In association with the International Commission of Jurists

Guest Post: Law of the Sea Tribunal Adopts ‘Due Diligence’ Standard for Flag State Responsibility for IUU Fishing

04 Apr

[Craig H. Allen is the Judson Falknor Professor of Law/Professor of Marine and Environmental Affairs at the University of Washington.] The International Tribunal for the Law of the Sea (Tribunal) continued to develop the law of flag State responsibility in a 68-page advisory opinion issued on April 2, 2015 (Request for an advisory opinion submitted by the Sub-Regional Fisheries Commission (SRFC),...

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02 Apr

The op-ed, which appears in today's New York Times, argues that the ICC is the most appropriate venue for prosecuting ISIS's many international crimes. I have great respect for John, who is unique among former high-ranking US government officials in his willingness to defend the ICC, but the op-ed makes a number of arguments that deserve comment. It certainly makes more...

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02 Apr

My contribution to the symposium is now available. Here is the introduction: I want to start with a prediction, one I’ve made before and still subscribe to: the ICC will never open a formal investigation into the situation in Palestine. People of all political persuasions seem to think that the ICC is somehow eager to leap into the most politicised conflict...

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02 Apr

[Sushma Nagaraj is an Advocate practicing commercial and constitutional law before the Bombay High Court, India. She assisted Mr. Kevic Setalvad, the Senior Advocate who represented AWAS Ireland Ltd. (the Petitioner before the Honorable Delhi High Court) with legal research on aviation law and public international law.] Indian Courts have, for the most part been generous in applying International Law but recently, the...

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31 Mar

From April 17-19, the University of Southampton is scheduled to host a conference entitled "International Law and the State of Israel: Legitimacy, Responsibility and Exceptionalism." As the title indicates, the conference was always going to be controversial. (Full disclosure: I was originally scheduled to present at the conference, but pulled out a couple of weeks ago because I simply didn't...

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31 Mar

Just in time for the activation of Palestine's membership in the ICC, over the next few days Mark Kersten's blog, Justice in Conflict, will be featuring posts by all of the people who participated in last week's roundtable at the LSE -- Mark, me, Kirsten Ainley, Dov Jacobs, Chantal Meloni, Leslie Vinjamuri, and Michael Kearney. Mark's introductory post can be found here. I...

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29 Mar

Calls for Papers Opinio Juris' own Peter Spiro will be the keynote speaker at the Skilled Migration Conference on Unravelling the Talent Tale: Skilled Migration Policies between National Images, Membership Bonds and Economic Priorities on September 15, 2015 at Sheffield University School of Law. The organizers are calling for paper considering a range of questions targeting the interrelation between attracting skilled migrants and redefining community...

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26 Mar

Just Security published a post by Laurie Blank, Geoffrey Corn, and Eric Jensen yesterday criticizing two surveys that are interested in how laypeople think about IHL's principle of proportionality. Much of what the authors say is absolutely correct, particularly about the need to recognize that assessing ex post the ex ante decision-making process of military commanders is fraught with difficulty and likely...

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24 Mar

My friend Rogier Bartels published two excellent posts at Just Security over the past few days (here and here) in which he argues that it is inherently perfidious to launch an attack from a military object disguised as a civilian object. Just Security has just posted my lengthy response. Here is how I conclude the post: At the risk of sounding like an...

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22 Mar

I just learned -- much belatedly -- that Chinua Achebe, the great Nigerian novelist, died two years ago today at 82. Here is a snippet from his 2013 obituary in the New York Times: Nadine Gordimer, the South African novelist and Nobel laureate, hailed Mr. Achebe in a review in The New York Times in 1988, calling him “a novelist who...

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22 Mar

Calls for Papers The Columbia Human Rights Law Review (HRLR), in collaboration with the Columbia Law School Human Rights Institute (HRI), is publishing a symposium edition about the relationship between the U.S. ‘War on Terror’, sometimes referred to as the ‘Forever War,’ and human rights law. We invite proposals on topics of your own framing consistent with the symposium’s general purpose of advancing...

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17 Mar

[Sonya Sceats is Associate Fellow in the International Law Programme at Chatham House where she leads a project on the implications of China’s rise for the international human rights system. Follow @SonyaSceats and @CHIntLaw] China punches below its weight in the development of international law, despite its growing international power and the participation of Chinese representatives and experts in various international...

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