Search: {search_term_string}
20 Aug States of Justice Symposium: International Justice as Political Strategy
...Ba’s arguments from a South African perspective is illuminating because he has developed a theoretical framework for making sense of the apparently contradictory tendencies in the way the country has engaged the ICC. South Africa is one of the brief case studies discussed in chapter 7 as one of the states that has initiated proceedings to withdraw from the Rome Statute. Ba describes South Africa’s decision as ‘the only outlier’ among cases and explains the decision in terms of the country’s role as a regional leader that wants to protect...
19 Nov The Identification of the EU as a New Kind of International Organisation
...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...06 Nov Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1)
...off period’—and the first effective withdrawal in the ICC’s 15-year history—was an event of some significance; more so perhaps than those covered in its press releases on or around the same date. The observers expected an official acknowledgement from the Court that the Article 127(1) term had ended. The Court could have also taken the opportunity to provide clarity on the status of the situation to the public and, above all, to the withdrawing State whose representatives (like some Bijumbura residents), yearned for a sense of closure and had already...
17 Nov “Friendly Fire: On!” – Some Thoughts on the Jersey Incident
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...
30 Mar COVID-19 Symposium: The COVID-19 Pandemic and the Limits of International Environmental Law
...originated in a live animal market in Wuhan were confirmed, it would be a painful demonstration of the failure of existing legal regimes to protect the wildlife. The possibility that the pangolin might have been an intermediary host turns the spotlight on the challenges facing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). While the Convention transferred all eight pangolin species to its Appendix I, prohibiting their international commercial trade, in 2016, pangolins remained nevertheless the world’s most trafficked mammal (Wildlife Justice Commission). 2....08 Nov ICJ Campaign Over: New Zealand, Morocco, and Mexico Win
The General Assembly and Security Council has selected five members for the next ICJ term. One of members, Thomas Buergenthal of the United States, is a returning judge. The rest, however, are all newbies. As I discussed before, some countries not effectively guaranteed a seat by the Security Council have launched semi-aggressive efforts to get their members on the Court. In that race among smaller countries, New Zealand, Morocco, and Mexico appears to have won. An excerpt from the official press release follows: THE HAGUE, 8 November 2005. Yesterday, the...