Archivo de Etiquetas: CONCLUSION

Security Council Resolutions as Evidence of Customary International Law In 2012 the International Law Commission began to address one of the last major uncodified areas of public international law: how norms of customary law (CIL) are to be identified.  The exercise at the ILC has not been an easy one.  …

Human Rights and the Protection of the Environment: The Advisory Opinion of the Inter-American Court of Human Rights On 7 February 2018, the Inter-American Court of Human Rights (the Court, IACtHR) issued the much awaited advisory opinion (A/O) concerning the obligations of States Parties to the American Convention on Human …

Mladic Convicted by Jens David Ohlin The ICTY Trial Chamber announced today its verdict in Prosecutor v.  Ratko Mladić and has found the defendant guilty and sentenced him to life in prison. (The judgement summary, which was read aloud in court, is available here. I don’t see a link to …

Ghana v. Côte d’Ivoire: Unilateral Oil Activities in Disputed Marine Areas by Xuechan Ma [Xuechan Ma, PhD candidate at Grotius Center for International Legal Studies of Leiden University, the Netherlands, researching on the topic of international cooperation in disputed marine areas; L.L.M. & L.L.B. at Peking University, China. Email: maxuechan …

An Appraisal of the Council of Europe’s Draft European Rules on the Conditions of Administrative Detention of Migrants In the last decade, a growing momentum has developed to end immigration detention. This momentum has two dimensions. First, that certain migrants, such as children, should never be detained as they are …

Two Visions of the UN Charter by Jens David Ohlin As I write this, the ASIL annual meeting is conducting a well-timed, previously unannounced panel discussion about the legality of the missile strikes against Assad’s airbase in Syria. In addition to Harold Koh (Yale Law School), who has argued in support …

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 …

Recognition of States in International Law: For Sale News reports indicate that former Guatemalan president Alfonso Portillo (pictured left) recently pleaded guilty in federal court in New York to accepting $2.5 million in bribes from Taiwanese officials in exchange for assurances of continued diplomatic recognition during his tenure in office …

Sense and Nonsense of Territorial Referendums in Ukraine, and Why the 16 March Referendum in Crimea Does Not Justify Crimea’s Alteration of Territorial Status under International Law Yesterday, on 15 April 2014, Ukrainian interim president Turtschinov considered to hold, simultaneously with the presidential elections, a referendum on regional competences in …

Mapping the Peace: The Request for Interpretation in the Temple of Preah Vihear Case Inna Uchkunova, New Bulgarian University (LLM), is a member of the International Moot Court Competition Association (IMCCA), Bulgaria. Oleg Temnikov is an Attorney-at-Law and Associate at the Sofia Office of Wolf Theiss law firm. There is a …

INTERNATIONAL COURT OF JUSTICE YEAR 2013 22 November  2013 General List Nos. 150 and 152 CERTAIN ACTIVITIES CARRIED OUT BY NICARAGUA IN THE BORDER AREA (COSTA RICA v. NICARAGUA) CONSTRUCTION OF A ROAD IN COSTA RICA ALONG THE SAN JUAN RIVER (NICARAGUA v. COSTA RICA) REQUEST PRESENTED BY COSTA RICA …

Can the ICC Prosecute for Use of Chemical Weapons in Syria? Recent reports regarding the possible use of chemical weapons in Syria are very disturbing indeed. If it turns out that there is concrete evidence that chemical weapons have been used, many will hope this will (finally) provoke action by the …