General Principles of International Law

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The Relationship between National Law and International Law in the Report of the Georgia Fact-Finding Mission:

Editor's Note: This post is part of a series discussing the the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia. Other posts in this series include Gazzini, "Criteria for Statehood as Applied by the EU’s Independent Fact-Finding Mission on the Conflict in Georgia" , Andre de Hoogh, "Georgia’s Short-Lived Military Excursion into South Ossetia: The Use of Armed Force and Self-Defence" and Zoran Oklopcic's "Reflections on self-determination, and the status of Kosovo in light of the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia" Under the heading of ‘rescuing Russians as a case of self-defence’, the Report of the Independent International Fact-Finding Mission on the Conflict in Georgia quite sensibly and with good cause rejects this claim on the part of Russia and observes that attacks on nationals or members of the nation abroad cannot be equated to…

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The Honduran Crisis and the Turn to Constitutional Legitimism, Part II: The Pitfalls of Constitutional Legitimism

In my previous post on this topic, I argued that the international reaction to the Honduran coup potentially augurs a shift in foundational norms governing the relationship between international and domestic legal authority.  I also hinted that I regard such a shift as ill-advised, and noted that some of those in the forefront of the reaction appear…

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Has North Korea Terminated the Korean Armistice Agreement?

Seunghyun Sally Nam is 3rd Secretary for the Korean Peninsula Peace Regime Division at the Ministry of Foreign Affairs and Trade, Republic of Korea. She is writing in her personal capacity and her views do not necessarily represent those of the South Korean government. In his recent post, Dapo…

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The ICJ and Evolutionary Treaty Interpretation

On Monday, the ICJ delivered its judgment in the Costa Rica v. Nicaragua case, concerning navigational and related rights on the river San Juan (Registry summary; judgment). The case itself is not terribly important in the grand scheme of things, but upon reading the judgment I came across several questions of broader import that our readers might find…

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Kadi and Al Barakaat: Luxembourg is not Texas – or Washington DC

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. He was a member of the legal team for the applicant Yassin Kadi. The European Court of Justice's approach in the Kadi decision has already been described as sharply dualist (see,Professor Joseph Weiler's…

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