In association with the International Commission of Jurists

General

05 Aug

[Dr. Tamar Megiddo is a Research Fellow at the TraffLab Research Project at Tel Aviv University Faculty of Law.] To suggest in 2019 that international law scholarship remains statist may immediately lift some eyebrows. Although international law scholarship had traditionally embraced a state-centric approach, many have assumed that the field has long left statism behind. In my article Methodological Individualism, forthcoming in the Harvard International Law Journal, I...

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05 Aug

Our Fifth Annual Emerging Voices Symposium starts later today. It features contributions from doctoral students and early-career academics or practitioners writing about a research project or other international law topic of interest. The Symposium will feature several posts per week and will run for the next few weeks. We hope you’ll join the conversation! ...

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31 Jul

Reema Omer is a Legal Adviser for the International Commission of Jurists (ICJ). Last week, the International Court of Justice (ICJ-CIJ) delivered its much-awaited judgment in the Kulbhushan Jadhav case. As expected in a case with India and Pakistan as the contesting parties, nationalist sentiment, – as opposed to a dispassionate assessment of the verdict – motivated much of the reaction...

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30 Jul

Rocío Quintero M. is a Legal Adviser with the Latin American Programme of the International Commission of Jurists After more than six years of negotiations, the Colombian government and the Revolutionary Armed Forces of Colombia—People's Army (FARC-EP from its acronym in Spanish) reached a peace agreement in November 2016.  Unlike other previous peace negotiations in Colombia, victims’ rights were a major focus of the negotiations. In...

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25 Jul

[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...

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25 Jul

[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...

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24 Jul

[Alonso Illueca is a lawyer and adjunct Professor of International Law at Universidad del Istmo] On July 12, 2019, Panama announced its decision to withdraw its flag from any vessel violating “sanctions and international legislation”. This decision resulted in the removal of 59 ships (mostly tankers) from Panama’s shipping fleet due to their link with the Islamic Republic of Iran (“Iran”)...

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23 Jul

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...

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22 Jul

[Lena Riemer just finished a year as a Fox International Fellowship at Yale University and is currently a PhD Candidate at the Free University of Berlin writing on the prohibition of collective expulsion in public international law.] In June 2019, US President Donald Trump announced  a migration agreement with Mexico which reportedly provides for “a regional approach to burden-sharing in relation to the...

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22 Jul

Ernesto J. Sanchez is an attorney in Miami, Florida who concentrates his practice on appellate and international dispute resolution matters. He is also the author of The Foreign Sovereign Immunities Act Deskbook, published by the American Bar Association. As tensions between Iran and the United States continue, Opinio Juris readers will most likely consult the numerous superb legal commentaries on whether the United...

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17 Jul

The Kulbhushan Jadhav case – between India and Pakistan at the International Court of Justice – will be decided today. India initiated proceedings  before the ICJ on May 8, 2017 relating to the arrest, detention and sentencing to death of Jadhav.  While the facts are disputed, here are the basics: Pakistan alleges that Jadhav is a serving Indian naval officer, who at...

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16 Jul

Solomon T. Ebobrah is a Legal Adviser with the International Commission of Jurists Decades after the end of colonialism in Africa, judiciaries in African States are confronted with the challenge of determining the extent to which the post-colonial state in Africa can legitimately interfere in the private lives of people as expressed in their preferred sexuality with another consenting adult behind closed doors. Judiciaries in...

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