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Two Questions on Coups and Representation before International Courts

Think of Myanmar, and the awful consequences of the military coup which are continuing to unfold. One of these consequences – among the least awful, but among the more legally interesting – is that in the immediate aftermath of the coup it is unclear which set of individuals is the government of that state, entitled to represent it internationally. We’ve recently covered that issue, for example, with regard to Myanmar’s representation in the UN; or think of the question that has arisen in the UK as to who is lawfully the Burmese ambassador, entitled to occupy the premises of the diplomatic mission. There are many such representation questions, often looked at from the standpoint of recognition of governments. But an especially peculiar representation issue (and as far as I know one underexplored in the literature) is that of who gets to represent a coup-afflicted state, such as Myanmar, in disputes before international courts and tribunals, particularly in those disputes that are already pending. Think, most obviously, of The Gambia…

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Interview of the former President of the ICC, Judge Chile Eboe-Osuji, by Shehzad Charania

  In the final weeks of the Presidency of ICC Judge Chile Eboe-Osuji, I conducted the following interview with him. I begin by asking Eboe-Osuji why he wanted to become President. ‘I have always believed in the idea that if you want to achieve real change, you cannot just sit on the sidelines and complain.’ There…

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“To Appear or not to Appear this was the Question” – The Saga of Kenya’s Non-Appearance in the Kenya –Somalia Maritime Delimitation in the Indian Ocean Case

“To be, or not to be, that is the question: Whether 'tis nobler in the mind to suffer The slings and arrows of outrageous fortune, Or to take arms against a sea of troubles (…)” Shakespeare, Hamlet, Act 3, Scene 1 Just like Hamlet, Kenya…

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Pandemics, Procedure and Participation: Hybrid Hearings in the Mauritius/Maldives Maritime Boundary Dispute

Introduction On 28 January 2021, an ITLOS Special Chamber delivered its Judgment on Preliminary Objections in the Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives, PO Judgment). This progressive judgment has stirred rich academic debate, including Thin’s contribution on the legal effect of soft law…

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The ICC Prosecutor’s statement on the Situation in Palestine: A Hand Stretched forth in Friendship?

On 3 March the OTP of the ICC confirmed that it had initiated an investigation regarding the Situation in Palestine. The investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014. The OTP statement was no surprise: according to Article 18…

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