In association with the International Commission of Jurists

Public International Law

22 Dec

[Sanam Amin (@cardboardsky) is a PhD student at Melbourne Law School and a member of several international feminist advocacy networks] To self-describe as an international lawyer (at a party, say) is to call up an image of a person who travels a lot doing law, someone perhaps involved in the mercantile world, a trans-nationalist. This person carries a briefcase and a small piece of...

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13 Dec

[John D. Haskell is a Senior Lecturer at the University of Manchester Law School and Junior Faculty at the Harvard Law School Institute for Global Law and Policy.] “I [find] myself in a spiral of uneasiness … [S]omething in the authors’ tone of voice, in their self-positioning [is] disturbing… I am troubled by the initial pairing of the notions of democratic...

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12 Dec

[Mikkel Jarle Christensen is professor WSR in iCourts, Faculty of Law, University of Copenhagen. Here he is principal investigator for the JustSites project (ERC-StG 802053).] International criminal justice often operates across borders, mediating different degrees of distance and proximity. Sometimes, cross-border operations are folded directly into its institutions. This is visible, for instance, when international criminal courts deal with conflicts located elsewhere...

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09 Dec

[Hazar Kaan Özkonak is currently doing his PhD at Utrecht University (Utrecht, the Netherlands). His doctoral thesis focuses on the limits on the use of unilateral sanctions pursuant to the international rule of law principles.] Introduction On September 3, Gazprom, a state-owned and state-run energy company of the Russian Federation (Russia), completely and indefinitely suspended its Nord Stream 1 gas pipeline following a discovered oil leak...

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07 Dec

[Cecilia M. Bailliet is Professor in the Department of Public & International Law, Faculty of Law, University of Oslo, Norway.] Summary In this post, the author explores how Judge Cançado Trindade presented his views of universal juridical conscience of mankind and international law for humankind in his dissenting opinions as a judge of the International Court of Justice. For the author, these concepts...

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06 Dec

[Moisés A. Montiel Mogollón is a Professor at the Faculty of Law at the Universidad Iberoamericana, Mexico City Campus and Universidad Panamericana, Guadalajara campus (Mexico).] Summary The late judge Antonio Cançado Trindade is often criticized by legal formalism on account of his interpretive elasticity when positive law failed to meet the most “elementary dictates of public conscience”. This piece -a homage from the enemy...

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06 Dec

[Daniel Ó Cluanaigh is a researcher and consultant in international human rights law, non‑profit strategy, and protection of human rights defenders.] Notwithstanding the ubiquity of criminalisation and violence against sexual and gender minorities (SGM) across the world, international human rights law has been notoriously tardy in getting to grips with it. Indeed, to this day, international human rights fora are the site of bellicose resistance to the...

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05 Dec

Judge Antônio Augusto Cançado Trindade was a towering figure of  contemporary international and public law. An internationally renowned jurist, he was judge of the Inter-American Court of Human Rights between 1995 and 2008 and its President between 1999 and 2004. In February 2009, he was elected as judge of the International Court of Justice, a position he held until his passing in May 2022. A Brazilian jurist...

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02 Dec

[Radhika Kapoor (Twitter: @Radhikaaah) is a Fellow at the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), where she researches and writes about contemporary legal issues concerning the international legal regulation of armed conflict.] [This blog post has been written in the author's personal capacity and does not reflect the views of author's institution. Any errors are...

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02 Dec

[Oscar Genaro Macias Betancourt is the Former Director of Restitutions at the Mexican Ministry of Foreign Affairs and a Specialist in International Law on Cultural Property.] 1. Introduction There is a problem with museums, the art market and international law. A chapter in the colonial history of many peoples include instances were relics filled with cultural meaning were taken by old empires as retaliation or...

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01 Dec

[Kudakwashe Mapako holds an LLB Degree in International Law (Cum Laude) from Zhejiang Gongshang University and Prospective Masters Candidate at University of Cape town specializing in international law. He is a Research Officer at African Center for Science and International Security (AFRICSIS) in the Arms Control and Nonproliferation program.] Introduction Humanity's wars have seen a slew of instances in which installations containing dangerous...

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30 Nov

[Janhavi Pande is a Researcher at the South East Asia Research Programme, Institute of Peace & Conflict Studies, India.] INTRODUCTION In May this year, China imposed its annual three-month fishing ban in the South China Sea (SCS). The ban, introduced in 1999, extends to all coastal states whose fishermen tread China’s claimed Exclusive Economic Zone, lying above the 12 degrees North parallel. Both Vietnam and the...

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