miércoles, mayo 18, 2022

Archivo de Etiquetas: EJIL

Can the ICC Prosecute for Use of Chemical Weapons in Syria?

Can the ICC Prosecute for Use of Chemical Weapons in Syria? Recent reports regarding the possible use of chemical weapons in Syria are very disturbing indeed. If it turns out that there is concrete evidence that chemical weapons have been used, many will hope this will (finally) provoke action by the …

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Democratic Statehood in International Law

Democratic Statehood in International Law In the book Democratic Statehood in International Law, I develop an argument that state creation is a political process of overcoming a competing claim to territorial integrity. The emergence of a new state is not an automatic or factual occurrence upon meeting the statehood criteria. …

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The Security Council and the ICC

The Security Council and the ICC The University of California Irvine Law School’s International Justice Clinic recently issued an important report examining the relationship between the UN Security Council and the International Criminal Court.   The report, authored by UCI Irvine Prof David Kaye, is the culmination of a project on the Council and the Court run …

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UK Supreme Court Decides Smith (No. 2) v. The Ministry of Defence

UK Supreme Court Decides Smith (No. 2) v. The Ministry of Defence Last week the UK Supreme Court delivered its judgment in Smith (No. 2) v. The Ministy of Defence (judgment; BBC News report). This is a follow-up to the Smith (No. 1) case decided three years ago, with a …

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A Shared Responsibility Trap: Supplying Weapons to the Syrian Opposition

A Shared Responsibility Trap: Supplying Weapons to the Syrian Opposition Syrian Opposition Flag (Wikipedia) Cross-posted at the SHARES Blog In the last few weeks, a shared responsibility trap has arisen in relation to the conflict in Syria. On 4 June 2013, the Report of the Independent International Commission of Inquiry …

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A Shared Responsibility Trap: Supplying Weapons to the Syrian Opposition

A Shared Responsibility Trap: Supplying Weapons to the Syrian Opposition Syrian Opposition Flag (Wikipedia) Cross-posted at the SHARES Blog In the last few weeks, a shared responsibility trap has arisen in relation to the conflict in Syria. On 4 June 2013, the Report of the Independent International Commission of Inquiry …

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Human Rights: Member State, EU and ECHR Levels of Protection

Human Rights: Member State, EU and ECHR Levels of Protection Article 53 of the Charter of Fundamental Rights of the European Union caused, already at its inception, a hermeneutical conundrum: Nothing in the Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized, in …

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Does Use of Chemical Weapons Justify Intervention in Syria?

Does Use of Chemical Weapons Justify Intervention in Syria? Over the last few days, various media outlets have reported that the US, UK and other countries believe that the Syrian government has used chemical weapons in the Syrian conflict (see BBC report). Apparently, there is not yet conclusive evidence of this …

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Bolivia Institutes Proceedings Against Chile Before the ICJ

Bolivia Institutes Proceedings Against Chile Before the ICJ After a lull of almost a year and a half, the ICJ got a new case – yesterday Bolivia instituted proceedings against Chile with regard to Chille’s alleged obligation to negotiate with Bolivia a fully sovereign acess to the Pacific Ocean for …

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The Law Applicable to Peacekeepers Deployed in Situations where there is No Armed Conflict

The Law Applicable to Peacekeepers Deployed in Situations where there is No Armed Conflict Siobhán Wills  is Professor of Law at the University of Ulster, Northern Ireland. I have been researching the peacekeeping operation in Haiti, MINUSTAH, and in doing so coming up against a problem that I would appreciate …

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Are the two Koreas Now at War?

Are the two Koreas Now at War? In recent days the tensions on the Korean peninsula have risen. On 11 March, North Korea claimed  that it had terminated the armistice agreement that ended the Korean War of the 1950s and on 30 March stated that: “From this time on, the …

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Scottish Independence: Political Rhetoric and Legal Realities

Scottish Independence: Political Rhetoric and Legal Realities The recent publication of Professors Crawford and Boyle’s opinion on the international law aspects of Scottish independence is an event not because it says anything new – most commentators (including the present writer) come to the same conclusions – but because it puts …

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