Archivo de Etiquetas: law

Questioning the Statehood of the Vatican The Pope will begin a State visit to the UK on Thursday Sept 16. In anticipation of this event, some are using the occasion to highlight the tragedy concerning the sexual abuse of children by catholic priests around the world and the failure of …

European States Ask Kenya to Explain Failure to Arrest BashirThe BBC reports that a number of European Union States have summoned Kenyan Ambassadors asking them to explain why Kenya failed to arrest Sudanese President Bashir when he visited Kenya last week. The International Criminal Court has issued two warrants for the …

Prosecuting pirates in national courts: US v Said and piracy under US law On August 17, a US District Court handed down a fascinating piece of statutory interpretation that apparently means that unless a Somali pirate succeeds in stealing something, he cannot be charged with piracy under US law. There …

Necessity in Investor-State Arbitration: The Sempra Annulment decision Sahib Singh is a  member of the international litigation and arbitration group at Skadden and a visiting lecturer at the University of Vienna. This note was prepared before the Enron v. Argentina annulment decision became available at the beginning of August. A note …

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 …

Los infrascritos Plenipotenciarios, a nombre de sus respectivos Gobiernos, con el propósito de determinar en ciertos casos su situación en cuanto a obligaciones militares a las personas que tengan dos o más nacionalidades, han convenido en lo siguientes: ARTICULO I La persona que tenga dos o más nacionalidades y resida …

CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAWS THE HAGUE – 12 APRIL 1930 CONSIDERING that it is of importance to settle by international agreement questions relating to the conflict of nationality laws; BEING CONVINCED that it is in the general interest of the international community to …

ICJ finds that Kosovo’s Declaration of Independence not in Violation of International Law The 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 …

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 …

The Rise of International Criminal Law: A Further Rejoinder to Roth and AndersonEditor’s Note: This post is part of series discussing the 2009 EJIL Article by Professor Kenneth Anderson: “The Rise of International Criminal Law: Intended and Unintended Consequences,” . Previous posts in this discussion were by Ken Anderson (see here, …

Anti-Piracy Court Opens in Kenya At the end of last week, Kenya opened a special court to try suspected pirates operating from Somalia in the Gulf of Aden (see BBC Report here and here) The Court, which is funded by a number of international organizations and States including the UN, the EU, Australia …

Draft Code of Crimes against the Peace and Security of Mankind (1996) Part one General provisions Article 1 Scope and application of the present Code 1.      The present Code applies to the crimes against the peace and security of mankind set out in part two. 2.       Crimes against the peace …