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By on mayo 19th, 2013

General Assembly Adopts Texts on Items Ranging from Self-Determination to Peace in South Atlantic; Supports Extension of Impunity Commission in Guatemala

General Assembly Adopts Texts on Items Ranging from Self-Determination to Peace in South Atlantic; Supports Extension of Impunity Commission in Guatemala The General Assembly, working through its busy agenda, today adopted five resolutions and one decision on a wide range of items, including on the self-determination of French Polynesia and on peace and cooperation in [...]

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By on abril 27th, 2013

Does Use of Chemical Weapons Justify Intervention in Syria?

Does Use of Chemical Weapons Justify Intervention in Syria? Over the last few days, various media outlets have reported that the US, UK and other countries believe that the Syrian government has used chemical weapons in the Syrian conflict (see BBC report). Apparently, there is not yet conclusive evidence of this and the US and others [...]

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By on abril 26th, 2013

Bolivia Institutes Proceedings Against Chile Before the ICJ

Bolivia Institutes Proceedings Against Chile Before the ICJ After a lull of almost a year and a half, the ICJ got a new case – yesterday Bolivia instituted proceedings against Chile with regard to Chille’s alleged obligation to negotiate with Bolivia a fully sovereign acess to the Pacific Ocean for the latter. The Court’s press [...]

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By on abril 25th, 2013

African Union brings Sudan, rebels together for peace talks

African Union brings Sudan, rebels together for peace talks ADDIS ABABA (Reuters) – The African Union on Wednesday brought together for the first time for peace talks Sudan and insurgents fighting government troops in two states bordering South Sudan, in a conflict that has affected almost a million people.  Fighting broke out between the Sudanese [...]

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By on abril 10th, 2013

The Law Applicable to Peacekeepers Deployed in Situations where there is No Armed Conflict

The Law Applicable to Peacekeepers Deployed in Situations where there is No Armed Conflict Siobhán Wills  is Professor of Law at the University of Ulster, Northern Ireland. I have been researching the peacekeeping operation in Haiti, MINUSTAH, and in doing so coming up against a problem that I would appreciate the  thoughts of EJIL:Talk! readers on. [...]

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By on abril 09th, 2013

What is the Meaning of “Consensus” in International Decision Making?

What is the Meaning of “Consensus” in International Decision Making? On 28 March, the negotiators at the Final UN Diplomatic Conference on the Arms Trade Treaty failed to adopt the Arms Trade Treaty (see BBC report here) by consensus.  A few days later the Arms Trade Treaty was adopted by the United Nations General Assembly (by [...]

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By on abril 02nd, 2013

Are the two Koreas Now at War?

Are the two Koreas Now at War? In recent days the tensions on the Korean peninsula have risen. On 11 March, North Korea claimed  that it had terminated the armistice agreement that ended the Korean War of the 1950s and on 30 March stated that: “From this time on, the North-South relations will be entering [...]

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By on marzo 25th, 2013

Q&A ¿Qué dejó el referéndum en Malvinas?

What did the referendum in Malvinas leave?  1.-Did the “referendum” alter the international situation of the Malvinas  Islands?  No. The Malvinas Question continues being considered by the United Nations  (UN) as a territory subject to decolonization. For the UN, the Malvinas Question continues being a ” special and particular case ” of decolonization because it supposes a dispute of sovereignty between two [...]

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By on marzo 08th, 2013

Argentinians dismiss ‘illegal’ Falklands referendum

Argentinians dismiss ‘illegal’ Falklands referendum The claim on the islands known in Buenos Aires as the Malvinas is one of few points of general agreement in a divided country Every Tuesday, a group of Argentinian veterans of the Falklands war gather on the outskirts of Buenos Aires to cook up a barbecue, share memories and [...]

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By on febrero 22nd, 2013

Scottish Independence: Political Rhetoric and Legal Realities

Scottish Independence: Political Rhetoric and Legal Realities The recent publication of Professors Crawford and Boyle’s opinion on the international law aspects of Scottish independence is an event not because it says anything new – most commentators (including the present writer) come to the same conclusions – but because it puts the imprimatur of two highly [...]

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By on febrero 14th, 2013

Boyle and Crawford on Scottish Independence

Boyle and Crawford on Scottish Independence Last month, Joseph Weiler’s post on Catalonian independence and the European Union triggered a lively discussion here on EJIL!Talk (including Nico Krisch’s reply). Yesterday’s publication by the British government of a legal opinion by Alan Boyle of the University of Edinburgh and James Crawford of the University of Cambridge, entitled ‘Referendum [...]

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By on febrero 04th, 2013

Incorporating UN General Assembly Declaratory Texts into Domestic Law?

Incorporating UN General Assembly Declaratory Texts into Domestic Law? Last week in Canada, with federal MPs returning to Parliament amidst the continuation of countrywide protests by indigenous peoples, an opposition MP introduced a private member’s bill (Bill C-469) to require the Canadian government to ensure that all federal laws are consistent with the United Nations [...]

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By on enero 28th, 2013

Iceland not responsible for the liabilities of its deposit insurance scheme

Iceland not responsible for the liabilities of its deposit insurance scheme In a landmark decision, the EFTA Court on 28 January 2013 dismissed all claims brought by the EFTA Surveillance Authority against Iceland in the Icesave case. The Authority had alleged that Iceland had breached its obligations under Directive 94/14/EC on deposit guarantee by failing [...]

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By on enero 25th, 2013

French Military Intervention in Mali: It’s Legal but… Why? Part II: Consent and UNSC Authorisation

French Military Intervention in Mali: It’s Legal but… Why? Part II: Consent and UNSC Authorisation In the First Part of this comment we have seen that reference to article 51 of the UN Chapter in order to justify Operation Serval, is problematic. We will now discuss the two other legal arguments used by France.  Consent [...]

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By on enero 25th, 2013

French Military Intervention in Mali: It’s Legal but… Why? Part I

French Military Intervention in Mali: It’s Legal but… Why? Part I Part 1: The Argument of Collective Self-Defense Dr. Theodore Christakis is Professor of International Law at the University Grenoble-Alpes (France). He is Director of the Centre for International Security and European Studies (CESICE) and chairman of the ESIL Interest Group on Peace and Security. [...]

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