Keynote Speech Part III: Challenging International Law: What’s New? [Jutta Brunnée is Professor of Law and Metcalf Chair in Environmental Law, Faculty of Law, University of Toronto. This essay is based on a keynote presentation given at the annual conference of the Canadian Council on International Law in Ottawa, on November …
Leer »The Bolton Speech: The Legality of US Retaliatory Action Against Judges and Officials of the International Criminal Court?
The Bolton Speech: The Legality of US Retaliatory Action Against Judges and Officials of the International Criminal Court? The speech given on Monday by John Bolton, US National Security Adviser, threatening action by the US against the International Criminal Court (ICC) in response to potential ICC investigation of US personnel …
Leer »The Human Rights Covenants at 50
The Human Rights Covenants at 50 Author: Edited by Daniel Moeckli and Helen Keller Consultant Editor Corina Heri ISBN: 9780198825890 Binding: Hardcover Publication Date: 28 August 2018 Price: $99.95 Their Past, Present, and Future Edited by Daniel Moeckli and Helen Keller Consultant Editor Corina Heri The first comprehensive work taking …
Leer »The Missing Link in Migration Governance: An Advisory Opinion by the International Court of Justice
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 …
Leer »African Union v International Criminal Court: episode MLXIII (?)
African Union v International Criminal Court: episode MLXIII (?) It never gets boring. At the latest African Union (AU) summit, which wrapped up recently in Addis Ababa, the AU-ICC controversy went into its next round; this time, however, with a rather constructive proposal for easing the tensions that had built …
Leer »Can the International Court of Justice Decide on the Chagos Islands Advisory Proceedings without the UK’s Consent?
Can the International Court of Justice Decide on the Chagos Islands Advisory Proceedings without the UK’s Consent? As Marko has noted in this post, last week Thursday, the UN General Assembly adopted a resolution requesting the International Court of Justice provide an advisory opinion on the legality of the separation …
Leer »ICJ Advisory Opinion Request on the Chagos Islands
ICJ Advisory Opinion Request on the Chagos Islands Yesterday the UN General Assembly voted, by 94 to 15 with 65 states abstaining, to issue a request for an advisory opinion from the International Court of Justice on the Chagos Islands. Readers will be familiar with the many legal disputes that …
Leer »Forcible Humanitarian Action in International Law
Forcible Humanitarian Action in International Law There is a widespread myth amongst international lawyers. This is the apparently unshakeable proposition that forcible humanitarian action is clearly unlawful. Any changes to that proposition would be impossible, given: The preponderance of the doctrine of sovereignty over countervailing considerations, such as human rights; …
Leer »Incorporating UN General Assembly Declaratory Texts into Domestic Law?
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 …
Leer »Palestine as a UN Observer State: Does this Make Palestine a State?
Palestine as a UN Observer State: Does this Make Palestine a State? Last week, the UN General Assembly voted by 138 to 9 (with 41 abstaining) “to accord to Palestine non-member observer State status in the United Nations”. Thus, Palestine which has been an observer at the UN since 1974 …
Leer »Kenya’s ICC Deferral Request and the proposed amendment to article 16 of the Rome Statute
Kenya’s ICC Deferral Request and the proposed amendment to article 16 of the Rome Statute Editor’s Note: The authors have recently launched a blog focussing primarily on issues of international criminal justice from an African perspective. See http://warandlaw.blogspot.com According to media reports , the Kenyan government is redoubling its misguided efforts …
Leer »Duality of government in Côte d’Ivoire
Duality of government in Côte d’Ivoire Dr. Jean d’Aspremont is Associate Professor of International Law and Senior Research Fellow of the Amsterdam Center for International Law at the University of Amsterdam. He is also Guest Professor of International Humanitarian Law at the University of Louvain in Belgium and Senior Editor …
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