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16 Nov Weekly News Wrap: Monday, November 16, 2015
Your weekly selection of international law and international relations headlines from around the world: Africa Judges at the International Criminal Court on Friday granted early release to convicted war criminal Germain Katanga, making the Congolese warlord, sentenced to 12 years in prison in 2014, the first ICC convict to be freed. The Congo Basin in Africa, the world’s second-largest tropical forest, is facing a growing threat of deforestation carried out to clear the way for palm oil plantations. At least 22 people were killed in a string of raids on...16 Nov John Bellinger Responds to My Post
...link to my remarks at Fletcher and the rather vicious string it produced. Just a couple of comments for you to consider: 1. I appreciate your acknowledgment of strong US support for the various international criminal tribunals over the last four years, although it is unfortunate that your remaining comments may lead readers to ignore the substance of my remarks. 2. Regarding the purpose of the unsigning, you are actually wrong about this. In 2002, when the President decided, upon the recommendation of the Department of Defense, that the Administration...21 Dec LJIL Symposium: Response to Samantha Besson
[Cedric Ryngaert is an Associate Professor at KU Leuven and the University of Utrecht] Samantha Besson has provided a fine normative account of the extraterritorial application of the ECHR. At the same time, she believes that this account may well offer a rationalization of the string of controversial ECtHR decisions in this matter. Besson’s argument may or may not have explanatory power as regards the ECtHR case-law, but what is sure is that the Court will be happy to hear that, as far as extraterritoriality is concerned, it can at...02 Dec Still More End Game
and often the applicable legal standards, vary) is over depends enormously on in what legal context the question is asked. 3. Speaking of how one determines when conflict is at an end, there is also the question of who makes that determination. Over the past 200+ years, the Supreme Court has had to determine when hostilities were over for purposes of determining the applicability of federal statutes of limitations, criminal jurisdiction and sentencing, tort and fraud liability, authorizations for various government activities, and yes, even the applicability of what we...
17 Jan Symposium: Should a State’s Own Citizens Become Protected Persons During an Internationalized Conflict? Criticism Couched in Shameless Self-Promotion
[Tamás Hoffmann is a Senior Research Fellow in the Department for the Study of Domestic Implementation of International and European Law at the Hungarian Academy of Sciences.] Kubo’s new monograph on internationalized armed conflicts is a truly remarkable book. It attempts to give a comprehensive yet concise analysis of the nagging legal issues inevitably arising during such conflicts when the line between international and non-international armed conflicts is often blurred beyond the recognition at this vanishing point of the law of war. This treatise is indeed a must for every...
26 Aug Is the Principio de Legalidad a Malleable Commodity for FDIs in Mexico? A TWAIL Critique
...Hernandez mentioned the RE was a direct violation of vulnerable groups’ human rights. The liberalisation of the MES occurred, according to a research done by Fundar , under a weaker fiscal regime of the contracts ‘than the one that applied to PEMEX until then and, above all, it remains to be defined in each contracting process and not by law.’ While under this neoliberal legality, the Executive Power had discretionary powers to determine the amounts to be paid by PPs. In addition, lax transparency and a weak accountability legal framework...20 Mar Kosovo Independence is a “Defeat for International Law”
Or so says Professor (and sometime-guest blogger) Eugene Kontorovich in a recent op-ed. As a result, NATO and America have become parties to the carve-up a sovereign state that they subdued by force. To say that this goes against the core principles of the U.N. Charter is an understatement. For international law, the entire process is a string of humiliations. The Security Council comes out looking like a joke; the right of self-determination looks like it depends on the product of a group’s ruthlessness and proximity to Europe; peacekeepers are...