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03 Feb Rule of Law or Law of Rule: UNSC Resolution 2803 as Anathema to International Law
...obligation to respect the right to self-determination is erga omnes (para 155), meaning that all States have a legal interest in the protection of the right. Turning to the right to self-determination as it pertains to Palestinians, UN General Assembly Resolutions have consistently recognised the right of Palestinians to self-determination, have condemned Israel’s continued occupation of Arab territories, and have expressed a determination to end Israeli occupation and fulfil the vision of a two-state solution. Indeed, as recently as 17 December 2024, the UN General Assembly reaffirmed the right of...06 Feb AJIL Symposium: Comment on “The Travaux of Travaux: Is the Vienna Convention Hostile to Drafting History?”
...in the process of interpretation, and “supplementary means of interpretation” to which recourse may be had when the interpretation according to article 31 leaves the meaning of the treaty or its terms ambiguous or obscure or leads to a result which is manifestly absurd or unreasonable. (ILC 2013 Report, Chapter IV, A/68/10, p 14, Commentary on Draft Conclusion 1, para (3), footnote omitted.) This seems to lose the careful distinction in the 1969 ILC/VCLT scheme between general use of preparatory work to confirm and its conditioned use to determine meaning....18 Jun China and Japan Agree (Sort of) to Jointly Develop Disputed East China Sea
...name suggests whose hegemony you are recognizing. Correct me if I am wrong on this. Best, Ben Akira Igata Ben, I'm a Japanese undergrad student living in Tokyo, which may give you a mixed message on the reliability of this information - I am familiar with this issue, but not an expert. Having that said, here's my opinion. I think that the use of the term "East China Sea" itself does not have any special symbolic meanings. I'm familiar with the direct Japanese translation of the term "East China Sea"...
11 Jul Space Resource Discussions in the UN Committee on the Peaceful Uses of Outer Space
...a regime.” Stressing the early stage of space resource use, the US indicated that the time is right to establish a working group, “so long as we can reach consensus on a pragmatic work plan that reflects the early stage of these efforts.” Another example is Canada’s response to the Austria et al. proposal, indicating that “the scope is too ambitious for the 5-year mandate” and that “it would be more manageable to focus on achieving consensus on a set of principles within its 5-year term.” A second theme that...30 Aug Jus Cogens Norms and The Historical Accident of Influential States
...ed. Humanitarian Intervention: Moral and Philosophical Issues (Orchard Park, NY: Broadview Press, 2003). And I'm preparing myself for any future post on the moral justification of the war in Iraq based on an invocation of some such principles of humanitarian intervention. ;) Roger Alford The reason I used "non-defensive just war" instead of "humanitarian intervention" is I wanted to speak in more philosophical terms rather than legal terms. Humanitarian intervention is becoming a term of art for a particular kind of war. It is possible I suppose that some just...
25 Mar Symposium on Early Career International Law Academia: On International Legal Academia in the UK (Part I) – Securing Your First Academic Post
fellowships and similar positions that are research focussed are rarer in the UK than some other jurisdictions. They typically come in two forms in the UK: (1) fixed term roles that an individual has received funding for, such as the British Academy Postdoctoral Fellowships; or (2) fixed term roles that form part of a larger research grant held by a Principal Investigator at the institution. Laying the Groundwork During the PhD How then do you go about getting one of these roles? As if completing your PhD in 3-4 years...
19 May Evolutive Interpretation of Proportionality and Precautions to Strengthen Protections under International Humanitarian Law
[Tadesse Kebebew is a Researcher and Project Manager at the Geneva Water Hub, a Centre of Competence on Water for Peace and holds a PhD in International Law from the Geneva Graduate Institute] Introduction Water has increasingly become both a target and a weapon in armed conflicts across regions, causing severe humanitarian suffering and environmental degradation. When warring parties damage water systems or restrict access to water sources, civilians face immediate and long-term consequences. Excessive civilian harm and infrastructure damage, as witnessed in Iraq, Afghanistan, and Gaza, can weaken military...
08 Aug Emerging Voices: Reasonableness at the European Court of Human Rights
...introduce the issues raised by the use of the concept in Article 5 of the European Convention on Human Rights through a focus on the term “reasonable suspicion” in Article 5 § 1 (c) and what it reveals about the challenges in ascribing content to the term “reasonable” on the international plane. An exploration of reasonableness and the manner in which the Court operationalises the concept is crucial in determining the extent to which many other Convention rights are being protected, including: the right of access to a lawyer under...