In association with the International Commission of Jurists

General

10 Mar

Dhruv Sharma and Utkarsh Srivastava kicked off the week with an analysis of India’s legal justification of “non-military preemptive action” for the Balakot airstrikes, which included a robust discussion on the law of self-defense. Livio Zilli, a Senior Legal Adviser and UN Representative at the International Commission of Jurists, provided a detailed analysis of the UN Human Rights Committee’s General Comment...

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03 Mar

It was a busy week on Opinio Juris. Julian Ku kicked things off with an interesting post on the legal ramifications of the status of the “Memorandum of Understanding” (MOU) between the US and China on trade matters. Scholars and students of the law of treaties and the WTO will be especially interested in Julian’s post. Alonso Gurmendi contributed a thought-provoking piece...

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26 Feb

A few hours ago, in the early hours of 26 February, news started trickling in of an Indian Air Force strike in Pakistani territory. There have been ominous rumblings of some form of retaliation for a suicide attack carried out on 14 February 2019, in which 40 Indian paramilitary soldiers were killed in Kashmir, and for which the Pakistani based terror...

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25 Feb

Marcos Zunino kicked off the week with a post on the challenges of transitional justice faced by the democratic government of Argentina with respect to the retention, removal, and vetting of judges after the collapse of the military dictatorship in 1983. In particular, Marcos analyzed the relative success of the measures taken by government in this regard in light of...

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18 Feb

Carlos Arturo Villagrán Sandoval kicked off the week with an illuminating discussion of the Comisión Internacional contra la Impunidad en Guatemalaor or CICIG affair and the consequences thereof on the new monist approach to international law in the Guatemalan domestic legal system. In response to a new report on State Responsibility for Modern Slavery at the UN, Kristen discussed the duty...

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11 Feb

I was delighted to comment on an important new report by Rosana Garciandia and Philippa Webb on State Responsibility for Modern Slavery at the UN on January 31.  Contemporary forms of slavery continue to be a major challenge in the 21st century. International law prohibits slavery, human trafficking and forced labour, and states are generally committed to eliminating these human rights abuses....

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10 Feb

Two posts this week addressed different legal aspects of the current political crisis in Venezuela. Kevin Jon Heller kicked off the week with a post on the advantages of Venezuela adopting the aggression amendments to the ICC Statute in light of the recent saber rattling by certain states to enforce, through military means if necessary, Juan Guaidó’s claim to the...

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07 Feb

[Carlos Lopez is a Senior Legal Adviser at the International Commission of Jurists] The world trade regime is in crisis. Embattled by attacks on its core elements by powerful trading and economic powers, the institutional framework of rules and mechanisms that govern most of world trade are pushed towards a reform path (some would call it “modernization”). The directions of reform...

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03 Feb

Back by popular demand, the "Weekend Roundup" will return next weekend. In the meantime, check out Part I and Part II of Nicolás Carrillo-Santarelli's excellent post on "An Analysis of the Legal Obligations of the ELN Guerrilla and Third States in the Aftermath of the Attack Against a Colombian Police Academy."...

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28 Jan

Statelessness as a phenomenon has been in the news of late – from the impact of statelessness on the Rohingya, to the potential revocation of nationality of 4 million in India’s Assam state, and the grant of citizenship to some survivors of a dramatic rescue of a Thai football team. It is estimated that there are approximately 10 million individuals...

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