Public International Law

[David Stewart is Professor from Practice; Co-Director, Global Law Scholars Program; Director, Center on Transnational Business and the Law at Georgetown Law.] As a general proposition, the law prizes clarity, precision and certainty.  Tolerance of ambiguity is not a virtue taught in most law school classrooms.  That’s one reason why beginning students of international law often find it difficult to grasp...

[Monica Hakimi is the James V. Campbell Professor of Law at Michigan Law School.] I’m extremely grateful to Opinio Juris for hosting this symposium on my recent article on customary international law (CIL). And I’m honored by the fantastic group of contributors. In the article, I aim to dismantle a common conception of CIL—an idea that shapes how many international lawyers think...

This week, we have the pleasure of hosting a robust discussion on Monica Hakimi's latest article, Making Sense of Customary International Law. Abstract: This Article addresses a longstanding puzzle about customary international law (CIL): How can it be, at once, so central to the practice of international law—routinely invoked and applied in a broad range of settings—and the source of...

[Danilo Ruggero Di Bella is a lawyer at Bottega Di Bella.] Upon overthrowing a dictatorship, the swift recovery of stolen assets hidden abroad by a dictator is a key concern for every newly established government. At times, a newly constituted government may rely on the voluntary cooperation of foreign state authorities in which stolen assets are located. In other instances, the newly established government may face difficulties...

[John B. Quigley is Emeritus Professor of Law at Moritz College of Law, The Ohio State University.] The annexation, now under consideration by Israel, of land in occupied Palestine is aimed, in part, at bringing many of Israel’s settlements into the territory of Israel. Annexation, however, may bring the unintended consequence of the loss of those very settlements. Much of the land on which the...

Along with 174 other American lawyers and legal scholars, I have signed a statement condemning the Trump administration's Executive Order permitting the US to sanction individuals involved with the ICC's investigation into the situation in Afghanistan. It's quite a list of signatories, including three former US war-crimes ambassadors and a number of former judges and prosecutors at various international criminal...

[Srinivas Burra is an Assistant Professor in the Faculty of Legal Studies at South Asian University, New Delhi; Haris Jamil is an Assistant Professor in the Faculty of Law at University of Delhi, New Delhi.] On 15 June 2020, there was a violent face-off in the Galwan valley, in the western sector of the China-India border. Soldiers from China and India scuffled at the border, which led to...

Luca Ferro is a post-doctoral researcher at the Ghent Rolin-Jaequemyns International Law Institute (GRILI). He wrote his doctoral dissertation on International ‘Intervention’ in Theory and in Practice, assessing the legality of third-State involvement in the internal and external affairs of other States. Prematurely calling time of death on ‘negative equality’? On 5 and 6 December 2019, the Journal on the Use of Force and International Law (JUFIL) and the...

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction Part I of this two-part post reviewed the M/V Wise Honest’s final voyage against the UNSC framework that prohibits such illicit trafficking by sea, followed by the rights and practice...

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction The M/V Wise Honest (IMO 8905490) was, since 17 November 2016, a North Korean owned and flagged cargo ship engaged in numerous violations of United Nations Security Council (UNSC) Resolutions,...

[Dr. Michael Kearney is a legal researcher with Al-Haq.] A March 2020 Amicus Brief submitted by Palestinian human rights organisations, including Al-Haq, to the Pre-Trial Chamber of the International Criminal Court suggested that the Court’s territorial jurisdiction extends to Palestine’s Exclusive Economic Zone. The Exclusive Economic Zone (EEZ), a jurisdictional space derived from the UN Convention on the Law of the Sea, was proclaimed by Palestine in September 2019....

I want to call readers' attention to an upcoming Opinio Juris symposium that is being organized by two fantastic young critical international law scholars, Mohsen al Attar (Warwick) and Rohini Sen (O.P. Jindal). They are looking for a few more contributions, per the Call for Papers -- really a Call for Posts -- below. Note that they would like to...