[Sarah Kay is a human rights lawyer from Belfast, Northern Ireland. She is working on counter-terrorism and human rights and is a graduate of Trinity College Dublin. Photo credit: Zach D. Roberts.] In her new book, “Being Numerous: Essays on Non-Fascist Life”, writer Natasha Lennard examines various aspects of contemporary resistance movements. While the book is, by and large, political, it focuses on issues close to the...
Call for Papers The Juris En Conference on International Law 2020 (JECIL 2020) is an academic conference on the modernist approaches of International Law and its allied fields. This conference is being organized by Internationalism, a research organization dedicated to the innovative evolution of international law via academics, learning, and social entrepreneurship. We are in collaboration with ISAIL-Lucknow Institute for a Greater...
[Marie Davoise is an English-qualified lawyer who specialises in business & human rights and international criminal law. Previously in private practice, she is currently working as a Visiting Professional at the International Criminal Court. The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of the ICC or its members.] Although...
[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is part two of a two-part post. Part I can be found here.] On the Question of Remedies Arguably, it is here that the case assumed critical importance not just for jurisprudence of international law as such but also for the parties...
[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is the first part of a two-part post.] As the International Court of Justice (ICJ/Court) began to hand down its decision on the Jadhav case, it became almost certain that the ruling will be on predictable...
[Alonso Illueca is a lawyer and adjunct Professor of International Law at Universidad del Istmo] On July 12, 2019, Panama announced its decision to withdraw its flag from any vessel violating “sanctions and international legislation”. This decision resulted in the removal of 59 ships (mostly tankers) from Panama’s shipping fleet due to their link with the Islamic Republic of Iran (“Iran”)...
Paula Baldini Miranda da Cruz is a Lawyer, LLM Adv. Studies in Public International Law at Leiden University (Netherlands). Ph.D. candidate at Leiden University (Netherlands) and Rafael Braga da Silva is a Lawyer, LLM University for Peace and United Nations Interregional Crime and Justice Research Institute (UNICRI) (Italy) and LL.M. Adv. Studies in Public International Law at Leiden University Netherlands). In...
[Lena Riemer just finished a year as a Fox International Fellowship at Yale University and is currently a PhD Candidate at the Free University of Berlin writing on the prohibition of collective expulsion in public international law.] In June 2019, US President Donald Trump announced a migration agreement with Mexico which reportedly provides for “a regional approach to burden-sharing in relation to the...
Ernesto J. Sanchez is an attorney in Miami, Florida who concentrates his practice on appellate and international dispute resolution matters. He is also the author of The Foreign Sovereign Immunities Act Deskbook, published by the American Bar Association. As tensions between Iran and the United States continue, Opinio Juris readers will most likely consult the numerous superb legal commentaries on whether the United...
On 23 January 2019, Juan Guaidó, the President of the Venezuelan National Assembly, proclaimed himself as the caretaker President of Venezuela in accordance with Article 223 of the Venezuelan Constitution. Guaidó’s Government falls foul of the criterion of effectiveness (control of at least some territory, habitual obedience of a majority of the population, and reasonable prospect of permanence), which remains with Maduro. The claim is purely...
The Kulbhushan Jadhav case – between India and Pakistan at the International Court of Justice – will be decided today. India initiated proceedings before the ICJ on May 8, 2017 relating to the arrest, detention and sentencing to death of Jadhav. While the facts are disputed, here are the basics: Pakistan alleges that Jadhav is a serving Indian naval officer, who at...
Solomon T. Ebobrah is a Legal Adviser with the International Commission of Jurists Decades after the end of colonialism in Africa, judiciaries in African States are confronted with the challenge of determining the extent to which the post-colonial state in Africa can legitimately interfere in the private lives of people as expressed in their preferred sexuality with another consenting adult behind closed doors. Judiciaries in...