Author: Kristen E. Boon

Dear Readers:  we are delighted to announce that we will be publishing Jutta Brunnée's keynote speech, entitled Challenging International Law: What's New? given at the Canadian Council on International Law's annual meeting in Ottawa on November 2, 2018. The speech will be divided into 3 posts, and comments in response will be offered by Christian Marxsen of the Max Planck Institute,...

The International Law Commission, a group of 34 independent experts, charged with codifying and progressively developing international law is currently (and exceptionally) meeting at the UN in New York. Amidst the substantive conversations on subsequent practice of treaties, customary international law, and jus cogens, there are two other themes that are coming up with some frequency. First, the lack of gender diversity...

On Thursday, May 10, the US Supreme Court will decide whether to grant cert in Budha Ismail Jam v.  International Financial Corporation(IFC), a case involving environmental damage arising from a coal fired power plant in India.    Two excellent blogs on the case written by Rishi Gulati in 2017 can be found here. The case turns on the interpretation of a US...

I am pleased to announce an upcoming experts workshop on UN Accountability on October 19 at Seton Hall Law School. This workshop will explore the liability of International Organizations for international wrongs, as well address direct, indirect or shared responsibility. It will offer a detailed examination of accountability, and what models of external and internal international dispute resolution currently exist, and...

[This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] One of the interesting observations Aeyal makes in his important new book The Writing on the Wall, is that new forms of control are radically challenging the law of occupation.   Traditionally, occupation has been understood as a...

Waiver of immunity is at the center of another cholera case against the UN, this time in the Eastern District of New York.  In LaVenture et al v. United Nations, the plaintiffs argue that they have two distinct questions on waiver that distinguish this litigation from the recent decision upholding the UN's absolute immunity in Georges et al.  The questions...

A terrific event is coming up in NYC Friday,  March 10, 2017, 6:00 p.m. - 9:00 p.m. at the New York City Bar.   Ian Johnstone, Jacob Katz Cogan, Thomas G. Weiss,  and Anjali Dayal will discuss the Future of International Organizations.  The Moderator will be Mona Khalil of Independent Diplomat. The speakers are editors and contributors to the Oxford Handbook of International Organizations. This...

Seton Hall Law School (where I am a professor) organized an excellent panel on the travel ban and immigration restrictions last Thursday, Feb 2.    For those who wish to learn more about the legal effects of the executive order, I encourage you to watch it here. You will see presentations by Professors Lori Nessel, Ed Hartnett and Jonathan Hafetz discussing the...

On December 1 in a meeting in the UN’s Trusteeship Council, the UN Secretary General apologized for not doing more in the UN Haiti Cholera affair, stating “"On behalf of the United Nations, I want to say very clearly: We apologize to the Haitian people … "we simply did not do enough with regard to the cholera outbreak and its...

Like most policy issues in his campaign, Trump’s references to the UN and multilateralism have been brief.   If one searches for Trump & the UN, the main hit are statements made in 2005 that he could do a much better job renovating the UN than the UN itself! Apart from disparaging remarks about the Paris climate change agreement, the TPP, NATO...

Today, on the opening of the GA, and in his final such speech as UN Secretary General Ban Ki-Moon indicated that a compensation package for victims of Cholera is forthcoming. Speaking in French (original here), he expressed regret over the recent peacekeeper sexual abuse scandals and the Cholera epidemic in Haiti, and promised a package of assistance and support for...

In case you haven't seen it, The High Commissioner for Human Rights' recent speech addressed to "populists, demagogues and political fantasists" is well worth reading.   The speech can be viewed here, and a link to the video here. As Prince Zeid says:  "The proposition of recovering a supposedly perfect past is fiction; its merchants are cheats.  Clever cheats."  ...