Archivo de Etiquetas: EJIL

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 …

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 …

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 …

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 …

Boyle and Crawford on Scottish Independence Last month, Joseph Weiler’s post on Catalonian independence and the European Union triggered a lively discussion here on EJIL!Talk (including Nico Krisch’s reply). Yesterday’s publication by the British government of a legal opinion by Alan Boyle of the University of Edinburgh and James Crawford of the …

Incorporating UN General Assembly Declaratory Texts into Domestic Law? Last week in Canada, with federal MPs returning to Parliament amidst the continuation of countrywide protests by indigenous peoples, an opposition MP introduced a private member’s bill (Bill C-469) to require the Canadian government to ensure that all federal laws are …

Incorporating UN General Assembly Declaratory Texts into Domestic Law? Last week in Canada, with federal MPs returning to Parliament amidst the continuation of countrywide protests by indigenous peoples, an opposition MP introduced a private member’s bill (Bill C-469) to require the Canadian government to ensure that all federal laws are …

Iceland not responsible for the liabilities of its deposit insurance scheme In a landmark decision, the EFTA Court on 28 January 2013 dismissed all claims brought by the EFTA Surveillance Authority against Iceland in the Icesave case. The Authority had alleged that Iceland had breached its obligations under Directive 94/14/EC …

French Military Intervention in Mali: It’s Legal but… Why? Part II: Consent and UNSC Authorisation In the First Part of this comment we have seen that reference to article 51 of the UN Chapter in order to justify Operation Serval, is problematic. We will now discuss the two other legal …

France Intervenes in Mali Invoking both SC Resolution 2085 and the Invitation of the Malian Government – Redundancy or Legal Necessity? Vidan Hadzi-Vidanovic is a lawyer in the Registry of the European Court of Human Rights. The views expressed in this contribution are those of the author and do not …

Philippines Initiates Arbitration Against China over South China Seas Dispute Today, the Philippines has initiated arbitral proceedings against China with regard to China’s claims over much of the South China seas. Those Chinese claims have led to serious disputes between China and several of its neighbours in East Asia with those disputes …

Philippines Initiates Arbitration Against China over South China Seas Dispute Today, the Philippines has initiated arbitral proceedings against China with regard to China’s claims over much of the South China seas. Those Chinese claims have led to serious disputes between China and several of its neighbours in East Asia with those disputes …