- Did the Court in Klimaseniorinnen create an actio popularis?
- Announcements: CfA International Humanitarian Law Competition & Summer School; Chatham House Countermeasures in Cyberspace; Summer School in EU Extern
- A general obligation of due diligence in international law?
- Horrible Metrics, Part Deux
- On Whose Authority? Freedom of Navigation and Protests in the 2023 NORI-D Area Incident
Recent content by Hoca
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Did the Court in Klimaseniorinnen create an actio popularis?
Perhaps the thorniest issue that the European Court had to address in Klimaseniorinnen was how to square the prohibition on actio popularis with the granting of standing to the applicant association, but not to the individual applicants. How can the four individual applicants lack victim status... -
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Announcements: CfA International Humanitarian Law Competition & Summer School; Chatham House Countermeasures in Cyberspace; Summer School in EU Extern
1. Call for Applications: 4th Kırımlı Dr. Aziz Bey International Humanitarian Law Competition & Advanced Summer School. This summer school and competition will take place between 9 – 14 September 2024 in Heybeliada, İstanbul, Türkiye. The Competition & the Advanced Summer School are organized by... -
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A general obligation of due diligence in international law?
Recently, arguments have emerged that a universal source exists from which it is automatically possible to derive binding due diligence obligations for states in relation to all forms of activities. Specifically, these claims contend that international law imposes a general obligation on states... -
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Horrible Metrics, Part Deux
Back in 2016 I wrote a post on horrible metrics, which was in essence an extended moan about the use of various metrics, including citations, indices and impact factors, to assess the quality of international law scholarship and journals or to evaluate the quality of colleagues applying for jobs... -
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On Whose Authority? Freedom of Navigation and Protests in the 2023 NORI-D Area Incident
Introduction The activities of Greenpeace vessels have a habit of triggering the further illumination and development of international law. Greenpeace’s “Stop Deep Sea Mining” campaign is no exception. It effectively raises questions on the scope of Greenpeace’s individual right to protest... -
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Does Israel have the right to self-defence – and what are the restrictions?
There has been much focus on Israeli violations of international humanitarian law (jus in bello) and possible genocide in Gaza. Less attention has been paid to Israel’s claim to self-defence (jus ad bellum) against the terrorist attack on 7 October 2023. However, the rules on self-defence... -
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A Thought Experiment on Plausibility and ICJ Provisional Measures
The recent provisional measures orders of the International Court of Justice in the South Africa v. Israel and Nicaragua v. Germany cases have provoked much discussion of the notion of plausibility in the Court’s jurisprudence (see, e.g., yesterday’s post by Roy Schondorf and also Mike Becker’s... -
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Reflections on the Strasbourg climate rulings in light of two aims behind the Duarte Agostinho case
Two aims, among others, motivated the decision to bring the Duarte Agostinho climate case (“Duarte”) directly to the European Court of Human Rights against multiple Respondent States. They were, first, to invite the Court to interpret States’ obligations in respect of climate change in a manner... -
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Implausible Confusion: The Meaning of “Plausibility” in the ICJ’s Provisional Measures
Introduction In its Order of 26 January 2024 in the case of South Africa v. Israel (brought under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide (“the Genocide Convention”)), the International Court of Justice (“ICJ”) indicated a number of provisional... -
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Two Weeks in Review, 22 April – 5 May 2024
International Court of Justice Alexander Wentker and Robert Stendel provide an analysis of the International Court of Justice’s (ICJ) decision not to indicate provisional measures against Germany, as requested by Nicaragua regarding Germany’s support for Israel in the Gaza conflict. The authors... -
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Announcements: Ship as a Unit Rule Lecture; Sanctions, Remittances, and (in)Security Conference; CfP Change and Stability in EU External Relations Law
1. The Scope of the ‘Ship as a Unit’ Rule’ Lecture. A Lecture by Judge Liesbeth Lijnzaad in the Public International Law Lecture Series, entitled ‘We’re in this together, the scope of the ‘ship as a unit’ rule’ chaired by Dr Meagan Wong will take place on Wednesday 8 May, 6pm BST. The Public... -
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Taking the Road Less Travelled: The ICJ’s Pragmatic Approach to Provisional Measures in Nicaragua v Germany
When President Salam announced the ICJ’s decision not to indicate provisional measures against Germany as requested by Nicaragua on Tuesday, the legal advisers of States lending support to the warring parties in Gaza were probably closely listening. As we argue in this post, the ICJ was acutely... -
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The Attainability of the Evidentiary Standard for Genocidal Intent in Gaza
Since 2019, the International Court of Justice (ICJ) has been perceived as a viable instrument for stopping ongoing genocides after the UN political organs have failed to take effective actions to that effect. Thus, under Article IX of the Genocide Convention (1948), South Africa took Israel to... -
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How to Thrive During the End of the School Year
Ready for May-cember?! Keep reading for intentional tips to thrive during the end of the school year. The end of the school year is upon us and with it comes a flood of activities, emails, field days, etc. It is the month that many moms now call May-cember as it feels just as full asContinue...- Hoca
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Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm?
International law prohibits states from forcibly acquiring the territory of other states. But does this prohibition of the annexation of territory have the status of a peremptory or jus cogens norm? The question is unsettled. In the recent set of submissions to the International Court of Justice...