Archivo de Etiquetas: Article

The Honduran Crisis and the Turn to Constitutional Legitimism, Part II: The Pitfalls of Constitutional Legitimism In my previous post on this topic, I argued that the international reaction to the Honduran coup potentially augurs a shift in foundational norms governing the relationship between international and domestic legal authority.  I …

The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework Who is the current President of Honduras?  Far from the stuff of quiz shows, this question bears on the very foundations of international law.  The international reaction to …

The Taliban’s New “Code of Conduct”, Compliance with the Laws of War and POW status After an absence of a couple of weeks and a summer silence on this blog, we are back.  I’ve got a bit of catching up to do. I want to spend the next couple of …

The ICJ and Evolutionary Treaty Interpretation On Monday, the ICJ delivered its judgment in the Costa Rica v. Nicaragua case, concerning navigational and related rights on the river San Juan (Registry summary; judgment). The case itself is not terribly important in the grand scheme of things, but upon reading the …

Is Sudanese President Bashir Immune from Arrest? In a post last week, I mentioned a forthcoming article of mine dealing with Bashir’s Immunity. That article titled “The Legal Nature of Security Council Referrals to the ICC and its Impact on Al’Bashir’s Immunities” has now been published in the latest issue of the …

No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary Professor Yuval Shany is the Hersch Lauterpacht Chair in Public International Law, Faculty of Law, Hebrew University of Jerusalem. His latest EJIL article, summarised in this post, is available here. His publications include The Competing …

New Issue of the European Journal of International Law out: Further Discussion of Articles to follow here on this blog! The latest issue of the European Journal of International Law has recently been published. This is Volume 20, No. 1. In his editorial, Professor Joseph Weiler (Editor in Chief) reflects …

Arctic ownership and the US approach to the law of the sea Could the question of “Arctic ownership” push the US to sign the United Nations Law of the Sea Convention? As we have reported earlier, and as frequently reported in the media (see e.g. this latest article at tampabay.com), …

The Tricky Question of State Succession to International Responsibility Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state …

One step forward, two steps backward: The ICJ interprets Mexico’s Request for Interpretation of Avena and other Mexican Nationals On 19 January 2009, the International Court of Justice formally declined to interpret its judgment in the Case of Avena and Certain Other Mexican Nationals (Avena), which dealt, as did its …

The maritime border dispute between Slovenia and Croatia Tensions have been unfortunately  increasing again in last days between Slovenia and Croatia. Below you can find an excerpt from The Conundrum of the Piran Bay, co-authored by Matej Avbelj and myself, which it is once again extremely actual. Let us hope somebody learns …

The Israeli Supreme Court denies the occupied Palestinian population the right to leave their country In another worrying judgment generated by the Israeli HCJ, the Court upholds that the occupying power can restrict the basic human right to leave one’s country and the freedom of movement (Article 12 of the …