Archivo de Etiquetas: law

Non-State Actors and Non-Refoulement: The Supreme Court’s Decision in Zain Taj Dean Lord Advocate v. Zain Taj Dean [2017] UKSC 44 concerned an extradition request, made by the Republic of China in Taiwan (‘ROC’). Dean, a British national, had lived in Taiwan for many years. In 2011, he was convicted …

The ICC Assembly of States Parties Prepares to Activate the ICC’s Jurisdiction over the Crime of Aggression: But Who Will be Covered by that Jurisdiction? The states parties to the Statute of the International Criminal Court have been meeting in New York recently to begin discussions that it is hoped …

The Jadhav Case and the Legal Effect of Non-Registration of Treaties Those following the legal tangle of the Jadhav Case closely would have noticed India’s (attempted) coup de grâce in its oral submissions regarding the bilateral Agreement on Consular Access of 21 May 2008 between India and Pakistan (“2008 Agreement”, …

The Venezuela Crisis at the Organization of American States: Between Withdrawal and Suspension by Alonso Illueca [Alonso Illueca is a lawyer and adjunct Professor of law at Universidad Catolica Santa Maria La Antigua and Universidad del Istmo Panama.] On May 31, 2017, the Meeting of Consultation of Ministers of Foreign …

China’s ‘One Belt, One Road’ Initiative: Can A Bilaterally-Negotiated ‘Globalization 2.0’ Internalize Human Rights, Labor, and Environmental Standards? Over the weekend, while the world’s largest economy was focused on internal fallout from the presidential sacking (and subsequent threatening) of the United States’ FBI Director (and amid calls for impeachment of President …

Some Thoughts on the Jadhav Case: Jurisdiction, Merits, and the Effect of a Presidential Communication On 8 May, India instituted proceedings at the International Court of Justice against Pakistan relating to the latter’s imprisonment and award of death penalty to Kulbhushan Jadhav, an Indian national. Pakistan claims it arrested Mr Jadhav on …

The US and the Paris Agreement: In or Out and at What Cost? Ever since President Donald Trump won the US elections, climate pundits have been playing the ‘will they, won’t they’ game in relation to US withdrawal from the hard-won and widely accepted 2015 Paris Agreement. The political need …

Two Visions of the UN Charter by Jens David Ohlin As I write this, the ASIL annual meeting is conducting a well-timed, previously unannounced panel discussion about the legality of the missile strikes against Assad’s airbase in Syria. In addition to Harold Koh (Yale Law School), who has argued in support …