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, …
Leer »Security Council Resolution 2334 (2016) and its Legal Repercussions Revisited
Security Council Resolution 2334 (2016) and its Legal Repercussions Revisited Security Council 2334 (2016), adopted by the Security Council on December 23, 2016 with 14:0:1 votes, the United States abstaining, and dealing with the issue of Israel’s settlement policy in the occupied Palestinian territory, and the broader issue of the …
Leer »State Identity, Continuity, and Responsibility: The Ottoman Empire, the Republic of Turkey and the Armenian Genocide
State Identity, Continuity, and Responsibility: The Ottoman Empire, the Republic of Turkey and the Armenian Genocide Vahagn Avedian is a PhD candidate in the Department of History, Lund University and Chief Editor of Armenica.org. This post summarises his article which was published in (2012) 23 EJIL 797-820. The Republic of Turkey’s …
Leer »May the UK Terminate the Diplomatic Status of Ecuador’s Embassy?
May the UK Terminate the Diplomatic Status of Ecuador’s Embassy? Ecuador has announced that it is granting asylum to Julian Assange, the Wikileaks founder, who has taken refuge in the Ecuardor’s embassy in London. Assange sought refuge in the Embassy after the UK Supreme Court ruled a few weeks ago that …
Leer »Julian Assange and Diplomatic Asylum
Julian Assange and Diplomatic Asylum Matthew Happold is Professor of Public International Law at the University of Luxembourg and an associate tenant at 3 Hare Court, London . In taking refuge in the Ecuadorian embassy in London, Julian Assange joins a long list of individuals who have sought asylum in …
Leer »Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) – 05/12/2011 – Judgment –
5 DECEMBER 2011 JUDGMENT APPLICATION OF THE INTERIM ACCORD OF 13 SEPTEMBER 1995 (THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA v. GREECE) Chronology of the procedure I. Introduction Jurisdiction of the Court and admissibility of the Application 23-61 Whether the dispute is excluded from the Court’s jurisdiction under the terms of …
Leer »Al-Skeini and Al-Jedda in Strasbourg
Al-Skeini and Al-Jedda in StrasbourgI’ve posted on SSRN an article which will be published in the EJIL next year on Al-Skeini and Al-Jedda before the European Court of Human Rights. The pre-print draft will be available on SSRN until the article comes out in the Journal. The abstract is below, …
Leer »REQUEST FOR INTERPRETATION OF THE JUDGMENT OF 15 JUNE 1962 IN THE CASE CONCERNING THE TEMPLE OFPREAH VIHEAR (CAMBODIA v. THAILAND) – 18/07/2011
18 JUILLET 2011 ORDONNANCE DEMANDE EN INTERPRÉTATION DE L’ARRÊT DU 15 JUIN 1962 EN L’AFFAIRE DU TEMPLE DE PRÉAH VIHÉAR (CAMBODGE c. THAÏLANDE) (CAMBODGE c. THAÏLANDE) DEMANDE EN INDICATION DE MESURES CONSERVATOIRES REQUEST FOR INTERPRETATION OF THE JUDGMENT OF 15 JUNE 1962 IN THE CASE CONCERNING THE TEMPLE OFPREAH VIHEAR …
Leer »Uses of Force against Civil Aircraft
Uses of Force against Civil Aircraft Dr Kimberley N. Trapp is lecturer in law at Newnham College, University of Cambridge. On 18 June, South Korean marines (stationed on Gyodong Island, to the west of South Korea) fired 99 rifle rounds at an Asiana flight en route from Chengdu (China) to …
Leer »An Overview of Disobeying the Security Council
An Overview of Disobeying the Security Council I. Introduction Disobedience of an illegal or unjust command has long been a source of inspiration and scholarly excitement for lawyers, philosophers, and even dramatists, among many others. One of the best known tragedies of Sophocles, Antigone, sees the heroine defy the edict …
Leer »Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?
Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution? I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me …
Leer »Questioning the Peremptory Status of the Prohibition of the Use of Force
Questioning the Peremptory Status of the Prohibition of the Use of Force Dr James A. Green is lecturer in law at the University of Reading School of Law. The prohibition of the unilateral use of force, as set out most crucially in Article 2(4) of the UN Charter, is often …
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