Weekend Roundup: February 4-10, 2019

Two posts this week addressed different legal aspects of the current political crisis in Venezuela. Kevin Jon Heller kicked off the week with a post on the advantages of Venezuela adopting the aggression amendments to the ICC Statute in light of the recent saber rattling by certain states to enforce, through military means if necessary, Juan Guaidó’s claim to the presidency of the state. Ralph Janik later highlighted the problematic distinction between political and legal recognition of governments and heads of governments in the context of the varying degrees of “recognition” of Guaidó’s claim by the EU and its member states.

Fernanda Nicola addressed the structural problems of the EU that have contributed to the current economic, political, and social problems throughout the continent, and proposed a creative solution inspired by the Treaty on the Democratization of the Economic and Social Government of the European Union and the European Green New Deal. Carlos Lopez continued on the theme of reforming structural deficiencies in international institutions by discussing the world trade regime crisis, with a particular focus on the WTO dispute settlement system and the competing interests vis-à-vis its effective operation.

Kevin once again jumped into the fray regarding the legality of the operation to kill Osama bin Laden by responding to a recent post by Lawfire’s Charlie Dunlap and by explaining how the execution of no-quarter orders and the killing of persons hors de combat by wounds constitute war crimes.

Bashar Malkawi then analyzed in depth China’s use of state-owned enterprises in international investment activities and the political and security ramifications resulting therefrom vis-à-vis foreign direct investment recipient states.

Priya Pillai wrapped up the week by noting the continued but disparate use of amnesties as a tool to resolve conflicts in the Central African Republic, Guatemala, and Venezuela, despite rules of international law to the contrary. Priya emphasized, however, that not all amnesties are created equal, in that their use is heavily influenced by different histories and different means.

Many thanks to our guest contributors and have a great weekend!