Archivo de Etiquetas: AM

President Trump Could (and Might Actually) Unilaterally Recognize Jerusalem as the Capital of Israel by Julian Ku As we all continue to digest the stunning election results from last week, I continue to focus on ways in which a President Trump could use his substantial powers over foreign affairs in …

Turkey’s Derogation from Human Rights Treaties – An Update In an earlier post of 27 July I provided a first assessment of Turkey’s declared derogation from the European Convention on Human Rights (ECHR) and an assessment what kind of measures could be expected, as derogations both from the ECHR and …

The South China Sea Arbitration is Here! And China Will Not Be Happy by Julian Ku 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, …

The Supremacy of International Law? – Part Two Editor’s Note: This is the text of the 2nd Annual British Embassy (The Hague) International Law Lecture, delivered on 23 May 2016 (part two of two). Part one is available here. The relevance, engagement and application of international law in the domestic space are addressed …

The Supremacy of International Law? – Part One Editor’s Note: This is the text of the 2nd Annual British Embassy (The Hague) International Law Lecture, delivered on 23 May 2016 (part one of two). My topic is The Supremacy of International Law? I chose the subject unwisely, seduced by the …

Democratic Statehood in International Law In the book Democratic Statehood in International Law, I develop an argument that state creation is a political process of overcoming a competing claim to territorial integrity. The emergence of a new state is not an automatic or factual occurrence upon meeting the statehood criteria. …

Does Use of Chemical Weapons Justify Intervention in Syria? Over the last few days, various media outlets have reported that the US, UK and other countries believe that the Syrian government has used chemical weapons in the Syrian conflict (see BBC report). Apparently, there is not yet conclusive evidence of this …

Versión PDF Original Application Instituting Proceedings before the International Court of Justice To the Registrar, International Court of Justice We, the undersigned, being duly authorized by the Government of the Plurinational State of Bolivia, have the honour to submit to the International Court of Justice, in accordance with Articles 36 …

The Law Applicable to Peacekeepers Deployed in Situations where there is No Armed Conflict Siobhán Wills  is Professor of Law at the University of Ulster, Northern Ireland. I have been researching the peacekeeping operation in Haiti, MINUSTAH, and in doing so coming up against a problem that I would appreciate …

What is the Meaning of “Consensus” in International Decision Making? On 28 March, the negotiators at the Final UN Diplomatic Conference on the Arms Trade Treaty failed to adopt the Arms Trade Treaty (see BBC report here) by consensus.  A few days later the Arms Trade Treaty was adopted by the …

Catalonian Independence and the European Union This post is part of an editorial that appears in the issue of EJIL (Vol. 23/4) that is published today ‘Vive le Québec libre!’ Who can forget de Gaulle’s mischievous and irresponsible speech in July 1967 during his visit to that hapless province, a catchphrase which has …

Self Determination and the Syrian Conflict – Recognition of Syrian Opposition as Sole Legitimate Representative of the Syrian People: What Does this Mean and What Implications Does it Have? Last week, the United Kingdom recognised the umbrella Syrian opposition organization, National Coalition for Syrian Revolutionary and Opposition Forces (NCS) as …