EJIL Analysis

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Disobeying the Security Council or a disobedient Security Council? The effects of jus cogens on Security Council resolutions in recent debates of the ILC and in the views of states

At the most recent plenary session of the International Law Commission, which concluded on 5 August 2022, one issue proved particularly controversial. Indeed, it proved so controversial that Prof. Tladi, Special Rapporteur on peremptory norms of general international law (jus cogens), claimed that he was willing to fall on his sword over the issue, whereas Chinese ILC-member Prof. Huang insinuated that the Special Rapporteur’s position would destroy the current collective security system and risk a third world war (statements at the 3597th meeting, 25.07.2022, Prof. Tladi starting at 02:53, Prof. Huang at 03:00). What issue could incite such aggravated language in a forum as august as the ILC? The question at issue was whether Security Council resolutions are binding under international law if they conflict with peremptory norms. The ILC is at the brink of concluding its work on jus cogens. Its Drafting Committee adopted draft conclusions on second reading in May 2022, which were discussed at the recently-concluded plenary session. The question pertaining to Security Council resolutions arises from conclusion 16: “a resolution, decision or other…

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What Does the Monkeypox Outbreak Tell Us about Global Health Governance? Critical Remarks on the New WHO Declaration of Public Health Emergency of International Concern

On 23 July 2022, the Director-General of the World Health Organisation (“WHO”) declared that the outbreak of monkeypox constitutes a public health emergency of international concern (“PHEIC”). Under Art. 1 of the 2005 International Health Regulations (“IHRs”), a PHEIC means “an extraordinary event which is determined […] (i) to…

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‘Biased’, ‘Selective’, ‘Antisemitic’: Accusations against the UN Commission of Inquiry on Israel and the Occupied Palestinian Territories

Last week UN independent expert Miloon Kothari publicly questioned why Israel is a UN member and accused Jews of controlling social media, which is a long-recognised antisemitic trope. These are two separate but interlinked issues: firstly anti-Israel bias, and secondly antisemitism. In an interview with Mondoweiss Kothari stated: “I would…

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Two Weeks in Review, 18 July – 31 July

Maria Laura Marceddu and Pietro Ortolani discuss Thomas D. Grant and F. Scott Kieff response to their study. The study concerns the public perception of investment arbitration and presents the results of four experiments conducted…

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Membership of INTERPOL

The International Criminal Police Organization-INTERPOL (“INTERPOL”) General Assembly is scheduled to meet in India in October 2022 for its 90th ordinary session. On the eve of the opening of the session, the INTERPOL Executive Committee must finalise the agenda for the session. One item that should be on the agenda is membership of INTERPOL. Last year,…

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