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Article Archive for October 2009

The Security Paradigm in the Israeli Supreme Court

30/10/2009 – 9:17 pm | 4 Comments

In a recent judgment of the Israeli Supreme Court, HCJ 7001/09 Kareem AlKanua v Commander of the Army Forces in Gaza et al. (rendered by Justice Levi on 26 October 2009) the petitioner a Palestinian resident of the Gaza Strip, requested the Court to oblige the state to allow him to enter Israel for the purpose of crossing over to the West Bank in order …

Honduran military government brings ICJ claim against Brazil

29/10/2009 – 5:44 pm | Comments Off on Honduran military government brings ICJ claim against Brazil

A press release from the ICJ Registrar has announced that an application has been filed by Honduras against Brazil.  The proceedings relate to “legal questions concerning diplomatic relations and associated with the principle of non-intervention” which allegedly arise from the fact that a number of Honduran exiles, including the ousted President, José Manuel Zelaya Rosales, have taken refuge in the Brazilian embassy.  Rosales was diposed …

Book reviews invited by The George Washington International Law Review

27/10/2009 – 8:23 pm | Comments Off on Book reviews invited by The George Washington International Law Review

The George Washington University International Law Review is now accepting submissions of book reviews for publication in Volumes 41 and 42. Book reviews should be written on a recent or forthcoming book discussing a timely issue in international law. Word count should not exceed 9000 words. Submissions must be in Microsoft Word (.doc) format and include a copy of the book-review author’s curriculum vitae.
Please send …

A report on Transnational Corporations and the Right to Food

21/10/2009 – 3:06 pm | 2 Comments

New York University Students for Human Rights have prepared a report on Transnational Corporations on the Right to Food. The Report was requested by the UN Special Rapporteur on the Right to Food ‘to inform a multi-stakeholder consultation convening on June 19-20, 2009 in Berlin, Germany on the role of the agribusiness sector in the realization of the right to food.’ The Report concludes in …

Administrative Detention – A Rule, No Longer An Exception

20/10/2009 – 8:10 pm | Comments Off on Administrative Detention – A Rule, No Longer An Exception

Administrative detention has been a contentious topic for international lawyers since its invocation by governments claiming that it is a principal tool in the often-lawless global ‘War on Terror’. Despite the popularity that this mechanism has earned amongst a growing number of states, principally those participating in the ‘War on Terror’, it has been neglected that the use of preemptive detention is illegal when used …

Melbourne Journal of International Law – Call for Papers

20/10/2009 – 4:27 pm | Comments Off on Melbourne Journal of International Law – Call for Papers

Below is a call for papers of the Melbourne Journal of International Law. Thanks to the 2010 editors Tim Farhall, Christopher Hibbard and Mary Quinn for drawing my attention to this.

The Editors of the Melbourne Journal of International Law (‘MJIL’) invite submissions on areas of interest in international law for the first issue of their 11th volume, to be published in June 2010.
MJIL, Australia’s premier …

What to Do in Copenhagen

15/10/2009 – 9:15 am | 2 Comments

By Graciela Chichilnisky
The global summit in Copenhagen in December will decide the fate of the Kyoto Protocol, the only international agreement we have ever had to combat the dangers of climate change.   But the Protocol expires in 2012 and – like Cinderella – it will become a pumpkin as the clock strikes 12.  The Danish capital city is the last stop on the rollercoaster ride of …

Guest post by Professor Chichilnisky

15/10/2009 – 8:34 am | Comments Off on Guest post by Professor Chichilnisky

In celebration of the upcoming Blog Action Day on the topic of climate change, International Law Observer is glad to announce a guest post from Professor Graciela Chichilnisky, professor of Economics and in Mathematical Statistics of Columbia University.
Professor Chichilnisky has worked extensively in the Kyoto Protocol process, creating and designing the concept of the carbon market. She has worked closely with negotiators of the United …

Climate Change and Human Rights

15/10/2009 – 7:22 am | One Comment

An issue related to Innocent’s post on environmental rights and Michele’s on “climate refugees” is the question of to what extent does climate change affect human rights in general? This is a question which is undergoing a lot of scrutiny not least since the UN High Commissioner for Human Rights was, in 2008, charged with undertaking a study into the relationship between human rights and …

The Copenhagen Climate Conference 2009 (COP-15)

15/10/2009 – 1:44 am | One Comment

Today is Blog Action Day, the annual event in which bloggers worldwide unite to draw attention to a particularly urgent topic. After last year’s topic of ‘poverty’, this year the organizers have chosen ‘climate change’ as the common subject. And what would be better suited for an international law blog to write about in support of this event than the upcoming United Nations Climate Change …

Right to a Healthy Environment

12/10/2009 – 5:50 am | Comments Off on Right to a Healthy Environment

Professor Douglas Cassel’s commentary “Do we Have a Human Right to a Healthy Environment?” critique the existance of the right to a healthy environment in the international law discourse. The author argues that the matter has complex underlying legal challenges that have to be unmasked for it to be clearly comprehended.  He brings an interesting dimension regarding the relationship between human rights and environmental rights to the effect that …

The Trafigura Settlement

09/10/2009 – 7:51 am | 2 Comments

We have reported earlier about legal action of 31,000 Ivorians before the High Court in London against international trade company, Trafigura, deriving from toxic waste spill in Ivory Coast, which caused the death of a number of  people and the illness of thousands. This case now appears to be settled, even tough Greenpeace informs that it will continue legal proceedings aginst Trafigura. We highlight here …

The Will to Intervene Project

08/10/2009 – 9:42 am | One Comment

Driven by the perceived failures of the old democracies (in particular the USA and Canada) to obviate the commission of  genocide, crimes against humanity and other gross violations of human rights in different parts of the world during the twentieth and twenty first centuries, leading academics at the Montreal Institute for Genocide and Human Rights Studies at the University of Concordia commissioned the Will to …

International Law Weekend 2009

06/10/2009 – 4:15 am | Comments Off on International Law Weekend 2009

The American Branch of the International Law Association will hold its annual International Law Weekend, in conjunction with its 88th Annual Meeting, in New York from October 22-24, 2009. Registration is free for students, members of the American Branch, and cosponsoring organizations (including the ABA Section of International Law and the American Society of International Law); for others, the registration fee is $75.00. To register, …

Israeli Supreme Court decision on the Wall in Jayyus: Another Assault on the ICJ

03/10/2009 – 10:15 pm | Comments Off on Israeli Supreme Court decision on the Wall in Jayyus: Another Assault on the ICJ

On 9 September 2009, the Israeli Supreme Court published its judgment in the case of HCJ 11344/03 Mayor of Jayyus et al. v. Commander of the Armed Forces in the West Bank et al. (available in Hebrew), where the route of the Separation Wall that Israel has been constructing since the end of the second intifada was challenged by the mayors of a number of …

Hugo Grotius' 'Mare Liberum' – 400th anniversary

03/10/2009 – 4:34 pm | Comments Off on Hugo Grotius' 'Mare Liberum' – 400th anniversary

There are few individuals that have shaped international law as much as Hugo Grotius, the Dutch jurist, diplomat and philosopher, theologian and poet. His works include a comparison of constitutions (Parallelon rerumpublicarum), commentary on the law of prize and booty, a thesis on the free seas (Mare Liberum), a thesis on the law of war and peace (De jure belli ac pacis) and commentaries on both the old …

New UK Supreme Court

01/10/2009 – 12:19 pm | Comments Off on New UK Supreme Court

And so it finally happened. After a lengthy period of preparation, the Supreme Court of the United Kingdom starts proceedings today. The new UK Supreme Court, which has come about as a result of the 2005 Constitutional Reform Act, will hear its first cases this week in newly refurbished rooms in the former Middlesex Guildhall, on Parliament Square. Although the process under which the Supreme …