Current Developments

Controversies in Caracas

Diplomatic asylum: regional customary law or treaty application?

After the failure of the uprising of the Venezuelan opposition, prosecuted politicians and military members are seeking refuge in the diplomatic representations of Brazil, Spain, Argentina and Italy. One might wonder if these incidents give reason to reconsider the existence of a regional customary rule on diplomatic asylum in Latin America. Diplomatic circumstances – controversial interests Diplomatic asylum is not codified, as it was left aside when the International Law …

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Semi-ColonialismSymposium

The a-historicity of Preah Vihear and the space for inter-disciplinarity in international law

Of International Law, Semi-colonial Thailand, and Imperial Ghosts is wide-ranging in research, nuanced in analysis, and replete with archival nuggets and food for thought. Prabhakar makes a number of important and interesting contributions in this paper. First, he convincingly substantiates a practical and theoretical distinction between colonies and semi-colonies. He goes on to demonstrate the continuing relevance of this distinction to the engagement of former colonies and semi-colonies with international law. …

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Semi-ColonialismSymposium

The Gods and Demons of the Preah Vihear Temple

The Churning I finally visited the Temple of Preah Vihear on 22 December 2018. Strikingly, the makers of the ancient temples of Cambodia appear infatuated with a particular Indian mythic leitmotif, the churning of the milk ocean. In order to churn the milk-ocean, Vishnu, a Hindu god, turns into a turtle to allow the planting of the Mount Mandhar, the churner, on his shell. Next, Vasuki, the serpent, is wrapped …

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Current DevelopmentsResponse

Plausibility and the ICJ

A response to Somos and Sparks

Since the ICJ’s 2001 decision in LaGrand (Germany v US), the Court’s jurisprudence on provisional measures indicated under Article 41 of its Statute has expanded dramatically. This is for two reasons—both, in my mind, connected to LaGrand. In the first place, with the Court having declared its provisional measures binding, it was incumbent upon it to ensure their requirements were clear and predictable. In the second (and in view of …

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Current Developments

The urgent, the plausible and the irreparable

The significance of lowering ICJ thresholds for provisional measures

The ICJ’s decision on Iran’s application for provisional measures in its high-profile proceedings against the United States of America for alleged violations of their 1955 Treaty of Amity was handed down on Wednesday. This tightly constrained and circumscribed stage of the proceedings, though only a precursor to the far more significant jurisdictional and merits stages—each of which has the potential to ask questions with lasting significance for international law and …

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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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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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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

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 does not …

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