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The Enrica Lexie Incident: Jurisdiction in the Contiguous Zone? Iran’s “Troubling” UN Mission Appointment and America’s Host State Duties A Special Tribunal to Prosecute Individuals Involved in Organ Trafficking in Kosovo: Born to Fail? The ICJ’s Decision on Whaling in the Antarctic: Background and Implications In the interim in Strasbourg re: the crisis in Crimea
 

The Enrica Lexie Incident: Jurisdiction in the Contiguous Zone?

On 15 February 2012, two Italian marines on board an Italian-flagged vessel, the MV Enrica Lexie allegedly shot and killed two persons on board a fishing vessel, the St Antony. They had mistaken them for pirates. The two marines were subsequently arrested. The question before the Supreme Court of India was, primarily, whether the Union of India possessed […]

Iran’s “Troubling” UN Mission Appointment and America’s Host State Duties

The storming of the American embassy and the seizure of more than 50 Americans as hostages by militant protesters in Tehran in 1979 rightly provoked unanimous international opprobrium.  The Iranian government’s failure to protect the embassy premises, and its more proactive complicity in the flagrant violation of international law by endorsing the militants’ actions and […]

A Special Tribunal to Prosecute Individuals Involved in Organ Trafficking in Kosovo: Born to Fail?

Following rumours circulating on the Internet and in the corridors of Brussels, Associated Press and Reuters revealed on April 4th, 2014, that the European Union is planning to establish a special tribunal to prosecute members of the Kosovo Liberation Army (KLA) suspected of having been involved in organ harvesting and trafficking during the war with […]

The ICJ’s Decision on Whaling in the Antarctic: Background and Implications

On 31st of March 2014, the International Court of Justice (ICJ) delivered a landmark judgement in the case involving Australia, Japan and New Zealand. The subject matter of the case centred on the violation of international obligations enshrined in the International Convention for the Regulation of Whaling. In 2010 Australia filed an application with the […]

In the interim in Strasbourg re: the crisis in Crimea

On March 13, 2014, Ukraine filed an inter-State application under Article 33 of the European Convention of Human Rights (“ECHR” or the “Convention”) against the Russian Federation in the European Court of Human Rights (“ECtHR”). Simultaneously, Ukraine submitted a request to impose interim measures against Russia. After reviewing such request, the President of the Court’s […]

The Enrica Lexie Incident: Jurisdiction in the Contiguous Zone?

19 April 2014

On 15 February 2012, two Italian marines on board an Italian-flagged vessel, the MV Enrica Lexie allegedly shot and killed two persons on board a fishing vessel, the St Antony. They had mistaken them for pirates. The two marines were subsequently arrested. The question before the Supreme Court of India was, primarily, whether the Union of India possessed […]

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Posted in Current Affairs, Domestic Courts, Sea and Water, Territory, Treaties0 Comments

Iran’s “Troubling” UN Mission Appointment and America’s Host State Duties

16 April 2014

The storming of the American embassy and the seizure of more than 50 Americans as hostages by militant protesters in Tehran in 1979 rightly provoked unanimous international opprobrium.  The Iranian government’s failure to protect the embassy premises, and its more proactive complicity in the flagrant violation of international law by endorsing the militants’ actions and […]

Read the full story

Posted in Current Affairs, Treaties0 Comments

A Special Tribunal to Prosecute Individuals Involved in Organ Trafficking in Kosovo: Born to Fail?

05 April 2014

Following rumours circulating on the Internet and in the corridors of Brussels, Associated Press and Reuters revealed on April 4th, 2014, that the European Union is planning to establish a special tribunal to prosecute members of the Kosovo Liberation Army (KLA) suspected of having been involved in organ harvesting and trafficking during the war with […]

Read the full story

Posted in Current Affairs, Human Rights0 Comments

The ICJ’s Decision on Whaling in the Antarctic: Background and Implications

02 April 2014

On 31st of March 2014, the International Court of Justice (ICJ) delivered a landmark judgement in the case involving Australia, Japan and New Zealand. The subject matter of the case centred on the violation of international obligations enshrined in the International Convention for the Regulation of Whaling. In 2010 Australia filed an application with the […]

Read the full story

Posted in Current Affairs, Sea and Water, Territory0 Comments

In the interim in Strasbourg re: the crisis in Crimea

27 March 2014

On March 13, 2014, Ukraine filed an inter-State application under Article 33 of the European Convention of Human Rights (“ECHR” or the “Convention”) against the Russian Federation in the European Court of Human Rights (“ECtHR”). Simultaneously, Ukraine submitted a request to impose interim measures against Russia. After reviewing such request, the President of the Court’s […]

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Posted in Current Affairs, Human Rights0 Comments

Call for Submissions: CJICL Vol. 3(4)

26 March 2014

The Cambridge Journal of International and Comparative Law (CJICL) is an open access, double-blind peer reviewed journal run by members of the PhD and wider postgraduate community of the University of Cambridge Faculty of Law. The Editorial Board is pleased to invite submissions for its third volume. General call for submissions – comparative and international […]

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Posted in Current Affairs2 Comments

CJICL Vol. 2(4) Now Published

25 March 2014

The CJICL has just published Vol. 2(4) – the 2013 Conference Issue. All articles of this latest issue can be accessed in the journal archive and will be uploaded to the bookshelf very soon. The following is the editorial of the issue’s editors Jasmine Moussa and Bart L. Smit Smit Duijzentkunst. The French say that […]

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Posted in Conferences, Current Affairs0 Comments

Mapping Developments in Ukraine from the Perspective of International Law

12 March 2014

The spread of violence and political instability in Ukraine over the past several months, and the consequent political transformation in the country, test many fundamental and emerging norms of international law. First, various secession forces in Crimea espouse the doctrine of self-determination as legal rationale for secessionist rhetoric. Second, Russia’s likely indirect support of what […]

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Posted in Current Affairs, Human Rights, Int'l Legal Theory, Land, Sea and Water, Territory, Treaties1 Comment

Crimea’s Secession and Why Russia’s Use of Force Does Not Matter

12 March 2014

In his famous New York Times opinion piece last year, Russian President Vladimir Putin described rather elegantly the foreign policy of a nation that respects the international law prohibition on the use of force. In the context of the United States’ imminent military intervention in Syria, he claimed: ‘We are not protecting the Syrian government, […]

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Posted in Current Affairs, Human Rights, Land, Territory, War2 Comments

Jurisdiction of US Federal Courts on Non-US-based Companies for Violations of Human Rights

12 March 2014

Practitioners and academics interested in litigation against foreign companies for violations of human rights happening outside the United States (US) would likely have paid attention to the US Supreme Court of the United States lately. In the last couple of months, the Court has decided two important cases regarding federal courts’ jurisdiction over foreign companies […]

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Posted in Current Affairs, Domestic Courts, Human Rights1 Comment

Russia May Invoke Force Majeure Clause of New START in Response to Possible US Sanctions

09 March 2014

According to press reports, a senior Russian military spokesperson has announced that Russia may invoke force majeure clauses in arms reduction treaties to restrict foreign inspection visits in Russia. In 2010, Russia and the US signed the New START treaty pursuant to which the nations committed to make cuts in their respective nuclear arsenals.   The […]

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Posted in Current Affairs, Land, Territory, Treaties4 Comments

Crimean Secession: No Right to Divorce

09 March 2014

In the beginning of March this year the topic of secession and self-determination in international law became once more topical. This time the wind of territorial change blows from Eastern Europe. In view of recent developments in Ukraine and, in particular in Crimea, the news hardly comes as a surprise to anybody. On 6 March […]

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Posted in Current Affairs, Domestic Courts, Human Rights, Land, Territory, Treaties, War1 Comment

John Quigley: Finding a Way Forward for Crimea

05 March 2014

This is an updated version of yesterday’s post in the same matter, taking into account today’s vote of the Crimean Parliament to separate from Ukraine. The current situation in Crimea can of course be analyzed from the standpoint of use of force under international law, but other aspects merit attention as well. In particular, if one approaches […]

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Posted in Current Affairs, Human Rights, Land, Territory, Treaties, War2 Comments

(Un)Invited Guests: The Validity of Russia’s Argument on Intervention by Invitation

05 March 2014

On 3 March 2014 at the emergency UN Security Council meeting on Ukraine, called by Russia to set out in detail its policy, Russia’s UN ambassador clarified that Moscow does not consider returning Yanukovych to power as its task (even though Russian president Vladimir Putin outlined during his press-conference, held on 4th March, that Viktor Yanukovich […]

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Posted in Current Affairs, Human Rights, Land, Territory, War0 Comments

Appeal from the Ukrainian Association of International Law

05 March 2014

The following is an appeal from the Ukrainian Association of International Law. The text was first published on EuroMaidanPR. A more extensive list of signatories can be found here. An Appeal from the Ukrainian Association of International Law to the people of Ukraine, the Russian Federation and the fraternal people of the neighboring States with whom […]

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Posted in Current Affairs, Human Rights, Land, Territory, War0 Comments

A minimal proceduralist argument against Crimean independence

03 March 2014

As the Ukrainian crisis continues to unfold, attention has shifted from the deposed president Viktor Yanukovych to the Crimea peninsula.  Crimea has an ethnic Russian majority and as such are much less sympathetic to the pro-Western uprising that toppled Yanukovych (see the very useful maps posted here).  Now the Russian military has occupied the region, […]

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Posted in Current Affairs, Human Rights, Int'l Legal Theory, Land, Territory, War0 Comments

Swiss accept initiative to “Stop Mass Immigration”: Legal Implications (Part III)

28 February 2014

The recent success of Switzerland’s popular initiative aimed at stopping “mass immigration” came as an irritating surprise and might have caused some confusion. A closer look at the newly adopted constitutional text (an English translation of the text is available here), however, shows that while its prose is ample, its legal reach is surprisingly narrow. […]

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Posted in Current Affairs, Domestic Courts0 Comments

Swiss accept initiative to “Stop Mass Immigration”: Legal Implications (Part II)

27 February 2014

Switzerland’s political system is shaped around direct democratic participation: Four Sundays a year, Swiss citizens, 18 years or older, get to voice their opinion on constitutional amendments and revisions of federal laws. The Ne Plus Ultra of this participative democracy is the “Popular initiative requesting a partial revision of the Federal Constitution in specific terms” […]

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Posted in Current Affairs, Domestic Courts0 Comments

CJICL Conference: Registration now open

Registration for the CJICL Conference 2014 is now open! Conference highlights include a keynote address by Judge Kenneth Keith of the International Court of Justice and a debate between Judge Angelika Nussberger (European Court of Human Rights) and Lord Kerr (Supreme Court of the United Kingdom). Tickets can be purchased on the Conference Website.

A provisional Conference Programme is now accessible here. Conference abstracts can be accessed here.

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Contact the CJICL

General enquiries: editors@cjicl.org.uk

Conference enquiries: conference@cjicl.org.uk

CJICL Online enquiries: blog@cjicl.org.uk

 

For journal submissions use this form. The blog team welcomes submissions at: blog@cjicl.org.uk