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Leonard Cohen on Brexit

Published on March 31, 2017        Author: 
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I’ve seen you change the water into wine
I’ve seen you change it back to water, too
I sit at your table every night
I try but I just don’t get high with you
I wish there was a treaty we could sign
I do not care who takes this bloody hill
I’m angry and I’m tired all the time
I wish there was a treaty, I wish there was a treaty
Between your love and mine

Ah, they’re dancing in the street—it’s Jubilee
We sold ourselves for love but now we’re free
I’m so sorry for that ghost I made you be
Only one of us was real and that was me

Read the rest of this entry…

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New Issue of EJIL (Vol. 28 (2017) No. 1) Published

Published on March 31, 2017        Author: 
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The latest issue of the European Journal of International Law (Vol. 28 (2017) No. 1) is out today. As usual, the table of contents of the new issue is available at EJIL’s own website, where readers can access those articles that are freely available without subscription. The free access article in this issue is Simon Chesterman’s Asia’s Ambivalence about International Law and Institutions: Past, Present and Futures. EJIL subscribers have full access to the latest issue of the journal at EJIL’s Oxford University Press site. Apart from articles published in the last 12 months, EJIL articles are freely available on the EJIL website.

 
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In Memoriam: Vera Gowlland-Debbas

Published on March 30, 2017        Author: 
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22 September 1943 – 29 September 2015

Vera Gowlland-Debbas was a dedicated and active member of EJIL’s Scientific Advisory Board from 2007 to 2012. Her loss has been deeply felt. In this Editorial, Marcelo Kohen, Professor of International Law at the Graduate Institute in Geneva and her long-time colleague, pays homage to Vera’s lasting contribution to the field of international law.

On 29 September 2015, Vera Gowlland ultimately lost her battle with a cruel disease that she had fought with courage and dignity. This is a great loss not only for the Graduate Institute of International and Development Studies, where she completed her licence and her doctorate, served in the publications department and taught from 1994 until her retirement in 2009, when she became an honorary professor. It is also a great loss for international law and for the values she defended.

Despite her illness, Vera continued to work in a variety of ways in our discipline, giving counsel on issues related to the International Criminal Court and continuing her contribution to academia. Her last physical presence at an academic event was as the Chair of a panel at a symposium on ‘International Law and Time’, held in Geneva on 12-13 June 2015, at which, without knowing it, she was to say farewell to her colleagues and students. While her voice was wavering, her spirited enthusiasm remained clear to see, and her joy at sharing this academic event at the institution where she had so often taught and organized academic activities herself was apparent.

Vera’s intellectual contribution is a distinguished legacy. She always had a tremendous appetite for problem-solving. Her doctoral thesis, written during the Cold War period and entitled: ‘Collective Responses to Illegal Acts in International Law’, focused on the reaction of the international community to the alleged creation of the racist state of Southern Rhodesia at a time when the active use of Chapter VII of the United Nations Charter had not been seriously considered. This appetite was also reflected in her monumental work on the national implementation of sanctions adopted by the Security Council, which provides important guidance and remains the most comprehensive and significant work in this field. Her course at the Hague Academy of International Law on the Security Council and questions of international responsibility complements her long record of publications and confirms her reputation as an uncontested specialist of the United Nations. Read the rest of this entry…

 

Vital Statistics

Published on March 29, 2017        Author: 
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Each year we publish statistics on the state of our submissions: who submitted, who was accepted, and who was published in EJIL during the previous 12 months. We do this in order to observe and understand any changes that may be taking place in submission and publication patterns in our Journal. We do this, too, because we publish the very best manuscripts submitted to EJIL, selected through our double-blind review process. We offer no affirmative action in selection. Rather we look for excellence, articles that will be read, recalled, referred to and cited in years to come.

Of course, the EJIL Editors do commission some articles. We would risk becoming merely a refereeing service if we relied only on unsolicited manuscripts. Again, statistics are important in order to check that we are getting the balance right. For the past three years the percentage of unsolicited manuscripts has remained stable at around 65 per cent or two-thirds of the total, which we consider to be a sound balance.

The percentage of manuscripts submitted by women authors this past year dropped slightly to 32 per cent, although 33 per cent of accepted submissions were by women and the figure for published articles was 35 per cent. These figures do not differ markedly from previous years. Nevertheless, it is encouraging to see that the percentages of accepted and published articles submitted by women reflect or even surpass the percentage of overall submissions by women. Read the rest of this entry…

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EJIL: In this Issue (Vol. 28 (2017) No. 1)

Published on March 29, 2017        Author: 
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This issue opens with the third entry under our annual rubric, The EJIL Foreword. In keeping with the rubric’s mission statement, Laurence Boisson de Chazournes takes a broad and sweeping view of the proliferation and consequent pluralism of international courts and tribunals. In doing so, she argues that an ‘overarching managerial approach’ may be observed in various practices of both judicial and state actors, and notes still other methods that could strengthen this approach.

The next three articles in this issue address the processes of international law-making from a variety of perspectives. In the first regular article, Florian Grisel assesses the top-down processes informing transnational governance. Grisel utilizes the example of the drafting of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the involvement of the International Chamber of Commerce experts to illustrate how transnational expert networks can contribute effectively to the process of treaty-making. Taking on the involvement of non-state actors from another perspective, Nahuel Maisley argues that Article 25(a) of the International Covenant on Civil and Political Rights should be interpreted as giving civil society groups a right to participate in international law-making. In their article, Armin von Bogdandy, Matthias Goldmann and Ingo Venzke then address the implications of the proliferation of international institutions, advancing a theory of ‘public international law’ which regards such institutions as exercising ‘international public authority’ and seeks to take account of world public opinion in enhancing their legitimacy and effectiveness.

In a shift of topic, Natalie Davidson revisits the seminal Alien Tort Statute cases of Filártiga and Marcos. In exploring the historical narratives produced in these two cases, Davidson’s article seeks to challenge some of the sanguine assumptions of international human rights lawyers and lay bare the ‘deep foundations of violence’ in the international system and US foreign policy. Relatedly, Alejandro Chehtman examines the moral and legal permissibility of the use of remotely piloted aircraft systems, challenging the intuitive view that the use of drones will contribute to making the use of force proportionate in a wider set of circumstances. Read the rest of this entry…

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New Issue of EJIL (Vol. 28 (2017) No. 1) – Out Next Week

Published on March 28, 2017        Author: 
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The latest issue of the European Journal of International Law will be published at the end of this week. Over the coming days, we will have a series of editorial posts by Joseph Weiler – Editor in Chief of EJIL and by Marcelo Kohen, Professor of International Law at the Graduate Institute of International and Development Studies, Geneva. These posts will appear in the Editorial of the upcoming issue. Here is the Table of Contents for this new issue:

Editorial

The Case for a Kinder, Gentler Brexit; 10 Good Reads; Vital Statistics; In Memoriam: Vera Gowlland-Debbas; In this Issue

The EJIL Foreword

Laurence Boisson de Chazournes, Plurality in the Fabric of International Courts and Tribunals: The Threads of a Managerial Approach

Articles

Florian Grisel, Treaty-Making between Public Authority and Private Interests: The Genealogy of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Nahuel Maisley, The International Right of Rights? Article 25(a) of the ICCPR as a Human Right to Take Part in International Law-Making

Armin von Bogdandy, Matthias Goldmann, and Ingo Venzke, From Public International to International Public Law: Translating World Public Opinion into International Public Authority

Natalie Davidson, Shifting the Lenses on Alien Tort Statute Litigation: Narrating US Hegemony in Filártiga and Marcos

Alejandro Chehtman, The ad bellum Challenge of Drones: Recalibrating Permissible Use of Force Read the rest of this entry…

 
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North Korea and the Law on Anticipatory Self-Defense

Published on March 28, 2017        Author: 
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Media reports over the last few weeks indicate that the already tense relationship between North Korea and the United States is getting worse. Now that North Korea is nearly ready to test an intercontinental ballistic missile, the United States has said that it will get more confrontational. U.S. Secretary of State Rex Tillerson even suggested that U.S. military action against North Korea is “on the table.” Such talk is sometimes part of a broader strategy to pressure other countries to negotiate, whether at the Security Council or elsewhere. But it can also be a precursor to war. And it comes at an acute time for the law on anticipatory self-defense.

As readers of this blog no doubt know, Article 51 of the UN Charter recognizes that states have an “inherent” right to use force in self-defense “if an armed attack occurs.” There is an ongoing debate about whether and, if so, when Article 51 permits states to use force to avert an attack that has not yet occurred. Claims for interpreting Article 51 expansively—to permit defensive force even if the attack is only speculative—have been made with respect to “rogue” states that are developing nuclear weapons. In this post, I situate the North Korea case within that debate and explain why the United States might find it to be a particularly challenging case in which to press its expansive claim.

I. The Law on Anticipatory Self-Defense

A. A Restrictive Position

 The majority view on anticipatory self-defense is probably a restrictive one: that anticipatory self-defense can be lawful only if an attack is truly “imminent”—as in, about to occur. Under this view, states may not use force unilaterally to nip in the bud latent threats or attacks that are still conjectural. They must instead address those situations using non-forcible means or by obtaining the UN Security Council’s authorization. Read the rest of this entry…

 

The Evacuation of Eastern Aleppo: Humanitarian Obligation or War Crime?: A Reply

Published on March 27, 2017        Author: 
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This post is written as a reply to the interesting contribution made by Elvina Pothelet on the topic of forced displacement in Syria. In her article, Elvina examined the legal foundation for the claim that the evacuation of Eastern Aleppo amounts to the war crime of forced displacement. I would like to build on this work, but distinguish my arguments in two respects. First, by also approaching the case from the perspective of a charge of crimes against humanity, under Article 7(1)(d) and second, by arguing that contrary to Elvina’s interpretation, the ‘ordering’ requirement found in Article 8 (2)(e)(viii) should in fact be interpreted more liberally, in light of three counter arguments.

Forced Displacement as a Crime Against Humanity – Article 7(1)(d)

As with any assessment of this nature, it is undertaken on the basis of information freely available. With those responsible for displacing, in my view being the Syrian regime officials for their actions in Eastern Aleppo, not those who brokered or signed the evacuation agreement. With this in mind, I shall outline how the elements of Article 7(1)(d) are satisfied.

Contextual Elements

With respect to the contextual elements, the campaign launched by Syrian forces to retake Eastern Aleppo was an organised state policy. A legitimate question however, can be raised as to whether the civilian population was the primary object of the attack, (Kunarac Appeals Judgment para 91) or merely an “incidental victim of the attack’’, (Bemba Confirmation of Charges para 76). Given the means and methods used in Aleppo, (Kunarac Appeals Chamber Judgment para 91)  which are alleged to include “killing people, including women and children, on the spot in their homes and on the street,” there is at least a reasonable basis to believe that the civilian population were the object of the attack. Read the rest of this entry…

 

Announcements: Duke University Law School Vacancy; Inter-American Human Rights Moot Court Competition; UN Audiovisual Library of International Law; Cognitive Sociology, Culture, and International Law

Published on March 26, 2017        Author: 
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1. Duke University Law School Vacancy. Duke University Law School seeks to fill a Clinical Fellow/Supervising Attorney position in its International Human Rights Clinic beginning in the Summer of 2017.  The advertisement with additional details is here.

2. Registration open for the 22nd Inter-American Human Rights Moot Court Competition. We are pleased to invite you to participate in this year’s edition of the Inter-American Human Rights Moot Court Competition. Organized by American University Washington College of Law’s Academy on Human Rights and Humanitarian Law, this trilingual Competition (English, Spanish and Portuguese) serves as an important forum for the analysis of international law and human rights. The event will take place from May 21-16, 2017, at AUWCL’s campus in Washington, DC. Attorneys licensed in their own country can apply to participate as a Judge, evaluating written memorials, which can be done remotely, or participating in the oral rounds in DC. This is a great opportunity to interact and network with over 100 scholars, NGO experts, international organizations personnel and government officers from the all over the world, who volunteer to serve as judges in the Competition. As an additional bonus, all Judges are eligible for a partial scholarship to the Academy’s Program of Advanced Studies on Human Rights and Humanitarian Law. Judges are not subject to any registration fees and can apply until May 1, 2017. Registration can be completed online at our website. For questions, feel free to contact us at iamoot {at} wcl.american(.)edu.

3. Additions to the UN Audiovisual Library of International Law. The Codification Division of the UN Office of Legal Affairs has added new lectures to the UN Audiovisual Library of International Law website, which provides high quality international law training and research materials to users around the world free of charge. The latest lectures were given by Ambassador Tommy Koh on “Straits Used for International Navigation” and Professor Simon Chesterman on “Asia’s Ambivalence About International Law and Institutions: Past, Present, and Futures”.

4. Cognitive Sociology, Culture, and International Law. iCourts (Faculty of Law, University of Copenhagen) is pleased to announce the Third Workshop on the Sociology of International Law to take place on 28-29 April 2017. For more information please visit the iCourts webpage. For any inquiries, please contact Sungjoon Cho at- scho1 {at} kentlaw.iit(.)edu.

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The International Legal Framework Regulating Armed Drones

Published on March 25, 2017        Author: 
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Last week I had the pleasure and honour of delivering the International and Comparative Law Quarterly’s Annual Lecture for 2017 together with Lawrence Hill-Cawthorne. Our lecture was based on an article – “International Legal Framework Regulating Armed Drones” – that we co-authored with Professor Christof Heyns and Dr Thompson Chengeta which was published in Volume 65 (2016) of the ICLQ. The article arose out of a project to support Christof’s work in his capacity as United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. We began the collaboration in the summer of 2013 in the lead up to Christof preparing a report for the 68th session of UN General Assembly on “Armed Drones and the Right to Life”. The project commenced with an expert workshop organized by the Oxford Institute for Ethics, Law and Armed Conflict and the Oxford Martin Programme on Human Rights for Future Generations and has concluded with this article which is an expanded version of the UN GA report.

As the abstract of the article sets out:

This article provides a holistic examination of the international legal frameworks which regulate targeted killings by drones. The article argues that for a particular drone strike to be lawful, it must satisfy the legal requirements under all applicable international legal regimes, namely: the law regulating the use of force (ius ad bellum); international humanitarian law and international human rights law. It is argued that the legality of a drone strike under the ius ad bellum does not preclude the wrongfulness of that strike under international humanitarian law or international human rights law, Read the rest of this entry…