Right now, the Ebola virus is spreading across the Africa, and the ability of the most affected states – Sierra Leone, Liberia, and Guinea – to stop and contain the virus is very much in doubt. Although only a few cases have been reported in the United States and Europe, it is clear that it will be impossible to completely...
This fortnight on Opinio Juris, Jens discussed how to get Quirin right when Quirin was wrong. Kevin asked for sources backing the US position on self-defence against non-state actors, while Kristen gave an overview of the legal issues up for debate at the General Assembly this fall. Julian expressed doubts about the strength of Greece's legal arguments for the return of the Elgin Marbles. We...
Amal Alamuddin-Clooney, Kevin's Doughty Street Chambers colleague, made news this week by visiting Greece as part of a legal team working for the return of the Elgin Marbles to Greece from Britain. This is not ordinarily global tabloid fodder, but Alamuddin-Clooney's recent marriage means she will draw media attention wherever she goes. I don't doubt her legal credentials (as well as that of her...
For those interested in the 6th committee program at the General Assembly currently underway, the schedule is available here. Interesting topics are being discussed, including the Rule of Law, International Terrorism, Universal Jurisdiction, finalizing a draft UNCITRAL treaty on transparency in treaty based Investor-State disputes, and an update on the Responsibility of International Organizations. The ILC's report will be...
Your weekly selection of international law and international relations headlines from around the world: Africa Two people were killed in fighting in the capital of Central African Republic and six peacekeepers from Burundi and Cameroon were wounded in an ambush, a spokeswoman for the United Nations mission in the country said on Saturday. Middle East and Northern Africa Kurdish defenders held off Islamic State...
On Monday, the defense in the Al Bahlul case filed their reply brief. The case is important because it squarely presents the issue that was left hanging after Hamdan, i.e. whether the military commissions have jurisdiction to try inchoate conspiracy. It also raises the far deeper question of whether the jurisdiction of the military commissions is limited to offenses against...
Your weekly selection of international law and international relations headlines from around the world: Africa The NYTimes carried an opinion piece on the Kenyatta case. Middle East and Northern Africa Israel's PM Netanyahu has called US criticism of the approval of new settlements in East Jerusalem "un-American". Israel will summon Sweden's Ambassador over the announcement that the new Swedish government will recognize the State of...
This week on Opinio Juris, the debate on the AUMF continued with Kevin pointing out the lack of evidence on Khorasan's existence and the denuding of the concept of self-defence, and Jens discussing how ground troops will be necessary in the battle of ISIS, which requires a better legal foundation for the operation than the AUMF. On a comparative and lighter note,...
[Alvin Y.H. Cheung is a Visiting Scholar at the US-Asia Law Institute at NYU School of Law.] After two years of increasingly acrimonious debate over Hong Kong’s electoral reforms for 2017, the city’s pro-democracy movement has finally attracted global concern. A consistent theme of international responses has been that Hong Kong’s democratisation should occur in accordance with the Basic Law, the...
The Al Nashiri case before the Guantanamo military commission is currently stuck in a quagmire over the bombing of the oil tanker MV Limburg on Oct. 6, 2002, which Al Nashiri is alleged to be complicit in. Before trial, the defendant, Al Nashiri, moved to dismiss the charges related to the MV Limburg (which is just one of many charges in...
In the latest round in the never-ending battle between Argentina and its holdout bondholders, a U.S. court has found Argentina to be in "contempt" for trying to circumvent that US court's orders. Argentina has been outraged by such an order, arguing that a state cannot be held in "contempt" because it is an affront to its sovereign dignity (with Argentina's...
John Stewart’s Sept. 29 clip “Cameron - What are you Doing?” is a must see on comparative constitutional law. Stewart contrasts the fulsome and spirited debate in the UK on whether to authorize airstrikes against ISIL, with the absence of congressional action in the US. Well worth watching. And quite funny. Here is the show. ...
