Author Archive for
An Hertogen

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!

Events and Announcements: August 10, 2014

by An Hertogen

Events

  • The International Criminal Tribunal for Rwanda (“ICTR”) is organising an International Symposium on the Legacy of the ICTR to be held in Arusha, Tanzania on November 6-7, 2014. With the ICTR’s closure scheduled for 2015, the Symposium aims to provide an opportunity for experts in the field of international justice to reflect on the ICTR’s contributions to the development of international humanitarian law, administration of justice, and promotion of the rule of law, particularly in the Great Lakes Region. We invite experts in the field to submit proposals for papers to be presented during the Symposium. Papers should focus on the topics indicated in the draft programme, which can be found here. The full text of the call for papers can be found here.

Announcements

  • American University Washington College of Law’s Academy on Human Rights and Humanitarian Law is pleased to announce that the American Bar Association, at its Accreditation Committee’s June 26-28, 2014 meeting, approved the LL.M. in International Human Rights and Humanitarian Law. This new offering by the Academy recognizes the vast interest in the legal community in studying human rights law at American University Washington College of Law (AUWCL). This program is the only LL.M. program in International Human Rights and Humanitarian Law in the United States to offer a hybrid curriculum of its kind in a U.S. law school. With online and residential course components, this program is designed for practitioners and other human rights professionals who wish to pursue advanced studies in international human rights law and humanitarian law alongside their existing work responsibilities. AUWCL has built a significant reputation in this field and it is highly recognized around the world.  Moreover, its unique location in Washington D.C. offers unparalleled opportunities to legal professionals from the U.S. and around the world. Access more information HERE.
  • The School of Law at the University of Reading in the UK has just launched Global Law at Reading (GLAR), a major new teaching and research hub for law staff and students working in public international law, EU law and human rights. The GLAR website has recently been developed and is now live here. This provides up-to-date information on GLAR, including news and events, relevant staff profiles, publications and research, and much more. As such, it is an invaluable resource especially for those interested in studying public international law, EU law or human rights at Reading, whether for one of our dedicated GLAR LLM programmes or the PhD. The GLAR website will be continually updated with news and events concerning the work done in global law areas at the University of Reading, and it will soon feature a regular free podcast featuring debates and papers on GLAR topics.

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 2-8, 2014

by An Hertogen

This week on Opinio Juris, the main point of discussion was the ICC’s jurisdiction over the situation in Gaza. Eugene Kontorovich put the spotlight on a recent development at the ICC in relation to Egypt that reduces the chances of the Palestinians’ ICC accession bid being accepted, to which Kevin responded here and Eugene followed up here. In related posts, Kevin pointed out the Bar Human Rights Committee in the UK request to the OTP for an investigation of the situation in Gaza, the OTP’s statement that the ICC lacks jurisdiction, and his podcast on the issue.

Clare Frances Moran contributed an Emerging Voices post on the contribution of international criminal tribunals and courts to the development and promotion of international human rights law. Other posts in this symposium discussed race-based statelessness in the Dominican Republic and a discussion of the impact of extraordinary reparations on the legitimacy of the Inter-American Court of Human Rights.

In other posts, Julian shared his thoughts on Taiwan’s East China Sea Peace Initiative, and criticized Argentina for launching ICJ proceedings against the US, which the latter is unlikely to consent to. He also discussed the Article II “Humanitarian Intervention” powers in light of President Obama’s authorization of airstrikes against ISIS.

Jessica wrapped up the weekly news and listed events and announcements. A very special event is Philippe Sands’ upcoming London premiere of his “A Song of Good and Evil“.

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

Weekend Roundup: July 26-August 1, 2014

by An Hertogen

This week on Opinio Juris, we had some vigorous debate on the legality of Israel’s “Operation Protective Edge” in Gaza. Kevin opened the week with the question whether Israel can cut off water and electricity to Gaza, and Janina Dill raised two concerns with the IDF’s practice of using warnings. Julian commented on the Joint Declaration on the Gaza Offensive signed by over 140 international law experts, and Tali Kolesov Har-Oz and Ori Pomson discussed the use of human shields through the lens of international criminal law.

Our Emerging Voices symposium continued with a post by Rosemary Grey on sexual violence as a war crime in the Ntaganda decision. Continuing on this gender theme, Jens Iverson discussed the rights of women in armed conflict. Finally, David Benger argued that the preliminary examinations in Iraq had resulted in a net loss for the ICC’s political capital.

Big arbitration news as well this week with the historic $50bn dollar award against Russia in the Yukos arbitration, and Argentina’s default followed by its threat to sue the United States for its courts’ contribution to the default.

In other posts, Jens Ohlin inquired after the meaning of the common law of war and examined when the combatant’s privilege applies, while Duncan analysed US claims that Russia’s tests of a ground launched missile violated the 1987 INF Treaty.

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

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