Archivo de Etiquetas: prohibition

Ukraine v Russia at the ICJ Hearings on Indication of Provisional Measures: Who Leads? From the day Ukraine submitted its case against Russia at the ICJ, one could expect that the case would be extremely politicized and difficult to adjudicate. Oral proceedings on the request for provisional measures held on …

The Evacuation of Eastern Aleppo: Humanitarian Obligation or War Crime? On March 1, the UN Independent International Commission of Inquiry on the Syrian Arab Republic (“the Commission”) released a report on the horrific events that unfolded in Aleppo last year until it was captured by the Syrian governmental forces. The …

International Law in the Age of Trump In the second month of Donald Trump’s presidency, we still know little about his foreign policy agenda. He regularly said things during the campaign that suggested a radical departure from longstanding tenets of U.S. foreign policy. And during his first month in office, …

Urbaser v Argentina: The Origins of a Host State Human Rights Counterclaim in ICSID Arbitration? Investment tribunals rarely examine host state arguments based on international human rights law in great depth. The ICSID award Urbaser v Argentina is the first to provide a detailed discussion of a host state’s human …

Turkey’s Derogation from Human Rights Treaties – An Update In an earlier post of 27 July I provided a first assessment of Turkey’s declared derogation from the European Convention on Human Rights (ECHR) and an assessment what kind of measures could be expected, as derogations both from the ECHR and …

The Supremacy of International Law? – Part One Editor’s Note: This is the text of the 2nd Annual British Embassy (The Hague) International Law Lecture, delivered on 23 May 2016 (part one of two). My topic is The Supremacy of International Law? I chose the subject unwisely, seduced by the …

Crimea: Does “The West“ Now Pay the Price for Kosovo? There is a lingering sentiment on this blog (see the posts by Nico Krisch and Christian Marxsen) that “the Kosovo issue” has facilitated the blatant violations of international law recently committed by Russia with regard to Crimea (notably the unlawful …

Security Council Requires Scheduled Destruction of Syria’s Chemical Weapons, Unanimously Adopting Resolution 2118 (2013) The full text of Security Council resolution 2118 (2013) reads as follows: “The Security Council, “Recalling the Statements of its President of 3 August 2011, 21 March 2012, 5 April 2012, and its resolutions 1540 (2004), …

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 …

Can the Allies Lawfully Arm the Lybian Rebels?My friend Claus Kress yesterday brought to my attention a most pertinent legal issue: In Resolution 1970, the UN Security Council imposed an arms embargo on Lybia. The embargo was reaffirmed and strengthened in op. paras. 13-16 of Resolution 1973. The embargo appears …

The undersigned Plenipotentiaries, in the name of their respective Governments: (Here follow the names of Plenipotentiaries)Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids materials or devices, has been justly condemned by the general opinion of the civilized world; andWhereas the prohibition of …

The General Assembly, Recalling its resolutions 523 (VI) of 12 January 1952 and 626 (VII) of 21 December 1952, Bearing in mind its resolution 1314(XIII) of 12 December 1958, by which it established the Commission on Permanent Sovereignty over Natural Resources and instructed it to conduct a full survey of …