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Articles in Public International Law

Judicial Deference Allows European Consensus to Emerge

30/08/2017 – 2:50 pm |

Shai Dothan, associate professor in iCourts, has published a new article entitled: Judicial Deference Allows European Consensus to Emerge. The article is a heavily updated version of a previous working paper that is also forthcoming in Chicago Journal of International Law.
Abstract:
The European Court of Human Rights (ECHR) searches for human rights policies that are adopted by the majority of the countries in Europe. Using a doctrine known …

International Review of the Red Cross: Call for papers on protracted armed conflict

04/07/2017 – 10:10 pm | Comments Off on International Review of the Red Cross: Call for papers on protracted armed conflict

Protracted armed conflicts are characterized by their longevity, intractability and mutability. This is not a new phenomenon, but some particular trends seen in today’s protracted conflicts, such as emerging technologies, pervasive media coverage, and so on, are specific to our times.
This issue of the Review will discuss strategies being put in place to respond to humanitarian needs arising in protracted armed conflict, such as multi-year …

Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965

29/06/2017 – 10:35 pm | Comments Off on Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965

* Based on the ICJ Press Release 2017/27 (29 June 2017).
On 22 June 2017, the General Assembly of the United Nations adopted resolution A/RES/71/292 (with 94 votes in favor, 15 against, and 65 abstaining) in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion on the following questions:
(a) “Was the process …

International Criminal Law and International Criminal Procedural Law Textbooks: From 2010 Onwards

06/06/2017 – 3:58 pm | Comments Off on International Criminal Law and International Criminal Procedural Law Textbooks: From 2010 Onwards

* Compiled by Henriette (Jet) Jakobien Liesker, Research Assistant, Norwegian Centre for Human Rights, University of Oslo.
 The list of textbooks on International Criminal Law and International Criminal Procedural Law (from 2010 onwards), together with the list of textbooks on Public International Law (from 2012 onwards), International Human Rights Law (from 2014 onwards), and International Humanitarian Law (from 2011 onwards) are meant to help international law …

Public International Law Textbooks: From 2012 Onwards

31/05/2017 – 11:37 am | Comments Off on Public International Law Textbooks: From 2012 Onwards

* Prepared by Henriette (Jet) Jakobien Liesker, Research Assistant, Norwegian Centre for Human Rights, University of Oslo.
2012
Gideon Boas, Public International Law: Contemporary Principles and Perspectives, Edward Elgar Publishing, 2012.
Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case …

CfP: Symposium on Effective Control in International Law, China University of Political Science and Law, Beijing, 11 to 12 November 2017

30/05/2017 – 3:25 pm | Comments Off on CfP: Symposium on Effective Control in International Law, China University of Political Science and Law, Beijing, 11 to 12 November 2017

Effective control is a notion going through many branches of international law, and has been researched by many international law scholars and experts separately. Nevertheless, a systematic research focusing on this particular notion from the perspective of diverse branches of international law is missing, and deserves further research.
Inspired by this idea, School of International Law, China University of Political Science and Law (CUPL) is pleased, …

New article: Between Universalism and Regional Law and Politics: A Comparative History of the American, European and African Human Rights Systems

29/05/2017 – 1:35 pm | Comments Off on New article: Between Universalism and Regional Law and Politics: A Comparative History of the American, European and African Human Rights Systems

Alexandra Valeria Huneeus, Associate Professor at the University of Wisconsin Law School and Mikael Rask Madsen, Professor and iCourts Principal Investigator, have published a new article: Between Universalism and Regional Law and Politics: A Comparative History of the American, European and African Human Rights Systems.
Here is the abstract:
Regional human rights have been heralded as one of the greatest innovations of international law of the 20th century. …

International Courts Improve Public Deliberation

16/05/2017 – 12:55 pm | Comments Off on International Courts Improve Public Deliberation

Shai Dothan, associate professor in iCourts, has published a new paper.
Here is the abstract:
Public deliberation is essential for democracy to flourish. Taking decisions away from elected bodies and transferring them to courts seems to diminish deliberation. The damage appears even greater when decisions are taken away from domestic bodies and given to international courts—organizations considered to be completely independent from the public. But this view …

Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation)

05/02/2017 – 4:28 pm | Comments Off on Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation)

* This post is based mainly on ICJ Press Releases No. 2017/2 (17 January 2017) and No. 2017/4 (1 February 2017).
In the late afternoon of 16 January 2017, Ukraine instituted proceedings against the Russian Federation with regard to alleged violations of the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999 and the International Convention on the Elimination of All …

Australian and New Zealand Society of International Law: Call for Papers

19/01/2017 – 10:29 am | Comments Off on Australian and New Zealand Society of International Law: Call for Papers

25th Annual Conference of the Australian and New Zealand Society of International Law, Canberra, 29 June–1 July 2017
“Sustaining the International Legal Order in an Era of Rising Nationalism”
The 25th ANZSIL Annual Conference will take place from Thursday, 29 June, to Saturday, 1 July 2017 at Hotel QT Canberra, 1 London Circuit, Canberra, Australia.
The Conference Organising Committee invites proposals for papers to be presented at the …

ESIL Interest Group on Peace and Security Call for Papers, deadline 16 January

11/01/2017 – 10:44 am | Comments Off on ESIL Interest Group on Peace and Security Call for Papers, deadline 16 January

The ESIL Interest Group on Peace and Security will submit a proposal for a panel during the 13th ESIL Annual Conference in Naples (7 – 9 September 2017). The ESIL IGPS proposal fits perfectly into the overall thematic setting of the conference in Naples (‘Global Public Goods, Global Commons and Fundamental Values: The Responses Of International Law’), by focusing in an innovative way on the …

The legal legacy after the Khmer Rouge

02/12/2016 – 9:15 am | Comments Off on The legal legacy after the Khmer Rouge

by Mikkel Jarle Christensen, associate professor in law at iCourts, and Astrid Kjeldgaard-Pedersen, assistant professor in international law, Faculty of Law, University of Copenhagen
More than 1.7 million Cambodians perished during the Khmer Rouge’s attempt to create the perfect communist society between 1975 and 1979. On 23 November 2016, the Appeals Chamber of a special court in Phnom Penh delivered the final verdict in the case …

New Article: Global Actors: Networks, Elites, and Institutions

01/11/2016 – 11:14 am | Comments Off on New Article: Global Actors: Networks, Elites, and Institutions

Professor Mikael Rask Madsen and Associate Professor Mikkel Jarle Christensen, both from iCourts in Copenhagen have published a new article: “Global Actors: Networks, Elites, and Institutions”. The article draws mainly on examples from human rights and international criminal law to investigate who, precisely, we speak about when referring to global actors.
The full article can be accessed here.
Abstract:
Over the past several decades scholars have intensively debated …

Utrecht Journal of International and European Law, 2016 General Issue Published; and, Call for the 2017 General Issue

30/09/2016 – 1:52 pm | Comments Off on Utrecht Journal of International and European Law, 2016 General Issue Published; and, Call for the 2017 General Issue

The Utrecht Journal of International and European Law is pleased to announce that the latest edition of the journal, the 2016 General Issue, has just been published.
Full, free access is available here, with links to the individual pieces included below.
ARTICLES
Intellectual Property Rights in Traditional Knowledge: Enabler of Sustainable Development
Freedom-Kai Phillips
(Pages 1-18)
It’s Not the Fish that Stinks! EU Trade Relations with Morocco under the Scrutiny of the General Court of the …

Palestine and Kosovo have become members of the Permanent Court of Arbitration

19/06/2016 – 11:41 am | One Comment

The number of States Member to the Permanent Court of Arbitration (PCA) has increased to 121. Some of the last States to join this international arbitration mechanism are Djibouti, the Bahamas, and Palestine and Kosovo.
The process of accession of Palestine and Kosovo to the 1907 Convention (one of the two founding conventions of the PCA, the other being the 1899 Convention) was put under review …

Lex Petrolea – Reality or Myth?, London, 21 June 2016

20/05/2016 – 11:07 am | Comments Off on Lex Petrolea – Reality or Myth?, London, 21 June 2016

 The Institute of International Shipping and Trade Law of Swansea University will organise a joint one-day seminar on the subject of Lex Petrolea with the Center for Energy, Law, and Business of University of Texas Law School on 21 June 2016 in London.
For the flyer see here.
For further information see here.

12th Annual Conference of the European Society of International Law (ESIL), Riga, 8-10 September 2016

12/05/2016 – 2:53 pm | Comments Off on 12th Annual Conference of the European Society of International Law (ESIL), Riga, 8-10 September 2016

The 12th ESIL Annual Conference will be held in Riga on Thursday 8 – Saturday 10 September 2016. ESIL Interest Group events will be organised, as usual, on the day before the conference, on Wednesday 7 September.
The theme of the conference is: How International Law Works in Times of Crisis.
The conference is hosted by the Riga Graduate School of Law in cooperation with the Latvian Constitutional …

Kosovo’s Membership in the PCA: Some comments on Professor Zimmermann’s post

18/04/2016 – 11:31 am | Comments Off on Kosovo’s Membership in the PCA: Some comments on Professor Zimmermann’s post

* Cross-posted from EJIL:Talk (13 April 2016).
It was nice to read Professor Zimmermann’s post on the issue of membership of Palestine and Kosovo in the Permanent Court of Arbitration (PCA), as this matter should get more attention from the community of international lawyers. I have already dealt with some of the relevant legal issues in an ESIL Reflection of 11 March 2016 which Professor Milanović …