Recent Posts

[Dov Jacobs is an Assistant Professor of International Law at Leiden University and a Legal Assistant at the ICC.] The following ideas come as a follow-up to Kevin Jon Heller’s recent post on possible appeal strategies that the OTP could consider following the decision by the PTC to not authorise the opening of a formal investigation in Afghanistan. I will therefore...

[Anil Yilmaz Vastardis is a Lecturer in Law at the Essex School of Law and Human Rights Centre. You can find her on Twitter @anil_yv.] In this post, I will focus on the implications of one of the central questions that the UK Supreme Court (‘UKSC’) addressed in its much-awaited Vedanta Resources PLC and anor v Lungowe and orsjudgment: whether the claimants’ pleaded a...

[Chiara Redaelli is a PhD candidate at the Graduate Institute of International and Development Studies in Geneva and a Visiting Research Fellow at Harvard Law School.] Over the past months, while international legal scholars have been engaging in passionate debates as to whether Nicolás Maduro is still the de jure president of Venezuela or whether Juan Guaidó should be considered the new interim representative of...

Call for Papers The Faculty of Legal Studies, South Asian University, New Delhi (India) is organizing a two-day international conference on South Asia in the Era of International Courts and Tribunals on 28-29 February 2020. The conference theme invites engagement with a range of issues broadly falling within the following three sub-themes: (1) The Composition and Competence of International Courts and...

The Amazon is a 7,000,000 km2 ecosystem, containing the world’s largest rainforest, boasting some 390 billion trees, 2.5 million species of insects and over 2,000 species of birds and mammals, spanning the territories of eight states (Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname, and Venezuela). It is also the name of a company worth 810 billion dollars. Back in 2012, Amazon – the company – applied to register...

[Doug Cassel is an Emeritus Professor of Law at Notre Dame Law School.] The unanimous jurisdictional ruling of the United Kingdom Supreme Court in Vedanta Resources PLC and another v Lungowe and others, issued April 10, is the most important judicial decision in the field of business and human rights since the jurisdictional ruling of the United States Supreme Court in Kiobel v Royal Dutch Petroleum in 2013. ...

[Robert McCorquodale is a Professor of International Law and Human Rights at the University of Nottingham UK, a barrister at Brick Court Chambers in London, and is the founder and principal of Inclusive Law, a consultancy which aims to bring together business, law and human rights. He was part of the legal team which represented the International Commission of Jurists...

Yesterday I participated in the launch of a new report at the International Peace Institute, entitled 'A Necessary Voice: Small States, International Law and the UN Security Council.'   A link to the report and the webcast is available here.   The conversation emphasized how the history of international law is replete with instances of how small states (defined as countries with...

I have been thinking more about how the OTP can appeal the Pre-Trial Chamber's refusal to authorize the Afghanistan investigation. I was perhaps a bit too dour in my assessment of whether the Appeals Chamber is likely to get the chance to reverse a decision that I consider fundamentally flawed. The most obvious option would be to seek leave to appeal the...

Many thought this day would never come, and I consider myself one of them. Last week President Omar al Bashir became former President Omar al Bashir after months of citizen led protests and a definitive intervention by the Sudanese Army. The remarkable power of citizen protests and the dogged determination to topple a corrupt regime has been inspirational to observe...

It was another busy week on Opinio Juris. Victor Kattan kicked things off with a systematic analysis of the false premises undergirding Israel’s claims to the West Bank in two parts (here and here). Alonso provided a detailed post on the interplay between human rights and investor state dispute settlement (ISDS), with a particular focus on indigenous “social license” in investment...