EJIL Analysis

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Close Encounters of A Sovereign Kind

March 25, 2010

Dino Kritsiotis is Reader in Public International Law at the University of Nottingham in the United Kingdom. He specializes in international law on the use of force and armed conflict, democracy, the United Nations, as well as the history and theory of international law. I am delighted to accept this invitation of Dapo Akande and Nehal Bhuta of www.ejiltalk.org to open up for further discussion some of the issues raised by my article, “Close Encounters of A Sovereign Kind” (EJIL, Vol. 20, pp. 299–330 (2009)), and I am particularly looking forward to exchanges with my interlocutor Dr. Nikolas Stürchler, of the Directorate of International Law in the Swiss Federal Department of Foreign Affairs, whose important and fascinating contribution to this subject appears as The Threat of Force in International Law (2007), published by Cambridge University Press. That work very much repays fine study, and I particularly appreciated much of its methodological emphasis and preoccupations: this, as readers will know, is where a good deal of my own scholarship and sympathies lie. For this forum, then, it…

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Habib v Commonwealth of Australia: A Twist on Actions Against State Officials for Torture

March 4, 2010

 Ben Batros is Appeals Counsel at the International Criminal Court and a former Senior Legal Officer, International Crime Branch, Australian Attorney-General’s Department. Philippa Webb, is Visiting Assistant Professor at Leiden University and former Special Assistant to President of the International Court of Justice Last week (on 25 February), the Australian Federal Court handed down its…

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Al-Saadoon and Mufdhi Merits Judgment

March 2, 2010

The Al-Saadoon and Mufdhi v. United Kingdom (no. 61498/08) judgment by a Chamber of the European Court of Human Rights is now out (HUDOC). For our previous coverage, with links and background, see here and here. The shortest possible summary - the applicants won, and the Chamber judgment is a valuable contribution to human rights jurisprudence. Now…

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EU denies preferences to products from Israeli settlements

March 2, 2010

Dr Lorand Bartels is University Lecturer in Law, University of Cambridge. His publications include Human Rights Conditionality in the EU’s International Agreements (2005, OUP) and Regional Trade Agreements and the WTO (co edited with F. Ortino, 2006, OUP) The European Court of Justice decided an interesting case last week (Case C-386/08,…

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ECtHR Al-Saadoon Judgment Forthcoming on 2 March

February 27, 2010

A Chamber of the European Court will deliver its merits judgment in Al-Saadoon and Mufdhi v. United Kingdom (no. 61498/08), the case dealing with detention and non-refoulement in Iraq, on Tuesday 2 March (press release here). For our previous coverage, see here and here. For more in-depth analysis of the various issues in…

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