Archivo de Etiquetas: Case

North Korea and the Law on Anticipatory Self-Defense Media reports over the last few weeks indicate that the already tense relationship between North Korea and the United States is getting worse. Now that North Korea is nearly ready to test an intercontinental ballistic missile, the United States has said that …

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 …

The ECtHR’s Ilias and Ahmed v. Hungary and Why It Matters The European Court of Human Rights delivered a judgment last Tuesday in the case of Ilias and Ahmed v. Hungary, finding multiple violations of the European Convention as a result of Hungary’s border procedures and its treatment of asylum-seekers. …

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 …

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 …

The ICJ’s Preliminary Objections Judgment in Somalia v. Kenya: Causing Ripples in Law of the Sea Dispute Settlement? On 2 February 2017, the International Court of Justice handed down its Judgment on preliminary objections in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). Somalia had brought …

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” …

The Origins and Fall of Treaty Supremacy and Its Significance by Thomas Lee [Thomas Lee is the Leitner Family Professor of International Law and the Director of Graduate and International Studies at Fordham Law School. This is the fifth post in our symposium this week on treaty supremacy.] Imagine Congress passes, …

Treaties in Constitutional Time by John Parry [John Parry is the Associate Dean of Faculty and Edward Brunet Professor of Law at the Lewis & Clark Law School. This is the fourth post in our symposium this week on treaty supremacy.] David Sloss’s fantastic new book restores order and sanity to …

UN court decides to hear case between Kenya and Somalia concerning maritime delimitation 2 February 2017 – The International Court of Justice – the principal judicial organ of the United Nations – today issued a verdict, admitting an application submitted by Somalia, over the maritime delimitation between it and Kenya …

The Important Role of International Law in Legal Challenges to Trump’s Anti-Refugee Order by Jonathan Hafetz [Jonathan Hafetz is Professor of Law at Seton Hall University School of Law.] President Trump’s recent executive order temporarily barring the entry of refugees and others has provoked widespread protests, inflicted unnecessary suffering, and …