Search: Syria Insta-Symposium

Obligations End? Prior to the U.S.’ decision to withdraw its forces from Syria, commentators, including the UN Human Rights Council’s Independent International Commission of Inquiry on the Syrian Arab Republic, had observed that under Common Article 1 of the Geneva Conventions, States had a “duty to ensure respect for IHL” by the non-State actors with whom they were collaborating. At least one commentator noted as much in the context of U.S. collaboration with Kurdish forces in the fight against ISIS specifically. As a result of this relationship, the U.S. was...

...for Palestine, whose primary object was the reconstitution of the Jewish national home in that territory. The Lausanne Treaty did not include provisions on Palestine, Syria and Mesopotamia as these articles had become moot in the interim. France had been selected as Mandatory for Syria and Lebanon, and Great Britain the Mandatory for Mesopotamia, with the Mandates coming into force in September 1923. The draft Mandate for Palestine was submitted for League of Nation’s approval in December 1920, approved in July 1922, and came into force in September 1923. The...

[Spencer Zifcak is Allan Myers Professor of Law and Director of the Institute of Legal Studies at the Australian Catholic University.] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. My article on this subject attempts to encapsulate the standing of coercive (Pillar 3) intervention within the framework of the Responsibility to Protect (‘R2P’) following the application of the doctrine in Libya and paralysis with respect to it in Syria. In 2011, the international community was confronted...

...Convention with those who did not sign it. And just when you think the argument’s over and they can’t make any more mistakes, Paul Clement offers up this: Now, the government says you can’t do that because that’s going to mess up what’s going on in Syria. With all due respect, I assume that the issue in Syria is whether or not the nation state of Syria is doing something that would violate the convention if, contrary to fact, they were a signatory to this convention.” (emphasis added) Well, as...

As regular readers may recall, I am skeptical that the use of chemical weapons, by itself, can justify the use of military force under current international law absent authorization from the U.N. Security Council. Of course, I wouldn’t oppose the use of military force by the U.S. to stop the use of chemical weapons in Syria, I just doubt its legality under international law. More importantly, so does President Obama. Although reports are out suggesting the U.S. is preparing to launch cruise missiles into Syria, President Obama also told CNN...

of the Charter system and, in particular, the right to veto of the P5 once more. Even outside the Charter rules, prohibitions under customary international law have been weakened. State practice in relation to Libya and Syria suggests that States deviate from established obligations in relation to the prohibition of the use of force, in particular in view of the delivery of arms to Libyan and Syrian rebels. The Paris terror attacks 2015 have perhaps again decisively raised the question whether the state-centred ius ad bellum is fit to deal...

Ordinarily I wouldn’t post the table of contents for a symposium in an international law review, but let me herewith make an exception: 10 Chicago Journal of International Law 1 (Summer 2009) Symposium: GREAT POWER POLITICS The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia Christopher J. Borgen 10 Chi J Intl L 1 (2009) Great Power Security Robert J. Delahunty and John Yoo 10 Chi J Intl L 35 (2009) United Nations Collective Security...

...cyberspace. LJIL is now available on Westlaw and its readership extends well beyond the borders of Europe. It is also taking the lead, with other European journals, in trying to define a coherent policy in relation to free online repositories such as SSRN. And finally, this first online symposium in collaboration with Opinio Juris marks LJIL’s discovery of the world of online blogging. Larissa’s editorial discusses the possible interaction between traditional legal scholarship and expert blogging, issues debated last year by LJIL’s other Editor-in-Chief, Jean d’Aspremont and myself (see here...

symposium as an edited book, although there will be no obligation to publish. Conversely, the organizers are happy to consider contributions to the book from scholars who are unable to attend the symposium. If you are interested in presenting a paper at the symposium or contributing to the planned book, please send a 300-500 word abstract and a short C.V. no later than 15 June 2011 to Kevin Jon Heller, c/o James Ellis (j.ellis@student.unimelb.edu.au). Doctoral students are welcome to submit abstracts. Participants will be selected by July 1 to facilitate...

...pull the state to account, and even provide policy tools to respond to the emergency.  This introduction opens the symposium on Advisory Opinion AO-32/25 on the Climate Emergency and Human Rights. It sets a program for sustained, diverse, and rigorous debate on the opinion’s implications, legal significance, and next steps. In this first phase, eight Latin American scholars examine core legal questions raised by AO-32/25. Their essays supply a baseline for further engagement and invite refinement, contestation, and alternative doctrinal or implementation proposals.  In this contribution, I provide a concise...

[201]). In his contribution to this symposium, Colonel (ret.) Randall Bagwell confirms this understanding when he states, for instance, that unit and individual self-defence are “merely national self-defense exercised by different tiers of actors”. Unresolved questions and unintended consequences Nevertheless, the notion of on-the-spot self-defence by military units does not sit well with other applicable cases. In Nicaragua, the International Court of Justice excluded “mere frontier incidents” from the definition of armed attacks (para. 195). This leaves unit-level self-defence, and by implication individual-level self-defence, in limbo. While an attack that...

...should not turn a blind eye to the all-encompassing role of classism (pp. 63-64). As Nicos Poulatzas aptly noted, the idea of class has many ‘instances’, even if the economic instance remains dominant. If law, including international law, serves a specific social function, constituting the legal subjects qua formally and abstractly equal and free agents who could execute legal transactions, a proper discussion of positionality cannot address only one aspect of this ideal-typical subject. At first blush, it might seem inapposite to argue that international law constitutes international lawyers as...