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CJICL Blog
A blog about international law, comparative law and more general contemporary developments in the field of contemporary legal thought. Blog submissions are always welcome and can be e-mailed to the blog's editors at: blog@cjicl.org.uk
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The ICC Preliminary Examination in Colombia: A Mechanism to Support or Overthrow the Peace Negotiations Between the Government and FARC?
Posted by Christine Björk- 1 CommentChristine BjörkDesk Officer at the Ministry for Foreign Affairs, Department for International LUser is currently offlineThis post does not reflect the opinion of the Swedish Ministry for Foreign Affairs. The author was a Fulbright researcher in Colombia. Last week, the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) announced that the peace negotiations in Cuba had led to a major breakthrough on land reform and rural development, an issue ...Jun 14 -
CJICL Conference 2013
Posted by Naomi Burke- 0 CommentsNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineThe 2013 CJICL conference "Legal Tradition in a Diverse World" is taking place this weekend (18-19 May) in Cambridge. The conference will begin on Saturday morning with a keynote address by Judge Abdulqawi Yusuf of the ICJ. At lunchtime on Saturday Professor Patrick Glenn will deliver a guest lecture on the topic "The State as a Legal Tradition" a ...May 16 -
International Law: A Man’s World?
Posted by Naomi Burke- 2 CommentsNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineFrom 18-19 April, I attended the inaugural London International Boundaries Conference. It was a superb conference, involving excellent presentations from a variety of practitioners on technical and legal aspects of boundary delimitation. Sitting at the back of the room at one point, I was struck by the fact that the majority of the audience was mad ...Apr 23 -
Legal Tradition in a Diverse World - Full Conference Programme Now Online
Posted by Cambridge Journal of International and Comparative Law- 0 CommentsCambridge Journal of International and Comparative LawCambridge Journal of International and Comparative Law has not set their biograpUser is currently offlineThe full programme of the 2013 CJICL Conference "Legal Tradition in a Diverse World" has now been released and is available at www.cjicl.org.uk/conference. The full programme of the 2013 CJICL Conference "Legal Tradition in a Diverse World" has now been released and is available at www.cjicl.org.uk/conference. ...Apr 10 -
Annex VII Arbitration Report (Part Three) - Argentina/Ghana Featured
Posted by Naomi Burke- 0 CommentsNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineThis is the final post of the series on pending Annex VII arbitrations and will provide a brief report on the Argentina/Ghana arbitration. Incidentally, distinct from Annex VII, another inter-State arbitration is currently pending before the PCA, that of Croatia/Slovenia (Territorial and Maritime Dispute). The parties filed Memorials on 11 February ...Apr 03 -
Show all entries from Latest Blog Entries
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What Do We ‘Do’ When We 'Do' Public and Private International, EU and Comparative Law?
Posted by Richard Collins & Alexandra Bohm- 0 CommentsRichard Collins & Alexandra BohmDr Richard Collins is Lecturer in Law at the University of Sheffield and the SchUser is currently offlineThe Cambridge Journal of International and Comparative Law has been the site of interesting and challenging posts in the year since its inception. What, if anything, unites these posts? With the growing expansion of legal orders beyond the state and the increasing normative interaction and conflict occurring between them, practitioners, judges and ...Dec 03 -
Show all entries from International Legal Theory
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On Two Supposed Immunity Problems with Hong Kong Arbitration Awards
Posted by Anselmo Reyes- 0 CommentsAnselmo ReyesProfessor of Legal Practice, University of Hong KongUser is currently offlineThe two problems which I have in mind arise from two relatively recent decisions of the Hong Kong Courts. The first is the decision of the Court of Final Appeal in Democratic Republic of the Congo and others v. FG Hemisphere Associates LLC. The second is the decision of Judge Stone at first instance in The "Hua Tian Long" (No.2). The two problems ...Jan 28 -
Show all entries from International Dispute Settlement
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Nicaragua v Colombia: An Unusual Delimitation?
Posted by Naomi Burke- 1 CommentNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineThis post examines some aspects of the decision in the case “Territorial and Maritime Dispute (Nicaragua v Colombia)” issued by the ICJ on 19 November 2012. Nicaragua had requested the Court to determine sovereignty over several maritime features in the Caribbean Sea and to carry out a maritime delimitation of the continental shelf between Nicaragu ...Jan 04 -
International Law and Christmas (Island)
Posted by Valentin Jeutner- 0 CommentsValentin JeutnerPhD Candidate at the University of Cambridge.User is currently offline“On the 24th, about half an hour after day-break, land was discovered bearing North East by East ½East. Upon nearer approach, it was found to be one of those low islands so common in this ocean; that is, a narrow bank of land inclosing the sea within. A few cocoa-nut trees were seen in two or three places; but in general the land had a very barren ...Dec 25 -
The Senkaku/Diaoyu Islands: Two Perspectives on the Territorial Dispute (Part II)
Following on from last weeks post by Mai Fujii, this week we have a post by Jaiyu Bai, offering a Chinese perspective of the Senkaku/Diaoyu Islands dispute. The Diaoyu Islands Dispute On 10 September 2012, the Japanese government announced the ‘purchase’ of Diaoyu Dao and its affiliated Nanxiao Dao and Beixiao Dao and the implementation of the ...Dec 18 -
The Senkaku/Diaoyu Islands: Two Perspectives on the Territorial Dispute (Part I) Featured
Posted by Mai Fujii- 0 CommentsMai FujiiPhD candidate at the University of Kobe, advisor/researcher on international lawUser is currently offlineThe dispute between Japan and China regarding the Senkaku/Diaoyu Islands has captured global media attention and is the cause of some tension between the two countries. The dispute escalated earlier this year, with Japan temporarily recalling its ambassador to China in July 2012 to discuss the dispute and anti-Japanese protests being held in China ...Dec 07 -
Passports or Public Recognition – The (lack of) Vietnamese and Indian recognition of Chinese territorial claims.
Posted by Cameron Miles- 0 CommentsCameron MilesPhD Candidate, University of CambridgeUser is currently offlineWhilst the world at the present time is not exactly short of troubled ‘hot spots’, one such area of perpetual interest to international lawyers - especially those concerned with the intersection between the law of territorial acquisition and the law of the sea - is the South China Sea, in which China’s claims to a large swathe of the area in questi ...Nov 28 -
Show all entries from Territorial Sovereignty
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The Status of Palestine at the General Assembly
Posted by Daniel Costelloe- 0 CommentsDaniel CostelloePh.D Candidate, University of CambridgeUser is currently offlineOn Thursday, November 29, 2012, Palestine will submit to the General Assembly of the United Nations (“UN”) a request that its status be changed from Observer to non-Member State Observer. Palestine has enjoyed Observer status at the General Assembly since 1974, when General Assembly Resolution 3237 invited Palestine, then still designated the Pales ...Nov 29 -
What effect of Palestine’s membership in UNESCO?
Posted by Kathleen Claussen- 0 CommentsKathleen ClaussenBrandon Fellow, Lauterpacht Centre for International Law, CambridgeUser is currently offlineOn October 31, UNESCO’s General Conference voted to admit Palestine as a Member State of the organization. In the flurry of media reports that followed, commentators raised the prospect that Palestine would subsequently join any and every international organization with an acronym (for example: the WHO, the WTO, WIPO, the IAEA, ICAO), some wi ...Nov 04 -
Show all entries from Subjects of International Law
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Truly Automated Weapons and International Humanitarian Law
Posted by Russell Buchan- 1 CommentRussell BuchanLecturer at the University of SheffieldUser is currently offlineA day barely seems to go by without the media reporting the use of semi-automated weapons (‘SAWs’) as a method for waging war. The use of 'unmanned aerial vehicles' (‘UAVs’) has in particular attracted considerable attention, not least because they have become the weapon of choice for the Obama administration in the War on Terror. These weapons can ...Nov 19 -
Gaddafi’s Death: a War Crime?
Posted by Henri Decoeur- 1 CommentHenri DecoeurHenri Decoeur is a PhD student at the Faculty of Law, Cambridge University.User is currently offlineThe Brother Leader was reportedly wounded when captured by forces loyal to the new Libyan government on October 20th, 2011. The death of Muammar Gaddafi was made public a few hours later. Amnesty International suggests that a war crime may have been committed. As the circumstances surrounding his decease remain fuzzy, it is natural for zealous inte ...Oct 25 -
Show all entries from International Humanitarian Law
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Election of Judges to the International Court of Justice
Posted by Naomi Burke- 7 CommentsNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineFollowing our previous post on selection of a candidate for election to the International Court of Justice (ICJ), this post looks at the election process itself. As set out in the statute of the ICJ, five judges are elected to the Court every three years, for a nine-year term. Following our previous post on selection of a candidate for election to ...Nov 08 -
Selection Procedure for the Election of Judges to the International Court of Justice
Posted by Naomi Burke- 0 CommentsNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineOn 30 October 2012 the Australian Government announced its support for the candidature of Professor James Crawford, Whewell Professor of International Law at the University of Cambridge, for election as a judge to the International Court of Justice (ICJ). Given the nomination of Professor Crawford for the 2014 election, a post outlining the s ...Nov 02 -
New Developments on Peremptory Norms of General International Law – The ICJ’s Judgment in Jurisdictional Immunities of the State
Posted by Daniel Costelloe- 0 CommentsDaniel CostelloePh.D Candidate, University of CambridgeUser is currently offlineThe ICJ’s judgment in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) offers, in the context of state immunity, the longest discussion of peremptory norms in the history of the World Court. The judgment made certain important contributions to the understanding of this legal concept. The ICJ’s judgment in Jurisdictiona ...Apr 02 -
Guest post - The Justiciability of International Disputes and International Law’s Functional Reading: Some Thoughts on Account of the ICJ’s Recent Judgment
Posted by Solon Solomon- 1 CommentSolon SolomonFormer Member of the Knesset (Israeli Parliament) Legal Department in charge ofUser is currently offlineIn light of the recent ICJ decision on the Interpretation of the Interim Agreement between FYROM and Greece, I would like to note some things that are interesting regarding the justiciability of international disputes. Traditionally, the Court in its jurisprudence has appeared monolithic and cliché, in essence advocating for the justiciability of a ...Jan 11 -
Show all entries from Jurisdiction and Procedure
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1969 Vienna Convention on the Law of Treaties and Secondary Rules
Posted by Duncan French- 0 CommentsDuncan FrenchProfessor of International Law and Head of Law School, University of LincolnUser is currently offlineMichael Wood in a 1998 Max Planck Yearbook of United Nations Law paper entitled “The Interpretation of Security Council Resolutions” highlighted a question that remains largely unspoken – quite how does one interpret a document or instrument of an international organisation? Michael Wood in a 1998 Max Planck Yearbook of United Nations Law paper en ...Nov 21 -
Habemus guidam: Alain Pellet’s magnum opus is (almost) out
Posted by Bart Smit Duijzentkunst- 1 CommentBart Smit DuijzentkunstCJICL EditorUser is currently offlineIt was with a sense of relief that Professor Alain Pellet presented the result of his seventeen years as the International Law Commission’s (ILC) Special Rapporteur on the topic Reservations to Treaties, at a seminar hosted by the British Institute of International and Comparative Law (BIICL) in London on 15 November 2011. The 640+ page “Guide to P ...Nov 22 -
Show all entries from Law of Treaties
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Bases for the Palestinian Refugees’ Right of Return under International Law: Beyond General Assembly Resolution 194
Posted by Mutaz M. Qafisheh- 2 CommentsMutaz M. QafishehProfessor of International Law and Legal Clinic Director, Hebron UniversityUser is currently offlineMany politicians think that the right of return for Palestinian refugees is derived mainly or only from the General Assembly (GA) Resolution 194 of 11 December 1948. This resolution, although recognizing the right of return, is not per se the basis for that right. Some fear that the membership of Palestine in the UN, and the grant of Palestinian na ...Nov 26 -
The Arab Spring and the Trials and Tribulations of Transitional Justice
Posted by Jasmine Moussa- 0 CommentsJasmine MoussaJasmine Moussa has not set their biography yetUser is currently offlineOn 22 October 2011, former Libyan leader Muammar Gaddafi was killed in his birthtown of Sirte in ambiguous circumstances, after being captured alive by rebel forces. Gaddafi’s death ended much speculation regarding the possibility of a brokered peace agreement between rebel forces in Libya and the Gaddafi’s loyalists, and its im ...Oct 25 -
Show all entries from International Human Rights Law
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Call for Conference Abstracts: "Legal Tradition in a Diverse World"
Posted by Cambridge Journal of International and Comparative Law- 1 CommentCambridge Journal of International and Comparative LawCambridge Journal of International and Comparative Law has not set their biograpUser is currently offlineThe Cambridge Journal of International and Comparative Law (CJICL) invites abstract submissions for participation in its second annual conference, to be held on 18 and 19 May 2013 at the University of Cambridge. The Cambridge Journal of International and Comparative Law (CJICL) invites abstract submissions for participation in its second annual co ...Nov 21 -
International Constitutionalism at the European University Institute in Florence
Posted by Daniel Costelloe- 0 CommentsDaniel CostelloePh.D Candidate, University of CambridgeUser is currently offlineThe theme of the Ph.D. Training School at the European University Institute in Florence, organized by Professor Wouter Werner of the Vrije Universiteit Amsterdam, was “the vices and virtues of international constitutionalism”. This conference was part of COST Action IS1003 on the Constitutionalization and Fragmentation of International Law. ...Nov 25 -
Show all entries from Conferences
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The Tallin Manual on Cyberwarfare
Posted by Wouter Werner- 0 CommentsWouter WernerProfessor at Vrije Universiteit AmsterdamUser is currently offlineOver the past few years, the use and abuse of cyberspace has become an important topic in the field of international security. Incidents such as the cyber-attacks on Estonia (2007), Georgia (2008) and Iran (2010) served as concrete examples that national security may be directly affected by operations conducted via cyberspace. Several states, ...Jan 26 -
2047: Towards Fully Automated Drones and Outsourced Responsibility in Warfare
Posted by Henri Decoeur- 0 CommentsHenri DecoeurHenri Decoeur is a PhD student at the Faculty of Law, Cambridge University.User is currently offlineUnmanned aerial vehicles (UAV – aka ‘drones’), are increasingly used in conflict zones (and elsewhere) for a variety of tasks, ranging from surveillance to targeted killings. To those who question the morality of using unmanned aircrafts piloted with an iPhone from an office in Virginia to kill human beings, it is retorted that remotely-piloted air ...Feb 09 -
Iran, the Nuclear Issue & Countermeasures
Posted by Sahib Singh- 0 CommentsSahib SinghVisiting Lecturer of International Law at the University of Vienna; Visiting FelUser is currently offlineThis is a cross-post, with kind permission, from EJIL: Talk! Since the publication of the International Atomic Energy Agency’s (IAEA) report on Iran of 8 November 2011, the Iranian nuclear issue has continued to slowly escalate. This escalation has largely been constrained within its own narrative and of economic sanctions but, at other ...Jan 10 -
Show all entries from Law of War
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Sandy Island: cartographically solid ground?
Posted by Brendan Whyte- 0 CommentsBrendan WhyteDr Brendan Whyte is the Assistant Curator of Maps at the National Library of AusUser is currently offlineRecently news agencies around the world reported the non-existence of an island marked on nautical charts, in atlases and even on GoogleEarth (e.g. here). A boatload of scientists from the University of Sydney found 1400m of water where Sandy Island (aka Sable Id., sable being French for sand) was marked on their charts: 160°E 19°20′S, i.e. 50 km e ...Dec 04 -
Public hearings in Argentina v Ghana: An UNCLOS dispute?
Posted by Naomi Burke- 1 CommentNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineAs outlined in a previous post, Argentina has applied to ITLOS for provisional measures regarding the Argentine navy ship ARA Libertad, currently detained in Ghana. The Tribunal is due to hold public hearings on the request for provisional measures beginning on Thursday, 29 November 2012. The purpose of this post is to set out the legal issues surr ...Nov 28 -
Argentina v Ghana at ITLOS
Posted by Naomi Burke- 2 CommentsNaomi BurkePhD Candidate, University of CambridgeUser is currently offlineOn 14 November 2012 Argentina submitted a request for provisional measures to the International Tribunal for the Law of the Sea (‘ITLOS’) regarding the dispute over the Frigate ARA Libertad. Argentina has requested “that Ghana unconditionally enable the Argentine warship Frigate ARA Libertad to leave the Tema port and the jurisdictional waters of G ...Nov 15 -
Show all entries from Law of the Sea
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Adjudicating Somali Piracy Cases – German Courts in a Double Bind
Posted by Christiane Ahlborn- 0 CommentsChristiane AhlbornPh.D. candidate, Amsterdam Center for International Law, University of AmsterdamUser is currently offlineThis piece is cross-posted on the SHARES Blog. On 19 October 2012, a court of first instance in Hamburg sentenced ten Somalis to prison in what was the first piracy case before German courts in over four hundred years (the decision has not yet been released but for a comprehensive press release of the court in German see: here). The acts of pirac ...Jan 03 -
Assange v Swedish Prosecution Authority: the (mis)application of European and international law by the UK Supreme Court - Part II
Posted by Cameron Miles- 6 CommentsCameron MilesPhD Candidate, University of CambridgeUser is currently offlinePart 2: The Misapplication of VCLT Article 31(3)(b) As Tiina has already discussed, the use of the Supreme Court majority of VCLT Article 31(3)(b) with respect to the Framework Decision was flawed. The purpose of Part 2 of our shared thoughts is to demonstrate that, even if subsequent practice had been applicable to the interpretation of the term ...Jun 21 -
Assange v Swedish Prosecution Authority: the (mis)application of European and international law by the UK Supreme Court - Part I
Posted by Tiina Pajuste- 1 CommentTiina PajusteGuest has not set their biography yetUser is currently offlineVery little needs to be said by way of introduction to the recent decision of the Supreme Court of the United Kingdom in Assange v The Swedish Prosecution Authority ([2012] UKSC 22) the wider context of which is by now notorious. Very little needs to be said by way of introduction to the recent decision of the Supreme Court of the U ...Jun 20 -
Mayo v Prometheus: Patentable Subject Matter in the US Supreme Court
Posted by Julia Powles- 0 CommentsJulia PowlesPhD Candidate, University of CambridgeUser is currently offlineOn 20 March, the Supreme Court of the United States issued an important decision on patentable subject matter, Mayo Collaborative Services v Prometheus Laboratories Inc. Like the equally anticipated Bilski v Kappos (2010), the decision has potentially far-reaching consequences for patents in the bioscience and information technology ...Apr 11 -
Human Genome Sciences v Eli Lilly
Posted by Julia Powles- 0 CommentsJulia PowlesPhD Candidate, University of CambridgeUser is currently offlineHuman Genome Sciences v Eli Lilly [2011] UKSC 51 On Wednesday, the Supreme Court of the United Kingdom issued its first decision in the field of patents and the first major consideration of the requirement that an invention be susceptible of industrial application. The decision involved a concerted effort by the Court to align ...Nov 04 -
Show all entries from International Law in Municipal Courts
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Conveying Complexity: Martti Koskenniemi on the Cambridge Companion to International Law
Posted by Bart Smit Duijzentkunst- 0 CommentsBart Smit DuijzentkunstCJICL EditorUser is currently offline*Following professor Crawford’s “Cover Story”, the CJICL blog discusses the Cambridge Companion to International Law with co-editor professor Martti Koskenniemi, to learn about the aims of the book, his personal project and the collaboration between international law’s leading positivist and its most articulate crit.* *Following professor Crawford ...Feb 03 -
The Cambridge Companion to International Law: A Cover Story Featured
Posted by James Crawford- 0 CommentsJames CrawfordWhewell Professor of International Law, University of CambridgeUser is currently offline*On 26 January 2012, professors James Crawford and Martti Koskenniemi presented their Cambridge Companion to International Law at the Law Faculty of Cambridge University. Both co-editors shared their vision on this remarkable book with the Cambridge Journal of International and Comparative Law. Today, professor Crawford tells us his "Cove ...Jan 28 -
Show all entries from Interviews
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The Ngudjolo-Judgment, Cultural Imprint and Modes of Liability: How Domestic is International Criminal Law?
Posted by Andreas Herzig- 0 CommentsAndreas HerzigAndreas Herzig, LL.M. Public International Law (Leiden)User is currently offlineFor the International Criminal Court (ICC), the year 2012 ended with a bang: on 18 December, Trial Chamber II acquitted Mathieu Ngudjolo Chui, who had been accused of committing war crimes and crimes against humanity in the Democratic Republic of the Congo in 2003. While the Court's first acquittal made the news primarily because of its political ...Jan 09 -
The ICC Trial Judgement in Prosecutor v. Ngudjolo: A Touch of Rigour in a World of Brutes
Posted by Henri Decoeur- 1 CommentHenri DecoeurHenri Decoeur is a PhD student at the Faculty of Law, Cambridge University.User is currently offline‘Mr Prosecutor, you did a poor job.’ This is, in barely exaggerated terms, the message implicit in the ICC trial chamber’s judgement of 18 December 2012, the second in the Court’s history. The judges unanimously acquitted Mathieu Ngudjolo Chui, charged with war crimes and crimes against humanity as indirect co-perpetrator for his alleged role in t ...Jan 07 -
The ICTY Appeals Judgement in Prosecutor v Gotovina and Markač: Scratching below the Surface
Posted by Henri Decoeur- 1 CommentHenri DecoeurHenri Decoeur is a PhD student at the Faculty of Law, Cambridge University.User is currently offlineAlongside the road on the Dalmatian coast, just a few miles away from Dubrovnik, the portrait of a man in uniform, with the Croatian coat of arms in the background, reminds all that here Colonel General Ante Gotovina is a national hero. Ante Gotovina, former Commander of the Split Military District of the Croatian Army (“HV”), is famous for having ...Nov 19 -
Contesting and Defending the Special Tribunal for Lebanon
Posted by Martin Wählisch- 0 CommentsMartin WählischVisiting fellow at the Lauterpacht Centre for International Law; Scholar in resiUser is currently offlineA few days ago, from June 13-14, 2012, the Special Tribunal for Lebanon (STL) held a historic hearing on the legality of its own creation. Established in 2007 through UN Security Council Resolution 1757, the Tribunal has provoked disagreements among Lebanese political parties and international lawyers about its foundation ever since. In early May 2 ...Jun 22 -
The first verdict of the ICC: a qualified success?
Posted by Jastine Barrett- 0 CommentsJastine BarrettJastine Barrett has not set their biography yetUser is currently offlineThe Lubanga verdict of the International Criminal Court was always going to be monumental: after all, it is the first decision delivered by the world’s first permanent criminal justice institution (albeit almost a decade after it came into being). Indeed, it is not only monumental in terms of its significance. After hearing 67 wit ...Mar 22 -
Show all entries from International Criminal Law
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Eurozone crisis: light at the end of the tunnel?
Posted by Michael Waibel- 0 CommentsMichael WaibelGuest has not set their biography yetUser is currently offlineAt the fourth Eurozone summit in six months, on 8 December 2011, 26 governments of the European Union agreed on a strengthened regime of ex ante fiscal rules and decided to move some way towards joint fiscal governance in the Eurozone. The UK was not prepared go along. With their long-term focus, these measures could substantially alleviate concern ...Jan 03 -
From sovereign crisis to banking crisis: transmission channels and policy responses for Greece and the eurozone
Posted by Valia Babis- 1 CommentValia BabisPhD Candidate, University of CambridgeUser is currently offlineThe global financial crisis of 2007 started within the financial sector. Sooner or later, governments became involved: they provided financial assistance to banks, adopted additional measures to prevent their economies from collapsing, and tightened supervision. In Greece, however, it was the other way around. Greek banks are (relatively) small, re ...Dec 07 -
Show all entries from International Economic Law
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Let flow all the waters? - The Indus Waters Kishenganga Arbitration Featured
Posted by Valentin Jeutner- 1 CommentValentin JeutnerPhD Candidate at the University of Cambridge.User is currently offlineThe Court of Arbitration is expected to render its decision in the Indus Waters Kishenganga Arbitration (Pakistan v. India) (sometimes spelled Kishanganga) in a few weeks. The arbitration has not made many headlines beyond the two countries concerned, although it could become a prime example of the peaceful settlement of disputes. This post aims to ...Dec 05 -
Show all entries from International Water Law