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Weekend Roundup: July 5-11, 2014

by An Hertogen

This week on Opinio Juris, we hosted a symposium on Ian Henderson and Bryan Cavanagh’s paper on Military Members Claiming Self-Defence during Armed Conflict. In a first post, Ian and Bryan discussed when self-defence applies during an armed conflict, while their second post dealt with collateral damage and “precautions in attack”. Their third post addressed prohibited weapons, obedience to lawful commands, and a ‘duty’ to retreat, and summarized the main points of their paper. In their final post, they focused on the concept of unit self-defenceJens Ohlin and Kinga Tibori-Szabó commented.

In our regular posts, Kevin posted Yuval Diskin’s comments on the escalating situation in Israel and the Occupied Territories and pointed out a misrepresentation in ABC’s reporting on the conflict. Julian argued why a Japanese intervention in Taiwan would violate international law, but should still be done if it came to defending Taiwan against a Chinese attack. Peter pointed out three distortions behind July 4 naturalization ceremonies

Finally, Jessica wrapped up the news.

Many thanks to our guest contributors and have a nice weekend!

http://opiniojuris.org/2014/07/12/weekend-roundup-july-5-11-2014/
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Weekly News Wrap: Monday, July 7, 2014

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:

Africa

Asia

Europe

Middle East and Northern Africa

Americas

UN/Other

http://opiniojuris.org/2014/07/07/weekly-news-wrap-monday-july-7-2014/
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Weekly News Wrap: Tuesday, July 1, 2014

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:

Africa

Asia

Europe

Middle East and Northern Africa

Americas

UN/Other

http://opiniojuris.org/2014/07/01/weekly-news-wrap-tuesday-july-1-2014/
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Weekend Roundup: June 14-27, 2014

by An Hertogen

This fortnight on Opinio Juris, Kevin and Deborah discussed the OLC’s legal justification of the killing of Anwar al-Awlaki, which Kevin called murder. Kevin then replied to a response by Jamie Orr on the issue of the CIA’s entitlement to invoke the public authority justification. Deborah analysed what procedural protection the Fifth Amendment requires before a citizens can be targeted and discussed the key legal limits on the scope of U.S. targeting authority identified in the memo.

Kevin posted how US drone strikes now also target citizens of US allies, as witnessed by the recent killings of two Australian citizens. More Australians made the blog, as Kevin wrote about Tony Abbott’s mistaken belief that the rule of law would be observed in Egypt’s prosecution of Peter Greste, the Australian Al-Jazeera journalist, and his colleagues.

Kevin also analysed the US self-defence argument in relation to the killing of Abu Khattallah, discussed Fatou Bensouda’s request for the UNSC to investigate the role of UN peacekeepers in covering up crimes in Darfur, and drew our attention to Charles Taylor’s detention situation in the UK, as discussed in his request to be transferred to a prison in Rwanda. Finally, he asked readers for insights on the OTP’s motivations when dropping its appeal against Katanga.

Deborah discussed potential international law obstacles against US airstrikes in Iraq, even at the request of the Iraqi government.

Lest you think this blog has become the Kevin and Deborah show, Kristen wrote about the relevance of Security Council acts for the formation of customary international law.

As always, we listed events and announcements (1, 2) and Jessica wrapped up the news. For those of you in the UK, you can see Kevin in action on Monday night during a LSE roundtable on Syria and international justice.

Have a nice weekend!

http://opiniojuris.org/2014/06/28/weekend-roundup-june-14-27-2014/
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Weekend Roundup: June 7 – 13, 2014

by An Hertogen

This week on Opinio Juris, Kevin had a chuckle at Libya’s newest excuse why it missed the deadline for filing submissions to the ICC. He also called your attention to the work of Breaking the Silence, an Israeli NGO collecting testimonials from IDF on the treatment of Palestinians in the Occupied Territories.

Deborah discussed ongoing confusion between al Qaeda and ISIS, and the wider implications of such confusion for war policy decisions.

Julian wrote about the PR battle between China and Vietnam on the South China Sea and posted a link to his and John Yoo’s Forbes piece criticizing Bond v United States as a missed opportunity. In other treaty-related news, Duncan wondered how significant a new protocol to the ILO Convention on Forced Labor would be.

Michael Ramsey wrote a guest post on the latest round over the battle between Argentina and its bondholders over the application of the FSIA, and Chris closed the week with a tribute to Andreas Lowenfeld who passed away on June 9.

Finally, Jessica listed events and announcements and wrapped up the news.

Have a nice weekend!

http://opiniojuris.org/2014/06/14/weekend-roundup-june-7-13-2014/
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Weekly News Wrap: Monday, June 9, 2014

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:

Africa

Asia

Europe

Middle East and Northern Africa

Americas

UN/Other

  • The kidnapping of 200 Nigerian girls and several recent horrific murders of women is expected to raise pressure on the world community to take concrete action to punish those responsible for sexual violence at a global summit in London this week. 
  • A UN group tasked with formulating a proposed set of sustainable development goals (SDGs) will for the first time considerzero draft of a possible text at its next meeting later this month
http://opiniojuris.org/2014/06/09/weekly-news-wrap-monday-june-9-2014/
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Weekend Roundup: May 24 – June 6, 2014

by An Hertogen

This fortnight on Opinio Juris, we discussed the US Supreme Court’s decision in Bond v United States. Peter argued how the Court ducked the question about the federal treaty power and provided a Bond cheat sheet. A guest post by Jean Galbraith focused on the notable silences in the Bond opinions, and David Golove and Marty Lederman described the outcome as stepping back from the precipice.

Kevin reminded readers about the ICRC’s free database of customary international humanitarian law and posted links to the ICRC’s President lecture to the Foreign and Commonwealth Office. He warned that a UNGA-created non-consensual hybrid tribunal on Syria could backfire against the US, and raised two problems with the polling questions of a recent study of Pakistani attitudes towards drone strikes.

Kristen updated us on the new briefs filed in the Haiti Cholera case, and on the launch of a high level sanctions review at the UN, while Chris discussed the many hurdles in the path of the Eurasian Economic Union.

As always, Jessica wrapped up the news (1, 2) and we listed events and announcements (1, 2). In other news, Kevin announced how he is joining Doughty Street Chambers as an Academic MemberJulian wished all the best to former Washington University law professor Peter Mutharika who was named Malawi’s new President; and Chris posted the search announcement for a new Executive Director at ASIL. Our New York based readers may also want to attend the Human Rights Film Festival starting next week.

Thank you to our guest contributors and have a nice weekend!

http://opiniojuris.org/2014/06/07/weekend-roundup-may-24-june-6-2014/
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Weekly News Wrap: Monday, June 2, 2014

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:

Africa

Asia

Europe

Middle East and Northern Africa

Americas

UN/Other

http://opiniojuris.org/2014/06/02/weekly-news-wrap-monday-june-2-2014/
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Weekly News Wrap: Monday, May 26, 2014

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:

Africa

Asia

Europe

Middle East and Northern Africa

Americas

UN/Other

http://opiniojuris.org/2014/05/26/weekly-news-wrap-monday-may-26-2014/
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Weekend Roundup: May 17 – 23, 2014

by An Hertogen

This week on Opinio Juris, Duncan shared his initial reactions on the DOJ charges against Chinese military officials over cyberespionage targeting US industries and Chimène Keitner examined the indictments from the perspective of foreign official immunity.

Julian looked into the aftermath of China’s decision to move an oil rig to a disputed area of the South China Sea. He argued that Taiwanese investors might be better off invoking the China-Vietnam BIT rather than the Taiwan-Vietnam Investment Promotion and Protection Agreement to claim compensation following anti-Chinese riots, and discussed what form Vietnam’s reported legal action could take.

ICC news came from Kevin and Kristen, with Kevin updating us on a constitutional amendment before the Ukrainian Parliament that would enable ratification of the Rome Statute, and posting a quote from Judge Van den Wyngaert’s dissent in Katanga in anticipation of Katanga’s sentencing. Kristen discussed the implications of Security Council veto on the referral of the situation in Syria to the ICC.

Guest posts this week touched upon a variety of topics: Christopher Gevers reported back from this week’s hearings at the South African Constitutional Court in a landmark universal jurisdiction case involving alleged crimes against humanity committed in Zimbabwe in 2007. Tyler Cullis, meanwhile, reviewed to what extent the US would be legally and politically able to ease sanctions against Iran as part of a nuclear deal. In the last guest post of the week, Gabor Rona commented on the recent Serdar Mohammed v Ministry of Defence case on detention in a non-international armed conflict.

Finally, Deborah shared her views on the Senate Foreign Relations Committee’s hearings on the AUMF, and as every week, you could also count on us to wrap up the news and list events and announcements.

Many thanks to our guest contributors and have a nice weekend!

 

http://opiniojuris.org/2014/05/24/weekend-roundup-may-17-23-2014/
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Weekly News Wrap: Monday, May 19, 2014

by Jessica Dorsey

Your weekly selection of international law and international relations headlines from around the world:

Africa

Asia

Europe

  • The defense case of Ratko Mladic, a former Bosnian Serb army general, opens at the ICTY today; Mladic is accused of orchestrating the massacre of almost 8,000 Muslim boys and men in Srebrenica.
  • Saudi Arabia is considering trade sanctions against the Netherlands because of stickers printed by far-right politician Geert Wilders which display anti-Islam slogans in the colors of the Saudi flag.
  • Russia came under heavy criticism at the WTO from several of its trading partners, who raised sharp questions over whether Moscow – one of the global trade body’s newest members – is indeed adhering to the international trade commitments that it took on less than two years ago.
  • The West should impose tougher sanctions on Russia, which is waging a “hidden war” in eastern Ukraine, Ukraine’s acting Foreign Minister Andriy Deshchytsia said in an interview.

Middle East and Northern Africa

Americas

  • China’s “provocative” actions in maritime disputes with its neighbors are straining ties with the United States, raising questions over how the world’s two biggest economies can work together, a senior U.S. official said.
  • Canada broke with the United States and did not impose sanctions on two key allies of Russian President Vladimir Putin because the pair had Canadian business interests, according to sources familiar with the matter.

UN/Other

http://opiniojuris.org/2014/05/19/weekly-news-wrap-monday-may-19-2014/
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Weekend Roundup: May 10-16, 2014

by An Hertogen

This week on Opinio Juris, the NYU Journal of International Law and Politics brought you a symposium on Professor Jedidiah J. Kroncke’s article Property Rights, Labor Rights and Democratization: Lessons From China and Experimental Authoritarians. In their comments, Cynthia Estlund looked at parallels with the US, Eva Pils pointed to a discrepancy in transnational civil society’s concern for labour and evictee rights in China, and John Ohnesorge reflected on why labor issues have not received much attention in the world of law and developmentJedidiah Kroncke’s response can be found here.

Kevin added the Security Council’s refusal to pay for any expenses related to an ICC investigation in Syria as another reason to be skeptical about the likelihood of a referral. More on Syria in a two-part guest post by Naz Modirzadeh who responded to the open letter to the UN on humanitarian access to Syria.

Deborah shared her opinion on the Al Nashiri case and the question whether an armed conflict existed. In another guest post, Ezequiel Heffes offered four arguments why international humanitarian law covers detention in non-international armed conflicts.

Finally, Duncan looked at the US job market for international law academics, and Peter wondered if an “anti-passport” could be helpful to deal with the FATCA woes of potential Americans overseas.

As every week, Jessica wrapped up the news and listed events and announcements.

Many thanks to our guest contributors and have a nice weekend!

http://opiniojuris.org/2014/05/17/weekend-roundup-may-10-16-2014/
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