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Three Cheers for the Application of International Law by Domestic Courts! Or should that be two? A response to Benvenisti & Downs.

Last month, Professors Eyal Benvenisti and George Downs posted a summary of their latest EJIL article - "National Courts, Domestic Democracy and the Evolution of International Law"  - which set out the issues discussed in that article (available here) in the context of the authors' scholarship in this area. The article impressively surveys trends regarding the extent to which domestic courts will defer to the executive branch in the area of foreign affairs. It also considers what the authors see as growing inter-judicial cooperation which enhances the increasing boldness of courts not only with regard to their executives but also in reviewing the policies of international organizations. The article argues that unlike the position nearly two decades ago, domestic courts are increasingly abandoning their traditional deference to the executive when dealing with questions of foreign affairs. The evidence for this assertion is not set out in this article but is considered elsewhere by Professor Benvenisti. The comments by Alison MacDonald here on this blog support this assertion, at least as far as English courts are concerned.

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Is Sudanese President Bashir Immune from Arrest?

In a post last week, I mentioned a forthcoming article of mine dealing with Bashir's Immunity. That article titled "The Legal Nature of Security Council Referrals to the ICC and its Impact on Al'Bashir's Immunities" has now been published in the latest issue of the Journal of International Criminal Justice (available here).  The  abstract of my article is as…

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A House of Kadis? Recent Challenges to the UN Sanctions Regime and the Continuing Response to the ECJ Decision in Kadi

Devika Hovell is a DPhil Candidate in international law at the University of Oxford, and Associate Fellow  at Chatham House. She worked formerly as Director of the International Law Project and Lecturer in International Law at the University of New South Wales. Her doctoral thesis applies a procedural fairness framework to Security Council …

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

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,…

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An Effective Remedy for Josef K: Canadian Judge ‘Defies’ Security Council Sanctions through Interpretation

Antonios Tzanakopoulos is a DPhil Candidate at St Anne's College, Oxford. In 2005, he was research assistant to Professor Giorgio Gaja, the International Law Commission's Special Rapporteur on the Responsibility of International Organizations. His Oxford thesis is on the responsibility of the United Nations for wrongful non-forcible measures by the Security Council. Many…

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