EJIL Analysis

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The Taliban’s New “Code of Conduct”, Compliance with the Laws of War and POW status

August 31, 2009

After an absence of a couple of weeks and a summer silence on this blog, we are back.  I've got a bit of catching up to do. I want to spend the next couple of days discussing some legal issues arising from recent media reports about the war in Afghanistan. Later this week, I will write about US targetting of drug traffickers in Afghanistan with links to the Taliban. Today I wish to address reports (see here, here and here) indicating that Taliban's leaders have issued a handbook containing a code of conduct for its fighters. In particular, I am interested in how this issuance of such a "code of conduct" may affect the determination of prisoner of war status in international armed conflicts. According to FoxNews: The handbook - written in Pashto and obtained through U.S. military sources - is entitled "Afghanistan Islamic Emirate Rules and Regulations," and it is addressed to the "Mujahideen Pashto," or Taliban commanders. Written on May 9 in Kandahar, the birthplace of…

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The International Minimum Standard and Investment Law: The Proof is in the Pudding

August 3, 2009

A             Background Fair and equitable treatment provisions are found in almost all bilateral and multilateral investment treaties and many international investment agreements. Throughout the course of the last decade, this treatment standard has been frequently invoked in investor-State arbitrations. Under its aegis, tribunals have developed a number of vaguely defined sub-categories, or what have been referred…

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Ecuador Denounces ICSID: Much Ado About Nothing?

July 30, 2009

Much has been made of Ecuador's recent withdrawal from the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ('ICSID'). The notice has the effect of terminating the jurisdiction of the Centre effective 7 January 2010. The most reported justification for this move is the perception in many Latin American countries…

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Who Uses the European Court of Human Rights, and Who Wins? Evidence from New Studies

July 27, 2009

Gabriel Swain is Research Associate, School of Social Policy, Sociology and Social Research, University of Kent.  Previously, he worked as a researcher for the Council of State Governments, a US-based public policy think tank, where he wrote on topics including climate change, natural resource policy, energy policy and federalism. The…

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Has North Korea Terminated the Korean Armistice Agreement?

July 24, 2009

Seunghyun Sally Nam is 3rd Secretary for the Korean Peninsula Peace Regime Division at the Ministry of Foreign Affairs and Trade, Republic of Korea. She is writing in her personal capacity and her views do not necessarily represent those of the South Korean government. In his recent post, Dapo…

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