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Jus cogens: Recent Developments in International Law
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Jus cogens: Recent Developments in International Law aims to provide concise, informed background and analysis for developments of interest in public international law, especially those developments that affect the peremptory norms, jus cogens, of public international law. Sources for such public international law developments include the opinions of international tribunals, international law conventions, international custom, and the judicial decisions and teachings of qualified publicists.
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Security Council Compendium (No. 20)
Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net. Security Council Resolutions S/RES/1726 (15 December 2006) The situation in Côte d?Ivoire Synopsis of Resolution 1726: Acting under Chapter VII of the UN Charter, Resolution 1726 extends the mandate of the United Nations Operation in Côte d?Ivoire (UNOCI) until 10 January 2007. S/RES/1727 (15 December 2006) The situation in Côte d?Ivoire Synopsis of Resolution 1727: A Chapter VII resolution, 1727 renews certain provisions of Resolutions 1572 (2004) and 1643 (2005) until 31 October 2007. The pertinent provisions of Resolution 1572 include an arms embargo, a travel ban on designated individuals, and a freeze on designated assets (the travel ban and asset freeze is administered by the Committee established by Resolution 1572). The relevant portion of Resolution 1643 decides that all States shall take the necessary measures to prevent the import of all rough diamonds from Côte d?Ivoire to their territory, including participation by States in the Kimberley Process Certification Scheme. Resolution 1727 also demands that all Ivorian parties...provide unhindered access to the Group...
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International Courts & Tribunals at a Glance (No. 24)
International Courts Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net. International Court of Justice (ICJ) The International Court of Justice revises Practice Directions IX and XI and adopts new Practice Directions IXbis and IXter (13 December 2006) From the ICJ: As part of the ongoing review of its procedures and working methods, the International Court of Justice (ICJ), principal judicial organ of the United Nations, has revised Practice Directions IX and XI and adopted new Practice Directions IXbis and IXter. As amended, paragraph 2 of Practice Direction IX is intended as a reminder that a party wishing to produce new documents after the closure of the written proceedings, including during the oral proceedings, must follow the procedure set out in Article 56, paragraphs 1 and 2, of the Rules of the Court; the provisions of paragraphs 1 to 3 of Article 56 are supplemented by Practice Direction IX. Practice Direction IXbis provides the parties with guidance concerning their entitlement under Article 56, paragraph 4, of the Rules to refer during oral proceedings to...
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This Week in Public International Law Scholarship (No. 31)
This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments, suggestions, or omissions please contact editor@juscogens.net. Books:Ola Engdahl, Protection of Personnel in Peace Operations: The Role of the 'Safety Convention' Against the Background of General International LawVitit Muntarbhorn, A Commentary on the United Nations Convention on the Rights of the Child: Sexual Exploitation and Sexual Abuse of ChildrenDonald Puchala, Katie Laatikainen Roger Coate, United Nations Politics: Responding to a Challenging WorldJames Summers, Peoples And International Law: How Nationalism And Self-determination Shape a Contemporary Law of Nations Articles: Mexican Law Review (Mexico), Number 7, January-June 2007 Jorge Ulises Carmona Tinoco, The judicial application of international human rights treaties Ricardo Méndez Silva, United Nations General Assembly resolutions on terrorism Stanford Journal of International Law, Volume 42, Number 2, Summer 2006 Lawrence Jahoon Lee, BARCELONA TRACTION IN THE 21ST CENTURY: REVISITING ITS CUSTOMARY AND POLICY UNDERPINNINGS 35 YEARS LATER Aparna Sridhar, Note, THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA'S RESPONSE TO THE PROBLEM OF TRANSNATIONAL ABDUCTION Georgetown Journal of International Law, Volume 37, Number 3, Spring 2006 Stefka Kavaldjieva, JURISDICTION OF THE EUROPEAN COURT OF HUMAN RIGHTS: EXORBITANCE IN...
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Security Council Compendium (No. 19)
Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net. Security Council Resolutions S/RES/1725 (6 December 2006) The situation in Somalia Synopsis of Resolution 1725: A Chapter VII Resolution, Resolution 1725 authorizes the Intergovernmental Authority on Development (IGAD) and Member States of the African Union to establish a protection and training mission in Somalia.[1] The mandate of the mission, drawing on the relevant elements of the mandate and concept of operations specified in [the Deployment Plan for a Peacekeeping Mission of IGAD in Somalia (IGASOM)], includes: (a) To monitor progress by the Transitional Federal Institutions and the Union of Islamic Courts in implementing agreements reached in their dialogue; (b) To ensure free movement and safe passage of all those involved with the dialogue process; (c) To maintain and monitor security in Baidoa;(d) To protect members of the Transitional Federal Institutions and Government as well as their key infrastructure; (e) To train the Transitional Federal Institutions? security forces to enable them to provide their own security and to help facilitate the re-establishment of national...
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International Courts & Tribunals at a Glance (No. 23)
International Courts Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net. International Court of Justice (ICJ) Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) Preliminary Objections Conclusion of the public hearings on the merits; Court ready to begin its deliberation (1 December 2006)--From the ICJ, The public hearings on the preliminary objections raised by the Democratic Republic of the Congo (DRC) in the case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) were concluded today. The Court will now start its deliberation. On 3 October 2002, within the time-limit fixed for the filing of its Counter-Memorial, the Democratic Republic of the Congo raised certain preliminary objections to the admissibility of the Application. Consequently, proceedings on the merits were suspended. At the hearings, which opened on Monday 27 November 2006 at the Peace Palace, seat of the Court, the delegation of the DRC was led by H.E. Mr. Pierre Ilunga M?Bundu wa Biloba, Minister of Justice and Keeper of the Seals, and H.E. Mr. Jacques Masangu-a-Mwanza,...
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This Week in Public International Law Scholarship (No. 30)
This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments, suggestions, or omissions please contact editor@juscogens.net. Books: Kelly D. Askin, Women And International Human Rights Law Nancy Amoury Combs, Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach Daniel G. Partan, International Law Processes Michael P. Scharf, The Law of International Organizations: Problems and Materials, Second Edition Ralph G. Steinhardt, International Human Rights: Cases and Materials Articles: International Review of the Red Cross (Switzerland), Volume 88, Number 862, June 2006 Yasmin Naqvi, The right to the truth in international law: fact or fiction? Elizabeth Salmón., Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience Monique Crettol and Anne-Marie La Rosa, The missing and transitional justice: the right to know and the fight against impunity Toni Pfanner, Cooperation between truth commissions and the International Committee of the Red Cross Xavier Philippe, The principles of universal jurisdiction and complementarity: how do the two principles intermesh? Michael A. Newton, The Iraqi High Criminal Court: controversy and contributions Cambridge Law Journal (United Kingdom), Volume 65, Issue 3, November 2006 Roger O'Keefe,...
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Security Council Compendium (No. 18)
Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net. Security Council Resolutions S/RES/1723 (28 November 2006) The situation concerning Iraq Synopsis of Resolution 1723: A Chapter VII Resolution, Resolution 1723 extends the mandate of the multinational force in Iraq until 31 December 2007 and reaffirms the authorization for the multinational force as set forth in resolution 1546 (2004). Resolution 1723 also notes that the presence of the multinational force in Iraq is at the request of the Government of Iraq. The authorization of Resolution 1546 referred to by Resolution 1723 states, in part: the multinational force shall have the authority to take all necessary measures to contribute to the maintenance of security and stability in Iraq. The extension of the mandate created by Resolution 1723 contains the qualification that the mandate for the multinational force shall be reviewed at the request of the Government of Iraq or no later than 15 June 2007, and declares that [the Security Council] will terminate this mandate earlier if requested by the Government of Iraq. Resolution...
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International Courts & Tribunals at a Glance (No. 22)
International Courts Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net. International Court of Justice (ICJ) Pulp Mills on the River Uruguay (Argentina v. Uruguay) Uruguay submits a request for the indication of provisional measures: Public hearings to open on Monday 18 December 2006 (29 November 2006)--Uruguay requests the ICJ to provide the following provisional measures: ?While awaiting the final Judgment of the Court, Argentina: (i) Shall take all reasonable and appropriate steps at its disposal to prevent or end the interruption of transit between Uruguay and Argentina, including the blockading of bridges and roads between the two States; (ii) Shall abstain from any measure that might aggravate, extend or make more difficult the settlement of this dispute; and (iii) Shall abstain from any other measure that might prejudice the rights of Uruguay in dispute before the Court.? Uruguay's request is based upon groups of Argentine citizens [that] have blockaded a vital international bridge over the Uruguay river, shutting off commercial and tourist travel from Argentina to Uruguay? since 20 November 2006. In its...
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This Week in Public International Law Scholarship (No. 29)
This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments, suggestions, or omissions please contact editor@juscogens.net. Books: Council of Europe, Yearbook of the European Convention on Human Rights/Annuaire De La Convention Europeenne Des Droits De L'homme, 2005 Carin Laurin (ed.), Baltic Yearbook of International Law, Volume 6 (2006) Ben Saul, Defining Terrorism in International Law Articles: International and Comparative Law Quarterly (United Kingdom), Volume 55, Number 4, October 2006 Rosalyn Higgins, A BABEL OF JUDICIAL VOICES? RUMINATIONS FROM THE BENCH Elizabeth Wilmshurst, THE CHATHAM HOUSE PRINCIPLES OF INTERNATIONAL LAW ON THE USE OF FORCE IN SELF-DEFENCE Nordic Journal of International Law (Sweden), Volume 75, Number 2, 2006 Freeland, Steven, How Open Should the Door Be? Declarations by non-States Parties under Article 12(3) of the Rome Statute of the International Criminal Court Stahn, Carsten, Why some Doors may be Closed Already: Second Thoughts on a 'Case-by-Case' Treatment of Article 12 (3) Declarations Spadi, Fabio, Bolstering the Proliferation Security Initiative at Sea: A Comparative Analysis of Ship-boarding as a Bilateral and Multilateral Implementing Mechanism Vermeer-Kunzli, Annemarieke, Restricting Discretion: Judicial Review of Diplomatic Protection Law and Practice of International Courts...
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Security Council Compendium (No. 17)
Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise weekly summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net. Security Council Resolutions S/RES/1722 (21 November 2006) The situation in Bosnia and Herzegovina Synopsis of Resolution 1722: A Chapter VII Resolution, 1722 reauthorizes the Member States acting through or in cooperation with the EU to establish for a further period of 12 months, starting from the date of the adoption of this resolution, a multinational stabilization force (EUFOR) as a legal successor to SFOR under unified command and control, which will fulfil its missions in relation to the implementation of Annex 1-A and Annex 2 of the [General Framework Agreement for Peace in Bosnia and Herzegovina] in cooperation with the NATO Headquarters presence in accordance with the arrangements agreed between NATO and the EU as communicated to the Security Council in their letters of 19 November 2004, which recognize that the EUFOR will have the main peace stabilization role under the military aspects of the Peace Agreement. Resolution 1722 also reauthorizes the Member States acting through or in cooperation with NATO to...
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