EJIL Analysis

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Happy New Year!

Happy New Year to all our readers! We haven’t written much on this blog over the holiday season but much has happened in the world over the last few weeks with some significance for international law. There has been the release of the US cables by Wikileaks, the governmental crisis in Ivory Coast and (can you believe it!) a third case added to the docket of the International Tribunal for the Law of the Sea (see previous post on ITLOS). We will try to catch up on some of these developments over the coming weeks. We start the year with a couple of posts by Jean d’Aspremont, Associate Professor of International Law at the Amsterdam Centre for International Law. His first post analyses developments in the current crisis in Ivory Coast regarding who is the government of the country. He considers the significance of these developments for the claims by States that they do not recognise governments and also for the criteria by which international law and international organizations determine who is the government of a State. His…

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More on Nada v. Switzerland

As our readers are aware, currently pending before the Grand Chamber of the European Court of Human Rights is the fascinating case of Nada v. Switzerland.  It concerns an Italian national resident in the Italian enclave of Campione in Switzerland, who was placed at Switzerland's request on a terrorist suspect list by the UNSCR 1267 Committee, and subjected to targeted…

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ICC Assembly of States Parties Discusses Possible Amendments to ICC Statute.

Last week the Assembly of States Parties (ASP) to the ICC held its Ninth Session in New York. One of the issues on the agenda of the 9th ASP was discussion of amendments to the ICC Statute. Some States had proposed amendments just prior to the Kampala Review Conference which did not make it on to the agenda at…

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The High Representative for Bosnia and Herzegovina: A Requiem for Legality

Dr Miroslav Baros is Senior Lecturer in Law at Sheffield Hallam University, UK.  Introduction  ‘The Order further confirms that any proceeding instituted before any Court... which challenges [my] decisions sanctioning individuals ...enacted by  me,  will be inadmissible, unless... I expressly give my prior consent. The Decision of the…

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Proposed Amendments to UK’s Universal Jurisdiction Laws

Some months ago we noted that the UK's coalition government was planning to introduce legislation that would restrict the application of universal jurisdiction in the UK. The government was not proposing to restrict the scope of jurisdiction of UK courts over universal jurisdiction offences but to restrict the right of private persons to secure arrest warrants in respect of…

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