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Home Archive for category "EJIL: Live!"

New EJIL:Live! Interview with Niels Petersen on his Article “The International Court of Justice and the Judicial Politics of Identifying Customary International Law”

Published on September 7, 2017        Author: 

In this latest episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Niels Petersen of the University of Münster, whose article, “The International Court of Justice and the Judicial Politics of Identifying Customary International Law”, appears in Volume 28, Issue 2 of the journal.

In the article, Professor Petersen explores International Court of Justice decisions confirming the existence of customary international law.  The abstract of the article states that:

It is often observed in the literature on customary international law that the identification practice of the International Court of Justice (ICJ) for customary norms deviates from the traditional definition of customary law in Article 38 (1) lit. b of the ICJ Statute. However, while there are many normative and descriptive accounts on customary law and the Court’s practice, few studies try to explain the jurisprudence of the ICJ. This study aims at closing this gap. I argue that the ICJ’s argumentation pattern is due to the institutional constraints that the Court faces. In order for its decisions to be accepted, it has to signal impartiality through its reasoning. However, the analysis of state practice necessarily entails the selection of particular instances of practice, which could tarnish the image of an impartial court. In contrast, if the Court resorts to the consent of the parties or widely accepted international documents, it signals impartiality.

The EJIL:Live! discussion focuses on the principal empirical findings of the article, and Petersen’s novel conceptualization of those arguments in terms of “judicial politics”, explicable by the institutional constraints that the Court faces. This conversation offers a reflection on how this assessment of the jurisprudence could alter scholars’ normative conceptions of the Court’s decisions, particularly in regards to customary international law.

 

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New EJIL:Live! Interview with Liam Murphy on his Article “Law beyond the State: Some Philosophical Questions”

Published on April 29, 2017        Author: 

In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Liam Murphy of New York University, whose article, “Law beyond the State: Some Philosophical Questions”, appears as the central piece in an EJIL: Debate! in Volume 28, Issue 1.

A legal philosopher, Professor Murphy takes up the challenge of exploring the realm of international law, an area largely ignored by Anglo-American legal philosophers since H.L.A Hart. Professor Murphy seeks to offer new perspectives on the famous chapter 10 of Hart’s The Concept of Law, and to critique the understanding of the international legal system set out therein. This then serves as the framework for his discussion of two core issues: the relevant grounds of law in international law – what factors are relevant in determining the content of law in force – and what makes international law a legal order. Professor Murphy also reflects on the Replies to his article, published in the same issue of the Journal, and how these prompted him to give further thought to the issues addressed in his article.

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New EJIL:Live! Interview with Philippe Sands on his New Book, East West Street: On the Origins of Genocide and Crimes Against Humanity

Published on January 23, 2017        Author: 

In this episode of EJIL:Live! Professor Philippe Sands, whose article on “Reflections on International Judicialization” appears in EJIL vol. 27, no. 4, speaks with the Editor-in-Chief of the Journal, Professor Joseph Weiler. Unlike other editions of EJIL: Live!, this episode offers a fascinating and moving discussion of Sands’ remarkable new book, East West Street: On the Origins of Genocide and Crimes Against Humanity.

The conversation takes viewers along the many paths of research and discovery that Sands took in writing the book, beginning from a chance invitation to deliver a lecture in Lviv in 2010. In the conversation, as in the book, Sands explores the geographical “coincidence” of his own grandfather as well as Hersch Lauterpacht, founder of the concept of crimes against humanity, and Raphael Lemkin, who invented the concept of genocide, having their origins in the small town of Lviv. He notes that the big lesson he learnt from writing the book is that in order to understand the concepts we deal with in international law, we have to understand personal histories.

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New EJIL: Live! Interview with Simon Chesterman on Asia’s Ambivalence about International Law and Institutions: Past, Present and Futures

Published on January 19, 2017        Author: 

A new episode of EJIL: Live!, the Journal’s official podcast, is now available. In this episode the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Simon Chesterman, Dean and Professor at the National University of Singapore, about his article, “Asia’s Ambivalence about International Law and Institutions: Past, Present and Futures”, which appears in EJIL, Volume 27, Issue 4.

The conversation takes up the issues advanced by Chesterman in his article on Asia’s ambivalence to international law and institutions, and explores them further. Taking as its starting point the paradox of Asia benefiting most from international law and global governance institutions whilst remaining the least likely to participate in such institutions, the conversation looks at the historical and other reasons for this ambivalence and moves on to discuss possible futures for the involvement of Asian states in international law institutions.

The interview was recorded at the National University of Singapore.

 

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New EJIL:Live! Interview with Deborah Whitehall on A Rival History of Self-Determination

Published on November 11, 2016        Author: 

In the latest episode of EJIL: Live!, the Associate Editor of the European Journal of International Law, Dr. Guy Fiti Sinclair, speaks with Dr. Deborah Whitehall, Lecturer at Monash University Faculty of Law, about her article titled “A Rival History of Self-Determination”, which appears in EJIL, Volume 27, Issue 3. The article examines Rosa Luxemburg’s views on self-determination. Dr. Whitehall talks about how Luxemburg’s background and biography influenced her views, how those views differed from the orthodox liberal (Wilsonian) and Leninist positions, and what studying Luxemburg can illuminate for international lawyers today.

We welcome comments and reactions to EJIL: Live!

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New EJIL:Live! Interview with Karen Alter on Backlash against International Courts in West, East and Southern Africa: Causes and Consequences

Published on August 3, 2016        Author: 

In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Karen Alter, Professor of Political Science and Law at Northwestern University, about the article she co-authored with James T. Gathii and Laurence R. Helfer, “Backlash against International Courts in West, East and Southern Africa: Causes and Consequences”, which appears in EJIL, Volume 27, Issue 2. The video begins with a short discussion of Professor Alter’s experience as a political scientist entering the world of law, especially the initial reception to her work and the difficulties translating between the respective languages of these two fields. After an outline of the article, the conversation turns to the scientific dimension of the research. Professor Alter discusses how she and her co-authors set out to understand the dynamics of the politics of backlash, and why the sanction against the Court ultimately succeeded in the case of the SADC. The interview concludes with a discussion of the uncertain boundaries of the politics of backlash and plans for further research into other regional organisations as well as the International Criminal Court. The interview was recorded at the European University Institute.

We will be running a discussion on the article on the EJIL: Talk! blog this week.

We welcome comments and reactions to EJIL: Live!, as well as to our article discussion.

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New EJIL:Live! Joseph Weiler and Robert Howse Discuss The World Trade Organization 20 Years On: Global Governance by Judiciary

Published on May 5, 2016        Author: 

In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Robert Howse of the New York University School of Law, about his EJIL Foreword article, “The World Trade Organization 20 Years On: Global Governance by Judiciary”, which appears in EJIL, Volume 27, Issue 1. The EJIL Foreword, published each year in the first issue of the Journal, is designed to enable a distinguished scholar to undertake a more extensive analysis, conceptualization, or systemic theorization than is usually possible in an EJIL article. Robert Howse’s contribution surveys the first two decades of judicial decision-making and judicialization under the auspices of the World Trade Organization. This conversation goes behind the scenes of the writing of the Foreword, in a manner of speaking, giving readers additional insights into the author’s theorization and approach to understanding the Appellate Body’s first 20 years. As the author remarks, “What I’m trying in part to discern is a set of underlying policies that the Tribunal has developed to manage some of the key legitimacy challenges and dilemmas facing it.” The interview was recorded at the New York University School of Law.

The EJIL: Talk! blog welcomes comments and reactions to EJIL: Live!

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Filed under: EJIL Analysis, EJIL: Live!
 

New EJIL:Live! Joseph Weiler and Yishai Beer Discuss the Implications and Risks Involved in Revitalizing the Concept of Military Necessity

Published on March 23, 2016        Author: 

The latest EJIL: Live! episode features the Editor-in-Chief of the EJIL, Professor Joseph Weiler, speaking with Professor Yishai Beer, from the Radzyner School of Law in Israel, about his provocative and controversial article, “Humanity Considerations Cannot Reduce War’s Hazards Alone: Revitalizing the Concept of Military Necessity”, which appears in EJIL, Volume 26, Issue 4. Professor Beer argues that there is an artificial tension between military necessity and humanity in the law of armed conflict. Military professionalism, he maintains, can act as a constraint on the brutal use of force and can better help to achieve the objectives of humanitarian law. The conversation explores the implications and risks involved in Professor Beer’s proposal to revitalize the concept of military necessity.

The EJIL: Talk! blog welcomes comments and reactions to EJIL: Live!

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New EJIL:Live Extra! Joseph Weiler and Lorna McGregor Discuss the Adequacy of ADR to Deal with Human Rights Issues

Published on December 29, 2015        Author: 

The latest in our EJIL:Live! podcast series features an extended conversation between Professor Joseph Weiler, Editor-in-Chief of EJIL, and Professor Lorna McGregor of the University of Essex, whose ground-breaking article, “Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR”, appears in EJIL, Volume 26, Issue 3. The conversation delves deeply into the issues raised by her article, providing an extremely useful complement to the article itself.

 

 

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EJIL: Live! Joseph Weiler and Anne Orford Discuss Intervention in Civil War

Published on October 25, 2015        Author: 

In the latest episode of EJIL:Talk!, Professor Joseph Weiler, Editor-in-Chief of the European Journal of International Law, and Professor Anne Orford of the University of Melbourne discuss the project she is undertaking on ‘Civil War, Intervention, and International Law’, for which she was recently awarded an Australian Research Council fellowship. In probing the question of whether or when it is lawful for foreign actors to intervene in a civil war, the discussion touches on the importance, and lack, of universal principles to address the problem and the related issue of the involvement of regional organizations in civil war situations.

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