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International law relating to islands
\"This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice's judgments in 'Territorial and Maritime Dispute (Nicaragua v. Colombia)', and arbitral awards in the 'Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom)' and the 'South China Sea Arbitration (Philippines v. China)'. Among other things, this monograph explores: the legal concepts of \"islands\", \"rocks\" and \"low-tide elevations\"; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands\"-- Provided by publisher.
Book
Peremptory Norms of General International Law (Jus Cogens) (Revisited) and Other Topics: The Seventy-Third Session of the International Law Commission
The International Law Commission (ILC) held its seventy-third session from April 18 to June 3 and from July 4 to August 5, 2022 in Geneva, under the chairmanship of Dire Tladi (South Africa). This session was the final one of the quinquennium, which originally would have occurred in the summer of 2021. (Since the Commission did not meet in the summer of 2020 due to the outbreak of the COVID-19 pandemic, the 2020 and 2021 sessions were postponed to 2021 and 2022 respectively.) Although the pandemic continued in 2022, the members faced fewer health risks and travel difficulties; consequently, the Commission held its session with almost all members physically present in Geneva, and just a few occasionally participating online by means of Zoom.
Journal Article
Provisional Application of Treaties and Other Topics: The Seventy-Second Session of The International Law Commission
The International Law Commission (ILC) held its seventy-second session from April 26 to June 4 and from July 5 to August 6, 2021 in Geneva, under the chairmanship of Mahmoud Hmoud (Jordan). This session was originally scheduled for the summer of 2020, but had to be postponed due to the outbreak of the COVID-19 pandemic. The pandemic continued in 2021 to present health risks and travel difficulties for certain members; consequently, the Commission for the first time in its history held its session in a hybrid manner, with many members physically present in Geneva, while others participated online by means of Zoom. That approach required certain adjustments to the Commission's methods of work, but allowed the Commission to move forward in addressing the several topics on its current program of work.
Journal Article
Peremptory Norms of General International Law (Jus Cogens) and Other Topics
The International Law Commission (ILC) held its seventy-first session from April 29 to June 7 and from July 8 to August 9, 2019 in Geneva, under the chairmanship of Pavel Sturma (Czech Republic). Notably, the Commission completed the first reading of its topic on peremptory norms of general international law ('jus cogens'). The Commission also completed the first reading of its topic on protection of the environment in relation to armed conflict and completed the second reading of its topic on crimes against humanity.
Journal Article
Effects of the COVID-19 Pandemic on the Work of the International Law Commission
The International Law Commission (ILC) was scheduled to hold its seventy-second session from April 27 to June 5 and from July 6 to August 7, 2020 in Geneva. The COVID-19 pandemic, however, precluded the Commission members traveling to and meeting in Geneva. As such, it became necessary to postpone the session until 2021 and to address various collateral matters, including whether the current five-year terms of Commission members should be extended by one year, so as to conclude in 2022 instead.
Journal Article
Identification of Customary International Law and Other Topics: The Sixty-Seventh Session of the International Law Commission
The International Law Commission held its sixty-seventh session in Geneva from May 4 to June 5, and from July 6 to August 7, 2015, under the chairmanship of Narinder Singh (India). Notably, the Commission’s drafting committee completed a full set of sixteen draft conclusions on the topic of identification of customary international law, paving the way for those conclusions with commentaries to be approved by the Commission on first reading in 2016.
Journal Article
Protection of Persons in the Event of Disasters and Other Topics: The Sixty-Eighth Session of the International Law Commission
The International Law Commission held its sixty-eighth session in Geneva from May 2 to June 10, and from July 4 to August 12, 2016, under the chairmanship of Pedro Comissário Afonso (Mozambique). Notably, the Commission completedonsecond reading a full set of eighteen draft articles with commentaries on the protection of persons in the event of disasters and recommended to the United Nations General Assembly that it elaborate a convention based on the draft articles. Additionally, the Commission adopted on first reading a complete set of draft conclusions, with commentaries, for two topics: identification of customary international law; and subsequent agreements and subsequent practice in relation to the interpretation of treaties. As such, both topics might be completed by the Commission on second reading in 2018. Progress was also made in developing draft articles on crimes against humanity; draft guidelines on protection of the atmosphere; draft conclusions on jus cogens; and draft principles on protection of the environment in relation to armed conflicts. The Commission commenced a debate on a proposed draft article on “limitations and exceptions” to the immunity of state officials from foreign criminal jurisdiction, but, due to insufficient time, the debate will continue in 2017. Furthermore, an additional proposed guideline on the provisional application of treaties was sent to the drafting committee. The Commission decided to add two new topics to its long-term work program: the settlement of international disputes to which international organizations are parties; and succession of states in respect of state responsibility.
Journal Article
IMMUNITY RATIONE MATERIAE OF STATE OFFICIALS FROM FOREIGN CRIMINAL JURISDICTION
In the summer of 2017, the UN International Law Commission adopted Draft Article 7 and an associated draft annex for its project on immunity of state officials from foreign criminal jurisdiction. The draft article identifies six “crimes under international law in respect of which immunity ratione materiae shall not apply”: genocide; crimes against humanity; war crimes; crime of apartheid; torture; and enforced disappearance. Given the divergences within the Commission when considering and adopting Draft Article 7 (as evidenced by the plenary debate in 2016 and 2017, the unusual recorded vote on whether to refer the matter to the Commission's drafting committee, and the Commentary), it is difficult to conclude that the Commission is expressing a view that Draft Article 7 reflects lex lata .
Journal Article
The Expulsion of Aliens (Revisited) and Other Topics: The Sixty-Sixth Session of the International Law Commission
The International Law Commission held its sixty-sixth session in Geneva from May 5 to June 6, and from July 7 to August 8, 2014, under the chairmanship of Kirill Gevorgian (Russian Federation). Notably, the Commission revisited on second reading its work concerning the expulsion of aliens so as to finalize thirty-one draft articles, along with commentaries. The general thrust of this project has been to acknowledge the sovereign right of a state to expel an alien from its territory and to identify or propose rules—protective of the rights of the alien—that the state must follow when doing so.
Journal Article