International Law and Domestic Law

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Stepping Up the (Dualist?) Resistance: The English High Court Quashes Domestic Measures Implementing UN Sanctions

October 9, 2009

Antonios Tzanakopoulos

Antonios Tzanakopoulos, D.Phil. cand. (Oxford), LL.M. (NYU) (Athens), is Lecturer in Public International Law at the University of Glasgow. A relevant paper presented at the University of Vienna in September 2009 can be found here in draft form. I. Introduction: the 1267 Regime and Domestic Courts For quite some time now there has been significant discontent about the fundamental rights implications of Security Council sanctions, in particular individual sanctions under the regime established by Resolution 1267 (1999) and subsequent Resolutions (see eg this blog here and here). The 1267 regime obligates UN Member States to freeze the assets of persons designated by the relevant Sanctions Committee as being 'associated with' Al-Qaida and the Taliban. But those identified by the Committee have no recourse against their designation, and no other remedy except the possibility to petition the Committee for delisting. Decisions on such petitions are taken in camera and no justification is required (see the…

Testing the Limits of Diplomatic Protection: Khadr v The Prime Minister of Canada

October 7, 2009

Elizabeth Prochaska

Elizabeth Prochaska is a Barrister at Matrix Chambers, London. She has recently completed a period as Judicial Assistant to Baroness Hale and Lord Brown in the House of Lords. Omar Khadr, a Canadian citizen captured by US forces in Afghanistan at the age of 15 and imprisoned in Guantanamo Bay for 7 years,…

The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework

September 23, 2009

Brad R. Roth

Who is the current President of Honduras? Far from the stuff of quiz shows, this question bears on the very foundations of international law. The international reaction to the June 28, 2009 ouster of President Manuel Zelaya, though superficially similar to earlier repudiations of coups, is in important respects unprecedented. Its implications have a profundity that few international…

Comment on Benvenisti & Downs’, ‘National Courts, Domestic Democracy, and the Evolution of International Law’

June 23, 2009

Alison MacDonald

Alison MacDonald is an English Barrister at Matrix Chambers and was a Fellow at All Souls College, Oxford from 1999 to 2006. She has acted as counsel before a range of international tribunals including the European Court of Human Rights, the Special Court for Sierra Leone, the International Tribunal for the Law of the Sea,…

US Appeals Court holds that Former Foreign Officials Entitled to Immunity in Civil Suit alleging War Crimes

May 3, 2009

Dapo Akande

The Second Circuit of the US Court of Appeals has recently (April 16, 09) held in Matar v. Dichter that the former head of the Israeli General Security Service is immune in a civil suit brought under the US Aliens Tort Claims Act (28 USC § 1350) alleging war crimes and extrajudicial killing. The suit relates to Dichter's participation…

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