EJIL Article Discussion

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International Organizations as Creators of International Law: A Good Thing? A Reply to Jan Klabbers

It has long been accepted that international organizations have rights and duties under international law. They can enter into treaties, incur international responsibility, and pursue claims against member and non-member states for violations of international law. Whether and when international organizations also play a direct role in the creation of customary international law is a question that, until recently, garnered very little attention. In the current issue of EJIL, I argue that international organizations can and do so play such a role in two sets of circumstances. The first is customary international law that regulates interactions between states and international organizations as well as among international organizations—that is, topics like immunity, treaties to which international organizations are parties, and the responsibility of international organizations under international law. The second is when international organizations engage in the same kinds of activities that states engage in and run the risk of incurring international responsibility, just like states do. Thus, for example, through its activities related to peacekeeping, the United Nations can contribute to international humanitarian law.

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The relationship between domestic and international courts: the need to incorporate judicial politics into the analysis

In the latest issue of EJIL, Raffaela Kunz carefully examines the complex relationship between domestic and international courts in human rights adjudication. Amidst the well-known backlash from governments, she draws attention to the growing resistance of domestic high courts to decisions by their international counterparts as well as the main features of this resistance. Kunz traces how…

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Response: Strengthening Justice for Victims Through Complementarity

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  Many thanks to the editors and the contributors for making this online symposium possible. Our primary goal with Pressure Point was…

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The Ethos of “Positive Complementarity”

Editor's Note:This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  I am grateful to Dapo Akande and Mark Kersten for their invitation to contribute to this “symposium” on HRW’s valuable report on the impact…

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A Complementarity Toolkit?

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  In the long-term, bolstering national proceedings is crucial in the fight against impunity for the most serious crimes, and is fundamental to hopes…

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