Category: International Law (page 1 of 2)

‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People’s Tribunals

Dr Aldo Zammit Borda

This article considers that, in the current state of international justice, informal People’s Tribunals (PTs) constitute indispensable, quasi-judicial institutions that bridge gaps in access to justice, challenge official narratives (or silences) about atrocities and, potentially, open up new avenues towards justice and recognition.

Continue reading

The Challenges of Long-Delayed Prosecutions in Fighting Impunity in Bangladesh

Dr Aldo Zammit Borda

This article focuses on the challenges of ‘long-delayed’ prosecutions, that is, criminal prosecutions that begin decades after the conflict, using the experience of the International Criminal Tribunal for Bangladesh (ICT-BD) as a case study. This issue is still an insufficiently discussed topic even though such prosecutions are likely to become more common in the future. This is because of the greater emphasis that is being placed on fighting impunity around the world, as well as legal and historical reckoning with past atrocities. As one ICT-BD prosecutor put it, the establishment of the ICT-BD in Bangladesh has opened the door for the possibility of accountability in other South Asian countries and more broadly. One day, the political leaders of such countries may find the political will to try perpetrators of mass atrocities even after a long delay. Indeed, it is possible that such prosecutions may become more common:

Continue reading

Dilemmas of UN Peacekeeping: Alex Gilder’s new book ‘Stabilization and Human Security in UN Peace Operations’

Andrea Maria Pelliconi, Alex GilderKseniya Oksamytna

United Nations (UN) peace operations are typically a troubled sea to navigate. Peace operations operate in increasingly hostile environments and have to manoeuvre through dangerous waters: continuing insurgencies, ineffective state presence, widespread violence and insecurity, and even terrorist attacks. Stabilisation efforts may carry human rights and humanitarian risks, especially when they come with heavy militarisation, or with mandates that leave the mission without a clear political direction. These dangers bring about potential shortcomings in effectiveness, and even legitimacy challenges. Yet peace operations remain a crucial tool to attempt to advance peace and stability.

Continue reading

The WTO’s Essential Security Exception and Revocation of Russia’s Most Favoured Nation Status following the Invasion of Ukraine

David Collins

Shortly after Russia’s invasion of Ukraine, several nations, led by Canada and Ukraine, suspended the application of the World Trade Organization’s Most Favoured Nation (MFN) treatment to Russian goods. MFN is a foundational principle of WTO law, contained in Article I of the General Agreement on Tariffs and Trade (GATT). It promises that all WTO members will receive the same treatment as each other – the lowest tariffs on all goods offered by each WTO member will be made available to all. The effect of this trade sanction against Russia will not be lost on its president – Vladimir Putin’s masters’ thesis was allegedly on the importance of the MFN principle to international trade. The actual impact of the revocation of MFN on Russia may be less significant and the legal issues behind it are complex and troubling.

Continue reading

The EU and its Member States’ Joint Participation in International Agreements

Three academics from The City Law School – Elaine Fahey, Panos Koutrakos and Jed Odermatt – have contributed to a new edited volume The EU and its Member States’ Joint Participation in International Agreements (Hart 2022). The volume is based on contributions presented at a workshop held at the University of Geneva in November 2020.

EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. Thie book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. Each chapter was jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

Continue reading

Russian invasion of Ukraine – Legal Developments and Sources

Jed Odermatt 

An overview of the latest legal developments and sources related to the Russian invasion of Ukraine.

General Information

Continue reading

EU General Court: EU-Morocco trade agreements concluded without the consent of the people of Western Sahara

Jed Odermatt

On 29 September 2021 the European Union’s General Court annulled Council decisions approving trade and fisheries agreements concluded between the European Union and the Kingdom of Morocco.  The judgment is the latest in an ongoing saga in which the EU’s trade agreements with Morocco have been challenged before the EU courts on the grounds that they violate international law. These agriculture and fishing agreements apply to the territory and territorial waters of Western Sahara, a non-self-governing territory occupied by Morocco, without the consent of the people of Western Sahara.

Continue reading

International Law and the European Union: The Challenge of Integrating Multiple Perspectives

Jed Odermatt

The European Union has become an ever more visible and active player at the international level. Legal scholarship has addressed this phenomenon. The field of EU external relations law discusses the legal issues that arise from the EU’s activity on the international plane. Much of this literature is focused on the internal issues that the European Union and its Member States face. In International Law and the European Union, I sought to explore the issues that arise, not only for the EU legal order, but also for international law and for non-EU states.

International Law and the European Union

International Law and the European Union

To do so, the book integrates the perspectives of  European Union law and of international law. In researching the book, I quickly realized that there were diverging views about the very nature of the EU and its legal order. As I discuss in Chapter 1 on ‘The European Union in International Law’ both legal scholarship and practice present an ‘EU law’ view and an ‘international law view’ on the nature of the European Union. The EU law view tends to see the EU as a unique legal order, one that has escaped from its international law origins. It is highly influenced by the narrative, established by the Court of Justice of the EU in van Gend & Loos and later judgments, of the Union as a ‘new legal order’. This internal narrative remains contested in international law scholarship, which tends to view the Union as a type of international organization, albeit one that has developed a number of unique features. The aim of the book is not to argue which of these views is ‘correct’. Rather, it accepts that the EU is a unique type of legal entity, and explores how international law concepts and principles have adjusted and respond to these claims. Rather than provide a unitary theory of the European Union that could address the types of legal clashes and conflicts that arise under EU and international law, it explores the ways that public international law addresses legal subjects other than states.

Continue reading

Webinar series – General and Complete Disarmament: Contemporary Perspectives on World Peace Through World Law

A webinar series by the International Law and Affairs Group at City, University of London and the SCRAP research group at the Centre for International Studies and Diplomacy, SOAS

Continue reading

Introducing “Understanding the EU as a Good Global Governance Actor” – a forthcoming edited collection with Edward Elgar Publishing

Elaine Fahey and Isabella Mancini

“Understanding the EU as a Good Global Governance Actor: ambitions, direction and values” is the provisional title of a book project forthcoming with Edward Elgar in 2022 and edited by (Elaine Fahey City Law School) and Isabella Mancini (City Law School/ Brunel Law School).

Continue reading

Older posts

© 2022 City Law Forum

Theme by Anders NorenUp ↑

Skip to toolbar