Archivo de Etiquetas: customary international law

Leticia & Pancho: The alleged historic precedents for unwilling or unable in Latin America, explored Alonso Gurmendi Alonso Gurmendi is currently Professor of International Law at Universidad del Pacífico Law School, in Lima, Peru. Ever since its very first articulations, the “unwilling or unable test” has relied heavily in the …

Beyond “Good Neighborliness” in the ICJ 1 October 2018 Judgment in Bolivia v. Chile: Do Human Rights and Sustainable Development Obligate Creating Negotiated Access for Landlocked Bolivia to the Pacific Ocean? On 1 October 2018, the International Court of Justice issued its Judgment on the Merits in Obligation to Negotiate Access …

A new twist in the South China Sea Arbitration: The Chinese Society of International Law’s Critical Study On Monday 14 May 2018 the Chinese Journal of International Law, an Oxford University Press journal, published an extraordinary 500 page “Critical Study” of the Awards on jurisdiction and the merits in the …

The Missing Link in Migration Governance: An Advisory Opinion by the International Court of Justice Even though the International Court of Justice (ICJ) has jurisdiction to resolve disputes on the interpretation and application of the 1951 Refugee Convention (Art. 38) and the 1967 Protocol (Art. IV), it has so far …

70 Years of the International Law Commission: Drawing a Balance for the Future by Christiane Ahlborn and Bart Smit Duijzentkunst [Christiane Ahlborn and Bart Smit Duijzentkunst are Associate Legal Officers at the Codification Division of the United Nations Office of Legal Affairs in New York. This post, and its sister post …

Identification of customary international law The report containing government comments on the identification of customary international law has been issued (A/CN.4/716). [via International Law Commission]

The Customary International Law of Jurisdiction in the Restatement (Fourth) of Foreign Relations Law by William S. Dodge [William S. Dodge is Martin Luther King, Jr. Professor of Law at the UC Davis School of Law. He currently serves as a co-reporter for the Restatement (Fourth) of Foreign Relations Law.] …

Did the Trump Administration’s Jerusalem Declaration Violate International Law? by David Hughes [David Hughes is a Grotius Research Scholar at the University of Michigan, Law School and a PhD Candidate at Osgoode Hall Law School in Toronto.] On 6 December, President Trump signed a Proclamation recognizing Jerusalem as Israel’s capital …

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.  …

Why the New Weapons Amendments (Should) Apply to Non-States Parties by Kevin Jon Heller Although aggression received most of the attention at the Assembly of States Parties (ASP) last month, the ASP also adopted a series of amendments to Art. 8 of the Rome Statute, the war-crimes provision, prohibiting the use …

The International Criminal Court Gets Jurisdiction Over the Crime of Aggression The Assembly of States Parties to the Statute of the International Criminal Court has, overnight (New York time), adopted a resolution which activates the jurisdiction of the Court over the crime of aggression. This was the culmination of intense negotiations …