International Organisations

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Could the General Assembly Exclude Myanmar from the UN by Refusing to Recognise the Credentials of its Ruling Military Junta?

Earlier this month, Myanmar’s military seized power from the democratically elected government in a dramatic coup d’état.  State Counsellor Aung San Suy Kyi was arrested alongside other government ministers, parliamentarians and activists.  The military’s Commander-in-Chief, who a UN Fact-Finding mission said in 2018 should be prosecuted for crimes under international law, is running the country.     The UN Security Council has expressed concern, but is unlikely to do more due to the near-certainty of the Chinese and Russian vetos.  It is difficult to think of a more damning indictment of the UN’s ability to fulfil its purposes, including in particular the promotion and protection of human rights, than a genocidal military seizing power from a democratically elected government without significant international consequence.  There is however one significant international consequence that is open to the UN as a response to the military coup, that does not require the agreement of the Security Council’s five permanent members. Pursuant to its procedural rules, the General Assembly is competent to deny Myanmar’s military junta…

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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…

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EJIL: The Podcast! Episode 6 – Trumping International Law?

This episode examines the effects of the four years of the Trump Administration on international law. I am joined by Joseph Weiler, Co-Editor in Chief of EJIL and University Professor at New York University School of Law; Neha Jain, Professor of Public International Law at the European University Institute; and Chimene Keitner, who is Alfred…

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China’s Recent Restrictions on Trade and the SPS Agreement

Since June 2020, China turned its eye on trade measures to battle the spread of COVID-19 in its country. It introduced several measures, from extensive testing of containers and content of imported food and agricultural products to complete import bans of specific products (such as pork from Tönnies and poultry products from Tyson Foods Inc.

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Old Habits Die Hard: Applying Existing International Law in Cyberspace and Beyond

In the past few years, a growing number of states have expressed their official positions on the applicability of international law in cyberspace. Most recently, New Zealand and Israel shared their own views on the topic to beef up the crowd. Initiatives of this kind are welcome and contribute to the gradual clarification of the extent…

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