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Two Questions on Coups and Representation before International Courts

Think of Myanmar, and the awful consequences of the military coup which are continuing to unfold. One of these consequences – among the least awful, but among the more legally interesting – is that in the immediate aftermath of the coup it is unclear which set of individuals is the government of that state, entitled to represent it internationally. We’ve recently covered that issue, for example, with regard to Myanmar’s representation in the UN; or think of the question that has arisen in the UK as to who is lawfully the Burmese ambassador, entitled to occupy the premises of the diplomatic mission. There are many such representation questions, often looked at from the standpoint of recognition of governments. But an especially peculiar representation issue (and as far as I know one underexplored in the literature) is that of who gets to represent a coup-afflicted state, such as Myanmar, in disputes before international courts and tribunals, particularly in those disputes that are already pending. Think, most obviously, of The Gambia…

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Two Weeks in Review, 26 April – 9 May 2021

EJIL A new issue of the European Journal of International Law arrived last week. Catch up on the Table of Contents and details of the free access article in this issue (Mickey Zar’s Piracy: A Treasure Box of Otherness). Joseph Weiler reflected on the practice of peer reviewing in a widely shared…

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Announcements: Diversity on the International Bench Lecture Series; Munich Advanced Course in International Law; Summer Seminar on Transnational Law; Online U.S.-German Summer Law School; House of Wisdom Podcast; Borderline Jurisprudence Podcast; CfA PluriCourts Research Conference; CfP Indian Journal of International Law; Remote Taking of Evidence Webinar; UN Audiovisual Library of International Law; CfP JWIT Special Issue; CfS Melbourne Journal of International Law; CfS Asia Blogs; Passion and International Law of War Scholarship; Nuremberg Principles Academy Vacancies; Why Inclusivity Matters Panel Event

1. Diversity on the International Bench Public Lecture Series on Women’s Voices. The SNF-funded project “Diversity on the International Bench: Building Legitimacy for International Courts and Tribunals”, led by Professors Neus Torbisco-Casals and Andrew Clapham (Graduate Institute), has launched a monthly public lecture series on “Women’s Voices in the International Judiciary”. The series aims to reflect on…

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The Facebook Oversight Board Made the Right Call on the Trump Suspension

The Facebook Oversight Board’s decision on the ‘indefinite suspension’ of Trump’s account has provoked a storm of commentary, akin to a landmark judgment of a national or international court. Much of that commentary is understandably focused on the bottom line: that Facebook was justified, at the time it made its decision, to suspend Trump’s account…

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Reflections on the International Legal System as a Constitution

Professor Andreas Paulus holds the Chair of Public and International Law at Georg-August-University Göttingen. He is a member of the Scientific Advisory Board of the European Journal of International Law. This post is adapted from “The International Legal System as a Constitution” in: J.L. Dunoff/J.P.

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Why the ICC won’t get it right – The Legal Nature of UN Security Council Referrals and Al-Bashir Immunities

As readers of this blog probably know, the issue of personal immunities of Sudanese President Al-Bashir is highly controversial (see here, here, here, here, here, here, here and here). In particular, previous rulings by the ICC’s Pre-Trial Chambers have been…

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On Whether IHL Applies to Drone Strikes Outside 'Areas of Active Hostilities': A Response to Ryan Goodman

Over on Just Security, Ryan Goodman has an excellent post entitled Why the Laws of War Apply to Drone Strikes Outside “Areas of Active Hostilities” (A Memo to the Human Rights Community). In sum, Ryan argues that human rights activists have been too radical in their critique…

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UK House of Commons debate on the use of force in Iraq, 26 September 2014

On September 26th, the UK House of Commons will debate a Parliamentary motion which seeks to authorise: Her Majesty’s government, working with allies, in supporting the government of Iraq in protecting civilians and restoring its territorial integrity, including the use of UK air strikes…

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The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life – Part IV: After the Attack

Prior posts in this series examined the legal situation before and during the attack on Khashoggi; this one examines its aftermath. After Khashoggi’s death, the substantive negative and positive obligations were extinguished, but the positive procedural obligation to investigate his death was triggered for both Saudi…

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Is the UN Violating International Labour Standards?

The recent controversy regarding UNOPS consultants in Geneva has triggered a much larger and long-overdue debate on the use of ´non-staff personnel´ in the UN system and the asymmetries in their working conditions with respect to UN staff. On 2012, the United Nations’ Joint Inspection…

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