Foreign Relations Law

[Caleb H Wheeler is a lecturer in law at Middlesex University London and his first book, The Right To Be Present At Trial In International Criminal Law was published by Brill in 2018.] French filmmaker Sophie Toscan du Plantier was discovered beaten to death outside her holiday let in the village of Schull, Ireland on 23 December 1996. Suspicion soon fell on Ian Bailey, a man living nearby. Following...

[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...

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...

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...

[Benjamin K. Nussberger is the Head Coach of the Philip C Jessup International Law Moot Court Competition at the Faculty of Law, University of Oxford and a research fellow at the Institute for International Peace and Security Law in Cologne. You can find him on Twitter @bknussberger] In times of growing tension between Iran, and the US and Saudi-Arabia, it is as...

This summer we will host our fifth Emerging Voices symposium, where we invite doctoral students, early-career academics and practicing lawyers to tell Opinio Juris readers about a research project or other international law topic of interest. If you are a doctoral student or in the early stages of your career (e.g., post-docs, junior academics or early-career practitioners within the first five...

[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] In New Technologies and the Law in War and Peace we recognise the existence of a linkage between the military and consumer uses of a number of pivotal emerging technologies and consider how the...

[This post is part of our New Technologies and the Law in War and Peace Symposium.] Technology advances through synergy. Breakthroughs in one area of technology spurs developments in others. Advances in materials science led to the miniaturization of electronic components. Miniaturization led to a revolution in the architecture of computers. From ENIAC to iPhones. The computer revolution led to a revolution in, well, just about...

[Dr. Cassandra Steer is a space security and space law consultant, with 14 years academic experience in international law. This post is part of our New Technologies and the Law in War and Peace Symposium.] Whereas some readers might find Boothby’s volume “New Technologies and the Law in War and Peace” a little light on answering specific legal questions in the application of new military technologies,...

[Markus Wagner is Associate Professor of Law at the University of Wollongong. This post is part of our New Technologies and the Law in War and Peace Symposium.] The question of how law relates to technological innovation is far from new. For the most part, law has played catchup to technological developments – both in the civilian and military realm. While digital technologies are not exactly...