I have been mildly obsessed with the dispute between the Philippines and China for over three years now. It touches on so many areas of my research interest: international courts, China, and the UN Convention of the Law of the Sea. So I am almost sad that the dispute, at least for legal purposes, finally ended today with the arbitral...
The much-anticipated long awaited South China Sea Arbitration award on the merits is here! It is a slam-dunk, complete, utter, massive, total legal victory for the Philippines on all counts (lots of metaphors here, none are quite sufficient). Essentially, the tribunal ruled in favor of almost all of the Philippines' claims in the arbitration. Perhaps the most headline friendly result:...
William Gibson, repurposing a Gertrude Stein quip, said about cyberspace "there's no there, there" capturing the ethos of the internet as a place beyond the physical world of borders and jurisdiction. Bitcoin melded cryptography and networked processing to attempt to make a currency that was not based in or controlled by any state. But the internet is based on servers and...
[Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University and a permanent visiting professor at iCourts: Center of Excellence for International Courts at the University of Copenhagen.] As the world reacts to the shock of the Brexit referendum, international lawyers are turning their attention to the mechanics of Britain’s departure from the EU. Article 50 of...
As the news of the Brexit vote sinks in, commentators are considering the various longer-term effects. I want to highlight the how this may look to the EU’s neighbors to the east, especially countries such as Ukraine, Moldova, and Georgia that have recently signed Association Agreements with the EU. Ukraine and Moldova, in particular, have electorates that are divided over...
We at Opinio Juris are very proud that our colleague Duncan Hollis of Temple University Law School was elected on June 15 by the General Assembly of the Organization of American States to the Inter-American Juridical Committee, which ...
Foreign Policy has a great report from Michael Shifter on the ongoing diplomatic battle within the members of the Organization of American States over how to respond to Venezuela's ongoing political and economic crisis. According to Shifter, the OAS Secretary General Luis Almagro is pushing hard to get the OAS membership to invoke Article 20 of the OAS Democratic Charter...
Earlier this week, Julian and I each posted about the international legal issues of the Moon and asteroid mining plans of U.S. companies. Those projects may have sounded like something out of Space 1999 but now we hear of one of China’s near-term priorities that sounds like SeaLab 2020. Bloomberg reports: China is speeding up efforts to design and build a manned...
I know Opinio Juris is probably not where you come for sports updates but this is the result of the ConIFA World Football Cup, a tournament among unrecognized regimes, minorities, and stateless peoples. For more on ConIFA, statehood, and nationalism, see my post from last week. In short, the ConIFA competition may be an attempt not only to boost morale within...
States and nations are not the same thing. A nation is a "people," itself a difficult concept to define under international law. A state is a recognized political entity that meets certain criteria. International lawyers will tell you that the characteristics of statehood include a defined territory, a government, a permanent population, and the ability to enter into foreign relations. State...
Just when I thought I was beyond being genuinely horrified, Roving Bandit called my attention to a story in Der Spiegel that almost defies words: The ambassadors of the 28 European Union member states had agreed to secrecy. "Under no circumstances" should the public learn what was said at the talks that took place on March 23rd, the European Commission warned...
The game in question -- from which the screenshot is taken -- is entitled Liyla and the Shadows of War. Here is how the gaming magazine Hardcore Gamer describes it: Liyla and the Shadows of War is a short, dark game about exactly what the title implies. You play as a father running home through a war zone attempting to collect...
