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Article Archive for January 2012

Moon Colonies and International Law

28/01/2012 – 3:36 pm | Comments Off on Moon Colonies and International Law

This week, Republican Presidential candidate Newt Gingrich announced that as President, he would support building an American colony on the moon. According to Gingrich, by 2020, “we will have the first permanent base on the moon… a manned colony on the moon which flies the American flag.”  Whilst the idea has been ridiculed in some quarters, its legality has also been questioned (e.g. Newt Gingrich’s dreams …

The Cambridge Companion to International Law

26/01/2012 – 9:02 pm | Comments Off on The Cambridge Companion to International Law

The Cambridge Companion to International Law is edited by  James Crawford, University of Cambridge and Martti Koskenniemi, University of Helsinki.
The book was launched today at the Faculty of Law, University of Cambridge. It provides a perfect introduction to international law from both traditional and critical perspectives. The companion brings together a group of leading academics and bridges the divide between legal and non-legal methodologies; traditional …

December 2011 Resolution by the Assembly of States Parties on State Cooperation with the International Criminal Court

25/01/2012 – 5:05 pm | Comments Off on December 2011 Resolution by the Assembly of States Parties on State Cooperation with the International Criminal Court

This post draws attention to Resolution ICC-ASP/10/Res.2, on cooperation, adopted by consensus on 20 December 2011 by the Assembly of States Parties of the International Criminal Court during its 7th plenary meeting (10th Session). There are other important resolutions adopted during the 10th Session, including that dealing with reparations (see previous post); amendments to the rule 4 of the Rules of Procedure and Evidence (see here); …

Pre-Trial Chamber II Issues Confirmation of Charges Decisions in the Kenya Situation

23/01/2012 – 9:32 pm | Comments Off on Pre-Trial Chamber II Issues Confirmation of Charges Decisions in the Kenya Situation

Pre-Trial Chamber II of the International Criminal Court composed of Judges Hans-Peter Kaul, Cuno Tarfusser and Ekaterina Trendafilova (presiding), presented an oral summary of the decisions on confirmation charges pursuant to Article 61(7)(a) and (b) of the Rome Statute in the Kenya situation. The decisions issued concern the charges of the Prosecutor against William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang in Case …

New issue of the Goettingen Journal of International Law

23/01/2012 – 7:59 am | Comments Off on New issue of the Goettingen Journal of International Law

The new issue of the Goettingen Journal of International Law is out now. In Vol. 3 No. 3 (2011) the GoJIL pays tribute to the International Criminal Tribunal for the former Yugoslavia and dedicates a GoJIL Focus to its legacy. Furthermore, the issue contains two articles about current developments in international law and an article discussing the legal status of the Holy See. For more information visit …

The Assembly of States Parties Requests the International Criminal Court to Establish Coherent Principles Relating to Reparations for Victims

21/01/2012 – 11:32 pm | Comments Off on The Assembly of States Parties Requests the International Criminal Court to Establish Coherent Principles Relating to Reparations for Victims

The important issues dealt with during the Tenth Session of the Assembly of States Parties in New York in late December 2011 include not only the election of the ICC Prosecutor and six judges (see here), but also the adoption of a few important resolutions. This post will discuss Resolution ICC-ASP/10/Res.3 on reparations, adopted by consensus at the 7th plenary meeting on 20 December 2011. …

Max Planck Encyclopedia of Public International Law – Print Edition

18/01/2012 – 9:51 pm | Comments Off on Max Planck Encyclopedia of Public International Law – Print Edition

In the past couple of years, we have regularly reported on the Max Planck Encyclopedia of Public International Law, the leading reference work in international law which is being prepared under the general editorship of Professor Rüdiger Wolfrum of the Max Planck Institute in Heidelberg, Germany. The Max Planck Encyclopedia has been available for some time in an online edition, but Oxford University Press now …

WIPO Diplomatic Conference on the Protection of Audio Visual Perfomances Slated for June 2012 in Beijing.

18/01/2012 – 6:16 am | Comments Off on WIPO Diplomatic Conference on the Protection of Audio Visual Perfomances Slated for June 2012 in Beijing.

Introduction
Creative control over one’s artistic endeavor is an important right that an artist strives to retain. In addition to creative control, artists seek to prevent the unlawful distribution of the creative product, insist on being acknowledged as the creator of the work, and aim to achieve adequate compensation for the creation. Through union organization, treaties and national legislation, countries have tried to ensure that these …

The ICTY Residual Mechanism

16/01/2012 – 5:14 pm | Comments Off on The ICTY Residual Mechanism

In December 2011 the ICTY Registry launched a dedicated web feature (within the ICTY website) to provide a better understanding of the role and functions of the future Residual Mechanism of the Tribunal. The Residual Mechanism of the ICTY is meant to continue the important work which needs to be carried out once the Tribunal completes its mandate. This ad hoc body established by Security Council …

10 years Guantanamo: continuing the practice of detention without trial?

11/01/2012 – 1:32 pm | Comments Off on 10 years Guantanamo: continuing the practice of detention without trial?

Today is the tenth anniversary of the transfer of the first detainees to the United States naval base in Guantánamo Bay, in Cuba. And with the recent adoption of the 2012 National Defense Authorization Act (NDAA) (section 1021) the practice of indefinite detention without charge or trial of terrorism suspects has been legalized in the US; for foreign nationals that is.
Apparently, habeas corpus and universal human rights standards are not worth …

Decision on Challenge to Arbitrator in Chagos Dispute

10/01/2012 – 4:27 pm | One Comment

Back in December 2010, Mauritius initiated proceedings against the United Kingdom challenging the establishment of a Marine Protected Area (MPA) around the Chagos Archipelago as a violation of the 1982 United Nations Convention on the Law of the Sea.  Mauritius is expected to argue that the United Kingdom had no right to establish an MPA because it does not have sovereignty over the archipelago.  Yet, …

UNCTAD conference on the Principles on Responsible Sovereign Borrowing and Lending

05/01/2012 – 7:38 pm | Comments Off on UNCTAD conference on the Principles on Responsible Sovereign Borrowing and Lending

In an earlier post here on International Law Observer, I drew our readers attention to the so-called “Principles on Responsible Sovereign Borrowing and Lending” (read more here). These Principles were drafted by an Expert Group and aimed to guide responsible sovereign lending and borrowing. In this context, UNCTAD, together with the University Autónoma of Madrid through its schools of Law and Economics, is now organizing the …

Upcoming conference on the lessons learned from the Lubanga Trial

05/01/2012 – 7:11 pm | Comments Off on Upcoming conference on the lessons learned from the Lubanga Trial

On March 8-9, 2012, The International Criminal Court Student Network will convene a conference on the ICC’s first case: The case of Thomas Lubanga Dyilo.
This conference offers undergraduate, graduate and law students, and early professionals/academics (generally within five years of terminal degree) studying or working in the field of International Criminal Law an opportunity to both present and discuss their research. Invited speakers will be …

2011 in review

05/01/2012 – 7:00 pm | Comments Off on 2011 in review

The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:
The Louvre Museum has 8.5 million visitors per year. This blog was viewed about 120,000 times in 2011. If it were an exhibit at the Louvre Museum, it would take about 5 days for that many people to see it.
Click here to see the complete report.

Iranian threat to close Strait of Hormuz

05/01/2012 – 1:28 pm | One Comment

The recent threat by Iran to “bar foreign warships from the Gulf” raises a classic issue in the law of the sea – the legality of coastal states demanding authorization for warships to pass through their waters.  The water in question is the Strait of Hormuz, linking the Persian Gulf with the Gulf of Oman and the Arabian Sea. It is an incredibly important route …

Croatia to withdraw its case against Serbia?

03/01/2012 – 11:11 am | Comments Off on Croatia to withdraw its case against Serbia?

Recently I read in the news that Croatia is going to withdraw its case against Serbia. This case was brought before the International Court of Justice in 1999 and is based on Article IX of the 1948 Genocide Convention. To be more precise, the application instituting proceedings was filed on 2 July 1999. Croatia claims that Serbia has breached several of its obligations under the …