EJIL Analysis

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New UK Supreme Court Begins Work with Cases dealing with UN Sanctions Regime

October 12, 2009

As Marko reported in the summer, the House of Lords (or to be more precise, the Appellate Committee of the House of Lords) has been replaced as the final court of appeal for the different legal systems that form the UK by a Supreme Court. The new Supreme Court took over the functions of the Law Lords on 1 October 2009. The Appellate Committee of the House of Lords, consisting of fully qualified and professional judges appointed to the House of Lords (one of the two chambers of the British Parliament), had been the final court of appeal in the UK since 1876. Prior to that date, the House of Lords (the legislative body) had served as the final court of appeal and before 1399, both Houses of Parliament  (the Lords and the Commons) heard petitions for judgments of lower courts to be reversed. When compared with other countries, the position of the House of Lords (in its judicial capacity) was anomalous in that it failed to represent the principle of separation of powers. Though…

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Stepping Up the (Dualist?) Resistance: The English High Court Quashes Domestic Measures Implementing UN Sanctions

October 9, 2009

Antonios Tzanakopoulos, D.Phil. cand. (Oxford), LL.M. (NYU) (Athens), is Lecturer in Public International Law at the University of Glasgow. A relevant paper presented at the University of Vienna in September 2009 can be found here in draft form. I. Introduction: the…

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Testing the Limits of Diplomatic Protection: Khadr v The Prime Minister of Canada

October 7, 2009

Elizabeth Prochaska is a Barrister at Matrix Chambers, London. She has recently completed a period as Judicial Assistant to Baroness Hale and Lord Brown in the House of Lords. Omar Khadr, a Canadian citizen captured by US forces in Afghanistan at the age of 15 and imprisoned in Guantanamo Bay for 7 years,…

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The Honduran Crisis and the Turn to Constitutional Legitimism, Part II: The Pitfalls of Constitutional Legitimism

October 5, 2009

In my previous post on this topic, I argued that the international reaction to the Honduran coup potentially augurs a shift in foundational norms governing the relationship between international and domestic legal authority.  I also hinted that I regard such a shift as ill-advised, and noted that some of those in the forefront of the reaction appear…

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Are the US Attacks in Pakistan an Armed Attack on Pakistan? A Rejoinder

October 1, 2009

I agree entirely with the first point that Professor Paust makes in his previous post , about the impossibility of imputing the non-state actor attacks to Pakistan due to incapacity. Certainly imputation doesn't make sense on these facts as he outlines them. However, the second point he makes goes to the heart of my question. Professor Paust asks,…

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