Archivo de Etiquetas: ARTICLES

OPINION 2/94 OF THE COURT 28 March 1996 (Accession by the Community to the European Convention for the Protection of Human Rights and Fundamental Freedoms) The Court of Justice has received a request for an Opinion, lodged at the Registry of the Court on 26 April 1994, from the Council …

Keywords ++++ 1. Competition ° Administrative procedure ° Statement of objections ° Content required (Regulation No 17 of the Council, Art. 19(1); Regulation No 99/63 of the Commission, Art. 4) 2. Competition ° Agreements, decisions and concerted practices ° Concerted practice ° Concept ° Coordination and cooperation incompatible with the …

Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? Part I (What Does the Rome Statute Say?) Since the capture of Saif Al Islam Gaddafi last week there have been questions asked about whether he ought to be tried in Libya or by the International Court Criminal …

Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? Part I (What Does the Rome Statute Say?) Since the capture of Saif Al Islam Gaddafi last week there have been questions asked about whether he ought to be tried in Libya or by the International Court Criminal …

General Assembly and Security Council Elect Four Judges to the ICJ But Fail to Agree On Fifth Judge. What Happens Next? Last week the United Nations General Assembly and Security Council conducted  elections to elect judges to the International Court of Justice (ICJ) (see UN Press Releases here and here). Under …

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) …

The Nuremberg Military Tribunals and the Origins of International Criminal Law I am deeply grateful to both my co-bloggers at Opinio Juris and the editors of EJIL: Talk! – particularly my friends Marko Milanovic and Dapo Akande – for this remarkable opportunity to discuss my new book.  I look forward …

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 …

Gallant on Legality and the Rome Statute To my shame, I’ve only just noticed that Ken Gallant in his excellent book The Principle of Legality in International and Comparative Criminal Law (Cambridge: Cambridge University Press, 2009) – recently reviewed in the JICJ here – addresses the difficult problem of applying …

An Overview of Disobeying the Security Council I. Introduction Disobedience of an illegal or unjust command has long been a source of inspiration and scholarly excitement for lawyers, philosophers, and even dramatists, among many others. One of the best known tragedies of Sophocles, Antigone, sees the heroine defy the edict …

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me to …

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution? I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me …