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Welcoming address by the Editors-in-Chief (Marno Swart and Renatus Otto Franz Derler) (00:00)Welcoming address by the Honorary Editor-in-Chief (Dr Rumiana Yotova, Assistant Professor in International Law) (04:49)Introduction (08:10)Keynote address 1 – Judge Bogdan Aurescu, International Court of Justice: 'Lessons Learned: the Recent Activity of the International Court of Justice; the Work of the International Law Commission on Sea-Level Rise in Relation to International Law' (10:21)This is a recording from the events of the 14th Annual Cambridge International Law ConferenceThis is a collection of recordings from the events of the 14th Annual Cambridge International Law Conference, held under the title 'Navigating a Multipolar World: Challenges to the Post-WWII Status Quo of International Law' on 28 & 29 April 2025 at the Faculty of Law, University of Cambridge.For more information about the conference, and the Journal, see: http://cilj.co.uk/
Welcoming address by the Editors-in-Chief (Marno Swart and Renatus Otto Franz Derler) (00:00)Welcoming address by the Honorary Editor-in-Chief (Dr Rumiana Yotova, Assistant Professor in International Law) (04:49)Introduction (08:10)Keynote address 1 – Judge Bogdan Aurescu, International Court of Justice: 'Lessons Learned: the Recent Activity of the International Court of Justice; the Work of the International Law Commission on Sea-Level Rise in Relation to International Law' (10:21)This is a recording from the events of the 14th Annual Cambridge International Law ConferenceThis is a collection of recordings from the events of the 14th Annual Cambridge International Law Conference, held under the title 'Navigating a Multipolar World: Challenges to the Post-WWII Status Quo of International Law' on 28 & 29 April 2025 at the Faculty of Law, University of Cambridge.For more information about the conference, and the Journal, see: http://cilj.co.uk/
Join us for an episode recorded in August 2024, with Huw Llewellyn, the former Director of the Codification Division of the United Nations Office of Legal Affairs and former Secretary to the International Law Commission (ILC), in a conversation about the evolution of international law. We cover the history of the ILC, its role in the evolution of international law, and its relationship with the UN Sixth Committee. Huw shares insights from his 42-year career, revealing the Commission's approach to codification and progressive development of the law. The episode also explores the historical milestones that shaped international law, from the Peace of Westphalia in 1648 to the League of Nations. Huw talks about how stability and change in international relations is reflected in the work of the ILC, tells us more about the Commission's achievements over 75 years, and new areas of work on the agenda including the topic of sea level rise. We conclude with a personal glimpse into Huw's retirement plans and his recommendations for crime thriller enthusiasts (Lee Child and Martin Walker)! Resources: Ask a Librarian! International Law Commission: https://legal.un.org/ilc/ Resource guide: https://libraryresources.unog.ch/legal/legal/ILC Where to listen to this episode Apple podcasts: https://podcasts.apple.com/us/podcast/the-next-page/id1469021154 Spotify: https://open.spotify.com/show/10fp8ROoVdve0el88KyFLy YouTube: https://youtu.be/FZX3y3SADV4 Content Guest: Huw Llewellyn Host: Amy Smith, UN Library & Archives Geneva Production and editing: Amy Smith Recorded & produced at the United Nations Library & Archives Geneva
Im Dezember letzten Jahres hat mit dem rumänischen Verfassungsgericht erstmalig ein Gericht eine Wahl aufgrund einer ausländischen Einflusskampagne in sozialen Netzwerken annulliert. Die Debatte über den Schutz von Wahlen vor ausländischer Einflussnahme ist alt und wurde schon zu Zeiten des Kalten Kriegs geführt, doch hat mit der zunehmenden Bedeutung globaler Kommunikationsplattformen spätestens seit dem Brexit und der Wahl von Donald Trump im Jahr 2016 neue Fahrt aufgenommen. Immer wieder wird aktuell betont, dass aktuelle geopolitische Konflikte „hybrid“ ausgetragen werden und dass Kriegsführung auch im Informationsraum stattfindet. Aus diesem Anlass spricht Erik Tuchtfeld in dieser Folge mit Henning Lahmann über den völkerrechtlichen Schutz der Integrität von Wahlen, der Zurechenbarkeit nicht-staatlichen Handelns zu Staaten und den Kausalitätsproblemen, die sich bei rein kognitiven Maßnahmen ergeben.Diese Herausforderungen nimmt Isabel Lischewski zum Anlass, die Draft Articles on Responsibility of States for Internationally Wrongful Acts (ASR) sowie die Arbeit der International Law Commission, die sie entworfen hat, im Grundlagenteil vorzustellen.Wir freuen uns über jede Rückmeldung! Wie immer sind natürlich Lob, Anmerkungen und Kritik auch an podcast@voelkerrechtsblog.org herzlich willkommen. Abonniert unseren Podcast via RSS, über Spotify oder überall dort, wo es Podcasts gibt. Es gibt die Möglichkeit, auf diesen Plattformen den Völkerrechtspodcast zu bewerten, wir freuen uns sehr über 5 Sterne! Hintergrundinformationen:Lahmann, Information Operations and the Question of Illegitimate Interference under International Law, Israel Law Review 2020, 189Lahmann, Infecting the Mind: Establishing Responsibility for Transboundary Disinformation, European Journal of International Law 2022, 411Lahmann, European Security and the Threat of “Cognitive Warfare”', Verfassungsblog, 3. November 2024Milanovic, Revisiting Coercion as an Element of Prohibited Intervention in International Law, American Journal of International Law 2023, 601Völkerrechtspodcast, Folge 1: Das Interventionsverbot: Von Nicaragua bis BelarusVölkerrechtspodcast, Folge 6: (Des-)information: Wahrheit und Fake News im Völkerrecht Moderation: Erik Tuchtfeld, LL.M (Glasgow) & Rouven Diekjobst, MJur (Oxford)Grundlagen: Dr. Isabel LischewskiInterview: Prof. Henning Lahmann & Erik Tuchtfeld, LL.M (Glasgow) Schnitt: Daniela Rau Credits:Renate Künast, Bundestag, Aktuelle Stunde: Schutz der Bundestagswahl vor ausländischer Einflussnahme, 30. Januar 2025, gefunden mit Hilfe von Open Parliament TV
Panel: '(Non-)Defining 'Gender' in the Crimes Against Humanity Draft: Possibilities, Alliances, and Strategies'Feminist activists, country representatives, and other civil society actors have debated how to define “gender” in international criminal law (ICL) for at least three decades. In the Rome Conference that established the International Criminal Court (ICC) and its Statute in 1998, defining “gender” was a hotly debated topic of negotiation. More recently, this debate has resurfaced in the steps leading to the International Law Commission's Draft Articles for a Crimes Against Humanity Treaty, and continues to be discussed in the deliberations at the Sixth Committee on the Draft Articles. The CAH Convention is now expected to be negotiated between 2026-2029, and, more than a mere point of contention, the concept of ‘gender' in its text can be crucial for prosecuting sexual and gender-based international crimes and thus fundamental to gender justice efforts worldwide. With this in mind, this roundtable gathers scholars and activists studying and working (often simultaneously) on the definition of gender in international criminal law, in an effort to learn from their specific positionalities, perceptions, and experiences about the challenges, strategies, and possibilities for (non-)defining the term.https://www.lcil.cam.ac.uk/press/events/2025/02/panel-queering-gender-crimes-against-humanity-draft-possibilities-alliances-and-strategies
Panel: '(Non-)Defining 'Gender' in the Crimes Against Humanity Draft: Possibilities, Alliances, and Strategies'Feminist activists, country representatives, and other civil society actors have debated how to define “gender” in international criminal law (ICL) for at least three decades. In the Rome Conference that established the International Criminal Court (ICC) and its Statute in 1998, defining “gender” was a hotly debated topic of negotiation. More recently, this debate has resurfaced in the steps leading to the International Law Commission's Draft Articles for a Crimes Against Humanity Treaty, and continues to be discussed in the deliberations at the Sixth Committee on the Draft Articles. The CAH Convention is now expected to be negotiated between 2026-2029, and, more than a mere point of contention, the concept of ‘gender' in its text can be crucial for prosecuting sexual and gender-based international crimes and thus fundamental to gender justice efforts worldwide. With this in mind, this roundtable gathers scholars and activists studying and working (often simultaneously) on the definition of gender in international criminal law, in an effort to learn from their specific positionalities, perceptions, and experiences about the challenges, strategies, and possibilities for (non-)defining the term.https://www.lcil.cam.ac.uk/press/events/2025/02/panel-queering-gender-crimes-against-humanity-draft-possibilities-alliances-and-strategies
Panel: '(Non-)Defining 'Gender' in the Crimes Against Humanity Draft: Possibilities, Alliances, and Strategies'Feminist activists, country representatives, and other civil society actors have debated how to define “gender” in international criminal law (ICL) for at least three decades. In the Rome Conference that established the International Criminal Court (ICC) and its Statute in 1998, defining “gender” was a hotly debated topic of negotiation. More recently, this debate has resurfaced in the steps leading to the International Law Commission's Draft Articles for a Crimes Against Humanity Treaty, and continues to be discussed in the deliberations at the Sixth Committee on the Draft Articles. The CAH Convention is now expected to be negotiated between 2026-2029, and, more than a mere point of contention, the concept of ‘gender' in its text can be crucial for prosecuting sexual and gender-based international crimes and thus fundamental to gender justice efforts worldwide. With this in mind, this roundtable gathers scholars and activists studying and working (often simultaneously) on the definition of gender in international criminal law, in an effort to learn from their specific positionalities, perceptions, and experiences about the challenges, strategies, and possibilities for (non-)defining the term.https://www.lcil.cam.ac.uk/press/events/2025/02/panel-queering-gender-crimes-against-humanity-draft-possibilities-alliances-and-strategies
Speaker: Arman Sarvarian, University of SurreyDate: Friday Lunchtime Lecture: Friday 31 January 2025Dr Arman Sarvarian will speak about his forthcoming monograph The Law of State Succession: Principles and Practice to be published by Oxford University Press in April. The product of seven years' labour of approximately 170,000 words, the work includes a foreword by Professor August Reinisch of the University of Vienna and International Law Commission. The following is the summary of Oxford University Press:'The Law of State Succession: Principles and Practice provides a comprehensive, practical, and empirical overview of the topic, establishing State succession as a distinct field with a cohesive set of rules.From the secession of the United States of America in 1784 to that of South Sudan in 2011, the book digests and analyses State practice spanning more than two centuries. It is based on research into a wide and diverse range of case studies, including archival and previously unpublished data. Reconstructing the intellectual foundation of the field, the book offers a vision for its progressive development - one that is rooted in an interpretation of State practice that transcends the politics of the codification projects in the decolonization and desovietization eras.The book examines international law on State succession with respect to territorial rights and obligations, State property (including archives) and debt, treaties, international claims and responsibility, as well as nationality and private property (including concessions and investments). Its central focus is identifying the general rules of international law in order to guide States in the negotiation of succession agreements, the interpretation of ambiguous or incomplete provisions, and the regulation of succession in default of specific agreement.A highly relevant work, The Law of State Succession offers governments, judges, legal practitioners, and scholars an authoritative account of the current law. It enables negotiators to identify different legal paths within succession and assists adjudicators in interpreting provisions of succession agreements and regulating questions omitted from such agreements.' The book is available for pre-order at the OUP website.Dr Arman Sarvarian a public international lawyer in academia and private practice. A Reader in Public International Law at the University of Surrey, he regularly acts as legal adviser and counsel to States, companies and individuals. He is counsel to the Republic of Côte d'Ivoire in the pending Obligations of States in respect of Climate Change advisory proceedings of the International Court of Justice and counsel in two pending investor-State arbitrations. Since 2019, he has served as legal adviser to the Republic of Armenia at the Legal Committee of the UN General Assembly for the annual reports of the International Law Commission and International Court of Justice as well as multilateral negotiations on reform of investor-State arbitration in Working Group III of the UN Commission on International Trade Law. He served as judge ad hoc in the Grand Chamber of the European Court of Human Rights in 2020.A generalist of broad interests and expertise, his first monograph Professional Ethics at the International Bar (Oxford University Press, International Courts and Tribunals Series, 19 September 2013) was the first comprehensive work on the subject and has been widely cited, including in proceedings before the International Tribunal for the Law of the Sea, investment arbitrations and the International Court of Justice. His second monograph The Law of State Succession: Principles and Practice will be published by Oxford University Press in April 2025. He is a Humboldt Research Fellow in Climate Change Law at the University of Kiel from 2024 to 2026. Chair: Dr Jamie Trinidad, Centre Fellow
Speaker: Arman Sarvarian, University of SurreyDate: Friday Lunchtime Lecture: Friday 31 January 2025Dr Arman Sarvarian will speak about his forthcoming monograph The Law of State Succession: Principles and Practice to be published by Oxford University Press in April. The product of seven years' labour of approximately 170,000 words, the work includes a foreword by Professor August Reinisch of the University of Vienna and International Law Commission. The following is the summary of Oxford University Press:'The Law of State Succession: Principles and Practice provides a comprehensive, practical, and empirical overview of the topic, establishing State succession as a distinct field with a cohesive set of rules.From the secession of the United States of America in 1784 to that of South Sudan in 2011, the book digests and analyses State practice spanning more than two centuries. It is based on research into a wide and diverse range of case studies, including archival and previously unpublished data. Reconstructing the intellectual foundation of the field, the book offers a vision for its progressive development - one that is rooted in an interpretation of State practice that transcends the politics of the codification projects in the decolonization and desovietization eras.The book examines international law on State succession with respect to territorial rights and obligations, State property (including archives) and debt, treaties, international claims and responsibility, as well as nationality and private property (including concessions and investments). Its central focus is identifying the general rules of international law in order to guide States in the negotiation of succession agreements, the interpretation of ambiguous or incomplete provisions, and the regulation of succession in default of specific agreement.A highly relevant work, The Law of State Succession offers governments, judges, legal practitioners, and scholars an authoritative account of the current law. It enables negotiators to identify different legal paths within succession and assists adjudicators in interpreting provisions of succession agreements and regulating questions omitted from such agreements.' The book is available for pre-order at the OUP website.Dr Arman Sarvarian a public international lawyer in academia and private practice. A Reader in Public International Law at the University of Surrey, he regularly acts as legal adviser and counsel to States, companies and individuals. He is counsel to the Republic of Côte d'Ivoire in the pending Obligations of States in respect of Climate Change advisory proceedings of the International Court of Justice and counsel in two pending investor-State arbitrations. Since 2019, he has served as legal adviser to the Republic of Armenia at the Legal Committee of the UN General Assembly for the annual reports of the International Law Commission and International Court of Justice as well as multilateral negotiations on reform of investor-State arbitration in Working Group III of the UN Commission on International Trade Law. He served as judge ad hoc in the Grand Chamber of the European Court of Human Rights in 2020.A generalist of broad interests and expertise, his first monograph Professional Ethics at the International Bar (Oxford University Press, International Courts and Tribunals Series, 19 September 2013) was the first comprehensive work on the subject and has been widely cited, including in proceedings before the International Tribunal for the Law of the Sea, investment arbitrations and the International Court of Justice. His second monograph The Law of State Succession: Principles and Practice will be published by Oxford University Press in April 2025. He is a Humboldt Research Fellow in Climate Change Law at the University of Kiel from 2024 to 2026. Chair: Dr Jamie Trinidad, Centre Fellow
Speaker: Arman Sarvarian, University of SurreyDate: Friday Lunchtime Lecture: Friday 31 January 2025Dr Arman Sarvarian will speak about his forthcoming monograph The Law of State Succession: Principles and Practice to be published by Oxford University Press in April. The product of seven years' labour of approximately 170,000 words, the work includes a foreword by Professor August Reinisch of the University of Vienna and International Law Commission. The following is the summary of Oxford University Press:'The Law of State Succession: Principles and Practice provides a comprehensive, practical, and empirical overview of the topic, establishing State succession as a distinct field with a cohesive set of rules.From the secession of the United States of America in 1784 to that of South Sudan in 2011, the book digests and analyses State practice spanning more than two centuries. It is based on research into a wide and diverse range of case studies, including archival and previously unpublished data. Reconstructing the intellectual foundation of the field, the book offers a vision for its progressive development - one that is rooted in an interpretation of State practice that transcends the politics of the codification projects in the decolonization and desovietization eras.The book examines international law on State succession with respect to territorial rights and obligations, State property (including archives) and debt, treaties, international claims and responsibility, as well as nationality and private property (including concessions and investments). Its central focus is identifying the general rules of international law in order to guide States in the negotiation of succession agreements, the interpretation of ambiguous or incomplete provisions, and the regulation of succession in default of specific agreement.A highly relevant work, The Law of State Succession offers governments, judges, legal practitioners, and scholars an authoritative account of the current law. It enables negotiators to identify different legal paths within succession and assists adjudicators in interpreting provisions of succession agreements and regulating questions omitted from such agreements.' The book is available for pre-order at the OUP website.Dr Arman Sarvarian a public international lawyer in academia and private practice. A Reader in Public International Law at the University of Surrey, he regularly acts as legal adviser and counsel to States, companies and individuals. He is counsel to the Republic of Côte d'Ivoire in the pending Obligations of States in respect of Climate Change advisory proceedings of the International Court of Justice and counsel in two pending investor-State arbitrations. Since 2019, he has served as legal adviser to the Republic of Armenia at the Legal Committee of the UN General Assembly for the annual reports of the International Law Commission and International Court of Justice as well as multilateral negotiations on reform of investor-State arbitration in Working Group III of the UN Commission on International Trade Law. He served as judge ad hoc in the Grand Chamber of the European Court of Human Rights in 2020.A generalist of broad interests and expertise, his first monograph Professional Ethics at the International Bar (Oxford University Press, International Courts and Tribunals Series, 19 September 2013) was the first comprehensive work on the subject and has been widely cited, including in proceedings before the International Tribunal for the Law of the Sea, investment arbitrations and the International Court of Justice. His second monograph The Law of State Succession: Principles and Practice will be published by Oxford University Press in April 2025. He is a Humboldt Research Fellow in Climate Change Law at the University of Kiel from 2024 to 2026. Chair: Dr Jamie Trinidad, Centre Fellow
Climate Change and the Law of the SeaSea level rise due to climate change will directly impact at least 70 countries, many of them small, low-lying island nations. Though their contribution to climate change is very little, they face some of its worst consequences. This is not a new issue, and tension has been building since the late 1980s. In 1989, the Maldives, an island nation in the Indian Ocean, issued an international declaration, the first of its kind, calling attention to sea level rise due to climate change, and how it impacts its land. Island states often have small land area, but, under international law, have jurisdiction over a larger area of their surrounding seas for economic purposes. What if an island loses territory due to sea level rise? If so, it could lose its economic zone. This is also a national security question; could another nation then legally take over this economic zone? Currently, the international law framework, called the Law of the Sea, does not answer these questions even though the livelihoods of millions are at issue. A 2021 declaration by Pacific Island nations calls for maritime boundaries to stay where they are now regardless of sea level rise. However, this requires the endorsement of other nations. The United Nations, up until now, has paid comparatively little attention to this issue, but, through its study group on sea-level rise, the UN is aiming to engage non-low-lying island nations, and attempt to resolve these and other questions. Climate Refugees Need Protected Status Under the LawBy 2050, there could be 1.2 billion climate refugees, according to the international think tank International Environmental Partnership. But these refugees often do not fit the legal definition of “refugee”, including individuals displaced in the United States. Becoming a “refugee” under the law confers special status; it protects from deportation, for example. In 2013, a man from Kiribati, a country undergoing severe sea level rise, applied for refugee status as a “climate refugee” in New Zealand. His application was denied, and he was repatriated to Kiribati. The man subsequently filed a complaint with the UN Convent of Civil Liberties, claiming his right to life had been violated. The man lost his case, because his life was not found to be under immediate danger. However, the wording of the UN's ruling in the case asserts that those fleeing a climate crisis cannot be sent home, thereby creating a non-binding international construct. This case illustrates some of the complexities raised by climate refugees and how they are currently viewed in many of the world's legal systems. Sea level rise is not only an issue of the future but already an issue of the present. Who is Dr. Nilufer Oral?Dr. Nilufer Oral is director at the Center for International Law at the National University of Singapore. She is also a member of the International Law Commission at the United Nations and co-chair of the study group at the UN on sea level rise in relation to international law. Read MoreSink or swim: Can island states survive the climate crisis? | | UN NewsStatement by Ms. Nilüfer Oral, Co-Chairs of the Study Group on Sea level rise -- Interaction with members of the ILC 2020Nilufer Oral--COP 26International Law as an Adaptation Measure to Sea-level Rise and Its Impacts on Islands and Offshore Features | Request PDF For a transcript, please visit https://climatebreak.org/adapting-ocean-governance-for-a-world-of-rising-seas-with-dr-nilufar-oral/
Lecture summary: Part 1 of the Lecture focuses on the development of the right to self-determination as a rule of customary international law and its application to the Chagos Archipelago, Africa and the Commonwealth Caribbean. The adoption of Resolution 1514 by the General Assembly of the United Nations on December 14, 1960 was a decisive element in the development of the customary character of the right to self-determination. After that transformational development it was colonial peoples, not colonial powers, who determined their independence and its form e.g. whether based on a republican system or a UK parliamentary system. Thus, after that time the colonial powers were under an obligation to respect the right of colonial peoples to ‘freely determine their political status', and any breach of that obligation would entail their international responsibility. Part 11 addresses the status of the right to self-determination as a norm of jus cogens, and concludes that on the basis of the relevant evidentiary material, the right to self-determination is a peremptory norm of general international law. Part 111 focuses on the right to self-determination in relation to the Occupied Palestinian Territory. Disappointment is expressed at the lack of clarity in the ICJ's treatment in its recent Advisory Opinion of the jus cogens character of the right to self-determination in cases of foreign occupation. Speaker: Judge Patrick Robinson 1. In 1964 graduated from the University College of the West Indies -London with a Bachelor of Arts degree in English, Latin and Economics. 2. In 1968, called to the Bar at Middle Temple, in which year also completed the LLB degree from London University. In 1972, completed the LLM degree in International Law at Kings College, London University. 3. Jamaica's representative to the Sixth (Legal) Committee of the UN General Assembly from 1972 to 1998. Led treaty -making negotiations on behalf of Jamaica in several areas, including extradition, mutual legal assistance and investment promotion and protection. 4. From 1988 to 1995, served as a member of the Inter American Commission on Human Rights, including as the President in 1991. From 1991 to 1996, member of the International Law Commission. From 1995 to 1996, member of the Haiti Truth and Justice Commission. 5. In 1998 elected a Judge of the International Criminal Tribunal for the former Yugoslavia and served as the Tribunal's President from 2008 to 2011; presided over the trial of Slobodan Milosevic. 6. In 2020 appointed Honorary President of the American Society of International Law (ASIL); in that capacity, in collaboration with ASIL and the University of the West Indies, organized two International Symposia which led to the launch on June 8, 2023 of the historic Report on Reparations for Transatlantic Chattel Slavery (TCS) in the Americas and the Caribbean, which quantified for the first time the reparations due from the practice of TCS in the Caribbean, Central America, South America and North America. 7. Elected a Judge of the International Court of Justice in 2014 and demitted office on February 5, 2024. The Eli Lauterpacht Lecture was established after Sir Eli's death in 2017 to celebrate his life and work. This lecture takes place on a Friday at the Centre at the start of the Michaelmas Term in any academic year. These lectures are kindly supported by Dr and Mrs Ivan Berkowitz who are Principal Benefactors of the Centre.
Lecture summary: Part 1 of the Lecture focuses on the development of the right to self-determination as a rule of customary international law and its application to the Chagos Archipelago, Africa and the Commonwealth Caribbean. The adoption of Resolution 1514 by the General Assembly of the United Nations on December 14, 1960 was a decisive element in the development of the customary character of the right to self-determination. After that transformational development it was colonial peoples, not colonial powers, who determined their independence and its form e.g. whether based on a republican system or a UK parliamentary system. Thus, after that time the colonial powers were under an obligation to respect the right of colonial peoples to ‘freely determine their political status’, and any breach of that obligation would entail their international responsibility. Part 11 addresses the status of the right to self-determination as a norm of jus cogens, and concludes that on the basis of the relevant evidentiary material, the right to self-determination is a peremptory norm of general international law. Part 111 focuses on the right to self-determination in relation to the Occupied Palestinian Territory. Disappointment is expressed at the lack of clarity in the ICJ’s treatment in its recent Advisory Opinion of the jus cogens character of the right to self-determination in cases of foreign occupation. Speaker: Judge Patrick Robinson 1. In 1964 graduated from the University College of the West Indies -London with a Bachelor of Arts degree in English, Latin and Economics. 2. In 1968, called to the Bar at Middle Temple, in which year also completed the LLB degree from London University. In 1972, completed the LLM degree in International Law at Kings College, London University. 3. Jamaica’s representative to the Sixth (Legal) Committee of the UN General Assembly from 1972 to 1998. Led treaty -making negotiations on behalf of Jamaica in several areas, including extradition, mutual legal assistance and investment promotion and protection. 4. From 1988 to 1995, served as a member of the Inter American Commission on Human Rights, including as the President in 1991. From 1991 to 1996, member of the International Law Commission. From 1995 to 1996, member of the Haiti Truth and Justice Commission. 5. In 1998 elected a Judge of the International Criminal Tribunal for the former Yugoslavia and served as the Tribunal’s President from 2008 to 2011; presided over the trial of Slobodan Milosevic. 6. In 2020 appointed Honorary President of the American Society of International Law (ASIL); in that capacity, in collaboration with ASIL and the University of the West Indies, organized two International Symposia which led to the launch on June 8, 2023 of the historic Report on Reparations for Transatlantic Chattel Slavery (TCS) in the Americas and the Caribbean, which quantified for the first time the reparations due from the practice of TCS in the Caribbean, Central America, South America and North America. 7. Elected a Judge of the International Court of Justice in 2014 and demitted office on February 5, 2024. The Eli Lauterpacht Lecture was established after Sir Eli's death in 2017 to celebrate his life and work. This lecture takes place on a Friday at the Centre at the start of the Michaelmas Term in any academic year. These lectures are kindly supported by Dr and Mrs Ivan Berkowitz who are Principal Benefactors of the Centre.
Lecture summary: Part 1 of the Lecture focuses on the development of the right to self-determination as a rule of customary international law and its application to the Chagos Archipelago, Africa and the Commonwealth Caribbean. The adoption of Resolution 1514 by the General Assembly of the United Nations on December 14, 1960 was a decisive element in the development of the customary character of the right to self-determination. After that transformational development it was colonial peoples, not colonial powers, who determined their independence and its form e.g. whether based on a republican system or a UK parliamentary system. Thus, after that time the colonial powers were under an obligation to respect the right of colonial peoples to ‘freely determine their political status', and any breach of that obligation would entail their international responsibility. Part 11 addresses the status of the right to self-determination as a norm of jus cogens, and concludes that on the basis of the relevant evidentiary material, the right to self-determination is a peremptory norm of general international law. Part 111 focuses on the right to self-determination in relation to the Occupied Palestinian Territory. Disappointment is expressed at the lack of clarity in the ICJ's treatment in its recent Advisory Opinion of the jus cogens character of the right to self-determination in cases of foreign occupation. Speaker: Judge Patrick Robinson 1. In 1964 graduated from the University College of the West Indies -London with a Bachelor of Arts degree in English, Latin and Economics. 2. In 1968, called to the Bar at Middle Temple, in which year also completed the LLB degree from London University. In 1972, completed the LLM degree in International Law at Kings College, London University. 3. Jamaica's representative to the Sixth (Legal) Committee of the UN General Assembly from 1972 to 1998. Led treaty -making negotiations on behalf of Jamaica in several areas, including extradition, mutual legal assistance and investment promotion and protection. 4. From 1988 to 1995, served as a member of the Inter American Commission on Human Rights, including as the President in 1991. From 1991 to 1996, member of the International Law Commission. From 1995 to 1996, member of the Haiti Truth and Justice Commission. 5. In 1998 elected a Judge of the International Criminal Tribunal for the former Yugoslavia and served as the Tribunal's President from 2008 to 2011; presided over the trial of Slobodan Milosevic. 6. In 2020 appointed Honorary President of the American Society of International Law (ASIL); in that capacity, in collaboration with ASIL and the University of the West Indies, organized two International Symposia which led to the launch on June 8, 2023 of the historic Report on Reparations for Transatlantic Chattel Slavery (TCS) in the Americas and the Caribbean, which quantified for the first time the reparations due from the practice of TCS in the Caribbean, Central America, South America and North America. 7. Elected a Judge of the International Court of Justice in 2014 and demitted office on February 5, 2024. The Eli Lauterpacht Lecture was established after Sir Eli's death in 2017 to celebrate his life and work. This lecture takes place on a Friday at the Centre at the start of the Michaelmas Term in any academic year. These lectures are kindly supported by Dr and Mrs Ivan Berkowitz who are Principal Benefactors of the Centre.
Lecture summary: Part 1 of the Lecture focuses on the development of the right to self-determination as a rule of customary international law and its application to the Chagos Archipelago, Africa and the Commonwealth Caribbean. The adoption of Resolution 1514 by the General Assembly of the United Nations on December 14, 1960 was a decisive element in the development of the customary character of the right to self-determination. After that transformational development it was colonial peoples, not colonial powers, who determined their independence and its form e.g. whether based on a republican system or a UK parliamentary system. Thus, after that time the colonial powers were under an obligation to respect the right of colonial peoples to ‘freely determine their political status', and any breach of that obligation would entail their international responsibility. Part 11 addresses the status of the right to self-determination as a norm of jus cogens, and concludes that on the basis of the relevant evidentiary material, the right to self-determination is a peremptory norm of general international law. Part 111 focuses on the right to self-determination in relation to the Occupied Palestinian Territory. Disappointment is expressed at the lack of clarity in the ICJ's treatment in its recent Advisory Opinion of the jus cogens character of the right to self-determination in cases of foreign occupation. Speaker: Judge Patrick Robinson 1. In 1964 graduated from the University College of the West Indies -London with a Bachelor of Arts degree in English, Latin and Economics. 2. In 1968, called to the Bar at Middle Temple, in which year also completed the LLB degree from London University. In 1972, completed the LLM degree in International Law at Kings College, London University. 3. Jamaica's representative to the Sixth (Legal) Committee of the UN General Assembly from 1972 to 1998. Led treaty -making negotiations on behalf of Jamaica in several areas, including extradition, mutual legal assistance and investment promotion and protection. 4. From 1988 to 1995, served as a member of the Inter American Commission on Human Rights, including as the President in 1991. From 1991 to 1996, member of the International Law Commission. From 1995 to 1996, member of the Haiti Truth and Justice Commission. 5. In 1998 elected a Judge of the International Criminal Tribunal for the former Yugoslavia and served as the Tribunal's President from 2008 to 2011; presided over the trial of Slobodan Milosevic. 6. In 2020 appointed Honorary President of the American Society of International Law (ASIL); in that capacity, in collaboration with ASIL and the University of the West Indies, organized two International Symposia which led to the launch on June 8, 2023 of the historic Report on Reparations for Transatlantic Chattel Slavery (TCS) in the Americas and the Caribbean, which quantified for the first time the reparations due from the practice of TCS in the Caribbean, Central America, South America and North America. 7. Elected a Judge of the International Court of Justice in 2014 and demitted office on February 5, 2024. The Eli Lauterpacht Lecture was established after Sir Eli's death in 2017 to celebrate his life and work. This lecture takes place on a Friday at the Centre at the start of the Michaelmas Term in any academic year. These lectures are kindly supported by Dr and Mrs Ivan Berkowitz who are Principal Benefactors of the Centre.
In this episode, Erik Kucherenko speaks with Professor Dapo Akande, Oxford Chichele Professor of Public International Law, Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict, a Member of the UN International Law Commission. We discuss how the International Law Commission functions behind the scenes, how Professor Akande prepares for pleadings in the International Court of Justice, and how one of the biggest international law blogs (the European Journal of International Law) works from the inside.We also explore the latest trends in the development of international law, discussing in detail Professor Akande's opinion on the attempts to confiscate Russian sovereign assets and establish an ad hoc international criminal tribunal for the crime of aggression against Ukraine.Professor Akande also shares his current academic interests and how they evolved over time.
Richard Falk is an American professor emeritus of international law at Princeton University, and Euro-Mediterranean Human Rights Monitor's Chairman of the Board of Trustees. Falk has published extensively with multiple books written about international law and the United Nations. John Dugard is a South African professor of international law. His main academic specialisations are in Roman-Dutch law, public international law, jurisprudence, human rights, criminal procedure and international criminal law. He has served on the International Law Commission, the primary UN institution for the development of international law, and has been active in reporting on human-rights violations by Israel in the Palestinian territories. Michael Lynk is Associate Professor at the Faculty of Law, Western University, London, Ontario, Canada, and was the United Nations Human Rights Council Special Rapporteur for the human rights situation in the Palestinian Territory occupied since 1967.
Carlotta Bruessel brings her fascinating experience of qualifying in both civil law and common law to Japan in the area of international arbitration. This is a story of an unusual career path in the law which is so important to hear. Carlotta is also passionate about connections and collaborations so it is exciting to see her idea to form a club to help bring young arbitrators in Japan together to share their expertise and have fun too. If you enjoyed this episode and it inspired you in some way, we'd love to hear about it and know your biggest takeaway. Head over to Apple Podcasts to leave a review and we'd love it if you would leave us a message here! In this episode you'll hear: How Carlotta has had quite the international itinerary before coming to Japan to a Big Four Japanese law firm The combination of civil law and common law that is bringing her an exciting career in international arbitration Carlotta shares her tips on how to master your Zoom interview for landing a legal role in Japan Carlotta's main mantra she has for every single day adjusting to her life in Japan Her favourite cafe, books and other fun facts About Carlotta Carlotta Bruessel, is an arbitration practitioner working for Nishimura & Asahi as a Gaikokuho Jimu Bengoshi to represent Japanese and international companies. At Nishimura & Asahi her practice focuses particularly on the pharmaceutical, manufacturing and construction sectors and most recently, she has been interested in the renewable energy space Carlotta completed an LL.B in England & Wales while studying in Scotland, followed by an LL.M in International Law and Trade in Geneva. As a result of this, she has experience in both civil and common law jurisdiction and is very interested in how these two legal frameworks overlap and can be utilized in arbitrations to create the best outcomes for parties. Carlotta has previously worked at HKIAC in Hong Kong and, before moving to Tokyo, was a Senior Associate at Herbert Smith Freehills in Sydney. She has also worked at two UN institutions (the International Law Commission and UNCTAD). She is admitted to practice in Australia and speaks fluent German and English, as well as basic French and Japanese. Connect with Carlotta LinkedIn: https://www.linkedin.com/in/carlottamalenabruessel/ Links Cafe Hato The Japanese Mind Let Tokyo Eat Cake Arbitration Club link coming soon. Connect with Catherine Linked In https://www.linkedin.com/in/oconnellcatherine/ Instagram: https://www.instagram.com/lawyeronair Facebook: https://www.facebook.com/catherine.oconnell.148 Twitter: https://twitter.com/oconnelllawyer YouTube: https://youtube.com/@lawyeronair
Climate Change-induced Sea-Level Rise Direct Threat to Millions around World, Secretary-General Tells Security CouncilSpeakers Warn of Vanishing Coastlines, Endangered Nations, Forced Migration, Competition over Natural ResourcesSpeakers warned the international community that tensions are deepening as coastlines vanish, territories are lost, resources become scarce and masses are displaced, as the Security Council held its first ever open debate today on the impact of sea-level rise on international peace and security.The world will witness “a mass exodus of entire populations on a biblical scale”, Secretary-General Antonio Guterres said as he painted an alarming portrait of the emerging global security crisis that rising sea levels portend. Noting the phenomenon's impact on lives and livelihoods in regions and ecosystems around the world, from the Caribbean to North Africa to the river basins that lie at the foot of the Himalayas, he said this will lead to ever-fiercer competition for fresh water, land and other resources.Naming the many world cities that will be affected as the waters rise — from Cairo to New York to Santiago — he called on the Security Council to build the political will required to address the devastating security challenges arising from rising seas. The legal and human rights impact of the phenomenon is broad, he said, underscoring that they require innovative legal and practical solutions. Drawing attention to the solutions proposed by the International Law Commission, he stressed: “People's human rights do not disappear because their homes do.”
Lecture summary: ‘Is there an international law of remedies?’ asked Cambridge’s very own Christine Gray in 1985. The United Kingdom was sceptical in the 1993 UN General Assembly’s Sixth Committee, with a particular reference to compensation: ‘The international law of remedies was piecemeal and undeveloped … . Many of the authorities culled by the [International Law Commission’s] Special Rapporteur [on State responsibility Arangio-Ruiz] were somewhat old, and there was a legitimate question of how far the guidance they provided remained valid for the current times.’ Yet within eight years the International Law Commission (ILC) adopted the 2001 Articles on responsibility for internationally wrongful acts, following Special Rapporteur James Crawford’s proposal on a provision on compensation in Article 36, without much scholarly controversy or indeed (mostly) even interest. Since then, compensation under international law has been increasingly addressed by international courts and tribunals, and may well play an important role in disputes about war reparations, environmental damage, and historical wrongs. In this lecture, Martins Paparinskis will explain the peculiarities of the international legal order of the 1990s that shaped the Commission’s assumptions regarding compensation, consider the fit of Article 36 within the international legal process of the following two decades, and sketch the direction for possible future developments. Martins Paparinskis is Professor of Public International Law at University College London and a member designate of the International Law Commission. He is a generalist international lawyer with a particular interest in State responsibility and dispute settlement as well as the specialist fields of investment law, human rights law, and transboundary water law, and has published on these topics in leading peer reviewed journals. https://www.lcil.cam.ac.uk/press/events/2022/10/compensation-under-international-law-and-international-law-commission-martins-paparinskis-ucl
The Israeli Occupation of Palestine is the subject of a new report issued by the United Nations this week. Find out why it concludes that the occupation is illegal and what this means for the long-term resolution of the Israeli-Palestinian conflict. This episode is also available as a blog post: http://daretoknow.ca/2022/10/25/israeli-occupation-of-palestine-violates-international-law-commission-of-inquiry/ --- Send in a voice message: https://anchor.fm/david-morton-rintoul/message
Climate Change and the Law of the SeaSea level rise due to climate change will directly impact at least 70 countries, many of them small, low-lying island nations. Though their contribution to climate change is very little, they face some of its worst consequences. This is not a new issue, and tension has been building since the late 1980s. In 1989, the Maldives, an island nation in the Indian Ocean, issued an international declaration, the first of its kind, calling attention to sea level rise due to climate change, and how it impacts its land. Island states often have small land area, but, under international law, have jurisdiction over a larger area of their surrounding seas for economic purposes. What if an island loses territory due to sea level rise? If so, it could lose its economic zone. This is also a national security question; could another nation then legally take over this economic zone? Currently, the international law framework, called the Law of the Sea, does not answer these questions even though the livelihoods of millions are at issue. A 2021 declaration by Pacific Island nations calls for maritime boundaries to stay where they are now regardless of sea level rise. However, this requires the endorsement of other nations. The United Nations, up until now, has paid comparatively little attention to this issue, but, through its study group on sea-level rise, the UN is aiming to engage non-low-lying island nations, and attempt to resolve these and other questions. Climate Refugees Need Protected Status Under the LawBy 2050, there could be 1.2 billion climate refugees, according to the international think tank International Environmental Partnership. But these refugees often do not fit the legal definition of “refugee”, including individuals displaced in the United States. Becoming a “refugee” under the law confers special status; it protects from deportation, for example. In 2013, a man from Kiribati, a country undergoing severe sea level rise, applied for refugee status as a “climate refugee” in New Zealand. His application was denied, and he was repatriated to Kiribati. The man subsequently filed a complaint with the UN Convent of Civil Liberties, claiming his right to life had been violated. The man lost his case, because his life was not found to be under immediate danger. However, the wording of the UN's ruling in the case asserts that those fleeing a climate crisis cannot be sent home, thereby creating a non-binding international construct. This case illustrates some of the complexities raised by climate refugees and how they are currently viewed in many of the world's legal systems. Sea level rise is not only an issue of the future but already an issue of the present. Who is Dr. Nilufer Oral?Dr. Nilufer Oral is director at the Center for International Law at the National University of Singapore. She is also a member of the International Law Commission at the United Nations and co-chair of the study group at the UN on sea level rise in relation to international law. Read MoreSink or swim: Can island states survive the climate crisis? | | UN NewsStatement by Ms. Nilüfer Oral, Co-Chairs of the Study Group on Sea level rise -- Interaction with members of the ILC 2020Nilufer Oral--COP 26International Law as an Adaptation Measure to Sea-level Rise and Its Impacts on Islands and Offshore Features | Request PDF
Welcome back to America's leading higher education law podcast, EdUp Legal - part of the EdUp Experience Podcast Network! In today's episode, we welcome Dean Antony Page, the third dean of the Florida International University College of Law, a position he has held since the Summer of 2018. He shares with us his unconventional path to the deanship, his background as a professor, his public and private sector background, and how he served as a diplomat in the Canadian foreign service. Dean Page tells us about the diversity of FIU and how FIU is plurality Hispanic, majority minority not to mention that roughly half of the student population are the first in their family to have graduated from a four-year college, making them first-generation law students. He also shares with us the law path program, which started in the Summer of 2018, student wellness, and some secrets on FIU's success in bar preparation and passage. Furthermore, Dean Page shares FIU's international law commission fellowships, which he started with professor Charles Jalloh several years ago, where students are sent to serve as fellows or externs at the International Law Commission in Geneva. He discusses his predictions on legal education, which are a focus on skill, and a lot less memorizing doctrine. He also tells us that he would like to see changes in the regulators and more experimentation from their end. Connect with your host - Patty Roberts ● If you want to get involved, leave us a comment or rate us! ● Join the EdUp community at The EdUp Experience! ● Follow EdUp on Facebook | Instagram | LinkedIn | Twitter | YouTube Thanks for listening!
Welcome back to America's leading higher education law podcast, EdUp Legal - part of the EdUp Experience Podcast Network! In today's episode, we welcome Dean Antony Page, the third dean of the Florida International University College of Law, a position he has held since the Summer of 2018. He shares with us his unconventional path to the deanship, his background as a professor, his public and private sector background, and how he served as a diplomat in the Canadian foreign service. Dean Page tells us about the diversity of FIU and how FIU is plurality Hispanic, majority minority not to mention that roughly half of the student population are the first in their family to have graduated from a four-year college, making them first-generation law students. He also shares with us the law path program, which started in the Summer of 2018, student wellness, and some secrets on FIU's success in bar preparation and passage. Furthermore, Dean Page shares FIU's international law commission fellowships, which he started with professor Charles Jalloh several years ago, where students are sent to serve as fellows or externs at the International Law Commission in Geneva. He discusses his predictions on legal education, which are a focus on skill, and a lot less memorizing doctrine. He also tells us that he would like to see changes in the regulators and more experimentation from their end. Connect with your host - Patty Roberts ● If you want to get involved, leave us a comment or rate us! ● Join the EdUp community at The EdUp Experience! ● Follow EdUp on Facebook | Instagram | LinkedIn | Twitter | YouTube Thanks for listening!
#UnitedNationsGeneralAssembly ( #UNGA ), on January 20, 2022, adopted a resolution regarding the #Holocaust denial and rejected and condemned "without any reservation any denial of the Holocaust as a historical event, either in full or in part." Resolution in its preambular part emphasizes the positive role of exercising the right to freedom of opinion and expression and full respect for the freedom to seek, receive and impart information for strengthening democracy and combating religious intolerance. It reaffirms the exercise of the right to freedom of expression. The resolution also states that freedom of expression involves special duties and responsibilities, therefore be subject to certain restrictions, but that these shall only be such as are provided by law and are necessary for respect of the rights or reputations of others and the protection of national security or public order, or of public health or morals. It further underscores that "all measures taken must be in full compliance with international #humanrights law, per article 19 of the International Covenant on Civil and Political Rights." Finally, the resolution reaffirms that the Holocaust resulted in the murder of nearly 6 million #Jews , 1.5 million of whom were children, comprising one-third of the Jewish people, and draws attention to the international legal basis of the #Nuremberg Tribunal judgments regarding the Nazi perpetrators of the Holocaust as follows: "Reiterating the principles of international law recognized by the Charter of the Nürnberg Tribunal, and taking note with appreciation of their codification by the International Law Commission in 1950." It should be mentioned that the Charter of the International Military Tribunal is an Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis. Makale Bağlantısı : https://avim.org.tr/en/Analiz/THE-UN-GENERAL-ASSEMBLY-REJECTED-AND-CONDEMNED-HOLOCAUST-DENIAL-AND-RECALLED-THE-INTERNATIONAL-LEGAL-BASIS-OF-ITS-REJECTION Telegram Kanalı: https://t.me/avimtr Twitter: https://twitter.com/AVIMorgtr Linkedin: https://www.linkedin.com/company/avimorgtr/ VKontakte: https://vk.com/public202374482 Youtube: https://www.youtube.com/channel/UCcIfEGNM3308QoLbCDJIFuw Dailmotion: https://www.dailymotion.com/dm_0ea263f63bb5aee7d8770d1ec13cfe8b Instgram: https://www.instagram.com/avimorgtr/IntroductionIntroduction YaaY: https://yaay.com.tr/AVIM
LATEST STORIES: Roque loses bid for seat at International Law Commission | Nov. 13, 2021 Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe Visit our website at https://www.manilatimes.net Follow us: Facebook - https://tmt.ph/facebook Instagram - https://tmt.ph/instagram Twitter - https://tmt.ph/twitter DailyMotion - https://tmt.ph/dailymotion Subscribe to our Digital Edition - https://tmt.ph/digital Check out our Podcasts: Spotify - https://tmt.ph/spotify Apple Podcasts - https://tmt.ph/applepodcasts Amazon Music - https://tmt.ph/amazonmusic Deezer: https://tmt.ph/deezer Stitcher: https://tmt.ph/stitcherTune In: https://tmt.ph/tuneinSoundcloud: https://tmt.ph/soundcloud #TheManilaTimes Hosted on Acast. See acast.com/privacy for more information.
In this episode, as the elections for the ILC get closer than ever, Shayan Ahmed sits down with Dr. Danae Azaria to have an in-depth discussion on ILC's role as an interpreter of international law. Material Referenced in the Episode: Article - ‘Codification by Interpretation': The International Law Commission as an Interpreter of International Law https://academic.oup.com/ejil/article... https://discovery.ucl.ac.uk/id/eprint... You can listen to the audio stream of the podcast on anchor.fm/jus-cogens-podcast Our Socials: Twitter: @JCLawPodcast Blog: https://juscogens.law.blog/ Facebook: https://www.facebook.com/JCLawPodcast
Dapo Akande and Phoebe Okowa explain all things International Law Commission
In this episode Dapo Akande, Marko Milanovic and Philippa Webb discuss the legal issues that arise from targeted killings conducted by states outside their territory. They begin with a discussion of the recent blockbuster judgment of the European Court of Human Rights in the case concerning the killing in London in 2006 of the Russian dissident Alexander Litvinenko. They talk about how the Court dealt with the attribution of the killing to Russia and then explore the extraterritorial application of human rights treaties obligations - a question on which many courts and treaty bodies have given inconsistent answers. The podcast then moves on to the legal issues that would arise if the courts of the territorial state were to seek to exercise jurisdiction over the individuals accused of committing the killing or over the state that sent them. Would those individuals be entitled to the immunity from foreign criminal jurisdiction which those who act on behalf of a state are normally entitled to? If not, why not and how does the ongoing work of International Law Commission on immunity deal with this issue?
In this episode, the brilliant Dapo Akane joins Jus Cogens for an all-round chat on the UN International Law Commission. We explore the role & function of the ILC and discuss some key issues that its work focuses on. It also features Professor's Akande elevator pitch for the upcoming election of the members of the ILC where he has been nominated as a candidate by 5 countries. Material Referenced in the Episode: Article - Implications of the Diversity of the Rules on the Use of Force for Change in the Law. https://academic.oup.com/ejil/article/32/2/679/6324073 Panel Discussion - Implications of the Diversity of the Rules on the Use of Force for Change in the Law by American Society of International Law https://www.youtube.com/watch?v=lhKJZpEM73s You can also audio stream our podcast on the following platforms: YouTube: https://www.youtube.com/c/JusCogensPodcast Our Socials: Twitter: @JCLawPodcast Blog: https://juscogens.law.blog/ Facebook: https://www.facebook.com/JCLawPodcast
The International Law Commission's long-running project to codify and progressively develop the legal framework protecting the environment in relation to armed conflicts is nearing completion. But the process is unlikely to conclude in a treaty. Because of this, States, with the support of civil society and other actors, will have a vital role to play in ensuring the framework is implemented, and a decade's gains are further solidified. This post, which is part of a series on war, law and the environment co-hosted with the Conflict and Environment Observatory (CEOBS), looks ahead to what should come after the Commission's draft principles are adopted in 2022. In it, CEOBS' Doug Weir and Stavros Pantazopoulos examine the vital role that civil society organizations can play in promoting and strengthening implementation of norms, encouraging State engagement on environmental protection, and monitoring implementation.
Environmental effects of armed conflicts do not only result from the conduct of hostilities but also from toxic or hazardous remnants of war, excessive exploitation of conflict resources, unsustainable survival strategies of affected populations, or institutional collapse. In addition to the recently released ICRC Guidelines, the International Law Commission's (ILC) work on protection of the environment in relation to armed conflicts contributes to updating the international legal response to conflict-related environmental harm. In this post and as part of our War, Law and the Environment blog series, Ambassador Marja Lehto, Special Rapporteur of the ILC, argues that there is still no coherent legal framework for the protection of the environment in and in relation to armed conflicts. The work that has been pursued over the years by the ICRC and the ILC nevertheless reveals the potential for a more coherent reading of the applicable rules.
In this episode, Jonathan speaks with Sean Murphy - a former president of the American Society of International Law and currently the Special Rapporteur on Crimes Against Humanity for the UN's International Law Commission. In this role he has led efforts to draft articles for a world-first dedicated treaty to prevent and punish crimes against humanity. (https://legal.un.org/ilc/texts/instruments/english/draft_articles/7_7_2019.pdf)Professor Sean Murphy teaches, writes, and practices in the fields of public international law and U.S. foreign relations law at George Washington University Law School in Washington DC. Before joining GW Law faculty in 1998, Professor Murphy served as legal counselor at the U.S. Embassy in The Hague, arguing several cases before the International Court of Justice and representing the U.S. government in matters before the International Criminal Tribunal for the former Yugoslavia. He also served as U.S. agent to the Iran-U.S. Claims Tribunal, arguing cases on behalf of the U.S. government and providing advice to U.S. nationals appearing before that tribunal. Between 1987 and 1995, he served in the U.S. Department of State Office of the Legal Adviser, primarily advising on matters relating to oceans and international environmental law, international claims, and international humanitarian law. Since leaving the U.S. Government, Professor Murphy has represented several countries in international courts and tribunals, including Ethiopia, Kosovo, Macedonia, Suriname, Uganda and the United States, and has served as an arbitrator in inter-State and investor-State arbitrations.Professor Murphy has published numerous articles on international law – including on international environmental law, and law of the sea issues. Since 2012, Professor Murphy has served as a member of the UN International Law Commission, and now, into his second term he serves as special rapporteur for crimes against humanity.Professor Murphy also served as the President of the American Society of International Law.Relevant links:ILC Draft Articles on prevent and punishment of crimes against humanity - https://legal.un.org/ilc/texts/instruments/english/draft_articles/7_7_2019.pdfSean Murphy's profile at George Washington University Law School - https://www.law.gwu.edu/sean-d-murphyInternational Law Commission (of the United Nations) - https://legal.un.org/ilc/American Society of International Law - https://www.asil.org/
In this episode, Prof. Charles Jalloh joins us to deconstruct and dissect the Draft Convention on Crimes Against Humanity. The conversation is based around Prof. Jalloh's analysis in his article "The International Law Commission's First Draft Convention on Crimes Against Humanity: Codification, Progressive Development, or Both?: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3620370
Lecture summary: An analogy between States and international organizations has characterised the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States in the 1969 Vienna Convention on the Law of Treaties and 2001 Articles on the Responsibility of States for Internationally Wrongful Acts. The talk, based on a recently published research monograph, will reflect on the foundations of the assumption that the two main categories of international legal subjects are analogous for certain purposes, and discuss the elusive position that international organizations occupy in the international legal system. Dr Fernando Lusa Bordin is a University Lecturer in International Law at the University of Cambridge and is a Fellow of the Lauterpacht Centre.
In our latest episode of “On Human Rights," we sat down with Dr. Charles C. Jalloh. He is the Fulbright Lund Distinguished Chair in Public International Law (2018-2019) at the Raoul Wallenberg Institute and in the Lund University Faculty of Law, Sweden. Dr. Charles C. Jalloh is a professor of law at Florida International University, Miami, USA, and a member of the International Law Commission where he was the Chair of the Drafting Committee for the Seventieth (2018) Session. He is founding editor of the African Journal of Legal Studies and the African Journal of International Criminal Justice.
Manuel Rama Montaldo on Conceptual and historical aspects of the process of codification and progressive development of international law in the United Nations, with particular reference to the work of the International Law Commission
An analogy between States and international organizations has characterised the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. The talk will reflect on the foundations and limits of the assumption that the two main categories of international legal subjects are analogous for certain purposes, and discuss the elusive position that international organizations occupy in the international legal system. About the speaker: Fernando Lusa Bordin is a Thornely Fellow and Lecturer in Law at Sidney Sussex College and an Affiliated Lecturer at the University of Cambridge. His research focuses on topics of public international law, including law-making, international organizations and the intersection between international law and legal theory. He holds an LL.B. from the Federal University of Rio Grande do Sul (Brazil), an LL.M. from New York University, and a PhD from the University of Cambridge. He is a recipient of the Yorke Prize (University of Cambridge), Young Scholar Prize (International & Comparative Law Quarterly) and the Diploma of Public International Law (Hague Academy of International Law).
Hussein Hassouna on the International Law Commission: Challenges and Achievements
Georg Nolte on the International Law Commission and Community Interests
The International Law Commission is a subsidiary organ of the United Nations General Assembly entrusted with the progressive development of international law and its codification. This talk argues that the Commission interprets international law, as part of its function, in numerous topics of its work, and that the Commission’s interpretative activity serves its long-lasting vision to reinforce international law by providing clarity and predictability as to its content thus convincing states to continue to use international law as a medium by which they regulate their affairs. Dr. Danae Azaria is a Senior Lecturer at the Faculty of Laws at University College London (UCL). She is the author of numerous publications on public international law, including the monograph, 'Treaties on Transit of Energy via Pipelines and Countermeasures' (OUP, OMIL, 2015), which received the Paul Guggenheim Prize in Public International Law (2016). Her research interests lie in general public international law, the law of treaties, state responsibility, international economic law and the law of the sea. Her recent research focuses on the work of International Law Commission, and the Sixth Committee. She frequently advises governments, international organisations and companies on issues of public international law.
Can we reliably predict whether the populations affected by mass atrocities will believe in the accounts of the facts and criminal responsibility that are produced by international criminal tribunals? Drawing on research in social psychology and on a seri In that regard, a negative reaction by dominant local political, media and intellectual elites becomes more likely if there is a significant degree of continuity with the elites that were dominant in the particular group when the atrocities took place, the more authoritarian the relevant society is, and the greater the perception of the threat that the tribunal’s work poses to the dominant position of these elites. That means that some tribunals, like the Yugoslav one, but not necessarily all tribunals, are from the outset doomed to fail as vehicles of transitional justice, since they would in most instances be powerless to overcome determined local opposition. Dr Marko Milanovic is associate professor at the University of Nottingham School of Law. He obtained his first degree in law from the University of Belgrade Faculty of Law, his LL.M from the University of Michigan Law School, and his PhD in international law from the University of Cambridge. He is Vice-President and member of the Executive Board of the European Society of International Law, an Associate of the Belgrade Centre for Human Rights, and co-editor of EJIL: Talk!, the blog of the European Journal of International Law, as well as a member of the EJIL’s Editorial Board. He was Law Clerk to Judge Thomas Buergenthal of the International Court of Justice in 2006/2007. He has published in leading academic journals, including the European Journal of International Law and the American Journal of International Law; his work has been cited, inter alia, by the UK Supreme Court and by the International Law Commission. He was counsel or advisor in cases before the International Court of Justice, the European Court of Human Rights, and the Constitutional Court of Serbia.
Guy Goodwin-Gill gives a talk for the Refugee Studies Centre podcast series. In 1977, as national refugee status determination procedures were gaining new life, State members of UNHCR's Executive Committee asked the Office to provide guidance on the interpretation and application of the 1951 Convention/1967 Protocol. The outcome was the 1979 UNHCR Handbook, still widely cited in courts around the world, but substantially unchanged notwithstanding successive ‘re-issues'. Following adoption of its Agenda for Protection in 2000, UNHCR sought to keep up with jurisprudential developments and emergent issues by publishing supplementary guidelines, for example, on exclusion, gender, social group, and children; these were mostly drafted in-house, like the original Handbook, and without any formal input from States or other stakeholders. Following criticism of its 2013 guidelines on military service, however, UNHCR began to consider how external input could be usefully and effectively managed, for example, through the circulation of drafts for comment. Authoritative and influential guidelines will need a solid methodology when it comes to synthesizing best practice and pointing the way ahead, and UNHCR cannot just rely on its statutory and treaty role in ‘supervising the application' of the 1951 Convention. In some respects, its task is analogous to that of the International Law Commission, incorporating both codification (identifying where States now see the law) and progressive development (showing how the law should develop consistently, if protection is to keep in step with need). So, what are the issues on which further guidance is needed today? What, if any, are the limits to interpretation, and when are new texts required? In drafting guidelines, who should be consulted? And how should others' views and analysis be taken into account?
The Lauterpacht Centre for International Law (LCIL), University of Cambridge hosts a regular Friday lunchtime lecture series on key areas of International Law. Previous subjects have included UN peacekeeping operations, the advisory jurisdiction of the International Court of Justice, the crime of aggression, whaling, children and military tribunals, and theories and practices for proving individual responsibility criminal responsibility for genocide and crimes against humanity. This lecture entitled 'On the Siren Song of Sui Generis: Customary law, humanitarian law, and the ILC' was delivered on Friday, 16 January 2015 by Robert Cryer, Professor of International and Criminal Law, University of Birmingham, UK. For more information about the series, please see the LCIL website at www.lcil.cam.ac.uk