Current Developments

The winds in New York have not changed after the recent ICJ elections

Inflamed passions, relentless rallying and 11 voting sessions hence, the International Court of Justice (ICJ/World Court/Court) was finally made complete. Contrary to previous occasions characterizing the Court’s history, ‘completeness’ this time around meant something hitherto inconceivable. With the UK’s withdrawal of Justice Greenwood from the Court’s candidacy after repeatedly being trumped over by India’s Justice Bhandari, the ICJ will function without a judge drawn from a permanent member of the …

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Current Developments

Wind Of Change in New York?

Die diesjährigen Richterwahlen zum IGH und die Implikationen für das Machtgefüge der Vereinten Nationen

Am Ende ging es ganz schnell. Nach einem tagelangen Machtpoker um den verbleibenden freien Platz am IGH zog Großbritannien seinen Kandidaten, den amtierenden Richter Sir Christopher Greenwood, zurück. Der Weg war frei für die Wahl des indischen Kandidaten Dalveer Bhandari, ebenfalls amtierender Richter in Den Haag. Zuvor wurden bereits vier der fünf im Jahr 2018 frei werdenen Richterstellen am IGH besetzt. Wiedergewählt wurden der amtierende Gerichtspräsident Ronny Abraham (Frankreich), Vizepräsident …

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Photo provided by RegNet
Interview

Law as a site of politics (Part II)

An interview with Hilary Charlesworth

Völkerrechtsblog is delighted to post the second part of our conversation with Hilary Charlesworth. In this part of the interview she tells us more about the power of rituals and ritualism in human rights law, the role of law in regulation, why interdisciplinary research in law matters, and about her time on the ICJ, where she worked on the Whaling case.

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Photo provided by RegNet
Interview

Law as a site of politics (Part I)

An interview with Hilary Charlesworth

Hilary Charlesworth is best known for her work on feminist theory and international law, however her intellectual curiosity extends far beyond this – for example she recently explored the role of rituals and ritualism in human rights monitoring and in 2011 she was appointed judge ad hoc of the International Court of Justice for the Whaling in the Antarctic case. In 2015 Völkerrechtsblog had the pleasure to meet with Hilary Charlesworth in …

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DiscussionResponse

Owada and the whale: a Rejoinder

Nelson Coelho The arguments provided by James Harrison as to why the ICJ conducted an inversion of the burden of proof in the Whaling Case appear sound and conclusive; but they are also widely speculative. As he himself underlines, even though the award of the Court implies an interpretation of the ICRW notwithstanding clause as put forward by one of the parties in trial – namely the applicant – it …

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DiscussionResponse

Onus probandi in the Whaling Case – a comment

It is perhaps no surprise that Japan has decided to resume its scientific whaling following the judgment of the International Court of Justice in March 2014. After all, the Court noted that ‘Article VIII [of the International Convention for the Regulation of Whaling (ICRW)] expressly contemplates the use of lethal methods’ [§83], thereby confirming the right of Japan to conduct scientific whaling, including the killing of whales, provided that the …

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DiscussionKick-off

Owada and the whale: dissenting on the burden of proof before the ICJ

Japan is out whaling again. One year after the ICJ decision that found that Japan’s whaling program in the Antarctic was not in accordance with the International Convention for the Regulation of Whaling (ICRW), there is, unsurprisingly, a new push towards that same direction from Japanese authorities. This is the perfect opportunity to take a closer look at ‘the unofficial Japanese understanding’ of that case: the words of judge Owada …

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SymposiumVerfassungs- und Völkerrecht im Spannungsverhältnis

No custom restricting state immunity for grave breaches ‒ well why not?

In a recent judgement (discussed here and here), the Italian Constitutional Court (CC) found that the Italian Constitution barred Italian courts from applying the ICJ’s judgement in Germany v. Italy (discussed here and here) and that the Italian laws implementing the judgement were unconstitutional. The CC did so without wandering off into the field of international law. It did however acknowledge the ICJ’s finding, that there was no customary international …

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