Featured

Feature post image

The Duties of a Government International Legal Adviser

Although we may not like to be reminded of it, international lawyers start out as domestic lawyers. When being admitted to practice in a particular jurisdiction, we are taught that lawyers owe duties not only to clients, but also to domestic courts and the interests of justice (‘institutional duties’). These institutional duties are hierarchically superior: faced with a conflict between a client’s interests and the proper administration of justice, we must prefer the latter. Yet when we become international lawyers and advise not only entities within a State, but the State itself, we are not told how these institutional duties apply – if they even apply at all. In fact, when acting for a sovereign in the context of its rights and obligations vis-à-vis another sovereign/s, the suggestion that we owe greater loyalty to some other entity or institution might well be viewed with suspicion. Equally, if we owe exclusive duties to the client, and merely serve as their agents, then this erodes the idea of an international legal profession. This post…

Read more

Recent Comments

Read the full article Read the full article Read the full article Read the full article

Are You Ready for a Pandemic? The International Health Regulations Put to the Test of Their ‘Core Capacity Requirements’

Legal analyses of the Covid-19 pandemic have mainly addressed measures adopted in response to this event. However, institutional agendas related to disasters, such as the Sendai Framework for Disaster Risk Reduction 2015-2030, reaffirm that similar attention should be paid to prevention and preparedness measures that can positively impact potentially affected communities, also in economic terms…

Read more

Announcement: CfS The Military Law and the Law of War Review

Call for Submissions: The Military Law and the Law of War Review. The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre (MLLWR) is a long-established journal with a specialisation in matters of interest for both legal scholars and civilian and military legal…

Read more

Cyber Attacks and Cyber (Mis)information Operations during a Pandemic

Hot on the heels on the Oxford Statement on international law rules and principles relating to malicious cyber operations targeting healthcare facilities, just a quick teaser that the next episode of EJIL: The Podcast! will be dealing precisely…

Read more

Can Investment Arbitration Fix Itself?

This week, States have descended on UNCITRAL in Vienna to discuss potential reform of the investor-state dispute settlement (ISDS) system. Many are in a critical mood. During the April session in New York, delegates raised concerns over excessive costs, lack of arbitral diversity, conflicts of interests, inconsistent…

Read more

The Duties of Occupying Powers in Relation to the Fight against Covid-19

Significant scholarship is investigating the array of international legal issues pertaining to the fight against Covid-19. This brief post aims at contributing to this debate by assessing the obligations upon occupying powers in this regard. Many sources have been reported that Covid-19 has reached occupied areas such as…

Read more

Bending the Knee or Extending the Hand to Industrial Nations? A Comment on the New Draft Treaty on Business and Human Rights

On 16th of July, 2019, the Open-Ended Intergovernmental Working Group (OEIWG) on transnational corporations and other business enterprises with respect to human rights published a revised draft(RD) for a treaty on business and human rights. It is the second substantial draft of such treaty after the…

Read more

Kadi and Al Barakaat: Luxembourg is not Texas - or Washington DC

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. He was a member of the legal team for the applicant Yassin Kadi. The European Court of Justice's approach in the Kadi decision…

Read more

ICC Prosecutor Seeks to Open Investigation into Situation in Cote d'Ivoire

The ICC Prosecutor has announced that he intends to request permission from a Pre-Trial Chamber to open investigations into the situation in Cote d’Ivoire since 28 Nov. 2010. Assuming permission is granted, this will be second situation (after Kenya) in which the Prosecutor will have begun investigation into…

Read more

The Constitution of EU Counter-Terrorism Law

Cian C. Murphy is a lecturer in law at King’s College London the author of EU Counter-Terrorism Law: Pre-emption & the Rule of Law. Over the past decade counter-terrorism law has come to be understood as a distinct field of study for legal…

Read more

Explore

The Editors of EJIL:Talk! Are:

Dapo Akande

Marko Milanovic

Diane Desierto

Associate Editors:

Kate Mitchell

Mary Guest

Gail Lythgoe

Contributing Editors:

Freya Baetens

Michael Fakhri

Douglas Guilfoyle

Monica Hakimi

Lorna McGregor

Anthea Roberts