[Sergey Sayapin LLB, LLM, Dr. iur. is an Assistant Professor in International and Criminal Law at KIMEP University’s School of Law, Almaty, Kazakhstan, since 2014, and Director of the LLB in International Law Programme.] Introduction On 25 November 2018, Russia attacked and seized three Ukrainian navy vessels, which were on their way from Odessa to Mariupol. Russia´s Federal Security Service...
During colonial times, the Spanish empire lost around 1500 warships carrying priceless riches from the gold and silver mines of the Andes and the Sierra Madre. Under international law, these sunken warships are immune from state jurisdiction and generally remain state property even after sinking. In the past decade, international law has sought to regulate their preservation and salvaging, both...
[Jenny Domino is a Harvard Law School Satter Fellow placed with ARTICLE 19. The views expressed in this article are the author’s own and not the views of ARTICLE 19.] Facebook has been described as a service to democracy. This perception arguably peaked during the Arab Spring uprisings, touted as Facebook’s crowning glory in its mission to connect people. The past...
[Caroline Stover is a lawyer focusing on human rights law and refugee law in Southeast Asia.] Mr. Hakeem Al-Araibi, a Bahraini footballer, dissident, refugee, and Australian legal permanent resident, has been detained in Bangkok since late last month, as Thailand considers whether it will send Mr. Al-Araibi back to Bahrain, or allow him to return to Australia. If returned, Mr. Al-Araibi...
[Lieutenant Commander Yusuke Saito is a legal advisor in the Japan Maritime Self-Defense Force (JMSDF) and a military professor at Stockton Center for International Law, United States Naval War College. The views expressed in this article are of the author alone and do not necessarily reflect the stance of the U.S. Naval War College and Japan Maritime Self-Defense Force.] Introduction The U.S.–North...
In a recent article published in AJIL, I tried to develop a coherent theory of the doctrine of specially-affected states, first articulated by the ICJ -- and largely ignored thereafter -- in North Sea Continental Shelf. I concluded the article with a call to the Global South to invoke the doctrine more liberally in international litigation: This article, then, is not...
[Constance Kaempfer is writing a PhD on the role of subnational parliaments in implementing international obligations. Sophie Thirion conducts PhD research on trade measures in multilateral environmental agreements. Evelyne Schmid is an associate professor of public international law (http://www.ius-gentium.ch). All three authors are based at the University of Lausanne, Switzerland.] On 25 November 2018, the Swiss population and the cantons voted on...
[Kingsley Abbott is the ICJ’s Senior International Legal Adviser for Global Accountability, and is based in Bangkok, Thailand. Twitter: @AbbottKingsley.] Later this month, the Fifth Committee of the UN General Assembly, responsible for budgetary and administrative matters, is likely to approve the budget for the “Ongoing Independent Mechanism” (OIM) for Myanmar created by resolution at the UN Human Rights Council last September....
[Beatrice Walton is a graduate of Yale Law School, where she was a Kerry Fellow at the Jackson Institute and a Herbert J. Hansell Student Fellow at the Center for Global Legal Challenges.] On Tuesday, the European Court of Justice (ECJ) commenced an expedited hearing on the question of whether a member state can unilaterally revoke a notification of intent to withdraw...
I wasn't feeling particularly well on my recent long flight from Buenos Aires to Amsterdam, so I took advantage of my sickness to binge watch all eight episodes of BBC2's international criminal justice drama, Black Earth Rising, which focuses on the 1994 Rwandan genocide. I wasn't expecting much, because BER was billed as a drama about the ICC. But I was...
Cocaine is a big problem in Latin America. According to the UN, 99.5% of worldwide coca cultivation is concentrated in just three countries: Colombia, Peru, and Bolivia. Under pressure from the Global North, Latin American nations have reduced the problem to a plan to contain cocaine flows through mostly violent means, to disastrous humanitarian consequences. In several states, violence has...
On Wednesday, a court in the UAE sentenced a PhD student at Durham University, Matthew Hedges, to life imprisonment for supposedly "spying" for the British government. There is no evidence to support the spying allegation, and both Hedges and the British government vociferously deny it. By all accounts, Hedges was simply in the UAE to research the country's foreign and...