EJIL: Debate!

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Of Straw Men, the United Nations and Illegal Occupation: A Rejoinder to David Hughes

February 18, 2021

Ardi Imseis

Introduction In volume 31:3 of EJIL, David Hughes provides an interesting reply to my article in the same volume, in which I critically examine the commitment of the United Nations (UN) to the international rule of law by examining its management of the occupied Palestinian territory (OPT) since 1967. I argue that by merely documenting the host of Israeli violations of international humanitarian law (IHL) and international human rights law (IHRL) over Israel’s 53-year ‘temporary’ occupation of the OPT without definitively addressing the legality of the regime giving rise to those violations themselves, the UN has failed to discharge its functions in accordance with international law. I posit that based on the UN record itself the occupation is illegal for its systematic violation of three jus cogens norms – the prohibition on the acquisition of territory through the threat or use of force, the obligation to respect self-determination of peoples, and the obligation to refrain from imposing alien regimes inimical to humankind, including of racial discrimination. It is therefore curious,…

Black Lives Matter and International Law

June 19, 2020

Gail Lythgoe

Mary Guest

We are today launching a symposium which will run over the next few weeks, with the aim of bringing together legal experts on various intersecting issues relating to the Black Lives Matter movement, police violence in America, and the historic racism and inequality that is demonstrated by the deaths of George Floyd, Breonna Taylor, Eric Garner, Michael Brown,…

How We Stop Talking Past Each Other: A Rejoinder to Hoekman and Nelson’s Reply to My Article on Narratives about Winners and Losers from Globalization

April 24, 2020

Nicolas Lamp

When Donald Trump was elected to the US presidency, the instinctive reaction of many public officials, trade economists and international economic lawyers was to fight back. And fight back they did – in reports, op-eds, blog posts, and interviews. It did not appear as though it would be particularly hard to win the argument: Trump’s economic illiteracy was…

New EJIL: Live! Interview with Dr Michelle Burgis-Kasthala

April 18, 2020

Mary Guest

In this episode of EJIL: Live! Professor Joseph Weiler speaks with Dr Michelle Burgis-Kasthala, Lecturer in Public International Law at the University of Edinburgh Law School, about her article “Entrepreneurial Justice: Syria, the Commission for International Justice and Accountability and the Renewal of International Criminal Justice”, which appears in our 30:4 issue. In the article, Dr Burgis-Kasthala evaluates…

The Risk and Opportunity of the Humanisation of International Anti-Corruption Law: A Rejoinder to Kevin E. Davis and Franco Peirone

February 18, 2019

Anne Peters

Editor's note: In the EJIL: Debate! section of the latest issue of EJIL (Vol. 29 (2018) No. 4), Anne Peters presents her provocative and disrupting idea of corruption as a violation of international human rights. Kevin Davis and Franco Peirone respond to this challenging thesis and Anne Peters rejoins in this post. …

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The Obama Administration’s Interpretation of the Authority to Detain at Guantanamo: Some Areas of Progress

March 18, 2009

Dapo Akande

In his post below, Marko takes the view that the Obama administration position on the authority to detain in Guantanamo in internally contradictory and based on a misinterpretation of international humanitarian law. While I agree with Marko that some of the analysis offered by the Obama administration in its recent brief is confused and confusing, I…

Weighing the Cost of War: a response to Kretzmer’s “The inherent right to self-defence and proportionality in jus ad bellum”

April 24, 2013

Mary Ellen O'Connell

Mary Ellen O’Connell, Robert and Marion Short Professor of Law and Research Professor of International Dispute Resolution–Kroc Institute, University of Notre Dame One of the most important points that David Kretzmer makes in his detailed analysis of the principle of proportionality in the jus ad bellum is the following: The question of “[p]roportionality arises … only when the…

Book Discussion: Introducing Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

March 14, 2016

Evelyne Schmid

I begin with warm thanks to the editors of the blog and to the three discussants who have agreed to comment on my book. ‘Taking Economic, Social and Cultural Rights Seriously in International Criminal Law’ shows that the same factual situation can sometimes be described simultaneously as a violation of an economic, social or cultural…

Investment Treaty Arbitration and the (New) Law of State Responsibility

October 21, 2013

Martins Paparinskis

I am grateful to EJIL:Talk! for hosting the discussion of my article and chapter. I am privileged to have Anastasios Gourgourinis, Jessica Howley, and Robert Howse as discussants. In the following paragraphs I summarise the main arguments made in the article and the chapter. The starting point of the argument is…