December 2011 Resolution by the Assembly of States Parties on State Cooperation with the International Criminal Court

This post draws attention to Resolution ICC-ASP/10/Res.2, on cooperation, adopted by consensus on 20 December 2011 by the Assembly of States Parties of the International Criminal Court during its 7th plenary meeting (10th Session). There are other important resolutions adopted during the 10th Session, including that dealing with reparations (see previous post); amendments to the rule [...]

New issue of the Goettingen Journal of International Law

The new issue of the Goettingen Journal of International Law is out now. In Vol. 3 No. 3 (2011) the GoJIL pays tribute to the International Criminal Tribunal for the former Yugoslavia and dedicates a GoJIL Focus to its legacy. Furthermore, the issue contains two articles about current developments in international law and an article discussing the [...]

Max Planck Encyclopedia of Public International Law – Print Edition

In the past couple of years, we have regularly reported on the Max Planck Encyclopedia of Public International Law, the leading reference work in international law which is being prepared under the general editorship of Professor Rüdiger Wolfrum of the Max Planck Institute in Heidelberg, Germany. The Max Planck Encyclopedia has been available for some [...]

Decision on Challenge to Arbitrator in Chagos Dispute

Back in December 2010, Mauritius initiated proceedings against the United Kingdom challenging the establishment of a Marine Protected Area (MPA) around the Chagos Archipelago as a violation of the 1982 United Nations Convention on the Law of the Sea.  Mauritius is expected to argue that the United Kingdom had no right to establish an MPA [...]

UNCTAD conference on the Principles on Responsible Sovereign Borrowing and Lending

In an earlier post here on International Law Observer, I drew our readers attention to the so-called “Principles on Responsible Sovereign Borrowing and Lending” (read more here). These Principles were drafted by an Expert Group and aimed to guide responsible sovereign lending and borrowing. In this context, UNCTAD, together with the University Autónoma of Madrid through [...]

Iranian threat to close Strait of Hormuz

The recent threat by Iran to “bar foreign warships from the Gulf” raises a classic issue in the law of the sea – the legality of coastal states demanding authorization for warships to pass through their waters.  The water in question is the Strait of Hormuz, linking the Persian Gulf with the Gulf of Oman [...]

Extension of dispute between Costa Rica and Nicaragua

With one dispute between Costa Rica and Nicaragua already pending before the International Court of Justice , Nicaragua has initiated a new claim at the Court alleging that Costa Rica has caused transboundary pollution through the construction of a road on the border of the two countries.

Durban Outcome

After running into overtime, the 17th Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) finished Saturday. While press coverage of the event was somewhat muted compared to previous conferences (the aftermath of the EU Summit in Brussels on Friday night took most of the limelight), the reactions to the outcome [...]

Solving the Eurozone crisis: time is of the essence?

I’d like to start this post with a joke I heard recently. A speaker at an important conference goes on and on for what feels like ages. At some point a guy just stands up and starts heading for the door. The speaker is taken aback and asks: Excuse me, where are you going? The [...]

Judgment rendered in the case Application of the Interim Accord of 13 September 1995

Today the ICJ delivered its judgment  which is final, without appeal and binding on the Parties, in the case Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece). The press release can be accessed here, the judgment (52 pages) here, and a summary here. Judge Xue appended a [...]

The ICJ to deliver its judgment in the FYROM v Greece case

The International Court of Justice (ICJ) will deliver its judgment in the case concerning Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) on Monday, 5 December 2011 (for more information see the Court’s press release here). The case started on 17 November 2008, with the former [...]

Election of 4 Judges of the ICJ

The voting for the new members of the ICJ took place on 10 November, at the UN headquarters in New York. Candidates need to obtain an absolute majority both at the General Assembly and at the Security Council (ICJ Statute, Article 10). Judges Hisashi Owada (Japan), Peter Tomka (Slovakia) and Xue Hanqin (China) were re-elected [...]

The ICC Prosecutor Reports to the Security Council on the Situation in Libya

On 2 November 2011, the ICC Chief Prosecutor, Luis Moreno-Ocampo, reported to the UN Security Council on the situation in Libya. This is an important report because it shows the steps taken so far by the Office of the Prosecutor (OTP or Office) to investigate the crimes committed in Libya, the interaction with Libyan authorities and [...]

The Case of Georgia v. Russia before the ECtHR

Background and history of the proceedings The hearings in the inter-State Georgia v. Russia (II) case (application no. 38263/08) before the European Court of Human Rights (ECtHR) were held on 22 September 2011. The webcast of the hearings is available here. For a complete list of inter-State cases before the ECtHR see here. The formal [...]

The Palestinian bid for UN membership

In their recent article in the New York Times, entitled “Ten Reasons for a European ‘Yes’”, Martti Ahtisaari (former president of Finland and U.N. mediator, and 2008 Nobel Peace Prize laureate) and Javier Solana (distinguished senior fellow in foreign policy at the Brookings Institution, former secretary general of NATO and EU high representative for common foreign [...]

Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

Background of the case and history of the legal proceedings In its application of 23 December 2008 Germany brought a complaint before the International Court of Justice (ICJ), claiming that in recent years, Italian judicial bodies repeatedly disregarded its jurisdictional immunity as a sovereign State. According to Germany, the critical stage of that development was [...]

Max Planck Encyclopedia of Public International Law – Content Update

www.mpepil.com The August 2011 update adds 95 new articles. Highlights include new overview articles on Law of the Sea, International Economic Law, and State Immunity, as well as several articles on aspects of the international financial system such as Debt Crisis, Monetary Unions and Monetary Zones, and the Bank for International Settlements . There will [...]

Ramush Haradinaj’s Retrial: Is the ICTY Favoring the Prosecution at the Expense of Justice?

by Roland Gjoni*  The case against Ramush Haradinaj at the International War Crimes Tribunal in The Hague (ICTY) has been in process for seven years. On August 17, 2011, Haradinaj, a senior commander in the Kosovo Liberation Army (KLA) during the armed conflict of Kosovar Albanians against the Serbian military and paramilitary forces in 1998-1999, [...]

African Human Rights Court acts against Libya

An interesting article on the response of the African Court on Human and Peoples’ Rights to the situation in Libya was published on the website of the American Society of International Law (ASIL): On March 25, 2011, for the first time in its history, the African Court on Human and Peoples’ Rights (“African Human Rights Court”) [...]

Provisional measures in Temple of Preah Vihear Case – a case of creative adjudication

As reported in a previous posting, the on-going dispute between Thailand and Cambodia over the Temple of Preah Vihear is once again before the International Court of Justice.  Cambodia has requested an interpretation of the original judgment of the Court in order to settle some differences of opinion between the two parties.  The situation on the [...]

Is deep sea mining about to take off?? New developments at the International Seabed Authority.

The International Seabed Authority, the obscure intergovernmental organization responsible for regulating mining on the deep seabed beyond national jurisdiction, meets for its 17th session next week.  Deep seabed mining was one of the critical issues at the Third United Nations Conference on the Law of the Sea and it famously caused intense disagreements between developing [...]

Call for papers: UNCTAD’s Principles on Responsible Sovereign Borrowing and Lending

CALL FOR PAPERS UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT AND UNIVERSIDAD AUTÓNOMA DE MADRID Madrid, 2 March 2012 UNCTAD’s Principles on Responsible Sovereign Borrowing and Lending Background of the conference: The causes and widespread negative effects of the global financial and economic crisis prompted UNCTAD to launch an initiative in 2009 to promote responsible [...]

ILO adopts Convention Concerning Decent Work for Domestic Workers

The International Labour Organisation (ILO) has adopted a new convention at its 100th annual meeting (16 June 2011): the Convention Concerning Decent Work for Domestic Workers.  The text of the Convention can be found here: http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@relconf/documents/meetingdocument/wcms_157836.pdf  The ILO reports that, while estimates point to 53 million domestic workers (83 percent of whom are girls and [...]

A comment on Palestine’s statehood, recognition and UN membership

The Palestinian government plans to issue a declaration of independence in September 2011 as its latest strategy to bring about further recognition and UN membership. In an Op-Ed in the New York Times, Palestinian President Mahmoud Abbas said “this September, at the United Nations General Assembly, we will request international recognition of the State of [...]

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