Archivo de Etiquetas: EJIL

A New Legal Framework for the Enforcement of Settlement Agreements Reached through International Mediation: UNCITRAL Concludes Negotiations on Convention and Draft Model Law Introduction On February 9, 2018, the United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II concluded negotiations on a convention and model law on the …

Times Are Changing – and What About the International Rule of Law Then? Note from the Editors:  This week we hold the first EJIL:Talk! Contributing Editors’ Debate, where some or all of our distinguished Contributing Editors lend their views on broad themes of international law and the state of the art, …

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 …

Western Sahara before the CJEU Just a quick heads-up to our readers that yesterday Advocate General Wathelet of the Court of Justice of the EU delivered his opinion in Case C‑266/16, Western Sahara Campaign UK, The Queen v Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for  Environment, …

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 …

¿Es posible invocar la legítima defensa ante un ataque armado proveniente de un actor no estatal?: Francia vs. el Estado Islámico Pablo Rosales Zamora Karem Cárdenas Ynfanzón* A raíz de los recientes ataques terroristas ocurridos en París, se han vuelto a escuchar en boca de los grandes líderes políticos, periodistas …

Who is the victim of cultural heritage destruction? The Reparations Order in the case of the Prosecutor v Ahmad Al Faqi Al Mahdi On 17 August 2017, Trial Chamber VIII of the ICC issued its Reparations Order in the Al Mahdi case. The Chamber found that Al Mahdi was liable …

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 …