Blogs & Commentary

Treaty Interpretation and The Child in International Refugee Law

Jason Pobjoy explains in The Child in International Refugee Law (CUP 2017) how the rule set out in Article 31 of the Vienna Convention on the Law of Treaties (VCLT), the ‘general rule of interpretation’, in his words, ‘comprises a single ho...Read More

Child Refugees and International Law: Legal Imagination in the Service of Others

What is seen and experienced often determines outcomes, in law as elsewhere. Background assumptions about the world (including legal texts) can distort the interpretation and application of norms. Partial perspectives render invisible what ...Read More

An Introduction: The Child in International Refugee Law

I want to start by expressing my thanks to the editors of EJIL: Talk! for arranging this book discussion, and to Deborah Anker (with Nancy Kelly and John Willshire Carrera), Eirik Bjorge, Mary Crock, and Colin Harvey for agreeing to partici...Read More

Announcement: Book Discussion on Jason Pobjoy’s “The Child in International Refugee Law”

The blog is happy to announce that over the next few days, we will host a discussion of Jason Pobjoy’s new book, The Child in International Refugee Law. Jason Pobjoy is a barrister at Blackstone Chambers, where he has a broad practice inclu...Read More

Is Ukraine a “Stranger” to the EU? OPAL Case

In their recent contribution to the Global Trust Working Paper Series, Professor Eyal Benvenisti and Dr. Sivan Shlomo Agon raise one conspicuous, though rarely asked, question within a broader topic of state sovereignty in a globalised worl...Read More

Announcements: New additions to the UN Audiovisual Library of International Law; CfP Contingency in the Course of International Law; Conference on Dispute Resolution in the Law of International Watercourses and the Law of the Sea

1. New additions to the UN Audiovisual Library of International Law. The Codification Division of the UN Office of Legal Affairs has added new lectures to the UN Audiovisual Library of International Law website, which provides high quality ...Read More

Who is the victim of cultural heritage destruction? The Reparations Order in the case of the Prosecutor v Ahmad Al Faqi Al Mahdi

On 17 August 2017, Trial Chamber VIII of the ICC issued its Reparations Order in the Al Mahdi case. The Chamber found that Al Mahdi was liable for 2.7 million euros for (a) the damage caused by the attack of nine mosques and the Sidi Yahia ...Read More

The Defense of ‘Obedience to Superior Orders’ in the Age of Legal Clearance of Military Operations

A military pilot receives an order to bomb a building in a densely populated city. He is told that the order has received legal “clearance” from military legal advisors. Can the pilot refuse to obey the order without being punished, since h...Read More

The Al-Werfalli Arrest Warrant: Denial of Fair Trial as an Additional Allegation and a Hint at a Possible Defence

Last week, the International Criminal Court (ICC) issued an arrest warrant in the Libya Situation against Mahmoud Al-Werfalli. The arrest warrant alleges that Al-Werfalli is criminally responsible for the war crime of Murder, in a non-inter...Read More

The Partition of India and Pakistan: Lessons on UN Membership in the Event of a Break-Up of Member

70 years ago today (21 August 1947) the United Nations Security Council adopted Resolution 29 recommending that the General Assembly admit Pakistan to membership of the United Nations. That resolution was adopted a few days after British In...Read More

The Kosovo Specialist Chambers’ Rules of Procedure and Evidence

The Kosovo Specialist Chambers (KSC) and the Specialist Prosecutor’s Office (SPO) are the latest addition to a multi-layered and broad spectrum of international institutions dedicated to the investigation and prosecution of international cr...Read More