EJIL: Debate!

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

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,…

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Black Lives Matter and International Law

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,…

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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

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…

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

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…

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

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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