Theory of International Law

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Who cares about theorizing international organizations? A Rejoinder to Christiane Ahlborn

My latest article, ‘Statehood and International Organization: Rethinking Their Conceptual Relationship with Reference to Customary International Law’, addresses whether, how, and to what extent, doctrinal propositions that we accept about the legal personality of states can be extended to international organizations. I argue that our theories would make much more sense if we let go of the widespread conception that states are roughly analogous to natural persons of domestic law. Breaking with the domestic law imagery of ‘natural’ vs ‘artificial’ legal persons, I instead argue that both states and international organizations should be viewed as part of the same family of legal persons. I then explain how this helps illuminate old doctrinal puzzles regarding the legal status of international organizations as well as their place with respect to the formation and application of customary international law. I am thankful to Christiane Ahlborn for engaging thoroughly with my piece in her recently published reply. Before I share my thoughts on Christiane’s reply, I would like to make my case as to why any of…

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Stones of Memory: When the Streets of Gaza Speak the Names of Their People

Introduction: Confronting the “Double Erasure”  As the dust of explosions settles over the Gaza Strip, a profound realization dawns upon the survivors: the destruction is not merely physical. It is a systematic attempt to tear the memory of the place, uproot victims from their human context, and dissolve them into silent, anonymous statistics. This “double erasure”—of…

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Through an ICJ Lense, Legal Attacks on Denmark’s Title to Greenland Would Fail

“You know, because a boat landed there 500 years ago and then left, that doesn’t give you title.” So said the American President upon departing for Davos. It should come as no surprise that Donald Trump challenges Denmark’s title to Greenland. A favorite tactic of real estate magnates is to strip the owner’s title to property they…

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The Hyper Political Nature of International Environmental Law

The recent post by Daniel Bodansky and Suan Biniaz on the possible chilling effects of the ICJ’s advisory opinion on climate change, as well as the recent ruminations on the state of the world  and the implications this has for international law, present an opportunity to think about international environmental law more generally. Not because…

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The UN Charter at 80

The United Nations Charter entered into force eighty years ago on 24 October 1945.  Eighty years is a long life for a world order. Empires, like people, rarely last much longer. Every empire, every world order, moves through recognisable phases. There is the founding impulse – violent, visionary, unifying – when new institutions are hewn…

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