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Article Archive for Year 2009

Paper on the Issues Arising out of the Palestinian Declaration to the ICC under Art. 12(3) of the Rome Statute

29/12/2009 – 12:52 am | 2 Comments

Al-Haq, a Palestinian NGO based in the West Bank, has recently published a paper authored by Michael Kearney and Stijn Denayer on “Issues Arising from the Palestinian Authority’s Submission of a Declaration to the Prosecutor of the International Criminal Court under Article 12(3) of the Rome Statute” (a matter we have previously covered here).
The Palestinian declaration for a self-referral to the ICC has become a …

One Year After The Gaza Conflict: A Persistent Quest for Justice

29/12/2009 – 12:25 am | Comments Off on One Year After The Gaza Conflict: A Persistent Quest for Justice

Yesterday, on 27 December 2009, one year had passed since the commencement of the devastating atrocities of Israel’s 22-day-long assault  on the occupied Gaza Strip (otherwise known as Israel’s Operation “Cast Lead”). There has indeed been a notable amount of writing  done about the conflict and its context over the past year (we have also covered this topic here, here and here, inter alia). On …

Merry Christmas

24/12/2009 – 1:33 am | Comments Off on Merry Christmas

A merry christmas to all our readers worldwide.

After Copenhagen

22/12/2009 – 10:54 am | Comments Off on After Copenhagen

So the long-anticipated Copenhagen Summit is over.  The politicians and protesters have all gone home and there is a sense of anticlimax in the air.  The result of the Summit is the so-called “Copenhagen Accord”, a non-binding commitments amongst countries to decrease their carbon emissions.  Observers have now started asking what are the implications of this result for the future of the climate change regime …

Brasil’s President Plans to Create a Human Rights Truth Commission

21/12/2009 – 10:46 pm | Comments Off on Brasil’s President Plans to Create a Human Rights Truth Commission

Yesterday, 21 December, Brasil’s President Lula da Silva presented a human rights action plan which includes the creation of a national truth commission. The Commission will have the purpose to elucidate the human rights violations during the military dictatorship between 1964 and 1985. Since the end of the dictatorship in 1985, no systematic investigation of the grave human rights violations that haunted the country, including …

New issue of the Goettingen Journal of International Law

20/12/2009 – 2:42 pm | Comments Off on New issue of the Goettingen Journal of International Law

The Goettingen Journal of International Law (GoJIL) just released its third issue with which the Journal completes the first Volume. The contents is the following:
Articles
Marco Benatar: The Use of Cyber Force: Need for Legal Justification?
Marie-José Domestici-Met: Humanitarian Assistance Looking for a Legal Regime Allowing its Delivery to Those in Need Under any Circumstances
Jiaxiang Hu: Market Access or Market Restrictions – Analysis on the Regulations of PRC on …

Book Review – The War on Terror and the Laws of War: A Military Perspective

18/12/2009 – 3:31 pm | Comments Off on Book Review – The War on Terror and the Laws of War: A Military Perspective

Michael Lewis, Eric Jensen, Geoffrey Corn, Victor Hansen, Richard Jackson and James Schoettler , The War on Terror and the Laws of War: A Military Perspective (Oxford University Press, 2009) ISBN13: 978-0-19-538921-0ISBN10: 0-19-538921-2
This book is written by six American legal scholars with experience as members of the legal profession in the US armed forces. The foreword by Major General Charles J. Dunlap, Jr. (Deputy Judge …

2009 Legal Review

17/12/2009 – 12:48 pm | Comments Off on 2009 Legal Review

As we come to the close of 2009, David Pannick’s list of 2009’s unfortunate but amusing court proceedings is worth a read in today’s Times. It includes reference to Silvio Berlusconi’s ongoing fight in the Italian courts as well as wise words from Justice Scalia.

Zyberi on Self-Determination through the Lens of the ICJ

15/12/2009 – 1:37 pm | Comments Off on Zyberi on Self-Determination through the Lens of the ICJ

Our own Gentian Zyberi’s recent paper, ‘Self-Determination through the Lens of the International Court of Justice’, has now been published in the Netherlands International Law Review (2009) No. 56 pp. 429-453. Full abstract:
This article focuses on the role and contribution of the International Court of Justice to developing and interpreting the right of peoples to self-determination. The most relevant cases decided by the Court so …

Obama's Peace Prize Acceptance Speech

11/12/2009 – 8:57 am | 3 Comments

Barack Obama arrived in Oslo yesterday to receive the Nobel Peace Prize.  The granting of this prestigious prize to the US president was controversial for a number of reasons.  Some complained that it was too soon for the prize to be awarded to Obama as he had only just taken up office and he was yet to achieve any of his foreign policy aspirations.  Others …

Conclusion of the eighth session of the Assembly of States Parties to the Rome Statute

02/12/2009 – 7:15 pm | 3 Comments

The Assembly of States Parties to the Rome Statute concluded its eighth session on 26 November 2009. Among the more important results of the Assembly was the decision that the much anticipated review conference is to be held in Kampala, Uganda between 31 May and 11 June 2010. The review conference will be the first such conference. Its convening is provided for in Art. 123(1) …

Cambodia Tribunal Monitor

27/11/2009 – 10:16 am | Comments Off on Cambodia Tribunal Monitor

The Extraordinary Chambers in the Courts of Cambodia this week heard the closing arguments in the trial of Kaing Guek Eav (alias Duch). For all those interested in learning more about the activities of the Chambers (past and present), have a look at the website of the Cambodia Tribunal Monitor, which is a consortium of academic, philanthropic and non-profit organizations committed to providing public access …

4th Biennial Conference of the ESIL

26/11/2009 – 9:53 am | Comments Off on 4th Biennial Conference of the ESIL

After the success of last year’s biennial meeting of the European Society of International Law in Heidelberg, Germany, the next event is being organized by the Lauterpacht Centre for International Law, University of Cambridge and will take place on 2-4 September 2010. The conference theme is: International Law 1989-2010: A Performance Appraisal. Here is a short description of what is hidden behind this title.
The role …

Clip of the week on piracy and international law

23/11/2009 – 7:45 am | One Comment

This week’s video clip is an interesting summary of how international law applies to the fight against piracy. The clip shows Professor John Norton Moore, director at the Center for National Security Law at the University of Virginia School of Law, talking inter alia about the applicable norms and what could be done on the level of international law to confront piracy. You can access the archive …

The Report of the Special Rapporteur on the Independence of Judges and Lawyers

23/11/2009 – 7:26 am | Comments Off on The Report of the Special Rapporteur on the Independence of Judges and Lawyers

1. Introduction
The subject of the following article is the Report of the Special Rapporteur on the independence of judges and lawyers (‘Report’) issued on 24 March 2009. The report was endorsed by the Human Rights Council (‘HRC’) during its 12th session in October 2009. The focus of the following statements will be on the parameters identified by the Rapporteur as being necessary to effectively guarantee …

The Right to Development and Intellectual Property

20/11/2009 – 8:54 am | Comments Off on The Right to Development and Intellectual Property

Since the Senegalese jurist Keba M’baye first advanced it in 1972, the idea of a ”right to development” has been the focus of an extensive but largely theoretical debate. Jurists from the South enumerated the possible subjects and objects of this right while jurists from the North questioned whether it existed at all. However, the adoption by the United Nations General Assembly of a Declaration …

Climate Change Talks: Road to Copenhagen

17/11/2009 – 1:10 pm | Comments Off on Climate Change Talks: Road to Copenhagen

The following is a guest post by Jennifer Kelleher, LLB Law with European Studies (German and History), LLM in Comparative and European Laws. Jennifer previously interned at the Office of the Co-Investigating Judges in Cambodia and is currently working with the International Council of Environmental Law on Arctic Law and Policy.
Next month, 191 countries will come together in Copenhagen under the auspices of the UNFCCC …

International Law Association Conference 2010

12/11/2009 – 11:48 am | Comments Off on International Law Association Conference 2010

Next years annual conference of the International Law Association will be hosted by the Netherlands Society for International Law, which at the same time celebrates its 100th anniversary. So far little information is available on the conference itself. The conference website merely circumscribes the overarching topic with ‘Peace, Justice and International Law’. Online registration will be possible starting in January.