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The Interests of Justice- where does that come from? Part II
Editor’s Note: This is part II of a two-part post. Read part I here. After tracing the drafting history of article 53 of the Statute in part I of this post, part II is dedicated to the consequences...
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An Unseen Actor Speaks
An Unseen Actor Speaks Smile at us, pass us or greet us; then, if you like, forget, For we are the unseen actors, that have not spoken yet. The interns, law clerks, jurists, of less than judicial...
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International Civil Servants and Their Unexplored Role in International Law
2019 marks the centenary of the foundation of the League of Nations. While the early intergovernmental organizations (IOs) founded before WWI were often staffed by seconded officials, Eric Drummond,...
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Academic Freedom Under Pressure
Contemporary threats to academic freedom are global, diverse and mounting. The ICNL-commissioned report Closing Academic Space published in March found “repressive and potentially repressive...
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The Amendments to the Russian Constitution: Putin’s Attempt to Reinforce...
On 15 January 2020, in his state-of-the-union address, President Putin proposed a number of amendments to the 1993 Constitution of the Russian Federation, including the ones prescribing to redistribute...
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The Forgotten Constitution: The UN Friendly Relations Declaration at 50
In the middle of a crisis, and of confinement, one is naturally drawn either to keep focussed on (very) short term events or to daydream about the very longue durée. Between these two extremes of the...
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We Can ‘Recover Better’ Through The Art of Law in the International Community
Editor’s Note: This week, EJIL:Talk! runs its first Book Discussion for the year 2020. As a timely thematic reflection for all international lawyers and international law academics contemplating the...
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The Nightmare and the Noble Dream: An International Law Edition
Mary Ellen O’Connell’s sweepingly ambitious The Art of Law in the International Community is fueled by a sense of urgency: in a world facing a “‘piecemeal’ World War III’, (p. 15), international law,...
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Aesthetic Philosophy and the Art of Law in the International Community
Inspired by Sir Hersch Lauterpacht’s writings, Mary Ellen O’Connell, in the Art of Law in the International Community, provides a contemporary response to the ever increasing erosion by states –in the...
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Concluding Rejoinder: The Art of International Law and Altruism of...
In the introductory essay, I sought to apply The Art of Law in the International Community as a response not only to military force and other ills, but to the COVID-19 pandemic. Four colleagues have...
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The Myth and Mayhem of ‘Build Back Better’: Human Rights Decision-Making and...
Human rights were already under siege everywhere around the world before COVID-19. But there is also a dawning race now against reaching the ‘twilight of human rights law’, due to: 1) authoritarian...
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Rousing from Dogmatic Slumbers
Editor’s Note: Over the next week, EJIL:Talk! is running a Book Discussion, reflecting on Don Herzog’s Sovereignty RIP. Reviewers include Jack Goldsmith, Neil Walker, Heike Krieger and James Gathii....
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Does Anyone Buy the Classic Theory of Sovereignty?
Don Herzog obliterates the “classic theory of sovereignty” — the view that “every political community must have a locus of authority that is unlimited, undivided, and unaccountable to any higher...
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Of Babies and Bathwater: A Comment on Herzog
Sovereignty has been the target of so many indictments over the years that it is a hard task to renew the case against it in a way that is fresh and interesting. It is a tribute to Don Herzog that he...
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Sovereignty – an Empty Vessel?
Sovereignty RIP? In his book, Don Herzog urges us to “bury” the concept of sovereignty. Since sovereignty has mutated, over the centuries, from the idea of an “unlimited, undivided, and unaccountable...
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Burying Sovereignty All Over Again: A Brief Review of Don Herzog’s...
Don Herzog’s Sovereignty RIP is a great read and I highly recommend it. It is extremely well written and it has a compelling argument. It focuses on what it refers to as the classic theory of...
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Unrepentant: Sovereignty RIP
Warm thanks to the symposiasts and thanks again to EJIL: Talk! for opening its pages to an outsider to international law. It’s gratifying to garner some approval of what I did, far more gratifying to...
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Beyond the State: Our Shared Duties to Cooperate to Realize Human Rights...
I was not expecting my University to land in global news reports this week (see here, here, here, and here, among others), because of its decision yesterday to temporarily move to online instruction...
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Professional Solidarity in Teaching: An Invitation to the ESIL Teaching Corner
At many different levels of social interaction, COVID-19 has emphasised the need to act in a spirit of solidarity. The disruptions in higher education raise challenges for teaching and our field as a...
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Narendra Modi’s Nationalist-Populism in India and International Law
The rise of populist regimes in many countries has triggered scholarly debates on populism and international law. However, studying populism and international law is fraught with methodological...
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