sábado, enero 28, 2023

Archivo de Etiquetas: customary international law

Beyond “Good Neighborliness” in the ICJ 1 October 2018 Judgment in Bolivia v. Chile: Do Human Rights and Sustainable Development Obligate Creating Negotiated Access for Landlocked Bolivia to the Pacific Ocean?

EJIL Blog of the European Journal of International Law

Beyond “Good Neighborliness” in the ICJ 1 October 2018 Judgment in Bolivia v. Chile: Do Human Rights and Sustainable Development Obligate Creating Negotiated Access for Landlocked Bolivia to the Pacific Ocean? On 1 October 2018, the International Court of Justice issued its Judgment on the Merits in Obligation to Negotiate Access …

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A new twist in the South China Sea Arbitration: The Chinese Society of International Law’s Critical Study

EJIL Blog of the European Journal of International Law

A new twist in the South China Sea Arbitration: The Chinese Society of International Law’s Critical Study On Monday 14 May 2018 the Chinese Journal of International Law, an Oxford University Press journal, published an extraordinary 500 page “Critical Study” of the Awards on jurisdiction and the merits in the …

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The Missing Link in Migration Governance: An Advisory Opinion by the International Court of Justice

EJIL Blog of the European Journal of International Law

The Missing Link in Migration Governance: An Advisory Opinion by the International Court of Justice Even though the International Court of Justice (ICJ) has jurisdiction to resolve disputes on the interpretation and application of the 1951 Refugee Convention (Art. 38) and the 1967 Protocol (Art. IV), it has so far …

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70 Years of the International Law Commission: Drawing a Balance for the Future

OpinioJuris

70 Years of the International Law Commission: Drawing a Balance for the Future by Christiane Ahlborn and Bart Smit Duijzentkunst [Christiane Ahlborn and Bart Smit Duijzentkunst are Associate Legal Officers at the Codification Division of the United Nations Office of Legal Affairs in New York. This post, and its sister post …

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The Persistent Objector Rule in International Law

The Persistent Objector Rule in International Law James A. Green

The Persistent Objector Rule in International Law Author: James A. Green ISBN: 9780198825661 Binding: Paperback Publication Date: 20 April 2018 Price: $34.95 Description The persistent objector rule is said to provide states with an ‘escape hatch’ from the otherwise universal binding force of customary international law. It provides that if …

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Identification of customary international law

International Law Commission

Identification of customary international law The report containing government comments on the identification of customary international law has been issued (A/CN.4/716). [via International Law Commission]

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The Customary International Law of Jurisdiction in the Restatement (Fourth) of Foreign Relations Law

OpinioJuris

The Customary International Law of Jurisdiction in the Restatement (Fourth) of Foreign Relations Law by William S. Dodge [William S. Dodge is Martin Luther King, Jr. Professor of Law at the UC Davis School of Law. He currently serves as a co-reporter for the Restatement (Fourth) of Foreign Relations Law.] …

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Did the Trump Administration’s Jerusalem Declaration Violate International Law?

OpinioJuris

Did the Trump Administration’s Jerusalem Declaration Violate International Law? by David Hughes [David Hughes is a Grotius Research Scholar at the University of Michigan, Law School and a PhD Candidate at Osgoode Hall Law School in Toronto.] On 6 December, President Trump signed a Proclamation recognizing Jerusalem as Israel’s capital …

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Security Council Resolutions as Evidence of Customary International Law

EJIL Blog of the European Journal of International Law

Security Council Resolutions as Evidence of Customary International Law In 2012 the International Law Commission began to address one of the last major uncodified areas of public international law: how norms of customary law (CIL) are to be identified.  The exercise at the ILC has not been an easy one.  …

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Why the New Weapons Amendments (Should) Apply to Non-States Parties

OpinioJuris

Why the New Weapons Amendments (Should) Apply to Non-States Parties by Kevin Jon Heller Although aggression received most of the attention at the Assembly of States Parties (ASP) last month, the ASP also adopted a series of amendments to Art. 8 of the Rome Statute, the war-crimes provision, prohibiting the use …

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The International Criminal Court Gets Jurisdiction Over the Crime of Aggression

EJIL Blog of the European Journal of International Law

The International Criminal Court Gets Jurisdiction Over the Crime of Aggression The Assembly of States Parties to the Statute of the International Criminal Court has, overnight (New York time), adopted a resolution which activates the jurisdiction of the Court over the crime of aggression. This was the culmination of intense negotiations …

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New EJIL:Live! Interview with Niels Petersen on his Article “The International Court of Justice and the Judicial Politics of Identifying Customary International Law”

EJIL Blog of the European Journal of International Law

New EJIL:Live! Interview with Niels Petersen on his Article “The International Court of Justice and the Judicial Politics of Identifying Customary International Law” In this latest episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Niels Petersen of the University of Münster, whose article, “The …

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