CIL Dialogues

An International Law Blog

CIL Dialogues is the re-imagination of the existing blog of the Centre for International Law (CIL) of the National University of Singapore (NUS). The editorial team’s approach to CIL Dialogues reflects two shared commitments. First, we share a generalist perspective of international law, viewed as raising shared foundational questions across specialised fields, institutions, regions, and inquiries. Secondly, we are appreciative that CIL Dialogues is not based in (the virtual space of), or associated with institutions in the ‘Western European and Others States Group’. The blog will therefore be interested in international law broadly conceived and seek to be attentive to regional perspectives to questions of universal and general relevance, particularly relating to Asia Pacific, as well as the views and voices that may have been traditionally excluded. More...

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General

The Azerbaijan–Armenia Lawfare Goes Ahead: Contrasting the Twin Judgements on Preliminary Objections within the Constellation of Inter-State Legal Proceedings by Kei Nakajima (Associate Professor of International Law, University of Tokyo) Published on 21 January 2025 On 12 November 2024, the International Court of Justice (‘the Court’) delivered two judgments on preliminary objections raised by Armenia …

The Azerbaijan–Armenia Lawfare Goes Ahead: Contrasting the Twin Judgements on Preliminary Objections within the Constellation of Inter-State Legal Proceedings Read More »

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The Inter-American Court of Human Rights’ Expansion of Jus Cogens and the Missing Piece of the Puzzle: Aggravated State Responsibility by Diego Enrique Uribe Bustamante (Adjunct Professor, Universidad Autónoma del Estado de México) Last 18 November 2024, the Inter-American Court of Human Rights (IACtHR or ‘the Court’) published a landmark decision in the case of Pueblos …

The Inter-American Court of Human Rights’ Expansion of Jus Cogens and the Missing Piece of the Puzzle: Aggravated State Responsibility Read More »

Climate Change Law

Just Transitions and the UN Secretary-General’s Panel Critical Energy Transition Minerals Recommendations on “Resourcing The Energy Transition Principles to Guide Critical Energy Transition Minerals Towards Equity and Justice” by Railla Puno (Associate Lead, Climate Change Law and Policy, CIL) and Danielle Yeow (Lead, Climate Change Law and Policy, CIL) With acknowledgements and thanks to Rayson …

Just Transitions and the UN Secretary-General’s Panel Critical Energy Transition Minerals Recommendations on “Resourcing The Energy Transition Principles to Guide Critical Energy Transition Minerals Towards Equity and Justice” Read More »

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Addressing the Criticisms against the United Nations Convention against Cybercrime by Nguyen Thanh Trung Cybercrime is a crisis brought about in the digital age. A recent report by the United Nations Office on Drugs and Crime (‘UNODC’) estimates financial losses between US$18 billion and US$37 billion from cyber scams targeting victims in East and Southeast …

Addressing the Criticisms against the United Nations Convention against Cybercrime Read More »

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Key contentions at the Hearings on the ICJ Advisory Opinion on climate change By Danilo B. Garrido Alves and Efstathios-Effraim Giannidakis Published on 3 January 2025 Between 3 and 13 December, over 100 States and international organisations appeared before the International Court of Justice (some of which—such as Barbados, Sierra Leone, the Cook Islands, Micronesia, …

Key contentions at the Hearings on the ICJ Advisory Opinion on climate change Read More »

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Symposium: 125 years of the Permanent Court of Arbitration: A Retrospective and exploration of New Frontiers The distinctive role of the Permanent Court of Arbitration in shaping the future of international dispute resolution by Celine Lange Published on 12 December 2024 Panellists at the Singapore Commemorative Event on the 125th anniversary of the Permanent Court of …

The distinctive role of the Permanent Court of Arbitration in shaping the future of international dispute resolution Read More »

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Symposium: 125 years of the Permanent Court of Arbitration: A Retrospective and exploration of New Frontiers A PCA for the Next Century by Wenlan Yang Published on 12 December 2024 The third panel of the commemorative event held in Singapore on 25 July 2024 for the 125th anniversary of the Permanent Court of Arbitration (PCA) featured …

A PCA for the Next Century Read More »

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Symposium: 125 years of the Permanent Court of Arbitration: A Retrospective and exploration of New Frontiers Innovations in Dispute Resolution: the PCA and Singapore on the Cutting Edge by Daniel Pakpahan Published on 12 December 2024 The second panel of the commemorative event held in Singapore on 25 July 2024 for the 125th   anniversary of the …

Innovations in Dispute Resolution: the PCA and Singapore on the Cutting Edge Read More »

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Symposium: 125 years of the Permanent Court of Arbitration: A Retrospective and exploration of New Frontiers The Permanent Court of Arbitration through the Ages by Liyuan Feng Published on 12 December 2024 In 2024, the Permanent Court of Arbitration (PCA) celebrates 125 years of existence. The PCA was established by the Convention for the Pacific …

The Permanent Court of Arbitration through the Ages Read More »

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The ICC arrest warrants in the Palestine Situation: double standards, limitations and opportunities By Alessandra Spadaro Published on 11 December 2024 On 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (ICC) issued the first arrest warrants for crimes committed in the Situation in the State of Palestine. The warrants of arrest for …

The ICC arrest warrants in the Palestine Situation: double standards, limitations and opportunities Read More »

Climate Change Law

Milieudefensie et al. v. Shell: Analysis and Commentary of the Hague Court of Appeal’s Decision By Jolene Lin Published on 18 November 2024 On 12 November 2024, the Hague Court of Appeal handed down its much-anticipated decision in Milieudefensie et al. v. Shell (commonly referred to as the ‘Shell climate case’). The case revolves around …

Milieudefensie et al. v. Shell: Analysis and Commentary of the Hague Court of Appeal’s Decision Read More »

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Benefit v Consent: CJEU’s Front Polisario II Judgment and the Law of Self-Determination By Andrea Maria Pelliconi and Jed Odermatt Published on 15 November 2024 On 4 October 2024, the Grand Chamber of the Court of Justice of the European Union (CJEU) found that fisheries and trade agreements concluded between the European Union (EU) and …

Benefit v Consent: CJEU’s Front Polisario II Judgment and the Law of Self-Determination Read More »

Global Health Law and Governance

Symposium | Building Resilience: Advancing Local R&D and Production of Health Products in the WHO Pandemic Agreement Decoding Technology Transfer in the Proposed WHO Pandemic Accord By Kashish Aneja Published on 14 November 2024 Introduction The COVID-19 pandemic exposed critical weaknesses in global preparedness, particularly in the equitable access and distribution of health technologies like diagnostics, …

Decoding Technology Transfer in the Proposed WHO Pandemic Accord Read More »

Global Health Law and Governance

Symposium | Building Resilience: Advancing Local R&D and Production of Health Products in the WHO Pandemic Agreement Navigating the Tensions Between Self-Reliance and Global Cooperation in Pandemic Preparedness By Ronald Eberhard Tundang Published on 13 November 2024 Introduction The COVID-19 pandemic has fundamentally altered the global landscape of pharmaceutical supply chains, exposing critical vulnerabilities and driving …

Navigating the Tensions Between Self-Reliance and Global Cooperation in Pandemic Preparedness Read More »

Global Health Law and Governance

Symposium | Building Resilience: Advancing Local R&D and Production of Health Products in the WHO Pandemic Agreement The Pandemic Treaty – A Role for Local Capacity in Addressing Vaccine Inequity and Lack of Access? By Nicole D. Foster Published on 12 November 2024 The Director General of the World Health Organization (WHO), Tedros Ghebreyesus’ August 14 …

The Pandemic Treaty – A Role for Local Capacity in Addressing Vaccine Inequity and Lack of Access? Read More »

Global Health Law and Governance

Symposium | Building Resilience: Advancing Local R&D and Production of Health Products in the WHO Pandemic Agreement Research and Development in the Pandemic Agreement: Self-Limiting Treatymaking By Pedro A. Villarreal Published on 11 November 2024 The rapidness with which new vaccines were developed against COVID-19 is often touted as a success story of scientific discovery. What …

Research and Development in the Pandemic Agreement: Self-Limiting Treatymaking Read More »

Global Health Law and Governance

Symposium | Building Resilience: Advancing Local R&D and Production of Health Products in the WHO Pandemic Agreement Building Resilience: Advancing Local R&D and Production of Health Products in the WHO Pandemic Agreement Introduction to the Symposium By Ayelet Berman Published on 11 November 2024 “Give a man a fish, and you feed him for a day; …

Building Resilience: Advancing Local R&D and Production of Health Products in the WHO Pandemic Agreement Read More »

General

Symposium: High Politics at the International Court of Justice The politics of facts before the International Court of Justice By Ana Luísa Bernardino Published on 23 October 2024 There was a time in the history of the International Court of Justice (ICJ), in the years immediately following its establishment and, most acutely, in the aftermath …

The politics of facts before the International Court of Justice Read More »

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Symposium: High Politics at the International Court of Justice The International Court of Justice’s intrinsic powers to decide all cases brought before it By Ambassador Carlos Argüello Published on 22 October 2024 This symposium invites us to reflect on the proliferation of cases concerning “high politics” adjudicated at the International Court of Justice (ICJ or …

The International Court of Justice’s intrinsic powers to decide all cases brought before it Read More »

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Symposium: High Politics at the International Court of Justice The Power of the World Court Unleashed: The Chagos Archipelago Advisory Opinion and Decolonisation By Trung Nguyen Published on 21 October 2024 British colonialism marked a dark page in humankind’s history and it still haunts us today like the ghost of Hamlet’s father. The story of …

The Power of the World Court Unleashed: The Chagos Archipelago Advisory Opinion and Decolonisation Read More »

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Symposium: High Politics at the International Court of Justice The Rohingya Crisis at the ICJ: Caught between Legal Technicalities and Limits of the Court By Emraan Azad Assistant Professor in Law, Bangladesh University of Professionals Published on 18 October 2024 The crisis in relation to the protection of the Rohingya has two dimensions: one is …

The Rohingya Crisis at the ICJ: Caught between Legal Technicalities and Limits of the Court Read More »

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Symposium: High Politics at the International Court of Justice High Politics and the International Court of Justice By Gleider Hernández Published on 17 October 2024 The notion of ‘high politics’ in international adjudication is only paradoxical if one insists strictly on a conceptual separation between law and politics. Though the point of law and legal …

High Politics and the International Court of Justice Read More »

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Symposium: High Politics at the International Court of Justice Mega-Political Cases before the ICJ: Transforming a Hegemonic into a Negotiated Order? By Heike Krieger Published on 16 October 2024 In recent years, states have increasingly turned to the International Court of Justice (ICJ) to adjudicate what one may describe as ‘mega-political’ cases. Such cases concern …

Mega-Political Cases before the ICJ: Transforming a Hegemonic into a Negotiated Order? Read More »

General

Symposium: High Politics at the International Court of Justice ‘High Politics’ at the International Court of Justice By Ntina Tzouvala Published on 16 October 2024 It is a long-held position of the International Court of Justice (ICJ) that it is not precluded from pronouncing on the legal dimensions of a question simply because said question …

‘High Politics’ at the International Court of Justice Read More »

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Combating Biopiracy by Fostering Coordination across the Environment, Intellectual Property and Trade Regimes By Pallavi Arora Published on 5 August 2024 The advent of biotechnology has raised concerns about biopiracy: the utilization of biological resources and traditional knowledge without permission from or compensation to the local communities who are the rightful custodians of these resources …

Combating Biopiracy by Fostering Coordination across the Environment, Intellectual Property and Trade Regimes Read More »

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Symposium: Gravity at the International Criminal Court Gravity at the International Criminal Court: A Response By Priya Urs Published on 8 August 2024 I am grateful to Meg deGuzman, Patryk Labuda and Martha Bradley for generously giving their time to reflect on Gravity at the International Criminal Court. Each of them raises a variety of …

Gravity at the International Criminal Court: A Response Read More »

General

Symposium: Gravity at the International Criminal Court Gravity at the International Criminal Court: Admissibility and Prosecutorial Discretion by Priya Urs: A significant contribution offering a refreshing guidance towards the assessment of the gravity criterion to insure prosecutorial consistency By Martha M Bradley Published on 8 August 2024 Gravity at the International Criminal Court: Admissibility and …

Admissibility and Prosecutorial Discretion by Priya Urs Read More »

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Symposium: Gravity at the International Criminal Court Law versus Policy? Exploring the Meaning of Gravity before the International Criminal Court By Patryk I. Labuda Published on 7 August 2024 Priya Urs’ new book is an important contribution to the literature on the International Criminal Court (ICC or Court). In under two hundred pages, she manages …

Law versus Policy? Exploring the Meaning of Gravity before the International Criminal Court Read More »

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Symposium: Gravity at the International Criminal Court Faith in Gravity By Margaret M. deGuzman Published on 6 August 2024 The concept of gravity—that some crimes are especially serious—is at the heart of the International Criminal Court (ICC or Court) regime. Among other things, it helps to determine which situations and cases the ICC investigates and …

Faith in Gravity Read More »

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Symposium: Gravity at the International Criminal Court Gravity at the International Criminal Court: An Introduction By Priya Urs Published on 6 August 2024 I began thinking about the selectivity of the investigation and prosecution of international crimes in 2014, when I worked with the Afghan Independent Human Rights Commission to strengthen its role in monitoring …

Gravity at the International Criminal Court: An Introduction Read More »

Global Health Law and Governance

Missed opportunities: WIPO Treaty falls short of protecting Traditional Knowledge By Kriti Sharma Published on 15 July 2024 On May 24, 2024, twenty five years of negotiations culminated in the World Intellectual Property Organization’s (WIPO) Diplomatic Conference adopting its first treaty on Intellectual Property, Genetic Resources and associated Traditional Knowledge (“the treaty”). Developed as a …

Missed opportunities: WIPO Treaty falls short of protecting Traditional Knowledge Read More »

General

Legality of Cyber Operations in the Israel-Hezbollah War By Mr Hussein Badreddine Published on 23 May 2024 In the aftermath of the 7 October 2023 attack conducted by Hamas and other Palestinian factions, Israel claimed the right of self-defence and began a widespread operation in the Gaza strip. On 8 October 2023, Hezbollah launched rockets …

Legality of Cyber Operations in the Israel-Hezbollah War Read More »

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Strengthening Global Biosecurity and Biosafety Efforts: The Role of the BWC National Implementation Database in Informing and Guiding National Policies By Dr. Jaroslav Krasny Published on 24 April 2024 The Biological Weapons Convention National Implementation Database (“BWC Database”), developed collaboratively by the United Nations Institute for Disarmament Research (UNIDIR) and the Verification Research, Training and …

Strengthening Global Biosecurity and Biosafety Efforts: The Role of the BWC National Implementation Database in Informing and Guiding National Policies Read More »

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Environmental Provisions in ASEAN’s Investment Agreements: The Need to Strengthen Member States’ Right to Regulate Environmental Issues By Kim Anh Dao Published on 4 April 2024 The Association of Southeast Asian Nations (ASEAN) holds a significant position in the international investment rule-making arena. Alongside treaties concluded by its individual members, ASEAN, as a unified entity, …

Environmental Provisions in ASEAN’s Investment Agreements: The Need to Strengthen Member States’ Right to Regulate Environmental Issues Read More »

Ocean Law and Policy

The 2023 IMO Assembly Resolution enables States to challenge the ‘Dark Fleet’ that threatens the marine environment By Robert Beckman, Trung Nguyen and Joel Ong Jie Hao Published on 18 March 2024 Disclaimer: This blog post is supported by the MPA-CIL Oceans Governance Research Programme funded by the Singapore Maritime Institute (SMI-2023-MA-03). At its thirty-third …

The 2023 IMO Assembly Resolution enables States to challenge the ‘Dark Fleet’ that threatens the marine environment Read More »

General

Artificial Intelligence and Article 33.4 VCLT By Tarcisio Gazzini Published on 14 March 2024 Introduction Artificial intelligence (AI) is set to radically change legal education and the legal profession. Suffice it to mention the administration of justice through machines. This comment focuses on a much more specific issue, namely the interpretation of multilingual treaties. Article …

Artificial Intelligence and Article 33.4 VCLT Read More »

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Does breaching UNCLOS invoke the right of self-defence? By Shani Friedman Published on 19 February 2024 Introduction Since October 2023, as part of the Israeli-Hamas war following the October 7 massacre in Israel, the Houthis – an Iranian-backed Yemeni terrorist group – attacked commercial ships in the Gulf of Aden and the Red Sea in …

Does breaching UNCLOS invoke the right of self-defence? Read More »

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China’s engagement with the ITLOS climate change advisory proceedings and its strategic formalism in international law By Ryan Martínez Mitchell Published on 6 February 2024 Several months ago, Beijing decided to take a stand against the expansion of advisory opinion jurisdiction to the full International Tribunal for the Law of the Sea (ITLOS), as well …

China’s engagement with the ITLOS climate change advisory proceedings and its strategic formalism in international law Read More »

General

Israel, South Africa and the Power of Genocide By Yusra Suedi Published on 23 January 2024 The International Court of Justice (ICJ, the Court) has increasingly been the theatre for accusations of the crime of genocide. The latest instalment is South Africa’s institution of proceedings against Israel for committing genocide in the Gaza Strip. Genocide …

Israel, South Africa and the Power of Genocide Read More »

General

Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Tokyo Women’s Tribunal – Voices of the Women Working Behind the Scenes (Part Two) Interviews of Indai Sajor, Aurora De Dios, and Susan Macabuag By Aishwarya Arumugham and Lee Jia Ying Published on 19 January 2024 This is part 2 of a two-part blog …

Tokyo Women’s Tribunal – Voices of the Women Working Behind the Scenes (Part Two) Read More »

General

Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Tokyo Women’s Tribunal – Voices of the Women Working Behind the Scenes (Part One) Interviews of Indai Sajor, Aurora De Dios, and Susan Macabuag By Aishwarya Arumugham and Lee Jia Ying Published on 19 January 2024 The Tokyo Women’s Tribunal (TWT) was a peoples’ …

Tokyo Women’s Tribunal – Voices of the Women Working Behind the Scenes (Part One) Read More »

General

Falepili Union Treaty, statehood and protection of persons in light of sea-level rise: state practice of preserving the status quo? By Rashmi Raman and Daniel Pakpahan Published on 8 January 2024 The Falepili Union Treaty of 9 November 2023 is making waves across reports that comment on the intriguing and possibly trailblazing agreement on climate …

Falepili Union Treaty, statehood and protection of persons in light of sea-level rise: state practice of preserving the status quo? Read More »

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Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law “We’re going wrong” Human rights and constitutionalism after 50 years of Chile’s coup d’État by Jorge Contesse Published on 22 December 2023 Chile has commemorated 50 years of the coup d’état that overthrew the Popular Unity government led by …

“We’re going wrong” Human rights and constitutionalism after 50 years of Chile’s coup d’État Read More »

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Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law Rights, Reports, and Regionalism: The Chilean Coup and the Inter-American Narrowness by Francisco-José Quintana Published on 22 December 2023 [The Latin American leaders of my generation] lacked power, and they lacked power because they allowed foreign capital to continue …

Rights, Reports, and Regionalism: The Chilean Coup and the Inter-American Narrowness Read More »

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Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law The Good, The Bad, The Assemblage: ITT, IBM and Chile by André Dao Published on 21 December 2023 I On 4th December 1972, less than a year before his death during the military coup, Salvador Allende addressed a plaintive …

The Good, The Bad, The Assemblage: ITT, IBM and Chile Read More »

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Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law International Order and the Politics of Freedom of Information in Chile by Wanshu Cong Published on 21 December 2023 This post considers Allende’s socialist revolution in Chile as one of the earliest and toughest battles for not only a …

International Order and the Politics of Freedom of Information in Chile Read More »

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Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law Critical legal theory situated: the work of Eduardo Novoa Monreal as the legal adviser of Salvador Allende by Fabia Fernandes Carvalho and João Roriz Published on 20 December 2023 Ahora, después de haber tenido la singular experiencia de asesorar …

Critical legal theory situated: the work of Eduardo Novoa Monreal as the legal adviser of Salvador Allende Read More »

General

Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law Allende’s Workshop: Technological Diplomacy and the Stakes of Solidarity by Anna Saunders Published on 20 December 2023 In the wake of mid-century decolonisation, many newly independent states sought ways to structure their economic relations so as to avoid new …

Allende’s Workshop: Technological Diplomacy and the Stakes of Solidarity Read More »

General

Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law Salvador Allende, Populism and An International Law of Solidarity by Dr Claerwen O’Hara and Dr Valeria Vázquez Guevara Published on 19 December 2023 Today, populist politics are often depicted as hostile to international law. Specifically, there is an …

Salvador Allende, Populism and An International Law of Solidarity Read More »

General

Symposium: Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law by Wanshu Cong and Francisco-José Quintana Published on 19 December 2023 Fifty years ago, a military coup d’état put a brutal end …

Remembering to Reimagine: A Symposium on Salvador Allende, Unfulfilled Promise, and the Future of International Law Read More »

General

The ICJ should appoint experts in the advisory proceedings in Obligations of States in respect of Climate Change By Professor Eirik Bjorge, Dr Nilüfer Oral Published on 4 December 2023 The year 2023 has been marked by an unprecedented number of requests for advisory opinions concerning climate change and State obligations under international law. This …

The ICJ should appoint experts in the advisory proceedings in Obligations of States in respect of Climate Change Read More »

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Identifying Legal Gaps in International Humanitarian Law Governing Peace Operations By Varun VM Published on 29 November 2023 This post highlights the importance of identifying legal gaps in international humanitarian law (IHL) applicable to peacekeeping operations. It explores the complexities of peacekeeping, including the multidimensional nature of missions and the challenges associated with distinguishing combatants …

Identifying Legal Gaps in International Humanitarian Law Governing Peace Operations Read More »

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Four new judges and one re-elected at the ICJ: an election of firsts By Dr Massimo Lando Published on 14 November 2023 Photo credit: United Nations General Assembly hall in New York City, taken by Patrick Gruban, cropped and downsampled by Pine. This file is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license. …

Four new judges and one re-elected at the ICJ:an election of firsts Read More »

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Symposium: Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice ‘Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice’ – A Response by Yusra Suedi Published on 6 October 2023 In this symposium, Alex De la Cruz, Carlos A. …

‘Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice’ – A Response Read More »

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Symposium: Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice Due regard to the interests of coastal communities in maritime delimitation cases: towards participation, persuasion and equity by Carlos A. Cruz Carrillo Published on 6 October 2023 First and foremost, I would like to thank the Editors …

Due regard to the interests of coastal communities in maritime delimitation cases: towards participation, persuasion and equity Read More »

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Symposium: Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice Delimitation and the Human Regard: Notes on Dr. Suedi’s study on Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice by María Teresa Infante Caffi Published on 4 October …

Delimitation and the Human Regard: Read More »

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Symposium: Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice (Is)land, sea, and what it takes to ‘stabilise’ a maritime boundary by Alex P Dela Cruz* Published on 2 October 2023 Yusra Suedi’s 2021 article at the centre of this symposium provides useful perspective in thinking about …

(Is)land, sea, and what it takes to ‘stabilise’ a maritime boundary Read More »

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Symposium: Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice by Yusra Suedi Published on 2 October 2023 I’d like to thank the Editors of CIL Dialogues for kindly hosting this symposium …

Man, Land and Sea: Local Populations in Territorial and Maritime Disputes before the International Court of Justice’ – An Introduction Read More »

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IPEF’s Supply Chain Agreement: Much Ado? By Celine Lange Published on 16 August 2023 In May 2023, exactly one year after its official launch in Tokyo, the Indo-Pacific Economic Framework (IPEF or Framework) reached a significant milestone as US authorities released a press statement announcing the substantial conclusion of the negotiations on supply chains under IPEF Pillar …

IPEF’s Supply Chain Agreement: Much Ado? Read More »

Ocean Law and Policy

Prof Robert Beckman’s Reply to CIL Dialogues’ Blog Post by Mohd Hazmi Mohd Rusli of 7 August 2023 By Professor Robert Beckman Published on 14 August 2023 Reply and Rejoinder to “Prioritizing the Marine Environment: A Possible Malaysian Recharacterization of the Strait of Malacca to Regulate the Passage of Nuclear-Powered Submarines” Mohd Hazmi Mohd Rusli …

Prof Robert Beckman’s Reply to CIL Dialogues’ Blog Post by Mohd Hazmi Mohd Rusli of 7 August 2023 Read More »

Ocean Law and Policy

Japan-Pacific Islands Countries Cooperation on Maritime Law Enforcement By Yurika Ishii Published on 14 August 2023 1. Introduction On 16 May 2023, Japan signed and exchanged Notes on the Project for Strengthening Capacity of Maritime Law Enforcement Agencies for Effective Maritime Crime Control in the Pacific Island Countries with Fiji, Kiribati, the Marshall Islands, the …

Japan-Pacific Islands Countries Cooperation on Maritime Law Enforcement Read More »

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Prioritizing the Marine Environment: A Possible Malaysian Recharacterization of the Strait of Malacca to Regulate the Passage of Nuclear-Powered Submarines By Mohd Hazmi Mohd Rusli Published on 7 August 2023 Maritime traffic passing through the Straits of Malacca and Singapore, two of the world’s busiest shipping ways, has been consistently increasing over the years. With …

Prioritizing the Marine Environment: A Possible Malaysian Recharacterization of the Strait of Malacca to Regulate the Passage of Nuclear-Powered Submarines Read More »

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Symposium: Climate Justice in International Courts: Working Towards a Livable Future Hope on the horizon? by Sumeyra Arslan Published on 4 August 2023 Introduction Climate justice lawsuits around the world are spreading like wildfire, not only nationally but internationally. While the three advisory opinion requests reside on different premises and divert from each other, they …

Hope on the horizon? Read More »

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Symposium: Climate Justice in International Courts: Working Towards a Livable Future The Inter-American Court of Human Rights and the Climate Emergency by José Daniel Rodríguez Orúe Published on 3 August 2023 Introduction On 9 January 2023, Chile and Colombia requested an advisory opinion on human rights and the climate emergency from the Inter-American Court of Human …

The Inter-American Court of Human Rights and the Climate Emergency Read More »

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Symposium: Climate Justice in International Courts: Working Towards a Livable Future Intergenerational Climate Justice under the Law of the Sea: The ITLOS Advisory Opinion Request by the Commission of Small Island States by Lianne Baars and Zoe Nay Published on 2 August 2023 Introduction On 12 December 2022, the Commission of Small Island States on …

Intergenerational Climate Justice under the Law of the Sea: The ITLOS Advisory Opinion Request by the Commission of Small Island States Read More »

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Symposium: Climate Justice in International Courts: Working Towards a Livable Future The Role of International and Regional Courts in Future-proofing Environmental Jurisprudence Through Advisory Opinions by Manon Rouby Published on 1 August 2023 Introduction The latest IPCC report reiterated its alarming message. Climate impacts on people and ecosystems are more widespread and severe than expected …

The Role of International and Regional Courts in Future-proofing Environmental Jurisprudence Through Advisory Opinions Read More »

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Symposium: Climate Justice in International Courts: Working Towards a Livable Future The International Court of Justice’s Advisory Opinion on Climate Change and Protection of Human Rights by Elisa Granzotto Published on 1 August 2023 Introduction  On 27th October 2022, Vanuatu’s Permanent Ambassador to the United Nations, H.E. Odo Tevi, formally announced the intention to introduce …

The International Court of Justice’s Advisory Opinion on Climate Change and Protection of Human Rights Read More »

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The ICJ’s 2023 Judgment in Nicaragua v Colombia: A New Chapter in the Identification of Customary International Law? By Ori Pomson Published on 28 July 2023 Introduction On 13 July 2023, the International Court of Justice (ICJ) rendered its judgment on the merits of the case concerning Question of the Delimitation of the Continental Shelf …

The ICJ’s 2023 Judgment in Nicaragua v Colombia: A New Chapter in the Identification of Customary International Law? Read More »

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Symposium: Small States, Legal Argument, and International Disputes Small states and ‘normative sea power’ by Bec Strating Published on 26 July 2023 In November 2022, it was announced that the United Kingdom (UK) and Mauritius had opened negotiations on sovereignty over Chagos Archipelago, a small group of atolls in the Indian Ocean. This was presented …

Small states and ‘normative sea power’ Read More »

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Symposium: Small States, Legal Argument, and International Disputes The seabed mining rush and the legal statecraft of Small Island Developing States by Daiana Seabra Venancio Published on 24 July 2023 Small Island Developing States (SIDS) are well-known for their activism on global warming and sea-level rise. However, despite their united view on climate change impacts, SIDS …

The seabed mining rush and the legal statecraft of Small Island Developing States Read More »

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Symposium: Small States, Legal Argument, and International Disputes Space law, the Kingdom of Tonga and the late-comer problem by Michelle Chase Published on 21 July 2023 Can late-coming small states change a treaty regime for their benefit? This post explores the difficulties small states may face in challenging inequitable legal regimes, and how seeming victories can …

Space law, the Kingdom of Tonga and the late-comer problem Read More »

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Symposium: Small States, Legal Argument, and International Disputes A collective answer: Small States, sea-level rise and the interpretation of UNCLOS by Frances Anggadi Published on 19 July 2023 Many eyes are on Vanuatu, which is leading global efforts to seek an advisory opinion from the International Court of Justice (ICJ) on the obligations of States in …

A collective answer: Small States, sea-level rise and the interpretation of UNCLOS Read More »

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Symposium: Small States, Legal Argument, and International Disputes Small States and international litigation to minimise climate insecurity by Shirley V. Scott Published on 17 July 2023 The amount of climate litigation is increasing. Indeed, litigation holds the promise of adding impetus to action in a world in which efforts to mitigate climate change have been so …

Small States and international litigation to minimise climate insecurity Read More »

General

Symposium: Small States, Legal Argument, and International Disputes Litigating Imperialism? Lessons from the South West Africa saga by Ntina Tzouvala Published on 14 July 2023 Amongst international lawyers in my adoptive country, Australia, the South West Africa saga tends to elicit cryptic comments and long pauses. The role of the then International Court of Justice (ICJ) …

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General

Canada and the Netherlands Institute ICJ Proceedings Alleging Violations by Syria of the Convention against Torture By Priya Urs Published on 13 July 2023 [Many thanks to Miles Jackson, Massimo Lando and Martins Paparinskis for their very helpful comments.] Other significant developments in recent weeks (see e.g. here and here) have perhaps overshadowed the joint …

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General

Symposium: Small States, Legal Argument, and International Disputes The Australia/Timor-Leste maritime boundary dispute by Bill Campbell Published on 12 July 2023 This post seeks to go some way towards dispelling the notion that there was a complete asymmetry of power involved in the settlement of the long-running dispute between Australia and Timor-Leste over maritime delimitation in …

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General

Symposium: Small States, Legal Argument, and International Disputes Great Hall, Small States by Juliette McIntyre Published on 10 July 2023 Introduction This contribution argues that small State participation in the oral phase of a case gives an important expression to sovereign equality. This is, in and of itself, an important strategic outcome in litigation against more …

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Symposium: Small States, Legal Argument, and International Disputes Litigation as legal statecraft: Small states and the law of the sea by Douglas Guilfoyle Published on 7 July 2023 The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings in the advisory proceedings in respect of the Legal consequences of the …

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General

Symposium Introductory Blog Small States, Legal Argument, and International Disputes By Douglas Guilfoyle Published on 7 July 2023 The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings in the advisory proceedings in respect of the Legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965 from …

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Ocean Law and Policy

What’s Next if the South China Sea Code of Conduct Negotiations Fail? By Aristyo Rizka Darmawan Published on 12 June 2023 The ASEAN-China South China Sea Code of Conduct (CoC) negotiations have resumed and picked up pace after the COVID-19 pandemic restrictions eased. Despite the optimistic statements expressed by ASEAN leaders and that Indonesia as …

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Ocean Law and Policy

Exercise of Jurisdiction or Admissibility? Delimitation of Outer Continental Shelf (Part II) By Professor Bjørn Kunoy Published on 1 June 2023 Conflicting approaches in Jurisprudence With the recent judgment of the Special Chamber in Mauritius v. Maldives there are now five decisions addressing the merits of questions regarding the delimitation of the outer continental shelf …

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Ocean Law and Policy

Exercise of Jurisdiction or Admissibility? Delimitation of Outer Continental Shelf (Part I) By Professor Bjørn Kunoy Published on 29 May 2023 This is the first part of a total of two posts that endeavour to pursue a critical analysis of the reasoning underlying courts’ and tribunals conclusions for delimiting overlaps of outer continental shelf entitlement …

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General

Freedom of information, materials conditions, and the ICCPR’s stylistic choice By Wanshu Cong Published on 15 May 2023 There is a growing interest in the international legal scholarship to study the materiality of international law. Termed as ‘new materialism’, this recent material (re)turn has animated inquiries which pay attention to concrete and specific objects. These …

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General

The Causal Question in the Application of the Law on the Use of Force to Cyber Operations By Priya Urs Published on 25 April 2023 [The research for this post was carried out as part of a project at the Oxford Institute for Ethics, Law and Armed Conflict funded by the Government of Japan. For …

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Ocean Law and Policy

The BBNJ Agreement – new treaty, old challenges By Shani Friedman* Published on 24 April 2023 On March 4, 2023, the text of the international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS/ Convention) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction …

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General

Intervention and obligations erga omnes at the International Court of Justice By Benjamin Salas Kantor Research Scholar at Columbia Law School Dr. Massimo Lando Assistant Professor at the School of Law of City University of Hong Kong and Global Fellow at CIL Published on 20 April 2023 It is not too often that one attends …

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Ocean Law and Policy

The BBNJ Agreement: Links between the New and Existing Laws on Protecting Marine Biodiversity By Nguyen Thanh Trung (CIL Research Fellow) Published on 17 April 2023 4 March 2023 was a historic day for the international law of the sea. The United Nations International Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ), led …

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General

Regime Interaction between Deep Sea Mining and the Conservation of Biodiversity in Areas Beyond National Jurisdiction By Digvijay Rewatkar* Published on 13 April 2023 The question of conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) in their current form have been under discussion since the 2015 recommendations of the …

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Ocean Law and Policy

The final hours of a treaty negotiation By Joanna Mossop* Published on 11 April 2023 As I walk around the echoing corridors of the United Nations Conference Building basement, groups of people are huddled in corners, or sprawled out among the chairs in the closed ‘Vienna Cafe’, or are slumped in their chairs in Conference …

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General

Symposium Introductory Blog Accountability for core international crimes in the ASEAN region: diversity in recent developments A collaboration between CIL Dialogues and AsianSIL Voices by Dr Cheah W.L., National University of Singapore Published on 5 April 2023 “Map of Southeast Asia” by Cacahuate; amendments by Globe-trotter and Texugo. This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International, 3.0 Unported, 2.5 Generic, 2.0 Generic and 1.0 Generic license. …

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