Archivo de Etiquetas: ARTICLES

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 …

China’s ‘One Belt, One Road’ Initiative: Can A Bilaterally-Negotiated ‘Globalization 2.0’ Internalize Human Rights, Labor, and Environmental Standards? Over the weekend, while the world’s largest economy was focused on internal fallout from the presidential sacking (and subsequent threatening) of the United States’ FBI Director (and amid calls for impeachment of President …

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 …

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, …

Ukraine’s Dashed High Hopes: Predictable and Sober Decision of the ICJ on Indication of Provisional Measures in Ukraine v Russia There has been a lot of speculation on the possible outcome of Ukraine’s request for indication of provisional measures in the highly politicized case of Ukraine v Russia, in particular …

New Issue of EJIL (Vol. 28 (2017) No. 1) Published The latest issue of the European Journal of International Law (Vol. 28 (2017) No. 1) is out today. As usual, the table of contents of the new issue is available at EJIL’s own website, where readers can access those articles that are freely available without subscription. The free access article in this …

Applications for Revision of the International Court of Justice Judgments: The Curious “Case” for Revision of the Bosnian Genocide Judgment Last Thursday, the President of the International Court of Justice (ICJ) made a statement announcing that the Court was “not properly” seised of a request for revision of the Court’s …

The Origins and Fall of Treaty Supremacy and Its Significance by Thomas Lee [Thomas Lee is the Leitner Family Professor of International Law and the Director of Graduate and International Studies at Fordham Law School. This is the fifth post in our symposium this week on treaty supremacy.] Imagine Congress passes, …

Treaties in Constitutional Time by John Parry [John Parry is the Associate Dean of Faculty and Edward Brunet Professor of Law at the Lewis & Clark Law School. This is the fourth post in our symposium this week on treaty supremacy.] David Sloss’s fantastic new book restores order and sanity to …

Recueil des cours, Collected Courses, Tome 380 Table of contents The Global Horizon of Private International Law, by J. H. A. van Loon, Former Secretary General of The Hague Conference. Excerpt of table of contents: Chapter I. The development of private international law against the backdrop of the evolving nation-State …