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10 Feb ICC Jurisdiction Within & Beyond Darfur: Mapping the Limits of Resolution 1593
...territory of a Non-State Party such as Sudan. A second design feature pertains to how article 13(b) referrals refer “situations” rather than particular “matters”, “cases”, or “crimes” to the Court’s jurisdiction. The Court has generally defined a situation as a “specific set of events in respect of which credible allegations of crimes are made” (Para 25). The Statute’s travaux préparatoires confirm that while the drafters considered terms such as “matter” and “case” alongside that of “situation”, they nevertheless selected the term “situation” with a view to minimize, among other things,...
23 Feb ‘Law & Economics’ Must Better Inform Design of Business and Human Rights Regulation
[Saparya Sood is a doctoral research fellow at the Max Planck Institute for Research on Collective Goods (Bonn, Germany). She is a lawyer qualified in India and received her postgraduate degree in law and economics as a recipient of an Erasmus Mundus scholarship. Views expressed are personal.] A New Dawn in BHR Discourse Business and Human Rights (BHR) discourse has become increasingly mainstream in recent times. Pinning responsibility on businesses for human rights harms occasioned by their activities is now far from a radical line of thought (having been the...
14 Aug Reevaluating the Opening of the African Union Liaison Office (AULO) in Addis Ababa: A Worthwhile Consideration?
...the ICC regarding its engagement with African countries and to African countries regarding their domestic effort and cooperation with the ICC. AU’s View on Long-Term Prospects with the ICC and Measures for Cooperation The AU member states hold differing opinions on the long-term prospects of its relationship with the ICC. However, the AU has taken some consensus approaches to ensure constructive engagement and cooperation moving forward: Dialogue and Engagement: The AU has emphasized the importance of constructive dialogue with the ICC to address concerns and enhance cooperation. While supporting international...
01 Dec The Nexus of Nuclear Security and Pertinent Armed Conflicts: A Reflection of International Law Applicability in the Ukraine-Russia Conflict
Japanese troops, Chinese authorities blew up dams on the Yellow River in 1938. Later, similar attacks were carried out during the Korean and Vietnam wars. Over the years attacks of nuclear facilities and high risk military operations have been launched that threatened the nuclear security regime with the 7 June 1981 attack, when Israel bombed the French-made OSIRAK research reactor of 40 MW capacity located at the research Centre Tuwaitha near Baghdad.16 and first Gulf War of 1981 the United States Air Force attacked this same nuclear installation. Increased geopolitical...
12 Aug Emerging Voices: The Use of ‘Stabilization’ in the Mandates of UN Peace Operations
[Alexander Gilder is a PhD Researcher at The City Law School, City, University of London. From September he will be a Lecturer in Law at Royal Holloway, University of London.] In recent years UN peace operations have begun to explicitly seek so-called ‘stabilization’. In 2015 the Report of the High-Level Independent Panel on Peace Operations (HIPPO) suggested the Security Council give clarification to how the UN interprets ‘stabilization’. Unfortunately, no UN-wide definition of the term has been forthcoming. Nevertheless, the term has been used in the titles of four UN...
10 Oct Trump vs. International Law: Trade Unilateralism in Pursuit of What?
...is that it merely symbolizes a difference of tactics between the Trump Administration and its predecessors. The Trump team is betting that unilateral threats are the most effective tool to force our allies to stop “hedging” when it comes to confronting China and to step up to deliver more themselves in the way of reshaping trade rules. Those opposed to this tactical strategy caution that the near-term victories are shallow and not worth the long-term cost to America’s reputation or trustworthiness as an ally. Either way, the U.S. has not...27 Nov Radical Islam and the Egyptian Elections
...come December 1, when the Muslim Brotherhood will field candidates to fill 49 of 136 seats. The Bush Administration hopes that the hallmark of its second term will be the spread of democracy in the Middle East. Experts speak of “the Bush Administration’s unprecedented willingness to publicly criticize oppressive actions … by friendly governments” in the Middle East. The American-sponsored Greater Middle East Initiative is a call for the G-8 to promote democracy in the region by committing to free elections, sponsoring parliamentary exchange and training, increasing women’s participation in...
30 Nov South China Sea and the Conundrum of China’s Annual Fishing Bans
[Janhavi Pande is a Researcher at the South East Asia Research Programme, Institute of Peace & Conflict Studies, India.] INTRODUCTION In May this year, China imposed its annual three-month fishing ban in the South China Sea (SCS). The ban, introduced in 1999, extends to all coastal states whose fishermen tread China’s claimed Exclusive Economic Zone, lying above the 12 degrees North parallel. Both Vietnam and the Philippines have protested the ban with the United States also having voiced its support of the Philippines government, pointing out that the ban was...