General Principles of International Law

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Open Letter to my Russian Friends: Ukraine is Not Crimea

In reaction to the incorporation of Crimea into the Russian Federation, I had written that the use of Russian armed force against Ukraine is contrary to one of the most fundamental principles of contemporary international law and can be qualified as an “aggression” (Le Monde, 14 March 2014). This applies all the more to the use of armed force against Ukraine as a whole (and not only against the separatist regions of Lugansk and Donetsk. Despite the positions I had publicly taken, I was approached by the Russian authorities to participate in Russia’s defence before the International Court of Justice (ICJ) and two arbitral tribunals that Ukraine had seized concerning certain consequences of the Russian takeover of Crimea.

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Closing the Gaps: Pre-Deployment Role of the Military Legal Adviser

As US involvement in wars in Iraq and Afghanistan comes to an end after twenty years, it is worth taking stock of how things stand in relation to the Law of Armed Conflict (LOAC). This law serves dual purposes: military necessity (which permits measures which are necessary to fulfil a legitimate military purpose provided they are…

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Living in the Shadow of Flawed Peace: How General International Law Is Implicated in the Trade War between Japan and South Korea

As the anniversary of V-J Day approaches, the legacy of World War II still casts a long shadow on its previous Pacific theatre.  Last month, an unprecedented quadripartite incident involving warplanes from, inter alia, Japan and South Korea played out in the territorial airspace of the contested Dokdo/Takeshima islands, disputed territory that was left unresolved in the…

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More on Public International Law and Infectious Diseases: Foundations of the Obligation to Report Epidemic Outbreaks

In his recent post on the 2018-2019 Ebola Outbreak in the Democratic Republic of Congo, Mr. Villarreal inter alia mentions the connection between the International Health Regulations (IHR) and international human rights law, arguing that states' obligations under the IHR are to be read in conjunction with those under the International Covenant on Economic,…

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Silence and the Use of Force in International Law

States frequently take actions and make statements that implicate international law. But because they do not — and, indeed, could not — express a view on each such act or statement by all other states at all times, silence seems to be the norm, rather than the exception, in international relations. When states and other international…

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