In addition to my posts here (see below), I have several pieces over the last week discussing different aspects of the South China Sea award up at various outlets across the web universe (I know, I know, I need to stop writing about this topic, but indulge me just a little longer). To briefly recap my various takes, here is a quick...
[Dr. Frederick Cowell is a Lecturer in Law at Birkbeck College, University of London School of Law.] On the 6th of July the UK’s Iraq Enquiry report was finally published having taken almost seven years to complete. The process, chaired by a leading former British civil servant, Sir John Chilcot, aimed to look at the causes and consequences of the 2003...
[Liu Haiyang is a research fellow at the Collaborative Innovation Center of South China Sea Studies, Nanjing University, China. This post was submitted to Opinio Juris under the auspices of the Chinese Initiative on International Law, an NGO with a mandate of promoting a better understanding of international law, particularly international criminal law and justice.] The ad hoc Arbitral Tribunal established...
The much-anticipated long awaited South China Sea Arbitration award on the merits is here! It is a slam-dunk, complete, utter, massive, total legal victory for the Philippines on all counts (lots of metaphors here, none are quite sufficient). Essentially, the tribunal ruled in favor of almost all of the Philippines' claims in the arbitration. Perhaps the most headline friendly result:...
In the second installment of episode 1 in this multi-blog series on the updated Commentaries, Professor Sean Murphy responds to Jean-Marie Henckaerts first post on locating the commentaries in the international legal landscape. Sean D. Murphy, Professor of International Law at George Washington University and Member of the U.N. International Law Commission, considers the role of the ICRC commentaries as a...
[Dr. Joanna Nicholson is a Researcher at PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order at the University of Oslo.] For a crime to amount to a crime against humanity, it must be shown to have been part of a bigger picture, namely part of a widespread or systematic attack against a civilian population....
William Gibson, repurposing a Gertrude Stein quip, said about cyberspace "there's no there, there" capturing the ethos of the internet as a place beyond the physical world of borders and jurisdiction. Bitcoin melded cryptography and networked processing to attempt to make a currency that was not based in or controlled by any state. But the internet is based on servers and...
[William S. Dodge is Martin Luther King, Jr. Professor of Law at the University of California, Davis, School of Law and Co-Reporter for the Restatement (Fourth) of Foreign Relations Law: Jurisdiction. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State.] In RJR Nabisco, Inc. v. European Community,...
For the first episode in the Multi-blog series on the Updated Geneva Conventions Commentaries, the Humanitarian Law & Policy Blog has published Locating the Geneva Conventions Commentaries in the International Legal Landscape, by Jean-Marie Henckaerts. View of destruction in downtown Homs, Syria. © Jerome Sessini/Magnum Photos for ICRC Jean-Marie is the head of the unit in charge of the update of the...
[Jennifer Trahan is Associate Clinical Professor, at The Center for Global Affairs, NYU-SPS, and Chair of the American Branch of the International Law Association’s International Criminal Court Committee. The views expressed are those of the author.] A significant event happened quietly at the UN on June 27: Palestine deposited the thirtieth instrument of ratification of the International Criminal Court’s crime of...
[Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University and a permanent visiting professor at iCourts: Center of Excellence for International Courts at the University of Copenhagen.] As the world reacts to the shock of the Brexit referendum, international lawyers are turning their attention to the mechanics of Britain’s departure from the EU. Article 50 of...
As the news of the Brexit vote sinks in, commentators are considering the various longer-term effects. I want to highlight the how this may look to the EU’s neighbors to the east, especially countries such as Ukraine, Moldova, and Georgia that have recently signed Association Agreements with the EU. Ukraine and Moldova, in particular, have electorates that are divided over...
