Archivo de Etiquetas: EJIL

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 …

“The City and the City” and Public International Law The City and the City. It is, at its core, a novel about jurisdiction, and its setting is one of Miéville’s most fascinating creations. Miéville himself is no stranger to international law, being the author of Between Equal Rights: A Marxist …

Military force against Syria would be a reprisal rather than humanitarian intervention, but that doesn’t make it any more lawful Dr Shane Darcy is a lecturer at the Irish Centre for Human Rights, National University of Ireland Galway. The anticipated use of military force against Syria in reaction to the …

The 100th Anniversary of the Peace Palace Today marks the 100th anniversary of the Peace Palace, which houses the International Court of Justice in the Hague. The Peace Palace also houses the Permanent Court of Arbitration (PCA), the Hague Academy of International Law and the Peace Palace Library. The idea …

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 …

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 …

Democratic Statehood in International Law In the book Democratic Statehood in International Law, I develop an argument that state creation is a political process of overcoming a competing claim to territorial integrity. The emergence of a new state is not an automatic or factual occurrence upon meeting the statehood criteria. …

The Security Council and the ICC The University of California Irvine Law School’s International Justice Clinic recently issued an important report examining the relationship between the UN Security Council and the International Criminal Court.   The report, authored by UCI Irvine Prof David Kaye, is the culmination of a project on the Council and the Court run …

UK Supreme Court Decides Smith (No. 2) v. The Ministry of Defence Last week the UK Supreme Court delivered its judgment in Smith (No. 2) v. The Ministy of Defence (judgment; BBC News report). This is a follow-up to the Smith (No. 1) case decided three years ago, with a …

A Shared Responsibility Trap: Supplying Weapons to the Syrian Opposition Syrian Opposition Flag (Wikipedia) Cross-posted at the SHARES Blog In the last few weeks, a shared responsibility trap has arisen in relation to the conflict in Syria. On 4 June 2013, the Report of the Independent International Commission of Inquiry …

A Shared Responsibility Trap: Supplying Weapons to the Syrian Opposition Syrian Opposition Flag (Wikipedia) Cross-posted at the SHARES Blog In the last few weeks, a shared responsibility trap has arisen in relation to the conflict in Syria. On 4 June 2013, the Report of the Independent International Commission of Inquiry …

Human Rights: Member State, EU and ECHR Levels of Protection Article 53 of the Charter of Fundamental Rights of the European Union caused, already at its inception, a hermeneutical conundrum: Nothing in the Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized, in …