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

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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

General

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 »

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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) …

Litigating Imperialism? Lessons from the South West Africa saga Read More »

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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 …

Canada and the Netherlands Institute ICJ Proceedings Alleging Violations by Syria of the Convention against Torture Read More »

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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 …

The Australia/Timor-Leste maritime boundary dispute Read More »

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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 …

Great Hall, Small States Read 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 …

Litigation as legal statecraft: Small states and the law of the sea Read More »