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Recognition of Libyan National Transitional Council as Government of Libya

Recognition of Libyan National Transitional Council as Government of LibyaOn June 16, I wrote a post asking “Which Entity is the Government of Libya and Why does it Matter?” In that post, I explained that what appeared to be recognition by a number of States of the Libyan “rebel” National Transitional Council (NTC) as …

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Recent Developments with Regard to ICJ Provisional Measures

Recent Developments with Regard to ICJ Provisional MeasuresOn Monday of this week, the International Court of Justice indicated provisional measures in the case between Cambodia and Thailand regarding the Temple of Preah Vihear. The case was filed earlier this year after confrontations between the armed forces of both States in the …

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A New Deal to Help Save the Euro

A New Deal to Help Save the EuroThe rescue package for Portugal and the recent electoral success of the populist True Finns party shows that the euro crisis is not over. Even if the current support mechanisms stabilise the markets, they will not be sufficient in the long term: growing …

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Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?

Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me to …

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Waiting for Godot: An Analysis of the ICJ Kosovo Advisory Opinion

Waiting for Godot: An Analysis of the ICJ Kosovo Advisory OpinionDov Jacobs and Yannick Radi are both postdoctoral researchers at the Amsterdam Center of International Law, University of AmsterdamNearly two years after the United Nations General Assembly (UNGA) submitted a request to the International Court of Justice (ICJ) in relation …

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When to Kill and When to Capture?

When to Kill and When to Capture?My previous post on the Osama bin Laden killing and a number of posts at Opinio Juris have attracted a very productive discussion in the comments, which I would recommend to all readers who haven’t seen it already. The key issue that has emerged …

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UN Panel of Experts Report on the Sri Lanka Conflict

UN Panel of Experts Report on the Sri Lanka ConflictThe report of the Panel of Experts appointed by the UN Secretary-General to investigate the circumstances of the conclusion the Sri Lanka war has been made public today – full report here, BBC News article here. The report was disclosed to …

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Can the Allies Lawfully Arm the Lybian Rebels?

Can the Allies Lawfully Arm the Lybian Rebels?My friend Claus Kress yesterday brought to my attention a most pertinent legal issue: In Resolution 1970, the UN Security Council imposed an arms embargo on Lybia. The embargo was reaffirmed and strengthened in op. paras. 13-16 of Resolution 1973. The embargo appears …

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What does UN Security Council Resolution 1973 permit?

What does UN Security Council Resolution 1973 permit?I spent much of yesterday conducting interviews with the media about the situation in Libya. One of the questions I was repeatedly asked concerned the scope of the UN Security Council Resolution 1973 which authorises the use of force in Libya.  How far does the resolution …

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Security Council Passes Resolution 1973, Authorizing Use of Force Against Lybia

Security Council Passes Resolution 1973, Authorizing Use of Force Against LybiaThe full text of the resolution is available here. The key provision is op. para. 4:4. Authorizes Member States that have notified the Secretary-General, acting nationally or through regional organizations or arrangements, and acting in cooperation with the Secretary-General, to …

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Two New Decisions on Subject-Matter Immunity, Torture and Extrajudicial Killings

Two New Decisions on Subject-Matter Immunity, Torture and Extrajudicial Killings Lorna McGregor, Senior Lecturer, School of Law, University of Essex. Her publications include: Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty’, 18 European Journal of International Law 903 – 919 (2007) and ‘State Immunity and Jus Cogens’, 55(2) International and Comparative …

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