Archivo de Etiquetas: AJIL

The Bolton Speech: The Legality of US Retaliatory Action Against Judges and Officials of the International Criminal Court? The speech given on Monday by John Bolton, US National Security Adviser, threatening action by the US against the International Criminal Court (ICC) in response to potential ICC investigation of US personnel …

The End of the Iran Deal and the Future of the Security Council Snapback by Jean Galbraith [Jean Galbraith is an Assistant Professor at the University of Pennsylvania Law School.] Yesterday, President Trump announced that the United States will withdraw from the Iran deal. He is not claiming any major …

The Dispute between Guyana and Venezuela over the Essequibo Region Introduction On 29 March 2018, Guyana filed an Application against Venezuela before the International Court of Justice (‘ICJ’) concerning the two States’ long-standing dispute over the Essequibo region. This Application was filed after the UN Secretary General decided on 30 …

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 …

Treaty Supremacy, International Legal Process, and the Origins of the International Human Rights System by Peggy McGuinness [This is the seventh post in our symposium this week on treaty supremacy.] I share with the preceding commentators’ praise of David Sloss’s book, The Death of Treaty Supremacy, and agree with their assessment …

What is the Meaning of “Consensus” in International Decision Making? On 28 March, the negotiators at the Final UN Diplomatic Conference on the Arms Trade Treaty failed to adopt the Arms Trade Treaty (see BBC report here) by consensus.  A few days later the Arms Trade Treaty was adopted by the …

AMCO v. Republic of Indonesia: Resubmitted Case Decision on Jurisdiction A. BACKGROUND 1.       On January 15, 1981 Amco Asia Corporation (“Amco Asia”), Pan American Development Limited (“Pan American”) and PT Amco Indonesia (“P.T. Amco”) filed with the Secretary General of ICSID a Request for Arbitration against the Republic of Indonesia. …

UNESCO Approves Palestinian Membership Bid – A Case for US Countermeasures Against the Organization? Christiane Ahlborn is Ph.D. Candidate at the Amsterdam Center for International Law and member of the project on Shared Responsibility in International Law (SHARES) On 31 October 2011, the UN Educational, Scientific and Cultural Organizations (UNESCO) …

Kenya Invades Somalia Invoking the Right of Self-Defence Vidan Hadzi-Vidanovic is a doctoral candidate at the University of Nottingham School of Law. At a press conference held in Nairobi on 15 October 2011, the Kenyan ministers of defence and interior announced that Kenyan security forces will engage in military operations …

The High Representative for Bosnia and Herzegovina: A Requiem for LegalityDr Miroslav Baros is Senior Lecturer in Law at Sheffield Hallam University, UK. Introduction  ‘The Order further confirms that any proceeding instituted before any Court… which challenges [my] decisions sanctioning individuals …enacted by  me,  will be inadmissible, unless… I expressly give …

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 …