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

Stretching Abstract Reasoning to its Limits

The IACtHR and the Right to a Healthy Environment

The Inter-American Court of Human Rights issued the Advisory Opinion (AO) of 15 November, 2017 (OC-23/17), on the subject matter of the environment and human rights. Its wide-ranging features already sparked a lively debate in the blogosphere (see here, here and here). Whereas some welcome the Court’s engagement with environmental rights, others are either skeptical of the way in which the AO deals with criteria of state responsibility in human …

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Current Developments

The Kosovo Specialist Chambers

A New Chapter for International Criminal Justice in the Balkans

As the doors were closing on Churchillplein 1, the Hague, the former home of the International Criminal Tribunal for the former Yugoslavia (ICTY), only a short walk away a new institution began preparing indictments for war crimes committed during the Yugoslav wars. 

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Current Developments

The identification of individuals

Some thoughts on the ECHR judgment in the case N.D. and N.T.

The European Court of Human Rights (ECtHR) in its judgment in the case and N.T. v. Spain found that push-backs to Morocco in the border zone of the Spanish enclave Melilla violated the prohibition of collective expulsion. The decision is important as it concerns the delimitation between legitimate border protection and practices that violate the European Convention of Human Rights (ECHR) – and thereby the key question in all regulation …

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Current Developments

Status: “It’s complicated”

On African leaders’ troubled relationship with international courts

Courts are to many African leaders what models are to soccer stars: they are arm candy, but they are not expected to develop a life of their own, or make anybody look bad in public. Thus, if international courts dare to touch upon issues that actually matter to African elites, they will either be killed off or neutered, or, if this is not possible, states will withdraw from their jurisdiction. …

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Current Developments

The International Arbitration Bill and the future of arbitrations in South Africa

“The vast bulk of Africa-related international arbitration cases are resolved in Europe.” Most treaties concluded by the Republic of South Africa (‘RSA’) do not require the exhaustion of domestic remedies before approaching an international tribunal. The case of Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1) (‘Piero Foresti’) has been cited as the case that galvanised the government of South Africa to take …

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Feminist Critiques of International CourtsSymposium

Vive la diversité!

A Roadmap to Gender Parity on African Regional Courts?

As of May 2017, the African Court on Human and Peoples’ Rights (ACtHPR) appears to be the most gender balanced bench in the world, with women occupying 45% (5 out of 11) of the seats on the court. This development is a far outcry from the meager 18% (2 out of 11) seats women have occupied on the court when it came into force in 2006. Notwithstanding this observation, the …

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Feminist Critiques of International CourtsSymposium

Judgment and diversity

Thinking with Hannah Arendt about the composition of international court benches

If the number of female judges in an international tribunal is one out of twenty-one, as in the case of the International Tribunal for the Law of the Sea (ITLOS), we can assume that there is a problem. Not because a woman’s judgment would necessarily and predictably be different, as Selen Kazan has discussed. But, as Nienke Grossman also explains here, because women are just as qualified to serve as …

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Feminist Critiques of International CourtsSymposium

Why a woman’s presence on the bench is a human rights issue

In order to avoid the danger of an essentialist approach when talking about women’s representation in international courts, the issue should be framed as of of human rights and not merely as one of gender. Although both approaches, the human rights and a more gender-focused feminist one, may have the same goal this is a tricky and crucial distinction to be made. When discussing arguments for women’s presence on the …

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