Rights Adrift: Sexual Violence Against Rohingya Women on the Andaman Sea

2021 ◽  
Vol 22 (1) ◽  
pp. 96-114
Author(s):  
Natasha Yacoub ◽  
Nikola Errington ◽  
Wai Wai Nu ◽  
Alexandra Robinson
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Legal Theory ◽  
Gender Violence ◽  
Andaman Sea ◽  
International Court Of Justice ◽  
Feminist Legal Theory ◽  
Court Of Justice ◽  
International Court ◽  
The Future

Abstract Women fleeing Myanmar in 2015 were trapped on the Andaman Sea for months when States in the region closed off places of disembarkation. Among the horrors of starvation and unsanitary conditions experienced on the boats, they faced additional risks of sexual violence. These women fled from a situation in Myanmar that severely curtailed their rights, including gender violence, which is being tried as genocide at the International Court of Justice, and were exposed to further violations while fleeing. Through interviews with survivors of the journey and those who assisted them, this article describes the experiences of these women at sea. It outlines the failure of States to apply customary principles of international law and related regional standards to protect these women. From a feminist legal theory perspective, it explores the reasons for these failures and recommends reforms to guarantee better protection at sea for women in the future.

Reading RP Anand in the Post-Colony

2019 ◽  
pp. 297-317
Author(s):  
Prabhakar Singh
Keyword(s):  
International Law ◽  
Cultural Differences ◽  
Legal Theory ◽  
International Court Of Justice ◽  
Power Politics ◽  
Post Colonial ◽  
Court Of Justice ◽  
International Court ◽  
New States ◽  
Functional Inclusion

Professor RP Anand analysed the birth of new states and their theoretical and functional inclusion in the post-UN world. The 1947 Indian independence afforded Indian lawyers a choice between Nehruvian internationalism and Judge Pal’s Tokyo dissent. Essentially, Anand preferred state interest over cultural differences as the currency of international law while celebrating the UN Charter, the International Court of Justice, and the UN Convention of the Law of Sea as the achievements of the mankind. Anand saw the rejection of international law as synonymous with power politics. While optimistic, his universalism engendered a Western anti-thesis that an Asian approach to international law, if any, was otiose. Subsequently, post-colonial scholars responded with a synthesis that brought colonialism from periphery to the centre of international legal theory.

scholarly journals On the International Court of Justice and the Determination of Rules of Law

2013 ◽  
Vol 26 (2) ◽  
pp. 243-251 ◽  
Author(s):  
SANTIAGO VILLALPANDO
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Mission Statement ◽  
Legal Theory ◽  
General Nature ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Dispute

In the process of selection of articles for the International Court of Justice section at the Editorial Board of the Leiden Journal of International Law (LJIL), we tend to be seduced by those manuscripts which are effective in making use of the jurisprudence of the Court as an instrument to engage in an in-depth examination of substantive legal issues of a general nature. This reflects our conviction – hardly an original one, since it appears to be shared by our entire legal community – that the Court has a fundamental role to play in the advancement of international law as a legal system. It also echoes an idea that is present in the mission statement of our journal, which is conceived as ‘a forum for two vital areas, namely international legal theory and international dispute settlement’, thus establishing an intrinsic link between them. But how is the Court's contribution to the development of international law to be assessed? And what do we expect from a scholarly piece examining its case law in this respect?

Respecting One’s Own Jurisprudence: A Plea to the International Court of Justice

1989 ◽  
Vol 83 (2) ◽  
pp. 312-317 ◽  
Author(s):  
W. Michael Reisman
Keyword(s):  
International Law ◽  
Recent Past ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future ◽  
International Adjudication ◽  
The Stability

This above all—to thine own self be true, And it must follow, as the night the day, Thou canst not then be false to any man.Hamlet, 1.3.78On two occasions in the recent past, the International Court of Justice has misstated its own prior holdings by selective quotation. In each instance, the partial quotation was invoked as authority for the opposite of what the previous Court had said. Neither matter was de minimis: in each instance, the issue for which authority was being sought was central either to the case at bar or to an important aspect of the Court’s role. The consequences for the future of international adjudication and the stability of authoritative expectation, which is such an important strut of international law, are serious and merit examination.

scholarly journals “Effectivity” in International Law: Self-Empowerment against Epistemological Claustrophobia

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 103-105
Author(s):  
Jean d’Aspremont
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Theory Of Knowledge ◽  
Legal Philosophy ◽  
International Court Of Justice ◽  
British English ◽  
Court Of Justice ◽  
French Word ◽  
International Court ◽  
The World

When we think of “effectivity,” we usually come to think of a pragmatic and factual construction. The idea of effectivity, however, is anything but concrete and raises a variety of questions of legal theory, legal philosophy, epistemology, and theory of knowledge. It should also be highlighted that from a linguistic standpoint the word effectivity does not exist in British English. The attachment of the International Court of Justice to her Majesty’s English explains that the World Court uses the French word (effectivité) when it seeks to refer to effectivity. These linguistic debates, however, matter less than the semantics and especially less than the consensus that effectivity ought to be opposed to “effectiveness.”

Introductory Note

2017 ◽  
Author(s):  
John G. Merrills
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Introductory Note

In 2015 the International Court of Justice (ICJ) gave three judgments and made a number of orders. In various ways this jurisprudence, although modest in extent, contributed to the elucidation of international law on several procedural, as well as substantive matters. In that year no new cases were begun, but one case was discontinued. At the beginning of 2016 there were therefore ten cases on the Court’s docket. The Court’s work in 2015 demonstrates that through its decisions it continues to assist states to resolve their international disputes peacefully and at the same time to contribute to the clarification and development of international law.

Consolidation of Statehood through Membership in the UN: Some Remarks on Kosovo, Democracy and International Law

2018 ◽  
Vol 43 (3) ◽  
pp. 331-349
Author(s):  
Iliriana Islami ◽  
Remzije Istrefi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
State Building ◽  
Former Yugoslavia ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Building Process

Kosovo declared its independence on 17 February 2008. Subsequently, one of the aims of Kosovo’s foreign policy was to further consolidate this position and to justify Kosovo’s prospective membership in the United Nations. This article examines the issue of recognition, elucidating how Kosovo is different from other countries and comparing it with the case of the former Yugoslavia. Other aspects in the state-building process such as ‘building constitutionalism’ will be presented as a step toward justifying recognition and membership. Furthermore, the Advisory Opinion of the International Court of Justice (ICJ) of 8 October 2008 will be presented as evidence of Kosovo’s strengthening international position in its quest for further recognition. Thus, the article will discuss and analyze the arguments in favor of Kosovo being admitted to the UN.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

Plausibility in the Provisional Measures Jurisprudence of the International Court of Justice

2018 ◽  
Vol 31 (3) ◽  
pp. 641-668 ◽  
Author(s):  
MASSIMO LANDO
Keyword(s):  
International Law ◽  
Prima Facie ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court

AbstractIn 2009, the International Court of Justice introduced plausibility as a requirement for indicating provisional measures under Article 41 of its Statute. Upon its introduction, plausibility was conceived as a test to establish that the rights asserted by applicant states might exist under international law. However, the Court subsequently developed the plausibility test into a higher standard, which requires the Court also to assess that the alleged conduct of the respondent state might breach that applicant state's asserted rights. This development has important implications for provisional measures proceedings before the Court. First, one could distinguish two aspects of plausibility, legal and factual. Second, plausibility has different functions in requests for provisional measures depending on whether the applicant state asserts rights arising under a treaty or under customary international law. Third, the Court's enquiry into plausibility could overlap with the enquiry into prima facie jurisdiction ratione materiae, although these two requirements conceivably entail different thresholds. Fourth, plausibility in provisional measures indicated in interpretation proceedings could be seen to be different from plausibility in provisional measures indicated in ordinary contentious proceedings.

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

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