Author Archive for
Jessica Dorsey

Events and Announcements: May 31, 2015

by Jessica Dorsey

Events

Announcements

  • The University of Lancaster has announced a conference on Hybrid Warfare and Minorities, taking place 26 June 2015. This conference looks at recent trends in unconventional warfare involving cyberattacks, the media and the use of irregular forces, and their relationship with human and minority rights. Three panels will address 1. Cyberwarfare, Freedom of Expression and Minorities; 2. Hybrid Warfare and Attribution; 3. Hybrid Warfare and the Concept of “Attack”. Keynote speakers are Dr. Thomas D. Grant (University of Cambridge) and Professor Bill Bowring (Birkbeck, University of London). Further details can be found here.

Our previous events and announcements post 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: May 17-31, 2015

by Jessica Dorsey

Over the last two weeks at Opinio Juris, we’ve seen several contributions. Our regular bloggers covered a number of recent developments such as Deborah’s recent post, cross-posted on Just Security, on the D.C. district court’s considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, and the concept of “active hostilities.” On a related note, Jens covered the nature and scope of the conflict in Afghanistan.

Kristen pointed out that the ILC has now appointed a special rapporteur on jus cogens and also highlighted two recent reports on the ILC website, the first on crimes against humanity and the second on the identification of customary international law.

Julian also weighed in with a couple of posts, the first calling on the world’s media to realize that the US is not challenging China’s territorial claims in the South China Sea (yet) and the second was to point out his new article on Argentina’s sovereign debt crisis at University of Pennsylvania Journal of International Law, entitled: “Don’t Cry for Sovereign Debtors: Why Argentina’s Defeat in U.S. Courts Does Not Justify a Sovereign Debt Treaty.”

Kevin posted on Regulation 55 of the Rome Statute in the context of the Gbagbo proceedings and what he terms the irrelevance of the confirmation hearing. He also posted on when the left shoots itself in the foot (IHL version).

We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and the Principle of Complementarity under the Rome Statute.

Finally, I wrapped up the news and posted on the events and announcements.

Thanks to our guest contributors and to you for following us on Opinio Juris. Have a great weekend!

Weekly News Wrap: Monday, May 25, 2015

by Jessica Dorsey

Africa

Middle East and Northern Africa

Asia

Europe

Americas

Oceania

UN/World

Events and Announcements: May 24, 2015

by Jessica Dorsey

Events

  • The University of Essex is hosting the Spring Conference of the International Law Association (British Branch) on 29th – 30th May 2015, on the theme of ‘International Law as a Mechanism for Justice’. The keynote speakers will be Howard Morrison CBE QC, Judge of the International Criminal Tribunal for the former Yugoslavia and Professor Francesco Francioni, European University Institute. The programme and information on registration and accommodation are available here. Should you have any queries about the conference, please feel free to get in touch at the following address: ilaconference2015 [at] essex [dot] ac [dot] uk.
  • On 28 May 2015, the British Institute of International and Comparative Law (BIICL) will host a seminar entitled ‘Ethics in the “International Bar”: Rules, Gaps and Improvements in the Regulation of the Professional Ethics before International Courts and Tribunals’. This event is part of the Temple Garden Chambers Seminar Series in International Adjudication. While there is no universally accepted code on ethical requirements in proceedings before international courts and tribunals, ethical conduct in the “International Bar” is one of the most important issues in contemporary international adjudication. Many international courts (such as the ECHR, the ICC, the ICTY and ICTR) have adopted rules that regulate the behaviour of prosecutors, counsels and judges. Similarly, several professional associations (such as the IBA, the ILA and the Council of Bars and Law Societies of Europe) have adopted non-binding codes of conduct for litigants and judges. This seminar will focus on the need to uphold the highest ethical standards in international adjudication. In addition, it will identify gaps in the existing documents and mechanisms for the maintenance of professional integrity in the “International Bar” and suggest improvements. This event will be chaired by Karim Khan QC with keynote speaker, Judge Jean-Pierre Cot (ITLOS). Discussants include Dr Arman Sarvarian (University of Surrey) and José María Alonso (Baker & McKenzie – Madrid). Download the Event Flyer here.

Calls for Papers

  • Call for Papers – International Organisations and the Rule of Law: Perils and Promise, Victoria University of Wellington Faculty of Law, New Zealand, 7-8 December 2015. This workshop will take a fresh look at the resources that international law possesses to ensure that international organisations (IOs) are held accountable for their errors and excesses, while remaining relevant and effective in the face of ever growing global challenges. How can international law develop in a way that preserves and enhances the dynamic possibilities of IOs while making sure that they comply with the rule of law? Can international law offer solutions, or is it part of the problem? The workshop organisers welcome papers that present original legal or empirical research; theoretical reflections; case studies from practice; and critical and historical perspectives. For more details see the call for papers.
  • Call for Papers: Development and the Rule of Law: from Research to Practice. The Global Rule of Law Exchange, a new project at the Bingham Centre for the Rule of Law, seeks to address key challenges posed by global development and its relationship to the rule of law. It will consider the challenges in respect of developing the rule of law in emerging economies, with regard to issues such as access to justice, corruption, legal certainty, government decision-making and the measurement of success in rule of law interventions. Other issues include – but are not limited to – growth, investment and the effects on national economies and local communities; the relationship between formal and informal legal systems; and the extent to which access to justice is or could be an instrument of empowerment and of more equal distribution of resources. Among its work, the Exchange is keen to foster empirical and comparative knowledge on what works and what does not in rule of law interventions, encourage discussions on their impact, as well as to identify good practice, research gaps, and ways forward. To this end, the Exchange will compile a list of short papers (such as think pieces, practice notes, policy documents, etc.) of around 1,500 – 3,000 words presenting research, case-studies and evidence from the field. Multidisciplinary analyses are encouraged, as are quantitative and qualitative studies. Conferences will be organised in London and in the United States in late 2015 and early 2016 to discuss the papers (date TBA). Shortlisted papers will feature in an edited publication, but the Exchange is also exploring opportunities of publishing a collection of these articles in a peer-reviewed journal. A 150-300 word abstract of the paper should be submitted by 30 June 2015, with final papers by 30 September 2015. (more information here.)

Announcements

  • The American Society of International Law (ASIL) and its Women in International Law Interest Group (WILIG) are now launching the third year of the Women in International Law Mentoring Program. Since 2013, over 240 women have participated in ASIL’s mentoring program as both mentors and mentees in 17 cities from Tucson to Singapore. The feedback has been extremely positive, and with the enthusiasm of our current participants, we have built a strong, inter-connected, and global network. We hope to reach more women for the 2015-16 program! The Women in International Law Mentoring Program is the first of its kind in international law and is designed to foster the next generation of female international lawyers. The program connects experienced female international law professionals with female law students and new attorneys interested in professional development in the field of international law. Mentoring takes place locally, in a group setting, with a maximum of four mentees for every mentor. Mentors and mentees meet in person every other month during the course of an academic year to discuss topics and engage in activities designed to help junior women enter and be successful in the field of international law. Mentors will be provided with optional pre-planned meeting topics to structure meetings for their groups. Upon finishing the requirements of the one-year program, all participants receive a certificate of completion.

Our previous events and announcements post 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.

Events and Announcements: May 17, 2015

by Jessica Dorsey

Events

  • Today and tomorrow, at the Cardozo School of Law, New York, New York, the conference, Constitutional Conflicts and the Judicial Role in Comparative Perspective will be held. This conference, which marks the launch of the Israeli Supreme Court Project at Cardozo Law, will explore the Court’s jurisprudence on complex and challenging questions facing open and multi-cultural societies everywhere. Because these issues are salient in, but by no means peculiar to, Israel, a comparative perspective will enrich our understanding of how such issues are, and might be, dealt with in other democratic societies. Panels will address the general question of the value and challenges of comparative legal study, differing conceptions of the role of the judiciary and doctrines of justiciability, and substantive areas of current controversy, including the role of the courts in overseeing national security and intelligence gathering; immigration, asylum, and treatment and status of refugees; and religion in the modern nation-state. The conference is free and open to the public, but registration is required. Please email ISCP [at] yu [dot] edu with your name, affiliation, and contact information. For more information, see here.
  • Delegates are now able to reserve places for The Chagos Litigation: A Socio-Legal conference, which takes place on 29th June 2015 at the University of Greenwich. The keynote speaker is Professor Philippe Sands QC (University College London), who recently represented Mauritius in its proceedings against the United Kingdom at the Permanent Court of Arbitration. The conference is free to attend and is open to academics, legal practitioners and postgraduate students. Delegates can reserve their place by emailing: lawevents [at] gre [dot] ac [dot] uk. Further information can be found here.

Calls for Papers

  • The TAU Buchmann Faculty of Law is pleased to invite submissions to its third annual  workshop for junior scholars in law, which will take place in October 26-27, 2015. Through law, theory comes into our daily lives in many ways. The workshop will explore the connection between theory and life: how different theories are applied through legal doctrines, how theory comes to life through its application and how theory influences society and our lives. Relevant papers could, for example, discuss more specific questions like: How does theory come into life in different fields of law, such as criminal law, public law, corporate law, civil law, international law, cyber law, environmental law and others? What is the connection between human rights theories and their acceptance or rejection by different actors? How does legal theory deal with rapid changes in science and technology? What are the potential theoretical justifications to recognize obligations of states towards foreign individuals or communities? How can different actors, such as governments, philanthropists, public litigators and human rights organizations use theory to further their cause? How do lessons learned from historical events affect the formation of theory and practice? For details regarding submission and funding possibilities please see the call for papers

Announcements

  • The South China Sea Institute of Xiamen University, and Center for Polar and Deep Ocean Development of Shanghai Jiao Tong University, announce their annual summer program – Marco Polo- ZHENG He Academy of International Oceans Law and Policy, to be held from July 5 – July 31, 2015. These centers are leading interdisciplinary research institutes in China in the area of Oceans Law and Policy. This is the 10th anniversary of the summer academy which has been attended in past by the scholars, practitioners, diplomats and students from -: Australia, Bangladesh, Belgium, China, Colombia, Hong Kong, India, Indonesia, Iran, DPR Korea, Rep. of Korea, Malaysia, Poland, Russia, Singapore, Switzerland, U.S., and others. The four week intensive summer program is divided into two sessions to be held in Chinese cities of Xiamen and Shanghai. The participants have an option to attend either or both the sessions. The program offers a unique chance to learn about the Chinese perspectives on Law of the Sea and its policies. The structure of the program is such that the class lectures are held in morning sessions and in the afternoon sessions trips to Chinese courts, law firms, and governmental agencies related to oceanic administration, museums, etc., are planned. Participants also have the option of taking tests and getting credits transferred to their own schools. Limited number of scholarships is offered to outstanding candidates upon application and subsequent review. Please find more information about Xiamen Session here and Shanghai Session here.

Our previous events and announcements post 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: May 10-16, 2015

by Jessica Dorsey

This week on Opinio Juris, Duncan posted his thoughts on the fog of technology and international law with respect to drone strikes and Kevin defended (!) Jeb Bush for his somewhat botched answer to Fox News’ Megyn Kelly about the Iraq war.

We had three great guest posts. The first, garnering a large amount of discussion, was from Eugene Kontorovich on Iran’s relief ship and the blockade of Yemen. Our second came from Emma Irving, highlighting the news this week that Mathieu Ngudjolo Chiu, acquitted by the ICC, was sent packing from the Netherlands back to the DRC without asylum, despite the risk he claims he faces in the DRC. Finally, Rishi Gulati weighed in on the recent case of Anders Kompass, the senior UN official who leaked an internal UN report on sexual abuse by UN staff in the Central African Republic to the French authorities, and gave some insights into the UN’s internal justice system.

We’ve announced our third annual Emerging Voices symposium–abstracts are due by 31 May 2015 and I rounded up the news here and the events of the week here.

Thanks for following us and have a great weekend!

Emerging Voices 2015: Call for Abstracts

by Jessica Dorsey

This summer we will host our Third Annual Emerging Voices symposium, where we invite doctoral students and early-career academics or practicing attorneys to tell Opinio Juris readers about a research project or other international law topic of interest.

If you are a doctoral student or in the early stages of your career (e.g., post-docs, junior academics or early career practitioners within the first five years of finishing your final degree) and would like to participate in the symposium, please send a 200-word summary of your suggested post and your CV to opiniojurisblog [at] gmail [dot] com by May 31, 2015.

We’ll let you know by mid-June if you are invited to submit a full post. Submitted posts should be  between 1000-1500 words will then be reviewed by our editors. Final essays will be posted on Opinio Juris in July and August.

If you have any questions, feel free to ask them in the comments or send us an e-mail at the address above.

Weekly News Wrap: Monday, May 11, 2015

by Jessica Dorsey

Africa

Middle East and Northern Africa

Asia

Europe

Americas

  • The United States on Friday described as horrifying accusations of sexual abuse of children by French and African troops in Central African Republic, and called for a separate inquiry into how the United Nations handled the allegations.
  • The European Union and the United States are close to completing negotiations on a deal protecting personal data shared for law enforcement purposes such as terrorism investigations, three people familiar with the matter said.
  • Omar Khadr, a Canadian who was once the youngest prisoner held on terror charges at Guantanamo Bay, was released on bail from an Alberta prison Thursday while he appeals a murder conviction by a U.S. military tribunal.

Oceania

  • Australian police said on Saturday they had thwarted an imminent terror attack after discovering explosives at a Melbourne home and arresting a 17-year-old boy, in the latest example of the threat posed by radicalized teenagers in the country.

UN/World

Events and Announcements: May 10, 2015

by Jessica Dorsey

Events

  • On May 14, 2014, the British Institute of International and Comparative Law is hosting: Interpretation in International Law: The Object, the Players, the Rules, and the Strategies. Interpretation in international law is usually referred to as an art or a science. These perspectives imply that interpretation is a static exercise, tied to the rules in the Vienna Convention on the Law of Treaties (VCLT). However, in today’s international legal reality, characterised by the proliferation of international judicial bodies and a variety of participants before them, such understandings have become too narrow. Although the VCLT remains the primary legal source, there is no doubt that interpretation in international law has become a complex and purposeful process, which involves numerous players (litigators, judges, academics, NGO counsels, legal advisers) who devise various strategies to bring a case to a persuasive conclusion. This event will explore the dynamic understanding of interpretation of international law before international and English courts. A drinks reception will follow. Please register here.
  • On May 17-18, 2015, the Benjamin Cardozo School of Law is hosting Constitutional Conflicts and the Judicial Role in Comparative Perspective. This conference, which marks the launch of the Israeli Supreme Court Project at Cardozo Law, will explore the Court’s jurisprudence on complex and challenging questions facing open and multi-cultural societies everywhere. Because these issues are salient in, but by no means peculiar to, Israel, a comparative perspective will enrich our understanding of how such issues are, and might be, dealt with in other democratic societies. Panels will address the general question of the value and challenges of comparative legal study, differing conceptions of the role of the judiciary and doctrines of justiciability, and substantive areas of current controversy, including the role of the courts in overseeing national security and intelligence gathering; immigration, asylum, and treatment and status of refugees; and religion in the modern nation-state. The conference is free and open to the public, but registration is required. Please email ISCP [at] yu [dot] edu with your name, affiliation, and contact information. More information found here.

Announcements

Our previous events and announcements post 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: April 25-May 9, 2015

by Jessica Dorsey

The blog saw quite some discussion over the last two weeks.

As Julian was avoiding grading exams, he posted about Helmerich & Payne v. Venezuela, where the U.S. Court of Appeals for the D.C. Circuit held that “domestic takings” can violate international law. He also covered the Sea Shepherd petition for certiorari with the U.S. Supreme Court and how Russia, in lecturing the EU in international law, threatened to veto the EU’s attempt for authorization of force against traffickers in Libya from the Security Council. Additionally, Julian posed the question of whether investor-State arbitration weakens the rule of law in reference to the ongoing discussion about the TPP and TTIP and urged us to listen to President Obama rather than candidate Obama when it comes to unilateral presidential war powers, in light of a panel on which he was recently a speaker.

Kevin pointed out Darryl Robinson’s must-read new article on the ICC–“Inescapable Dyads: Why the ICC Cannot Win,” which Cambridge University Press has made available to our readers for free until the end of October 2015. He also continued the discussion on Harold Koh’s appointment at NYU by highlighting Human Rights First’s Elisa Massimino’s position (with which he agrees) defending Koh and highlighted Breaking the Silence’s recent report on Operation Protective Edge.

We had three guest posts. The first, from Sondre Torp Helmersen and Niccolò Ridi, discussed whether there was a case for destroying the smugglers’ boats in the crisis in the Mediterranean and the second, from Elisa Freiburg, analyzed Stephen Preston’s recent speech on “The Legal Framework for the United States’ Use of Military Force since 9/11″ at the ASIL Annual Meeting, calling it old wine in new bottles. Finally, Stuart Ford made the case that the complexity of international trials is necessary.

To round it all off, I wrapped up the news here and here, and listed a few events and announcements here. Have a great weekend!

Weekly News Wrap: Monday, May 4, 2015

by Jessica Dorsey

Africa

Middle East and Northern Africa

Asia

Europe

Americas

Oceania

UN/World

  • Key infrastructure in war-torn Yemen, including water supplies, health services and telecommunications, are on the verge of breaking down due to a major fuel shortage, a United Nations humanitarian official has warned.

Weekly News Wrap: Tuesday, April 28, 2015

by Jessica Dorsey

Africa

Middle East and Northern Africa

  • Israel fired on seven United Nations schools during the 2014 Gaza war, killing 44 Palestinians who had sought shelter at some sites, while Palestinian militants hid weapons and launched attacks from several empty U.N. schools, a U.N. inquiry found.
  • The humanitarian situation in Yemen has become catastrophic, relief officials said on Monday, as Saudi-led aircraft pounded Iran-allied Houthi militiamen and rebel army units for a second day, dashing hopes for a pause in fighting to let aid in.
  • Israel invited bids on Monday to construct 77 new homes in two settlements on occupied land in East Jerusalem, drawing a swift Palestinian condemnation.

Asia

Europe

Americas

Oceania

  • Australian ties with Indonesia have become strained after nine drug traffickers met their families for what could be the final time at an Indonesian maximum security prison on Tuesday, as Jakarta rejected international pleas for clemency and ordered their executions to proceed, possibly within hours.

UN/World