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[Jyoti Singh previously worked as a legal consultant with the Ministry of External Affairs, Government of India. She is currently a practising advocate based out of New Delhi.] India began its two-year term on 1 January 2021 as a non-permanent member of the UNSC, its eighth time in this role in the 75 years of existence of both the United Nations and Security Council. With almost the entire world in the clutch of the COVID-19 pandemic, this podium may prove to be a much-required opportunity for the country to revive...

...substantive deal, notwithstanding a new Mexican-Norwegian joint proposal. Word in the corridors point more in the direction of a fudge, whereby short-term funding proposals will be made (like the recent EU announcement or the declaration at the Commonwealth summit); long-term institutional and financing questions will remain open for further discussions. But discussions on emissions reductions or low energy intensity targets without thinking about where the money will come from suggest a strategy of putting the cart before the horse. Remember that the Montreal Protocol needed the London Amendments of 1990,...

...is ultimately a modest one – a quite traditional (at least from the US government’s long-term perspective) approach to weapons regulation. Grand treaties seem to us unlikely to be suitable to incremental technological change, particularly as they might seek to imagine a technological end-state that might come about as anticipated, but might develop in some quite unexpected way. Sweeping and categorical pronouncements can re-state fundamental principles of the laws of war, but they are unlikely to be very useful in addressing the highly specific and contingent facts of particular systems...

...Article 3 violations act in dereliction of the obligation to “ensure respect” for the Geneva Conventions. Potential for evolution It would be naïve to assume that permanent members would openly embrace these arguments. The promise that a more effective Council could reduce some of the cycles of recurring violence around the world, does not appear to lie within the short-term horizon of most of today’s decision makers. Apparently neither are advantages like slowing the need for ever increasing humanitarian assistance; reducing migratory pressures of people being forced to become refugees by...

[Adriana Rudling (@adrianarudling) is a Post-Doctoral Researcher at the Chr Michelsen Institute, Bergen Norway and a Post-Doctoral Visiting Fellow at the Instituto Pensar, Bogota, Colombia working on issues relating to the interactions between victims and transitional justice mechanisms.] The practice of transitional justice (TJ), and particularly truth commissions, emerges as “the bureaucratic response to bureaucratic murder” (p. 78). Given the perils of human rights prosecutions in the immediate aftermath of negotiated, often fragile, transitions, truth commissions were initially adopted as a second-best option to dealing with the human rights abuses...

...will signal to other global U.S. base hosts that they, too, can unilaterally abrogate and renegotiate access arrangements and use the interest of geopolitical rivals such as Russia and China for short-term economic leverage. The long-term damage to American interests worldwide would be great. Instead, U.S. officials in their last-minute discussions can offer to organize a multilateral conference for Kyrgyzdebt restructuring and forgiveness, and encourage EU member states active in the Afghanistan campaign to expand their economic engagement with the Central Asian country. They should emphasize that trans-Atlantic commitments are...

...State, that the Member States are the Masters of the Treaties and that, as a consequence thereof, the EU does not have the compétence de la compétence. Four years afterwards, the EU Court of Justice settled the dispute by confirming in unambiguous terms ‘that the European Union is, under international law, precluded by its very nature from being considered as a State’ (Opinion 2/13 of 14 December 2014, ECLI:EU:C:2014:2454). …nor Union of States It is equally obvious that the EU cannot be regarded as a union of states either. Although...

a State’s authority to enforce a regulatory regime applicable at sea.” ICRC apparently provides a fair balance between MLE measures and naval belligerency. The “motivation” requirement necessitates more clarification concerning the scope of LONW in an incident triggered by a fisheries dispute.  The use of the term “motivation” by the ICRC Commentary is not unanimously supported. For example, Heintschel von Heinegg criticised the use of this term: “the ICRC Commentary is rather cryptic” because it lacks an explanation of its legal implications. Also, a justification based on MLE does not...

deal, and Russia will become the last of the “BRICs” to join the WTO (assuming the U.S. Congress will play ball, which I assume it will since Russian imports threaten no U.S. industries, and Russia has enjoyed low tariff status in the U.S. since 1992 anyway). What is the significance of this? Short term, it is not a very big deal. Russia is not currently one of the world’s most dominant economic players, but it obviously has a very important long-term role in the world economy. And Russia is agreeing...

...breathless article (previewing the Senate hearing) about the terrorist “threat that gathers overseas,” relying in part (again) on the I’d thought debunked notion that “Al Qaeda” now enjoys a safe haven in Iraq. Articles like that one make a lot of people nervous. But they bear deeply questionable relationship to the nature of the near-term or longer term threat we actually face. What is the nature of the threat to the United States or its interests posed by terrorist groups other than AQAP? I’m not sure. I am sure that...

...have waged a war on terror by skirting the Torture Convention, upsetting constitutional checks and balances, opening loopholes in the Geneva Conventions, and creating extra-legal persons and extra-legal zones. While disregarding international obligations and norms can give you wider freedom of movement in the short run, the domestic and international backlash can narrow your options in the medium or long term. As Condoleezza Rice and the rest of the second term foreign policy team start their new jobs, I hope they remember Harold Koh’s wise counsel from the Gonzales hearings....

[Elisa Freiburg, LL.M. (LSE), is research associate for international law at the University of Potsdam and a doctoral candidate at the University of Heidelberg. Her research focuses on international human rights, development, international criminal law, and the use of force.] On April 10, 2015, Stephen W. Preston, General Counsel at the United States Department of Defense, delivered a keynote speech at the ASIL Annual Meeting. This speech addressed a vast number of US policy issues and describes the current state of the US understanding of international law on the use...