Archivo de Etiquetas: Application

Are Extraterritorial Armed Conflicts with Non-State Groups International or Non-International? From time to time we have had discussions on this blog about the classification of extraterritorial or transnational conflicts between States and non-State groups. In other words, when States use force abroad against non-State groups, does this lead to an armed conflict …

The Bin Laden Killing: Clarifying the Normative Framework(s) Governing the ‘War on Terror’? Alon Margalit is Research Associate, Hotung Programme for Law, Human Rights and Peace Building in the Middle East, School of Oriental and African Studies (SOAS), University of London. The author wishes to thank the editors of EJIL:Talk! for …

Gallant on Legality and the Rome Statute To my shame, I’ve only just noticed that Ken Gallant in his excellent book The Principle of Legality in International and Comparative Criminal Law (Cambridge: Cambridge University Press, 2009) – recently reviewed in the JICJ here – addresses the difficult problem of applying …

Palestine’s Application for UN Membership The official application submitted by Palestine for UN membership is now available here, UN Doc. S/2011/592 (h/t Diane Marie Amann). It is of interest not the least because it has been carefully drafted and with the benefit of substantial legal advice. Note, first, how Mahmoud Abbas …

Palestine’s Rocky Path to the United NationsEurope Needs to Step in Where the United States Has Failed September 19, 2011 Robert Blecher Summary: With his credibility on the line, Mahmoud Abbas has no choice but go through with an ill-conceived plan to petition the UN for Palestinian statehood. The United States …

How to Qualify the Armed Conflict in Libya?A colleague and I are currently working on an article on the qualification or classification of armed conflicts in modern IHL. The ongoing developments in Libya bring out a specific difficulty in the process of qualification which we see as problems of state …

Al-Skeini and Al-Jedda in StrasbourgI’ve posted on SSRN an article which will be published in the EJIL next year on Al-Skeini and Al-Jedda before the European Court of Human Rights. The pre-print draft will be available on SSRN until the article comes out in the Journal. The abstract is below, …

Can Libya Sue the UK on Recognition of the National Transitional Council?Earlier this week, the UK Foreign Secretary, William Hague announced that the UK now recognises the Libyan National Transitional Council (the rebels fighting Colonel Gaddafi’s forces) as the sole governmental authority in Libya. This was an implementation of the decision …

Recent Developments with Regard to ICJ Provisional MeasuresOn Monday of this week, the International Court of Justice indicated provisional measures in the case between Cambodia and Thailand regarding the Temple of Preah Vihear. The case was filed earlier this year after confrontations between the armed forces of both States in the …

18 JUILLET 2011 ORDONNANCE DEMANDE EN INTERPRÉTATION DE L’ARRÊT DU 15 JUIN 1962 EN L’AFFAIRE DU TEMPLE DE PRÉAH VIHÉAR (CAMBODGE c. THAÏLANDE) (CAMBODGE c. THAÏLANDE) DEMANDE EN INDICATION DE MESURES CONSERVATOIRES REQUEST FOR INTERPRETATION OF THE JUDGMENT OF 15 JUNE 1962 IN THE CASE CONCERNING THE TEMPLE OFPREAH VIHEAR …

The Newly Independent State of South Sudan – Should We Rethink the Right to Secession? It would be remiss of us not to note the birth of South Sudan as the world’s newest State. South Sudan gained independence from the Republic of Sudan last Saturday (9 July) and was admitted to the …

Waiting for Godot: An Analysis of the ICJ Kosovo Advisory OpinionDov Jacobs and Yannick Radi are both postdoctoral researchers at the Amsterdam Center of International Law, University of AmsterdamNearly two years after the United Nations General Assembly (UNGA) submitted a request to the International Court of Justice (ICJ) in relation …