In association with the International Commission of Jurists

Regions

25 Jul

[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...

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25 Jul

[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...

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24 Jul

[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”)...

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23 Jul

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...

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22 Jul

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...

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18 Jul

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...

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17 Jul

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...

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15 Jul

[Ricardo Arredondo is professor of Public International Law at the University of Buenos Aires and at the University of Palermo. He is Professor of Diplomatic Law and Practice at the Institute for the Foreign Service of Argentina.] After more than two decades of negotiation, on June 28, Mercosur and the European Union reached “a political agreement for an ambitious, balanced and comprehensive trade agreement”, according to the...

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08 Jul

Max du Plessis is Senior Counsel in South Africa, an Associate Fellow at Chatham House, a Senior Researcher at the Institute for Security Studies, an Associate Tenant at Doughty Street Chambers and an Honorary Research Fellow, University of KwaZulu-Natal. Christopher Gevers is a Lecturer in the School of Law at University of KwaZulu-Natal. In our first post, we identified how the...

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08 Jul

Max du Plessis is Senior Counsel in South Africa, an Associate Fellow at Chatham House, a Senior Researcher at the Institute for Security Studies, an Associate Tenant at Doughty Street Chambers and an Honorary Research Fellow, University of KwaZulu-Natal. Christopher Gevers is a Lecturer in the School of Law at University of KwaZulu-Natal. This is the first of two blog posts...

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