Author Archive for
An Hertogen

Weekly News Wrap: Monday, September 29, 2014

by An Hertogen

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

Africa

Middle East and Northern Africa

Asia

  •  Ashraf Ghani Ahmadzai will be sworn in as the new President of Afghanistan later today.
  • Protestors in Hong Kong refuse to withdraw and the use of tear gas by the authorities has created new protests to spring up against Beijing’s new rules imposing strict controls on candidate selection for the next elections.

Europe

Americas

World

Events and Announcements: September 28, 2014

by An Hertogen

Calls for Papers

  • The British Institute of International and Comparative Law (BIICL) is making a worldwide Call for Papers on British Influences on International Law 1915-2015. The Institute is publishing a series of books to commemorate the centenary of the establishment in London of the Grotius Society (a forerunner of BIICL) in 1915. One of these books is on British Influences on International Law in the period from 1915 until today. They invite anyone who has an interest in writing a chapter on an aspect of this topic to submit an abstract for consideration. This invitation extends to established academics, early career researchers, doctoral researchers, those with experience in government and other practice, and anyone else with relevant expertise, whether based in the UK or elsewhere. The authors of the selected papers may be chosen for presentation as part of a seminar series which is likely to be held in the first half of 2015. For further information, please visit their website or contact the project co-ordinator Dr Jean-Pierre Gauci on j [dot] gauci [at] biicl [dot] org.
  • The Refugee Law Initiative (RLI) invites submissions to its Working Paper Series. The series provides for the rapid dissemination of preliminary research results and other work in progress, reflecting cross and inter-disciplinary interests within refugee law and policy, broadly defined. Recent papers have considered integration, detention and smuggling of asylum-seekers, gender-related asylum claims and long-term encampment. RLI Working Papers are prominently displayed on the RLI website as a resource for scholars and practitioners worldwide. Papers must be based on original research, conform to the usual standard of academic publishing, be fully referenced and presented in the standard technical format employed by the series. Papers will be evaluated based on their contemporary relevance, contribution to the field, structure and analytical rigour (submission guide). Papers published in the series may subsequently be published in journals or books provided that an acknowledgement is given to the RLI Working Paper Series. Submissions are considered on a rolling basis. For further information, and to submit a paper please contact the Editor-in-Chief, Dr. Ruvi Ziegler, at r [dot] ziegler [at] reading [dot] ac [dot] uk or ruvi [dot] ziegler [at] law [dot] ox [dot] ac [dot] uk.
  • The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on May 25-26, 2015 in Taipei, Taiwan. The theme of the Research Forum is “Integrating the Asia-Pacific: Why International Law Matters?” Paper proposals should be submitted by January 20, 2015 to ila [at] nccu [dot] edu [dot] tw. The call for papers is available online. Other inquiries can be directed to Pasha Hsieh, co-chair of the Research Forum (pashahsieh [at] smu [dot] edu [dot] sg)

Announcements

  • Hart Publishing is delighted to announce that the first issue, published in August, of the Journal on the Use of Force and International Law (JUFIL) is now available online. Please click here for the table of contents. JUFIL is the first peer-reviewed journal covering all aspects of the law governing the use of force (jus ad bellum), as distinct from other areas of international law relating to security issues, such as International Humanitarian Law or International Criminal Law. From the first issue, Hart Publishing is pleased to make the article by Claus Kreß Major Post-Westphalian Shifts and Some Important Neo-Westphalian Hesitations in the State Practice on the International Law on the Use of Force free to view online. To access this article please click on this link and follow the instructions shown (the introduction is also shown on the PDF download). For subscription rates and details on how to subscribe please click 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: September 20-26, 2014

by An Hertogen

This week on Opinio Juris, JensJennifer Trahan and Julian discussed the international legal basis for the air strikes against ISIS. Jens also analysed why Khorasan is seen as a more immediate threat to the US than ISIS. For more on the US domestic legal basis, check out Deborah’s post with a snippet from her Daily Beast article on the perennial US War Powers fight.

A guest post by Anton Moiseienko gave some insights in Russian scholarship on the legality of Crimea’s annexation under international law.

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

Many thanks to our guest contributors and have a nice weekend

Events and Announcements: September 21, 2014

by An Hertogen

  • The Junior International Law Scholars Association (JILSA) is holding its annual meeting on Friday, January 23, 2015, at the University of Miami School of Law.  JILSA is an informal network of junior scholars at mostly American law schools who get together annually for a self-funded workshop.  Junior faculty and fellows interested in presenting at the meeting should email proposals to MJ Durkee and Jean Galbraith by Friday, October 10.  If you are interested in presenting a working draft, please send us the title, an abstract, and an indication of how far along the paper is.  Because of the nature of the workshop, we can only include working drafts that have not yet been accepted for publication.  We also workshop early stage projects.  If you are interested in presenting on an early stage project, please let us know the working title and a few lines about the idea you are pursuing.  Finally, if you are interested in being a discussant, please let us know.  We will do our best to get back to everyone in November, and, for those whose working drafts are accepted for the conference, we will expect the authors to provide the drafts a few weeks before the conference.
  • The Human Rights Essay Award Competition sponsored by the Academy on Human Rights and Humanitarian Law seeks to stimulate the production of scholarly work in international human rights law. Awardees receive a full scholarship to attend the 2015 Program of Advanced Studies in Human Rights and Humanitarian Law in Washington D.C. This year’s topic is “Transitional Justice, International Human Rights and Humanitarian Law” and the deadline to submit is February 1, 2015. Participants have the flexibility to choose any subject related to the assigned topic. The best articles may be published in the American University International Law Review. For detailed guidelines about the award please visit the website or e-mail the Academy.

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: September 20, 2014

by An Hertogen

This week on Opinio Juris, we hosted an insta-symposium on the Scottish Independence Referendum. David Scheffer surveyed the legal terrain in case of a yes vote, Stephen Tierney discussed how Scotland’s move to independence would be characterised under international law, Milena Sterio argued that international law could develop a norm containing a positive right to secession under certain circumstances, Jure Vidmar looked at Scotland’s position in the EU, Tim Sparks took a long view, and Christopher Connolly discussed the phrasing of the referendum question. Finally, Chris asked whether there will be a Scottish precedent.

In other guest posts, Eliav Lieblich updated us on recent developments in an Israeli case reviving international prize law, Leila Nadya Sadat and Douglas J. Pivnichny wrote about recent steps towards a comprehensive treaty on crimes against humanity, Yanying Li alerted us to a UNGA resolution on a multilateral framework for sovereign debt restructuring, and Michael W. Lewis responded to Kevin’s critique last week of his post on the nature of self-defense.

In other posts by our regular contributors, Kevin criticized the University of Sydney for restricting academic freedom after it “un-invited” Sri Lankan NGOs from an international conference on the enforcement of human rights in the Asia-Pacific. Peter asked if ISIL fighters can be stripped of their passports, and remarked that the AUMF basis for an ISIL intervention looks likely to stick. More on ISIL came from Jens who discussed the issue of ransom and material support for terrorism. Finally, Kristen explained why the Security Council’s decision to take up the issue of Ebola is significant.

As always, Jessica wrapped up the news and listed events and announcements. Duncan also updated us on the new Executive Director of ASIL.

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

Weekend Roundup: September 6 – 12, 2014

by An Hertogen

This week on Opinio Juris, summer vacation is officially over. We hope that all of our readers in the Northern Hemisphere enjoyed a great break – hopefully not quite like the Russian soldiers in Ukraine that Jens commented on. For those of us in the Southern Hemisphere: it’s almost summer!

Kevin followed up on an earlier post arguing that despite the recent release of a White Paper we do not yet know the CIA’s public-authority justification for violating 18 USC 1119, and explained why an argument based on Title 50 does not work in his view. He then posted a two-part response (1, 2) to Bobby Chesney’s reply on this last post over at Lawfare, and analysed their different readings of the AUMF.

The AUMF was also central to commentary on President Obama’s address regarding air strikes against ISIS. In anticipation of President Obama’s speech, Peter had put forward three reasons why President Obama should not seek congressional approval for airstrikes on ISIL. Jens was first out of the blocks after the address, to argue that Obama was walking a thin line, and later on that the AUMF does not cover ISIS. Peter and Deborah agreed with Jens on the applicability of the AUMF and Peter added that Obama could have played a different card. Deborah then followed up with an analysis of the theory that ISIS is Al Qaeda rather than considering it an “associated force”.

In other ISIL- related posts, Peter commented on Ted Cruz’ initiative to strip ISIL fighters from their US citizenship, and Kevin responded to a post by Mike Lewis over at Just Security on the application of the “unwilling or unable” test in the context of article 51 UN Charter.

Finally, Jessica wrapped up the news and I listed events and announcements. We’re running an insta-symposium on the Scottish independence referendum next week, and are still welcoming submissions. If you saw last week’s announcement by Matrix Chambers, you may want to take note that the deadline has been extended.

Have a nice weekend!

Events and Announcements: September 7, 2014

by An Hertogen

 Call for papers

  • The Faculty of Law of the Hebrew University of Jerusalem and the Columbia Law School invite the submission of written proposals for an international conference on the international law legacies of the Palestine mandate, to be held in Jerusalem on June 21-22, 2015, and for a subsequent publication. The full call for papers can be found here. Researchers interested in addressing these and related questions are invited to respond to this call for papers with a 1-2 page proposal for an article and presentation, along with a brief CV, including a list of publications. Proposals should be submitted by email to Dr. Rotem Giladi of the Hebrew University of Jerusalem no later than September 30, 2014. Written contributions (of 10,000-12,000 words), based on the selected proposals, will be expected no later than April 15, 2015.
  • 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 submit a research paper strictly within the scope of the announced conference topics presented in the call for papers. The Conference now also has its Facebook page. The deadline to submit your application is September 14, 2014. The application form is here.
  • PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo – together with University of Copenhagen Centre of Excellence for International Courts – iCourts, is organizing a combined workshop and PhD course on the Legitimacy of International Courts and Tribunals in Oslo, November 24-25, 2014. This workshop explores, assesses and applies different perspectives and standards of legitimacy, and brings such considerations to bear on ICs in four different sectors of international law: human rights, investment, trade, and international criminal law. We invite for full or draft papers that address the following aspects of legitimacy of ICs: (1) rule of law standards; (2) accountability; (3) output and effects; (4) societal acceptance and compliance; and (5) conceptual issues of legitimacy within the sectors human rights, investment, trade, and international criminal law. The deadline for abstracts is September 15, 2014. More information is available here.

Events

  • Theater of War is presenting a dramatic reading of Sophocles’ Ajax and Philoctetes, by Adam Driver, Jesse Eisenberg, Frances McDormand and David Strathairn on September 28 at BAM Fisher in New York. For more information about free registration, click 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: August 30-September 5, 2014

by An Hertogen

This week on Opinio Juris, we welcomed Jens Ohlin to our masthead.

Kevin asked whether it’s time to reconsider the al-Senussi admissibility decision, linked to a Rolling Stone article about Chevron and the Lago Agrio case, and criticized attempts to assess the proportionality of an attack based on combatant:civilian kill ratios.

There was more on the Gaza Conflict in a guest post by Liron Libman, who examined if the Palestinian Authority’s leadership can be held responsible for the Al Aqsah Martyrs’ Brigade’s actions during the conflict.

In other posts, Kristen discussed the UN Security Council’s response to the demands of the captors of 45 Fijian peacekeepers at the Israel-Syrian border, Chris analysed Vladimir Putin’s rhetoric of an independent Novorossiya, and Roger reported on his research on treaties that supersede statutes under the last-in-time rule.

Finally, Jessica listed events and announcements, and wrapped up the international law headlines. In other announcements, Kevin posted a job vacancy at Matrix Chambers.

Have a nice weekend!

Weekend Roundup: August 23-29, 2014

by An Hertogen

This week on Opinio Juris, Julian asked whether the US President can enter into a legally binding climate change agreement without Congress, and educated news agencies about the difference between Taiwan’s airspace and its Air Defense Identification Zone.

The main focus this week was on the Middle East. Kevin commented on an Al Jazeera America piece on Israel’s attack on Shujaiya, while Peter discussed the likelihood and the practical usefulness of stripping ISIS fighters of their US citizenship, and Deborah addressed the difference between paying ransom for hostages and negotiating over prisoner exchanges.

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

Have a nice weekend!

Events and Announcements: August 24, 2014

by An Hertogen

  • International Law in Practice is a four-day programme run by the British Institute of International and Comparative Law (BIICL), which provides a broad introduction to key issues in international and comparative law – from public to private and from commercial to human rights. The course is unique in that it introduces participants to international law, as broadly understood and as it arises in practice. Led by many of the Institute’s leading researchers and practitioners, the course is ideal for those in the early years of legal practice, those working in governmental and non-governmental organisations with legal elements to their work, and students who are about to commence a postgraduate degree in aspects of international law. The course is accredited for 28.5 CPD points. For more details and to book online, please visit www.biicl.org/event/1054
  • On September 18-19, 2014, the Center for International and Comparative Law at the University of Baltimore School of Law and PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order at the University of Oslo Faculty of Law will hold a symposium on “Legitimacy and International Courts,” in Baltimore. The symposium, which will celebrate the 20th anniversary of the Center, will bring together experts on specific courts and tribunals including the ICJ, WTO, ECJ, ECHR, Inter-American Court, ICSID, ITLOS, and ICC and specific themes including democracy, effectiveness, and judicial selection. The goal of the conference and the book to follow is to think comprehensively and comparatively about the legitimacy of international courts and tribunals. What can we learn from the experiences of specific courts and to what extent are lessons from one court generalizable to other courts? The event is free and open to the public. The program is available here. Please RSVP 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: August 16-22, 2014

by An Hertogen

This week  on Opinio Juris, we had the final instalments of our Emerging Voices symposium, with a post by Tamar Meshel on awakening the “Sleeping Beauty of the Peace Palace” and one by Mélanie Vianney-Liaud on the controversy surrounding the definition of the Cambodian genocide at the ECCC.

More definitional issues arose in Kevin’s post discussing Britain’s expanded definition on terrorism, which now includes watching the video of James Foley’s beheading.

In other posts, Chris blogged about the quilt maps of sovereignty in the Baarles, Deborah argued why shifting alliances in the Middle East matter, Julian renewed his argument that Argentina has no case against the US in its latest ICJ claim, and Duncan commemorated the 150th anniversary of the first Geneva Convention with the question whether there is new IHL to be made and what is should be.

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

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

Weekend Roundup: August 9-15, 2014

by An Hertogen

This week on Opinio Juris, we started with follow-up on last week, with Julian raising more issues with the emerging Article II humanitarian intervention power and Kevin sharing his final thoughts on the Bar Human Rights Committee’s letter to the OTP in relation to the situation in Gaza.

More on the Gaza situation in a post by Kristin Hausler and Robert McCorquodale, who asked whether attacks on schools, teachers and students ever be legitimate under international law.

This week, we welcomed Lucas Barreiros, Stacey Henderson and Marcos Kotlik to our Emerging Voices symposium, who, respectively, compared the European and Inter-American Human Rights Courts, discussed R2P and measures-less-than-force in the context of protecting children in armed conflict and proposed enhanced participation of civil society organizations in Committee on Enforced Disappearances.

Another guest post, by Priya Urs, asked whether states are injured by whaling in the Antarctic.

Of our permanent bloggers, Kevin argued that the attack on MH17 should be framed as murder not as a war crime, Chris asked whether the US should change its approach to zero-day exploits and Kristen wrote about ensuring robust peacekeeping missions.

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

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