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In the Dock, in Paris

My entire professional life has been in the law, but nothing had prepared me for this. I have been a tenured faculty member  at the finest institutions, most recently Harvard and NYU.  I have held visiting appointments from Florence to Singapore, from Melbourne to Jerusalem. I have acted as legal counsel to governments on four continents, handled cases before the highest jurisdictions and arbitrated the most complex disputes among economic ‘super powers.’ Last week, for the first  time I found myself  in the dock, as a criminal defendant. The French Republic v Weiler on a charge of Criminal Defamation. The setting could not have been grander.  As I entered the Tribunal de Grande Instance de Paris, the French Old Bailey, my lawyer whispered: ‘Emile Zola was tried here.’ Vive la difference: This was no Dreyfus Affair but the stakes for Academic Freedom and liberty of expression are huge. As Editor-in-Chief of the European Journal of International Law and its associated Book Reviewing website, I commissioned and then published a review of a…

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Editorial: In this issue [Vol. 21: No. 3]

The latest issue of the European Journal of International Law has recently been published. A Table of Contents is available here on EJIL’s website This issue begins with a symposium on treaty interpretation. The principal EJIL 20th Anniversary symposia were extra-systemic: looking at the way international law deals with the use of force…

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Editorial: Copyright, Law Journals and a Romantic View of EJIL

For at least 20 years I have been conducting guerrilla warfare against legal publishers on the matter of copyright. Whenever I get a copyright form I either ‘forget’ to send it back to the publisher (in more than half the cases no one seems to notice or care) or, if they do insist, I always cross out the…

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EJIL Editorial Vol. 21:2 “In this Issue”; “Book Reviewing and Academic Freedom”; “The Last Page

Four very different articles flesh out this second issue of our 21st volume. First is an article by Christopher Macleod on Crimes against Humanity. The Editors believe that our readers will enjoy this valuable philosophical account of the subject. Next is a detailed article by Marco Dani entitled, ‘Remedying…

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EJIL Editorial Vol. 21:2 – Individuals and Rights – The Sour Grapes

The first wave, in the 1950s and ‘60s, was all about Community Rights and that new legal order. In the 1970s and ‘80s it was, ex nihilo, Individual Human Rights. And in the 1990s and this last decade it has been Citizenship Rights, destined, according to the European Court of Justice in case after case, to become the…

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