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On the ILC, professional background, gender and positivism: A Rejoinder to Jan Klabbers

In “Codification by Interpretation”: The International Law Commission as an Interpreter of International Law, I argue that the United Nations (‘UN’) International Law Commission (‘ILC’) interprets international law; interpretation falls squarely within the ILC’s mandate; the ILC’s interpretative pronouncements can trigger an interpretative dialogue with States whose reactions can lead to ‘authoritative interpretations’; and ‘codification by interpretation’, especially in relation to the law of treaties, may be explained by the ILC’s vision to reinforce international law by instilling the rules on ‘law-making’ with clarity and certainty over time, thus convincing States to continue to use international law as a means for regulating international affairs. This last point is a significant endeavour at a time when some States seem increasingly keen to depart from multilateralism. Jan Klabbers, in the same issue of EJIL, has commented on my article. I dispel his misunderstanding of my argument in a Letter to the Editors in a forthcoming issue of EJIL. However, Klabbers also asks (I paraphrase bluntly): why should we listen to the ILC? And urges…

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New EJIL: Live! Interview with Professor Jan Klabbers and Dr. Guy Fiti Sinclair

In this episode of EJIL: Live! Professor Joseph Weiler, Editor in Chief of EJIL, speaks with Jan Klabbers, Professor of International Law at the University of Helsinki, Finland, and Guy Fiti Sinclair, Senior Lecturer at Victoria University of Wellington Law School, New Zealand. Unlike other EJIL: Live! episodes that concentrate on a particular article, this interview focuses on…

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Justifying privilege in international investment law – a rejoinder to Jurgen Kurtz

In a recent issue of EJIL (EJIL (2020), Vol. 31 No. 1), I have an article on how international investment law privileges foreign investors, to which Jürgen Kurtz in the same issue has written a reply, and in response to which the editors have invited me to provide a rejoinder. In his reply Kurtz develops one…

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Editorial – A Modest Proposal on Zoom Teaching

No preliminaries are necessary here. One result of Covid-19 has been a shift to online teaching by Zoom (or similar platforms). In some law faculties all teaching is online. In most faculties most teaching is online with some hybrid teaching, and in a few (privileged) places in-person teaching remains viable. It is also a commonplace that…

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New Issue of EJIL (Vol. 31 (2020) No. 2) – Now Published

The latest issue of the European Journal of International Law  (Vol. 31 (2020) No. 2) is now out. As usual, the table of contents of the new issue is available at EJIL’s own website, where readers can access those articles that are freely available without subscription. The free access article in this issue is Maria…

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