, we know that they are contingent, moveable, transient and above all human creations. The word ‘borderline’ evokes many conflicting meanings — sharp divides, permeations and transgression, centre and periphery, the invisibility of some distinctions and the starkness of others, abnormality and a lack of normalcy, and the imprecision and vagueness of resting ‘on the borderline’ — each of which speaks to the relations between different legal orders that take on many forms, all of varying permanency. Where do the borders fall between and within the transnational and domestic, and why? How should we theorise the way the interactions between these orders take place? And how are these borders dealt with in different legal traditions and cultures? More information can be found on the Forum’s website, in the call for papers or on Twitter.

Announcements

  • During a Round Table on 23 May 2014 organized by the Amsterdam Center for International Law (ACIL) and the Amsterdam Centre for European Law and Governance (ACELG) of the University of Amsterdam a number of experts have presented their thoughts on key aspects of Secession within the Union. This has resulted in a collection of think pieces that identify and outline a number of outstanding issues of both public international law and EU law. The integral booklet and/or the individual short essays can be downloaded here.

Last week’s events and announcements 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.

Weekend Roundup: July 5-11, 2014

by An Hertogen

This week on Opinio Juris, we hosted a symposium on Ian Henderson and Bryan Cavanagh’s paper on Military Members Claiming Self-Defence during Armed Conflict. In a first post, Ian and Bryan discussed when self-defence applies during an armed conflict, while their second post dealt with collateral damage and “precautions in attack”. Their third post addressed prohibited weapons, obedience to lawful commands, and a ‘duty’ to retreat, and summarized the main points of their paper. In their final post, they focused on the concept of unit self-defenceJens Ohlin and Kinga Tibori-Szabó commented.

In our regular posts, Kevin posted Yuval Diskin’s comments on the escalating situation in Israel and the Occupied Territories and pointed out a misrepresentation in ABC’s reporting on the conflict. Julian argued why a Japanese intervention in Taiwan would violate international law, but should still be done if it came to defending Taiwan against a Chinese attack. Peter pointed out three distortions behind July 4 naturalization ceremonies

Finally, Jessica wrapped up the news.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: June 28 – July 4, 2014

by An Hertogen

This week of Opinio Juris, Chris discussed the significance of Ukraine’s, Moldova’s, and Georgia’s signing of Association Agreements with the European Union. Peter, meanwhile, pointed out two provisions in Canada’s citizenship-stripping legislation of questionable compatibility with international and human rights law, and explained how the US Supreme Court’s Recess Appointments case speaks to foreign relations law.

Jessica wrapped up the news and I listed events and announcements. For further interesting reading over the holiday weekend, the US Department of State has just released the 2013 Digest of U.S. Practice in International Law.

And if you have enough of the FIFA World Cup, maybe Chris’s post on the ConIFA—the competition for teams from unrecognized entities and would-be states may provide an antidote.

Have a nice weekend!

 

Events and Announcements: June 29, 2014

by An Hertogen

Call for papers

  • Professor Julian Killingley and Dr Jon Yorke are calling for contributions to a new volume on “International Law and American Exceptionalism“, to be published in the Ashgate Series: Controversies in American Constitutional Law. This edited collection engages with the controversies surrounding the relationship of international law and American domestic law. It deals with a variety of approaches to the use/restriction/rejection of international law by Congress and the American courts through engaging with international legislation (in both “hard” and “soft” forms) and the increasingly important discourse on international judicial dialogue. The collection will bring together scholarship from different disciplines in analysing this issue, and we encourage contributions from both sides of the American political spectrum. We want to provide a platform for both conservative and liberal approaches to the issue of the utility of international law. The critique supplied can be multidisciplinary, including: legal, sociological, political, psychological and philosophical enquiry. More information is here.

Announcements

  • OGEL has published a new issue, as special on Governance of Unconventional Gas Outside the United States of America. Interested readers can find the editorial and abstracts of the papers here.

Last week’s events and announcements 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.

Weekend Roundup: June 14-27, 2014

by An Hertogen

This fortnight on Opinio Juris, Kevin and Deborah discussed the OLC’s legal justification of the killing of Anwar al-Awlaki, which Kevin called murder. Kevin then replied to a response by Jamie Orr on the issue of the CIA’s entitlement to invoke the public authority justification. Deborah analysed what procedural protection the Fifth Amendment requires before a citizens can be targeted and discussed the key legal limits on the scope of U.S. targeting authority identified in the memo.

Kevin posted how US drone strikes now also target citizens of US allies, as witnessed by the recent killings of two Australian citizens. More Australians made the blog, as Kevin wrote about Tony Abbott’s mistaken belief that the rule of law would be observed in Egypt’s prosecution of Peter Greste, the Australian Al-Jazeera journalist, and his colleagues.

Kevin also analysed the US self-defence argument in relation to the killing of Abu Khattallah, discussed Fatou Bensouda’s request for the UNSC to investigate the role of UN peacekeepers in covering up crimes in Darfur, and drew our attention to Charles Taylor’s detention situation in the UK, as discussed in his request to be transferred to a prison in Rwanda. Finally, he asked readers for insights on the OTP’s motivations when dropping its appeal against Katanga.

Deborah discussed potential international law obstacles against US airstrikes in Iraq, even at the request of the Iraqi government.

Lest you think this blog has become the Kevin and Deborah show, Kristen wrote about the relevance of Security Council acts for the formation of customary international law.

As always, we listed events and announcements (1, 2) and Jessica wrapped up the news. For those of you in the UK, you can see Kevin in action on Monday night during a LSE roundtable on Syria and international justice.

Have a nice weekend!

Events and Announcements: June 15, 2014

by An Hertogen

Events

  • BIICL is organising an event on ‘Due Diligence: From Rhetoric to Practice’ on Monday June 16, 2014 from 3.00-7.45pm. The event brings together expert speakers from a variety of backgrounds, including lawyers, academics, the private sector and non-governmental organisations. Their expertise will highlight the pertinent aspects of the UN Guiding Principles as a framework for all current approaches in this area as well as their practical implementation. More information and registration is here.
  • The Geneva Academy is holding an events on June 16 on The Situation of Women’s Rights 20 Years after the Vienna World Conference on Human Rights. More information is here.

Announcements

  • Pretoria University Law Press (Pulp) has just published an original book on the highest courts of Brazil, India and South Africa (BISA countries). The book Transformative Constitutionalism: Comparing the Apex Courts of Brazil, India and South Africa, published in December 2013 and now fully available online, is the first scholarly account on how the BISA highest courts manage to implement their respective transformative constitutions, including a critical view on instances where those courts fall short of it. You can read the book here.

Last week’s events and announcements 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.

Weekend Roundup: June 7 – 13, 2014

by An Hertogen

This week on Opinio Juris, Kevin had a chuckle at Libya’s newest excuse why it missed the deadline for filing submissions to the ICC. He also called your attention to the work of Breaking the Silence, an Israeli NGO collecting testimonials from IDF on the treatment of Palestinians in the Occupied Territories.

Deborah discussed ongoing confusion between al Qaeda and ISIS, and the wider implications of such confusion for war policy decisions.

Julian wrote about the PR battle between China and Vietnam on the South China Sea and posted a link to his and John Yoo’s Forbes piece criticizing Bond v United States as a missed opportunity. In other treaty-related news, Duncan wondered how significant a new protocol to the ILO Convention on Forced Labor would be.

Michael Ramsey wrote a guest post on the latest round over the battle between Argentina and its bondholders over the application of the FSIA, and Chris closed the week with a tribute to Andreas Lowenfeld who passed away on June 9.

Finally, Jessica listed events and announcements and wrapped up the news.

Have a nice weekend!

Weekend Roundup: May 24 – June 6, 2014

by An Hertogen

This fortnight on Opinio Juris, we discussed the US Supreme Court’s decision in Bond v United States. Peter argued how the Court ducked the question about the federal treaty power and provided a Bond cheat sheet. A guest post by Jean Galbraith focused on the notable silences in the Bond opinions, and David Golove and Marty Lederman described the outcome as stepping back from the precipice.

Kevin reminded readers about the ICRC’s free database of customary international humanitarian law and posted links to the ICRC’s President lecture to the Foreign and Commonwealth Office. He warned that a UNGA-created non-consensual hybrid tribunal on Syria could backfire against the US, and raised two problems with the polling questions of a recent study of Pakistani attitudes towards drone strikes.

Kristen updated us on the new briefs filed in the Haiti Cholera case, and on the launch of a high level sanctions review at the UN, while Chris discussed the many hurdles in the path of the Eurasian Economic Union.

As always, Jessica wrapped up the news (1, 2) and we listed events and announcements (1, 2). In other news, Kevin announced how he is joining Doughty Street Chambers as an Academic MemberJulian wished all the best to former Washington University law professor Peter Mutharika who was named Malawi’s new President; and Chris posted the search announcement for a new Executive Director at ASIL. Our New York based readers may also want to attend the Human Rights Film Festival starting next week.

Thank you to our guest contributors and have a nice weekend!

Events and Announcements: June 1, 2014

by An Hertogen

Calls for Papers

  • Following a successful conference organised by the Qatar University, College of Law and the Qatari Branch of the ILA on the Syrian Crisis and International Law they now plan for a special issue of the International Review of Law on the same theme.  To this end, they are looking for contributions discussing: public international law, including collective security and the use of force as well as papers exploring the applicability of the Responsibility to Protect theory; international humanitarian law and international human rights law including the relationship of the two bodies of law in the Syrian context; international criminal law – procedural and substantive aspects; refugee protection and the international ramifications in the Arab region. The International Review of Law is a bilingual (English & Arabic content), open-access, peer-reviewed international law journal published by QScience.com. Those interested in contributing are requested to respond to this call for papers by sending in their submissions by August 15th, 2014. More information is here.
  • The University of Virginia School of Law’s Human Rights Program and the Virginia Journal of International Law are calling for papers for the Virginia Law Human Rights Student Scholars Writing Competition (HRSSWC). This global competition is designed to encourage student scholarly inquiry into human rights topics and afford emerging student scholars an opportunity to develop their research and contributions by interacting with Virginia’s pre-eminent international law faculty. The HRSSWC welcomes all student papers relating to human rights law from current J.D., LL.M., and S.J.D. students from the United States and abroad. May 2014 graduates may also submit papers written as part of their law school curriculum. Entrants are encouraged to view this topic broadly, submitting any work that furthers understanding of a substantive area of human rights law. The student author of the top paper will receive a cash prize of $500 and expedited consideration for publication in the Virginia Journal of International Law. Additionally, the winning author will be invited to present his or her paper at a special Human Rights Student Scholars Workshop involving Virginia’s international law faculty, VJIL editors, and Virginia law students. The deadline for submission is June 27, 2014. More information is here.
  • The Russian-Armenian (Slavonic) University (RAU) in cooperation with the International and Comparative Law Center and the Delegation of the International Committee of the Red Cross (ICRC) in Armenia announce the 7th Yerevan International Conference for Young Researchers on International Humanitarian Law, which will be held from October 30 to November 1, 2014 in Yerevan, Republic of Armenia and will be dedicated to the 150th anniversary of adoption  of the First Geneva Convention. Young researchers in the field of IHL under the age of 35 are invited to take part in the Conference participants pre-selection process. In order to apply the applicants should complete the application form by September 14, 2014 and submit a research paper strictly within the scope of the announced conference topics presented in the Call for papers. See also the Conference’s Facebook page.

Events

  • On 14 June 2014, Edge Hill University (UK) is hosting an international conference titled “The ‘Cross-Fertilization’ Rhetoric in Question: Use and Abuse of the European Court’s Jurisprudence by International Criminal Tribunals”. Speakers will discuss the outcomes of the presentations made by the participants in a workshop held at Edge Hill the day before. The main purpose of this initiative is to critically assess the manner in which human rights standards developed by the European Court of Human Rights have been used (or misused) by international criminal tribunals. The programme is here.
  • On Friday 20 June 2014 the Society of Legal Scholars International Law Section and the British Institute of International and Comparative Law will co-host the 23rd Conference on Theory and International Law. The theme of this year’s conference is Sovereignty in the 21st Century. This conference will address aspects of both the theoretical and practical dimensions of sovereignty in the 21st century. Further details (including a link to the conference programme) are available here.
  • To commemorate the 150th anniversary of the first Geneva Convention, the Geneva Academy is holding a panel on Challenges Raised by Increasingly Autonomous Weapons on June 24, 6-8pm, at the Maison de la Paix, rue Eugène-Rigot 2 in Geneva. More information is here.
  • The Academy on Human Rights and Humanitarian Law at American University’s Washington College of Law is organizing various panels for its 2014 Human Rights Month. For those of you outside DC, you can watch the panels via live webcast here.
  • From June 27-28, 2014, Bangor Law School and the Bangor Centre for International Law will host a conference on proof in international criminal trials, kindly supported by the British Academy. You can find the programme here, and register online here.

Announcements

  • Oil, Gas & Energy Law has issued a special issue on the Energy CommunityEnergy Community is the primary instrument in EU external energy policy. The large number of contributions to this special on the Energy Community edited by Dr Dirk Buschle (Deputy Director and Head of Legal of the Energy Community Secretariat) illustrate the diversity and complexity of the topic. Instead of providing a coherent account of where the Energy Community stands today, this special provides numerous tie-ins for the future debate. It provides for an inspiring reading on the current issues and future options for the Energy Community.

Last week’s events and announcements 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.