In association with the International Commission of Jurists

Featured

29 Oct

International law is famously mushy and subject to a variety of interpretations.  But there are some issues upon which there is more consensus under international law, such as the illegality of Russia’s annexation of Crimea.  But is there any reasonable argument favoring the legality of the Catalan Parliament’s recent declaration of independence from Spain?  I don’t think so. At the outset,...

|
25 Oct

I have just posted on SSRN a draft of a (very) long article entitled "Specially-Affected States and the Formation of Custom." It represents my first real foray into both "classic" public international law and postcolonial critique. Here is the abstract: Although the US has consistently relied on the ICJ’s doctrine of specially-affected states to claim that it and other powerful states...

|
17 Oct

[Malcolm Jorgensen is a Research Fellow at the Berlin Potsdam Research Group "International Law--Rise or Decline?"] In their new book The Internationalists: How a Radical Plan to Outlaw War Remade the World, Oona Hathaway and Scott Shapiro assert that Chinese occupation of maritime features in the South China Sea is “worth little as long as the rest of the world refuses...

|
02 Oct

[Astrid Reisinger Coracini is is Lecturer at the University of Salzburg and Director of the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS). This is the second of a two-part post on the subject. The first can be found here.]  1. Does the non-application of Art. 121(5) second sentence violate the law of treaties? Article 40(4) of...

|
29 Sep

[Astrid Reisinger Coracini is is Lecturer at the University of Salzburg and Director of the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS). This is the first of a two-part post on the subject. The second can be found here.]  In December 2017, the Assembly of States Parties of the Rome Statute of the International Criminal...

|
28 Sep

[Milena Sterio is a Professor of Law and Associate Dean for Academic Enrichment at the Cleveland-Marshall College of Law.] On September 25, 2017, Kurds voted in a self-declared independence referendum organized by the Kurdistan Regional Government (KRG). , According to the referendum results, it appears that about 78 per cent of Kurds actually participated in the referendum and that nearly 93...

|
27 Sep

[Elvina Pothelet is a Visiting Researcher at the Harvard Law School and a Ph.D. candidate at the University of Geneva.] A few days ago, US Army Lieutenant Colonel Shane Reeves and Lieutenant Colonel Ward Narramore published a harsh criticism of the U.N. Commission of Inquiry (COI) on Syria for its “emphatic, and faulty, conclusion that the U.S. violated the Law of...

|
26 Sep

[Mohamed Helal is an Assistant Professor of Law at the Moritz College of Law & Affiliated Faculty, Mershon Center for International Security Studies – The Ohio State University.] Cherif Bassiouni, Distinguished Research Professor of Law Emeritus and President Emeritus of the International Human Rights Law Institute at the DePaul University College of Law, Honorary President of the Siracusa Institute (formerly known...

|
31 Aug

[Aeyal Gross is Professor of Law at the Tel-Aviv University Law School and Visiting Reader in Law at SOAS, University of London. In Fall 2017, he will be a Fernand Braudel Senior Fellow at the European University Institute. This post is the final post of the symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of...

|
31 Aug

[This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] One of the interesting observations Aeyal makes in his important new book The Writing on the Wall, is that new forms of control are radically challenging the law of occupation.   Traditionally, occupation has been understood as a...

|
30 Aug

[Eugene Kontorovich is a Professor at Northwestern University Pritzker School of Law. This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] Prof. Gross’s excellent book The Writing on the Wall: Rethinking the International Law of Occupation presents a normative synthesis of international humanitarian and international human rights...

|
30 Aug

[Diana Buttu is a lawyer and activist who is currently a law fellow at the University of Windsor Law School. This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] This June, Israel marked 50 years of military occupation of the West Bank, Jerusalem and the Gaza Strip....

|