[Gideon Boas is an Associate Professor in the Monash Law School and a former Senior Legal Officer at the ICTY.] This article deals carefully with the Lubanga proceedings before the ICC, and in particular the difficulty caused by the Prosecution collecting information through the extensive use of confidentiality agreements under Article 54(3)(e) of the Rome Statute. One of the great difficulties...
[Christian De Vos is a PhD researcher at the Grotius Centre for International Legal Studies. The author may be contacted at c.m.devos [at] cdh.leidenuniv.nl] Having recently embarked on a multi-year project that seeks to interrogate the possibilities for ‘local ownership’ in the context of the International Criminal Court (ICC), my article approaches the concept through the lens of locally-based informants and so-called...
That's the question asked by my friends at Wronging Rights, in response to a recent article in Time: TIME claims to have obtained an internal ICC memo showing that the Court is "compiling evidence of possible recent war crimes in southern Sudan, allegedly directed by Sudanese Defense Minister Abdelrahim Mohamed Hussein." Apparently, in addition to the Prosecutor's request...
Not exactly, especially since the "blockade", is based on Argentina's claim to sovereignty over the Falkland Islands. Still, depending on where the vessels were "boarded", (e.g. in the alleged EEZ?), there might be some problem here. In any event, something like economic harassment seems to be going on. Argentine patrol vessels have boarded 12 Spanish boats, operating under fishing licences issued...
News of the U.S. Postal Service’s struggles has been circulating for months, if not years. Today, the news is of distribution center closings, layoffs, and the end of next-day mail. The end of Saturday delivery may not be far behind. Obviously, a large part of the story is increased competition from independent parcel carriers – UPS, FedEx,...
These are not the best of days for Greece, and even relatively small matters, like their ongoing dispute with Macedonia over the name "Macedonia" is going against them. Greece was wrong to block Macedonia's bid to join Nato in 2008 because of a row over its name, the International Court of Justice has ruled. It said Athens should have abided by a...
Following up on Dan Bodansky's excellent post, and our interesting discussion here on MEAs, I wanted to point readers to this useful report from Durban by Reason's science correspondent Ronald Bailey. Bailey has a very useful breakdown on why China's supposed shift on its views on a new climate change treaty is really meaningless. Here is his summary of China's...
Another year, another climate COP. This year's conference of the parties (COP) is in Durban, South Africa. The South Africans have provided a wonderful venue and the meeting has proceeded thus far with few of the histrionics of Copenhagen and Cancun. But a certain weariness has crept into the proceedings, as massive numbers of people gather year after year, with...
Professor Telesetsky, in her generous comments on my article in volume 12(1) of the Melbourne Journal of International Law, raises two pertinent questions. First, why has there been a profusion of cooperative efforts across treaty bodies and second, what are the linkages that are most effective in compelling compliance with treaty regimes? In relation to the first question, Professor Telesetsky disagrees...
[Anastasia Telesetsky is an Associate Professor of Law at the University of Idaho] Professor Karen Scott’s recent publication on international environmental governance in the Melbourne Journal of International Law is a must-read piece for those concerned about international environmental law (‘IEL’) being fragmented and fractured across issues, institutions and implementation. In her article, Karen argues convincingly that the current disparate state...
[Karen N Scott is a Senior Lecturer at the University of Canterbury, New Zealand] The ‘fragmentation’ of international law is used as a term of description and — more commonly — as a lament. It emphasises the isolation and disconnect between regimes and institutions and is peculiarly apt as a description of international environmental law; a complex regulatory field comprising multiple regimes and...
The Melbourne Journal of International Law is delighted to be continuing our partnership with Opinio Juris. This week will feature three articles from issue 12(1) of the Journal. The full issue is available for download here. On Monday, our discussion kicks off with Karen Scott's article 'International Environmental Governance: Managing Fragmentation through Institutional Connection'. Scott examines how multilateral environmental agreements have sought to...
