Archivo de Etiquetas: general international law

Questioning the Peremptory Status of the Prohibition of the Use of ForceDr 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 seen as …

THE STATES PARTIES TO THIS PROTOCOL, BEING PARTIES to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, RECOGNIZING that the reasons for which the Convention was elaborated also apply to fixed platforms located on the continental shelf, TAKING ACCOUNT of the provisions of that …

Responsibility of States for Internationally Wrongful Acts Part one The internationally wrongful act of a state Chapter I General principles Article l Responsibility of a State for its internationally wrongful acts Every internationally wrongful act of a State entails the international responsibility of that State. Article 2 Elements of an …

The Kosovo Opinion  Christian J. Tams is Professor of International Law at the Univeristy of Glasgow. His publications include Enforcing Obligations Erga Omnes in International Law (Cambridge University Press, 2005). The International Court of Justice’s Kosovo opinion of 22 July had been much expected. It was one of the not so frequent …

ICJ finds that Kosovo’s Declaration of Independence not in Violation of International LawThe International Court of Justice has held that the declaration of independence by Kosovo is not in violation of international law.  Despite what is likely to be said in the media, this opinion is rather narrow. The Court has …

Kosovo Independence Declaration Is Legal, UN Court Rules THE HAGUE, Netherlands — Kosovo won a major victory on the world stage Thursday as the United Nations’ highest court said its 2008 declaration of independence from Serbia was legal.The nonbinding opinion by the International Court of Justice sets the stage for …

Kosovo Advisory Opinion Preview The ICJ has now officially announced that it will deliver its advisory opinion in the Kosovo case on 22 July. This essay/post is intended to serve as a preview of the many issues raised in the case, of the main lines of argument by states before …

Belgium sues Swizterland in the ICJ in a dispute concerning recognition and enforcement of a civil judgment Last week, Belgium initiated proceedings in the ICJ against Swizterland in a dispute raising issues of private international law and of the relationship between public international law and private international law. The dispute concerns: …

The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework Who is the current President of Honduras?  Far from the stuff of quiz shows, this question bears on the very foundations of international law.  The international reaction to …