Archivo de Etiquetas: VCLT

Palestine v United States: Why the ICJ does not need to decide whether Palestine is a state Palestine’s institution of proceedings against the United States before the International Court of Justice (ICJ) has already drawn much attention on this blog (see here and here) and elsewhere. A great deal has …

Does the ICC Statute Remove Immunities of State Officials in National Proceedings? Some Observations from the Drafting History of Article 27(2) of the Rome Statute Following oral hearings held in September, the Appeals Chamber of the International Criminal Court (ICC) is currently deliberating in Jordan’s Appeal of the Pre-Trial Chamber’s …

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, …

Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1) by Sergey Vasiliev [Sergey Vasiliev is an Assistant Professor of International Law, Grotius Centre for International Legal Studies, Leiden University. This is the first part of a two-part contribution.] Questions raised by the ICC’s reaction …

The Relationship of the 2017 Treaty on the Prohibition of Nuclear Weapons with other Agreements: Ambiguity, Complementarity, or Conflict? As discussed in Dan Joyner’s recent blog entry, the Treaty on the Prohibition of Nuclear Weapons was adopted by 122 States at a United Nations diplomatic conference in New York on …

The Jadhav Case and the Legal Effect of Non-Registration of Treaties Those following the legal tangle of the Jadhav Case closely would have noticed India’s (attempted) coup de grâce in its oral submissions regarding the bilateral Agreement on Consular Access of 21 May 2008 between India and Pakistan (“2008 Agreement”, …

The Brexit Bill and the Law of Treaties As has been widely reported in the media (e.g. The Guardian, the BBC), the House of Lords reached two main legal conclusions in its March 2017 report on Brexit and the EU budget: Article 50 TEU allows the UK to leave the …

Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory …

Brexit and International Law In earlier posts (here and here) there was a discussion about the different scenarios that might play out following the UK’s vote to exit the European Union. These and other debates have focused largely on the legal implications for the UK and the European Union and …

The Relationship between National Law and International Law in the Report of the Georgia Fact-Finding Mission: A Rejoinder Editor’s Note: This post is a continuation of a discussion engendered by a previous post by André de Hoogh. Readers will benefit from reading that previous post and the comments made in …

The Relationship between National Law and International Law in the Report of the Georgia Fact-Finding Mission: Editor’s Note: This post is part of a series discussing the the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia. Other posts in this series include Gazzini, “Criteria for Statehood …

The ICJ and Evolutionary Treaty Interpretation On Monday, the ICJ delivered its judgment in the Costa Rica v. Nicaragua case, concerning navigational and related rights on the river San Juan (Registry summary; judgment). The case itself is not terribly important in the grand scheme of things, but upon reading the …