New Issue of EJIL (Vol. 26 (2015) No. 4) – Out Now

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The latest issue of the European Journal of International Law has been published. Beginning tomorrow, we will have a series of posts by Joseph Weiler – Editor in Chief of EJIL. These posts appear in the Editorial in the new issue. Here is the Table of Contents for this new issue:


On My Way Out – Advice to Young Scholars II: Career Strategy and the Publication Trap; Roll of Honour; In this Issue


Yishai Beer, Humanity Considerations Cannot Reduce War’s Hazards Alone: Revitalizing the Concept of Military Necessity

Helen Keller and Cedric Marti, Reconceptualizing Implementation – The Judicialization of the Execution of the European Court of Human Rights’ Judgments

Anna Dolidze, Bridging Comparative and International Law: Amicus Curiae Participation as a Vertical Legal Transplant

Ruth Rubio-Marín and Mathias Möschel, Antidiscrimination Exceptionalism: Racist Violence before the ECtHR and the Holocaust Prism

An Hertogen, Letting Lotus Bloom

For the Classroom

John Morss, The International Legal Status of the Vatican/Holy See Complex

Roaming Charges

 Moments of Dignity: Shoemaker at Work, Tel Aviv

Afterword: Jan Klabbers and His Critics

Laurence Boisson de Chazournes, Functionalism! Functionalism! Do I Look Like Functionalism?

André Nollkaemper, Saving the Scarecrow

Guy Fiti Sinclair, The Original Sin (and Salvation) of Functionalism

Jan Klabbers, The Transformation of International Organizations Law: A Rejoinder

EJIL: Debate!

Erika de Wet, The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force

Dino Kritsiotis, Interrogations of Consent: A Reply to Erika de Wet

Critical Review of International Jurisprudence

Ronagh McQuigg, Domestic Violence as a Human Rights Issue: Rumor v Italy

Editors’ Choice of Books 2015: Sarah Nouwen, Christian Tams, Jan Klabbers and Jean d’Aspremont

Book Reviews

Surabhi Ranganathan. Strategically Created Treaty Conflicts and the Politics of International Law (Sabrina Safrin)

Sornarajah. Resistance and Change in the International Law on Foreign Investment (Harm Schepel)

The Last Page

Guillaume Landais, Mur sous ma main

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Jordan says

February 19, 2016

I found An Hertogen's article on Letting Lotus Bloom very interesting and making an excellent point about the lack of use of a consent theory with respect to customary international law. When one looks closely at the famous paragraph from the majority opinion, the recognized nature and reach of customary international law has been staring at us -- especially given the word "or" and the word "generally." I cite the S.S. Lotus Case as one among others that recognize that customary international law can be based on "general" patterns of opinio juris:
The Case of the S.S. Lotus (France v. Turkey), P.C.I.J. Series A, No.10, at 18 (“International law ... rules ... binding upon States ... emanate [1] from their own free will as expressed in conventions or [2] by usages generally accepted as expressing principles of law,” which can relate “to the achievement of common aims”).

Jordan says

February 19, 2016

I am adding in a new draft:
Id. at 43 (M. Loder, J., dissenting) (“it rests on a general consensus of opinion” and “may be gradually modified, altered or extended, in accordance with the views of a considerable majority of these States, as this consensus of opinion develops”);