Archivo de Etiquetas: Article

The ICC Assembly of States Parties Prepares to Activate the ICC’s Jurisdiction over the Crime of Aggression: But Who Will be Covered by that Jurisdiction? The states parties to the Statute of the International Criminal Court have been meeting in New York recently to begin discussions that it is hoped …

The Jadhav Case and the Legal Effect of Non-Registration of Treaties Those following the legal tangle of the Jadhav Case closely would have noticed India’s (attempted) coup de grâce in its oral submissions regarding the bilateral Agreement on Consular Access of 21 May 2008 between India and Pakistan (“2008 Agreement”, …

Reflections on the US withdrawal from the Paris Climate Change Agreement Ending months of fevered speculation, President Donald Trump fulfilled his campaign promise and announced US withdrawal from the 2015 Paris Agreement last week. He did so because in his opinion the Paris Agreement inflicts ‘severe energy restrictions’ on the …

The Venezuela Crisis at the Organization of American States: Between Withdrawal and Suspension by Alonso Illueca [Alonso Illueca is a lawyer and adjunct Professor of law at Universidad Catolica Santa Maria La Antigua and Universidad del Istmo Panama.] On May 31, 2017, the Meeting of Consultation of Ministers of Foreign …

The Right of Self-Defence Against Imminent Armed Attack In International Law On 11 April 2017, the Australian Attorney-General, Senator the Hon. George Brandis QC, delivered a public lecture on “The Right of Self-Defence Against Imminent Armed Attack In International Law”, at the T C Beirne School of Law, University of …

Forcible Humanitarian Action in International Law There is a widespread myth amongst international lawyers. This is the apparently unshakeable proposition that forcible humanitarian action is clearly unlawful. Any changes to that proposition would be impossible, given: The preponderance of the doctrine of sovereignty over countervailing considerations, such as human rights; …

Some Thoughts on the Jadhav Case: Jurisdiction, Merits, and the Effect of a Presidential Communication On 8 May, India instituted proceedings at the International Court of Justice against Pakistan relating to the latter’s imprisonment and award of death penalty to Kulbhushan Jadhav, an Indian national. Pakistan claims it arrested Mr Jadhav on …

The US and the Paris Agreement: In or Out and at What Cost? Ever since President Donald Trump won the US elections, climate pundits have been playing the ‘will they, won’t they’ game in relation to US withdrawal from the hard-won and widely accepted 2015 Paris Agreement. The political need …

The Brexit Bill and the Law of Treaties As has been widely reported in the media (e.g. The Guardian, the BBC), the House of Lords reached two main legal conclusions in its March 2017 report on Brexit and the EU budget: Article 50 TEU allows the UK to leave the …

Ukraine v Russia (Provisional Measures): State ‘Terrorism’ and IHL   On 16 January 2017, Ukraine filed an Application against Russia before the International Court of Justice (‘ICJ’ or ‘the Court’), founding the Court’s jurisdiction (in part) on the compromissory clause (Article 24) of the Terrorism Financing Convention (‘ICSFT’). On the …

The Precedent Set by the US Reprisal Against the Use of Chemical Weapons in Syria In his recent post on the United States’ missile strike against a Syrian airbase, on 6 April 2017, Marko Milanovic focused primarily on the unlawfulness of that action (here). While I agree with that view, …