Archivo de Etiquetas: the President

The Constitutional Conflict in Turkey: Is There Still an Effective Remedy for Human Rights Violations? by Massimo Frigo [Massimo Frigo is the Senior Legal Advisor of the International Commission of Jurists, Europe Programme.] A legal dispute between first instance ordinary courts and the Constitutional Court in Turkey is leading the country …

Foreign Jurists in the Colombian Special Jurisdiction for Peace: A New Concept of Amicus Curiae? One year after the conclusion, on 24 November 2016, of the Final Peace Agreement between the Colombian government and the FARC-EP (Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo/ Revolutionary Armed Forces of Colombia …

Election Rules for ICC Judges: A Balanced Bench Through Quasi-Quotas At its 16th session starting today (Monday 4 December) in New York, the ICC Assembly of States Parties (ASP) will proceed to elect six new judges for the Court. In doing so, the ASP will follow a special procedure that …

The Legality of Pardons in Latin America by Alonso Gurmendi Dunkelberg [Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] In recent months, most commentaries coming out of South America have focused on the Colombian Peace Agreement with the FARC. There is, however, another post-conflict country …

Reflections on the US withdrawal from the Paris Climate Change Agreement Ending months of fevered speculation, President Donald Trump fulfilled his campaign promise and announced US withdrawal from the 2015 Paris Agreement last week. He did so because in his opinion the Paris Agreement inflicts ‘severe energy restrictions’ on the …

Some Thoughts on the Jadhav Case: Jurisdiction, Merits, and the Effect of a Presidential Communication On 8 May, India instituted proceedings at the International Court of Justice against Pakistan relating to the latter’s imprisonment and award of death penalty to Kulbhushan Jadhav, an Indian national. Pakistan claims it arrested Mr Jadhav on …

The Precedent Set by the US Reprisal Against the Use of Chemical Weapons in Syria In his recent post on the United States’ missile strike against a Syrian airbase, on 6 April 2017, Marko Milanovic focused primarily on the unlawfulness of that action (here). While I agree with that view, …

Taking the ‘Union’ out of ‘EU’: The EU-Turkey Statement on the Syrian Refugee Crisis as an Agreement Between States under International Law Almost one year after its conclusion, the Court of Justice of the European Union (CJEU) has eventually made clear the real nature of the ‘so-called’ EU-Turkey Statement. The …

Hegemonic Cooperation or Succession? The United States’ Emerging ‘Abandonment’, and China’s Rising ‘Defense’, of the Global Order Many international lawyers all over the world will doubtless have experienced a surge of surrealism over the past weeks, witnessing dramatic contrasts emerging between American and Chinese foreign policies seeking to redefine the …

Applications for Revision of the International Court of Justice Judgments: The Curious “Case” for Revision of the Bosnian Genocide Judgment Last Thursday, the President of the International Court of Justice (ICJ) made a statement announcing that the Court was “not properly” seised of a request for revision of the Court’s …

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, …

The Status of Treaties in Domestic Law by David Stewart by David Stewart [David P. Stewart is Professor from Practice at Georgetown University Law Center.This is the third post in our symposium this week on treaty supremacy.] How are we to explain the yawning gap between the Founding Fathers’ clearly “monist” …