In association with the International Commission of Jurists

Public International Law

12 Aug

[Brenda K. Kombo is a Postdoctoral Fellow at the Free State Centre for Human Rights at the University of the Free State.] It is ironic that the agreement establishing the African Continental Free Trade Area (AfCFTA) came into force less than a week after United Kingdom Prime Minister Theresa May announced her resignation; the same day United States (US) President Donald Trump threatened Mexico with tariffs; and as the US-China trade war...

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12 Aug

[Alexander Gilder is a PhD Researcher at The City Law School, City, University of London. From September he will be a Lecturer in Law at Royal Holloway, University of London.] In recent years UN peace operations have begun to explicitly seek so-called ‘stabilization’. In 2015 the Report of the High-Level Independent Panel on Peace Operations (HIPPO) suggested the Security Council give clarification to how the UN interprets ‘stabilization’....

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09 Aug

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the second part of a two-part post.] Recognition of Palestine’s Statehood Since 1988, 138 states (72 per cent of UN members) have recognised a Palestinian state in the territories occupied by Israel on 4 June 1967. The...

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09 Aug

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the first part of a two-part post.]  The post in Opinio Juris submitted by Steven Kay QC and Joshua Kern of 9 Bedford Row based on their Article 15 Communication to the Prosecutor...

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08 Aug

[Michele Tedeschini is a PhD candidate at the SOAS School of Law and a legal researcher at the Global Legal Action Network (GLAN).] The symposium on emerging voices provides a suitable occasion for a moment of disciplinary introspection. Introspection or self-reflection, to use a synonym dear to critical international legal scholars (CILS) – the newstream that became mainstream, a disciplinary rebellion which turned dissent into majoritarian...

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08 Aug

[Sabina Garahan is a doctoral candidate at the Human Rights Centre at the University of Essex.] The law is replete with references to reasonableness. Although the concept is a familiar one, however, its significance in the field of pre-trial detention is yet to be understood. My doctoral project seeks to address this gap by analysing the theory and use of the reasonableness concept at the pre-trial stage by domestic...

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07 Aug

[Tasnim Motala is a fellow at Howard University School of Law, where she supervises the Civil & Human Rights Clinic.] The ICC, which left the United States reeling at the possibility of an investigation into abuses in Afghanistan, might have yet another avenue to hold the United States accountable for human rights abuses, but this time closer to home—on the US- Mexico border. Last year, the...

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06 Aug

[Caleb H Wheeler is a lecturer in law at Middlesex University London and his first book, The Right To Be Present At Trial In International Criminal Law was published by Brill in 2018.] French filmmaker Sophie Toscan du Plantier was discovered beaten to death outside her holiday let in the village of Schull, Ireland on 23 December 1996. Suspicion soon fell on Ian Bailey, a man living nearby. Following...

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06 Aug

[Lorenzo Gasbarri is a Research Fellow in Public International Law at Bocconi University and Junior Editor of the Oxford Database on the Law of International Organizations.] One of the complex legal issues arising from the Al-Bashir case concerns the international relevance of the conduct of a member state in the context of its international organization: how to qualify the conduct of an ICC...

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05 Aug

[Carola Lingaas is an Associate Professor of Law at VID Specialized University in Oslo (Norway). She earned her PhD in November 2017 from the University of Oslo with a thesis on ‘The Concept of Race in International Criminal Law’, which is under contract for publication by Routledge.] Introduction In November 2018, the Extraordinary Chambers of the Courts in Cambodia (ECCC) rendered its judgment in the case 002/02 against the former senior...

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05 Aug

[Dr. Tamar Megiddo is a Research Fellow at the TraffLab Research Project at Tel Aviv University Faculty of Law.] To suggest in 2019 that international law scholarship remains statist may immediately lift some eyebrows. Although international law scholarship had traditionally embraced a state-centric approach, many have assumed that the field has long left statism behind. In my article Methodological Individualism, forthcoming in the Harvard International Law Journal, I...

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25 Jul

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is part two of a two-part post. Part I can be found here.]   On the Question of Remedies Arguably, it is here that the case assumed critical importance not just for jurisprudence of international law as such but also for the parties...

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