Author Archive for
An Hertogen

Weekend Roundup: February 22-28, 2014

by An Hertogen

This week on Opinio Juris,  we closely followed the situation in Ukraine. Julian argued that international law principles are unlikely to provide a solution for the crisis since it would require the US and Russia respectively to defend or reject principles they have rejected or defended in other crises. He also reassured Daily Mail readers that the Budapest Memorandum does not oblige the US or the UK to defend Ukraine against a Russian invasion. Kevin in turn suggested to Ukraine’s Parliament to sort out the ICC’s jurisdiction over Ukraine before sending former President Yanukovych to The Hague for trial.

More on the ICC and its jurisdiction followed in Kevin’s analysis of jurisdictional issues in Reprieve‘s Drone strike communication to the ICC and his post recommending Susanne Mueller’s essay on Kenya and the ICC.

Julian’s other posts focused on Asia. He described how Japan’s historic wars with its neighbours continue to be fought in the court room with the Chinese government’s decision to back a lawsuit against Japanese companies that used Chinese citizens as forced laborers during World War II and a California lawsuit that brings Japan and Korea’s history wars to the US state and local level. He also looked into calls for a joint China-Taiwan policy over claims in the South and East China Seas.

In other posts, Kristen assessed the UN’s news “Rights Up Front” Action Plan; Peter pointed to an interesting experiment showing that information on treaty obligations can shift public opinion on solitary confinement; and Kevin thought the European Parliament’s resolution on drone strikes adopted a broad definition of jus ad bellum.

Finally, Jessica wrapped up the news and I listed events and announcements. Our London-based readers can see Kevin in action this coming Wednesday  when he’ll give a lecture at UCL on “What is an International Crime?”.

Have a nice weekend!

Events and Announcements: February 23, 2014

by An Hertogen

Calls for Papers

  • TDM is calling for papers for a special issue on “The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century“. The formidable scale and pace of economic and legal development in the Pacific Rim region offers considerable opportunities, but also carries certain risks. The forthcoming Pacific Rim TDM Special Issue will collect views of experienced practitioners, academics, and policymakers on key economic and legal opportunities and risks in the Pacific Rim region today. Topics to be addressed could include, but are not limited to, the following: 1. TPP and RCEP: Competition, Coordination, or 2. A U.S.-China BIT as a 21st Century Model BIT?, 3. Pacific Rim Investment Treaty Practice: Regional Considerations, 4. Pacific Rim Approaches to Key Legal Issues. The editors of the Pacific Rim TDM Special Issue are Wenhua Shan (Xi’an Jiaotong University School of Law) and Mark Feldman (Peking University School of Transnational Law). See here for more details and contact information.
  • The Australian and New Zealand Society of International Law (ANZSIL) is calling for papers for its 22nd annual conference in Canberra on July 3-5, 2014. This year’s theme is Towards International Peace through International Law. A postgraduate research students workshop will be held the day before the conference. Deadline for the submission of abstracts is March 7, 2014 for both the conference and the workshop.  More information is available here.
  • The Surrey International Law Centre of the School of Law of the University of Surrey 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 (‘BIICL’) will host a two-day workshop on the identification of core standards of Procedural Fairness before International Courts and Tribunals. The deadline for the submission of abstracts of max. 500 words is April 1, 2014. More information is here (pdf).

Events

  • The final program for the February 25-26, 2014 Doha conference on the Syrian Crisis and International Law, organised by the Qatar University, College of Law and the Qatari Branch of the International Law Association, is now available online.
  • Applications for the EIUC training seminar for International Electoral Observers close on March 14, 2014. More information about the seminar is available 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.

Weekend Roundup: February 15-21, 2014

by An Hertogen

Weekend again, time for a roundup of the blog! This week, Rogier Bartels provided a guest post in two parts on the temporal scope of application of IHL, asking when a non-international armed conflict ends.

Chris followed the situation in Ukraine closely with a post on the background of the conflict and the country’s long road to stability. He also wrote a legal primer on the Cossacks and their resurgence in Russia, after video emerged of the militia breaking up a Pussy Riot protest in Sochi.

Kevin is excited about Mark Lewis’ book The Birth of New Justice, and promised to let us know once he has read it whether it lived up to his expectations.

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

Have a great weekend!

Weekend Roundup: February 9-14, 2014

by An Hertogen

The heavy dumping of snow on the US East Coast made for a light dusting of posts this week.

Kevin found the ICTR’s recent acquittal of Augustin Ndindiliyimana after 11 years of pre-trial detention a stain on the tribunal’s reputation. He also was not convinced by Eugene Kontorovich’s use of Belgium’s extension of the right to die to terminally ill minors as an argument to attack on Roper v Simmons, and later replied to Eugene’s response.

For those hungry for more reading: Kevin recommended a post by Sergey Vasiliev on the relationship between Perisic and Sainovic while Julian recommended Stephan Talmon’s book chapter on the question of UNCLOS jurisdiction in Philippines arbitration against China, and Duncan announced the winners of the 2013 ASIL Certificates of Merit.

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

Have a nice weekend!

Events and Announcements: February 9, 2014

by An Hertogen

Calls for Papers

  • The ICTBEL Organising Committee has now issued a call for papers to be presented in June 2014 conference, which will be held in Edinburgh, United Kingdom. International Confer­ence on Trade, Business and Economic Law (ICTBEL) provides an opportunity for academics, practitioners, consultants, scholars, researchers and policy makers with different backgrounds and experience to present their papers in the conference. Papers may address, but are not restricted to, the main theme from any of the following sub-themes. Unlisted but related sub-topics are also acceptable: International Trade Law, International Economic Law,  International Business Law, Corpo­rate/Commercial Law, Climate Change, Sustainable development and International Trade, Im­pact of Liberalisation and globalisation on trade, business and investment, Globalisation and Free Trade,  Trade Policy,  Economic and Finance,  International Trade Frauds,  Money Laun­dering regulations, Bribery and Corruption, Foreign investments,  Mergers and Acquisition,  Ju­risdiction and Enforcement of Judgments, International commercial arbitration and litigation, Im­port and Export, Letters of Credit,  WTO and related agreements. An abstract between 300-500 words written on a topic within the broad conference theme of in­ternational trade, business and economic law should be submitted by e-mail before April 14, 2014.

Events

Announcements

  • OUP have just published a new debate map on the disputes in the South and East China Seas and has made some relevant OUP content freely available here.
  • The European Inter-University Centre for Human Rights and Democratisation (EIUC) is accepting applications for the 18th edition of the European Master’s Degree in Human Rights and Democratisation (E.MA).  E.MA provides students with the opportunity to share knowledge and skills with leading scholars from 41 prestigious European Universities and renowned Human Rights experts, in the classroom and during a week-long field trip. Applications for the academic year 2014/2015 are processed on an on-going basis. The Second Round Deadline is March 15, 2014Apply now.
  • The Antonio Cassese Initiative for Justice, Peace and Humanity and the Geneva Academy of International Humanitarian Law and Human Rights open their application process for the Summer School 2014 on Transnational Justice: Conflict and Human Rights from July 7-11, 2014.
  • The Academy on Human Rights and Humanitarian Law is proud to announce the call for applications for the 15th annual Program of Advanced Studies on Human Rights and Humanitarian Law which runs from May 27th to June 13th 2014. The program offers 19 courses taught by more than 40 prominent scholars in the field of human rights, in both English and Spanish. The Academy on Human Rights and Humanitarian Law provides through this Program the unique opportunity to learn and interact with judges of the International Criminal Court (ICC), the International Court of Justice (ICJ), Special Rapporteurs of United Nations, members of the Inter-American Commission and Court on Human Rights, recognized members of NGOs and professors from all over the world. The program welcomed more than 165 participants from over 25 countries with differing backgrounds and levels of experience for an intensive three weeks in Washington, D.C. Additionally, the Academy hosts special events, such as panels, a film series, and site visits to international organizations. The Diploma is offered to a select group of 35 law professionals who fulfill the admission requirements. Access more information here.
  • The Summer Academy on the Continental Shelf (SACS) will be held from June 21-28, 2014 under the auspices of the University of the Faroe Islands. You can download the information folder 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.

Weekend Roundup: February 2-8, 2014

by An Hertogen

The year is now officially in full swing on Opinio Juris with our first symposium of 2014. Up for discussion were both lead articles of the latest AJIL issue. The first article, on the ECOWAS Community Court of Justice, was introduced here by Karen Alter, Larry Helfer and Jacky McAllister and was followed by comments by Solomon Ebobrah, Kofi Kufuor, and Horace Adjolohoun. Karen, Larry and Jacky’s response can be found here. The second article, by Julian Davis Mortenson and introduced here, discussed the role of travaux préparatoires in treaty interpretation. Ulf Linderfalk offered vigorous two part (1, 2) rebuttal. Other comments came from Richard Gardiner and Bart Szewczyk.  Julian’s reply is here.

Kevin mourned Maximilian Schellcriticized President Obama’s certification concerning US participation in the UN’s Mali stabilisation mission and the ICC; and was even more critical of the ICTY’s OTP request to the Appeals Chamber to reconsider Perisic. On the last issue, Kevin also recommended a post by Bill Schabas.

Julian, who was elected to the ALI, posted on the US’ first public statement China’s South China Sea Nine Dash Line is inconsistent with international law. Deborah tried to keep up up-to-date on the difference between ISIS and al-Qaeda and Peter engaged in a thought experiment on Olympic free agency.

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

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

AJIL Symposium this week

by An Hertogen

This week we’re hosting a symposium on both lead articles in the October 2013 edition of the American Journal of International Law.

Today and tomorrow, Kofi Kufuor, Solomon Ebobrah and Horace Adjolohoun discuss “A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice” by Karen Alter, Larry Helfer and Jacqueline McAllister:

The Court of Justice for the Economic Community of West African States has
been transformed from an interstate tribunal for resolving disputes over
ECOWAS economic rules into a court with far-reaching human rights jurisdiction.
This article identifies political mobilization, rather than judicial lawmaking,
as the catalyst of this transformation, and explains the surprising reality that,
whereas private actors in recent years have been able to pursue legal actions alleging human rights violations, they remain unable to challenge state noncompliance with ECOWAS economic rules.

On Wednesday and Thursday, Ulf Linderfalk, Bart Szewczyk and Richard Gardiner discuss “The Travaux of Travaux: Is the Vienna Convention Hostile to Drafting History?” by Julian Davis Mortenson:

It is often said that the Vienna Convention on the Law of Treaties relegated drafting history to a subsidiary role in treaty interpretation. This article relies on a
close reading of the Convention’s own drafting history to challenge that view.
Under the settlement actually negotiated by the drafters, reference to travaux
préparatoires was meant to be a regular, central, and indeed indispensable component of the interpretive process.

As always, we welcome your comments too.

Weekend Roundup: January 4-17, 2014

by An Hertogen

In the past fortnight on Opinio Juris, Kevin wasn’t convinced by the Muslim Brotherhood’s argument that can accept the ICC’s jurisdiction on an ad hoc basis because it is still Egypt’s legitimate government. He also discussed the OTP’s motion to challenge Rule 134quater and the Trial Chamber’s decision to conditionally excuse Ruto from continuously attending his trial in The Hague.

Julian gave the US State Department an “F” over its handling of the visa fraud allegations against India’s Deputy Consul-General in New York. Julian was also doubtful about a recommendation for the US to accede to UNCLOS as a way to assert leadership and push back China’s claims in the East and South China Seas.

In two guest posts, Lorenzo Kamel compared the EU’s approach to Israel’s occupation of the Palestinian Territories with its approach to Northern Cyprus and Western Sahara. Further on Israel and Palestine, Eliav Lieblich discussed a recent court hearing in which Israel is trying to revive maritime prize law against a Finnish ship intercepted when it tried to breach the Gaza blockade.

We engaged in cross-blog dialogues with Kevin’s thoughts on Manuel Ventura’s critique of specific direction over at Spreading the Jam, and a discussion with EJIL:Talk! of the European Court of Human Rights’ decision in Jones v. UKdiscussed on our end by Bill Dodge and Chimène Keitner.

In other posts, Duncan asked whether the interim agreement over Iran’s nuclear program was a secret treaty, Kristen shared reflections on UN law making, Deborah discussed the inaccuracy of attaching the “al-Qaeda” label too liberally and the political consequences of attaching such a label, and Peter pointed out a key provision on Obama’s NSA reforms (policy directive) allowing foreigners as well as Americans data protection with regard to bulk surveillance data.

If you want more to read, you can check out the AJIL Agora on Kiobel, mentioned by Julian, or read the new blog Global Military Justice Reform to which Deborah drew our attention.

Finally, I wrapped up the news (1, 2) and listed events and announcements (1, 2).

Have a nice weekend!

Weekly News Wrap: January 13, 2014

by An Hertogen

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

Africa

  • Negotiators are still trying to reach a peace deal in South Sudan.

Asia

Americas

  • Jihad Jane” has been sentenced to 10 years’ imprisonment for her involvement in a failed plot to kill a Swedish artist over an offensive depiction of the Prophet Mohammed.

Middle East

Europe

Oceania

Events and Announcements: January 12, 2014

by An Hertogen

  • Oliver Windridge has started ACtHPR Monitor, a forum for news, comment and debate on the African Court on Human and Peoples’ Rights. Its first article is an in-depth interview with the court’s Registrar, Dr. Robert Eno. The website also contains an introduction to the court and our Country Tracker, designed to give prospective applicants and other interested parties a quick reference on the court’s jurisdiction. You can also find them on Twitter via @acthpr_monitor.
  • The Institute for Migrant Rights and the Centre for Local Law Development Studies Faculty of Law, Universitas Islam Indonesia (UII) are launching the Indonesian Society for International & Comparative Law and the Indonesian Journal of International & Comparative Law (IJICL) of the Institute for Migrant Rights on January 21 at UII in Yogyakarta, Indonesia. The speakers for the event will include: Dr. Hamdan Zoelva, Chairman of the Indonesian Constitutional Court, Professor Ana Vrdoljak, Associate Dean of University of Technology Sydney Faculty of Law, Dean Philip McConaughay, School of Transnational Law Peking University, Shenzen. In addition, Dr. Adam Wallwork of the University of Chicago Law School will be presented the 2014 Ridwan Mukti Prize for his outstanding contribution to IJICL. For more information, please contact Mr. Aditya Rakhman or Ms. Erna Wati.
  • The European Database of Asylum Law (EDAL) is holding an international conference on asylum law in Europe on January 17-18, 2014 in Dublin, Ireland. More information, and registration, is available here.
  • The Yale Institute of International Arbitration is pleased to announce its next breakfast roundtable on The Future of Investment Arbitration in Latin America. It will be held the morning of April 2, 2014, from 8 a.m. until 9:30 a.m., at the New York offices of Debevoise & Plimpton located at 919 Third Avenue. Panelists are Meg Kinnear, Donald Donovan and Hugo Perezcano Díaz. Andrés Jana will moderate. The proceedings will be simulcast via video teleconferencing to various locations in the Americas and Europe. Registration is required, although there is no fee. CLE credit for the New York Bar is available. To register or obtain more information, simply contact Bradley Hayes.

Last week’s announcements can be found hereIf you would like to post an announcement on Opinio Juris, please contact us. 

Weekly News Wrap: January 6, 2014

by An Hertogen

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

Africa

  • South Sudan peace talks were scheduled to start on Sunday in Addis Ababa, but were delayed once again.
  • Congolese troops staved off armed attacks in Kinshasa by armed followers of a religious leader who is critical of President Kabila over his decision to make peace with Tutsi rebels in Eastern Congo.
  • Al-Shabab has claimed responsibility for car bombings outside a hotel in Mogadishu, Somalia.

Asia

Americas

  • In editorials, the NYTimes and the Guardian have called for recognition of Edward Snowden as a whistleblower.

Middle East

Europe

Events and announcements: January 5, 2014

by An Hertogen

  • The Cambridge Journal of International and Comparative Law (CJICL) will hold its Third Annual Conference on May 10-11, 2014 at the St John’s College Divinity School, University of Cambridge. This conference will explore approaches that question the traditional state-centric view of international and comparative law. The idea of universality suggests that international law applies equally and indiscriminately across domestic legal systems, and within sub-systems of international law itself. Cosmopolitanism conceives of the world as a single entity, with resonances between people irrespective of their location, nationality and culture, and asks how legal actors can access legal regimes beyond their state’s domestic framework.  Abstract submissions, no longer than 300 words and accompanied by a brief biography or CV, should be submitted online by January 26, 2014. More information is here.
  • The European Law Journal, HEC Paris and the Center for Research on Transnational Law
    (CTL), Peking University School of Transnational Law (PKUSTL), Peking University
    Shenzhen Graduate School, are welcoming proposals for presentation at the 10th
    International Workshop for Young Scholars (WISH)/10ème Rencontre Internationale des Jeunes Chercheurs (RIJC), scheduled to take place in Paris in December 2014. Proposals must be written by doctoral candidates (or equivalent) who have not yet submitted their thesis or have been awarded their doctorate in the 12 months prior to March 15, 2014. More information is here.

Our previous events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us.