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1. 30 years of the Advisory Opinion on the Legality of Nuclear Weapons: eppur si muove

Author:
Lucas Carlos Lima
Publication Date:
04-2025
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:
The 1996 Advisory Opinion of the International Court of Justice (ICJ) on the Legality of the Threat or Use of Nuclear Weapons remains a pivotal reference in international law and disarmament debates. While the Opinion did not categorically prohibit nuclear weapons, its reasoning has been widely cited in legal and diplomatic arenas. This study examines the Opinion’s long-term influence through three key elements: its incorporation into state practice, its role in international litigation, and its impact on the 2017 Treaty on the Prohibition of Nuclear Weapons. Employing a methodology centered on primary sources, this research evaluates the Opinion’s relevance in shaping international legal norms and assesses whether it still accurately reflects the state of international law on nuclear disarmament.
Topic:
International Law, Nuclear Weapons, Disarmament, and International Court of Justice (ICJ)
Political Geography:
Global Focus

2. A Pacifism for Our Times

Author:
Antonio Patriota
Publication Date:
03-2025
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
Growing trends of unilateralism are encouraging violence and threatening a systemic breakdown of international law and order. Change must come, and soon
Topic:
International Law, Violence, International Order, and Unilateralism
Political Geography:
Global Focus

3. The Advisory Function of the International Court of Justice: Are States Resorting to Advisory Proceedings as a “Soft” Litigation Strategy?

Author:
Myrto Stavridi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
In the last decades, there has been an increase in advisory opinions of the International Court of Justice (ICJ) that relate to vital political interests directly affecting the sovereignty of states. Even though advisory opinions are not binding and do not require the consent of the states involved, advisory proceedings have been increasingly and strategically used by states and international actors as contentious proceedings in disguise. Exploring the history of the advisory function of the ICJ and its predecessor, this article argues that advisory proceedings constitute a “soft” litigation strategy and a particularly useful tool for small states or non-state entities, as it has the potential to counterbalance the inherent power disparities in the process of international bargaining by adding the authoritative voice of the ICJ to the debate. This paper connects this development to a modern tendency of states to judicialize international affairs.
Topic:
International Law, Sovereignty, International Affairs, International Court of Justice (ICJ), and Advisory Opinions
Political Geography:
Global Focus

4. Resistance and Change in Form and Content of International Law: A Third World Perspective on Commodity Form Theory of International Law

Author:
Muhammad Azeem
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Can Marxists, especially in the Third World, use international law for progressive social change? Responding to the Soviet Union's context and its jurisprudential challenges in constructing socialism, Pashukanis's seminal work on commodity form theory is nihilistic, assuming the very nature of form of international law as bourgeois with limited possibilities of radical change as its new content. European Marxism, on the other hand, in its context of revolutionary defeat and consequent postmodernist pessimism of cultural Marxism, either relies on Pashukanis's nihilistic position or a pragmatist and realist posture, insisting on staying within the law's bourgeois form and being content with social democracy. As opposed to this, Third World Approaches to International Law (TWAIL) scholars, while exploring the imperialist nature of international law and representing one variant of Third World Marxism, have been more optimistic, wanting to use international law to restrain and shield against powerful Western states, i.e., they believe that the content of Third World resistance can change the form of international law. This article deconstructs this class “content” of international law in the understanding of TWAIL and shows the postcolonial Third World states, and even in the yet to be independent states, were dominated by their dependent local elite, which had compromised by the ex-colonizers and had started blocking radical structural changes in Third World. Soon, the target of imperialism and the Third World elite became radical movements in the Third World, and this struggle of the marginalized shaped international law. Therefore, relying on the radical tradition of Third World Marxism and taking the right of self-determination as an example, this article argues that both the content and form of international law were simultaneously used, subverted, and changed in a dialectical and dynamic way by the resistance of the people of the Third World.
Topic:
International Relations, International Law, Socialism/Marxism, Resistance, Self-Determination, Third World Marxism, Western Marxism, and Soviet Official Marxism
Political Geography:
Global Focus

5. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements

Author:
Kayla Maria Rolland
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
Topic:
Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
Political Geography:
China and Global Focus

6. Finding Law in the History of Global Violence: An Interview with Lauren Benton

Author:
Lauren Benton and Daniel R. Quiroga-Villamarín
Publication Date:
07-2024
Content Type:
Commentary and Analysis
Institution:
The Toynbee Prize Foundation
Abstract:
Violence is, in the public imagination, the law’s radical Other. Brutality and cruelty, we tend to believe, are elements that flourish in law’s absence. Not only is the appearance of violence a symptom of the absence of order, but its bloody outbursts are taken to be utterly meaningless. The narrative of the emergence of “modern” law —both within, and beyond, the nation-state— is usually that of the triumph of reason and deliberation over violence. This progression supposedly entailed the prohibition (or at least, the domestication) of force in local and global politics. Against this rather rosy narrative, Lauren Benton invites us to read the ways in which violence and law act, together, to cement claims of global order. Benton does so by placing so-called “small wars” at “the center of a new history” of interpolity relations (p. xii). Instead of seeing them as mere “manifestations of insurgency and counterinsurgency,” she studies how a variety of practices (“raiding and other sporadic violence as well as conflicts that were small in scale, remained undeclared, or lasted for relatively brief periods”) were central to how European empires justified the legality of their expansion over the globe (p. 7). Such “small” wars, in fact, could be quite “big” in scale or “long” over time. What matters is that all these instances of violence oscillated at the “threshold of war and peace” (p. 8) —and, as such, raised thorny questions about their legal basis all long the imperial chain of command. The productive ambiguities offered by this “law of neither war nor peace” offered enormous opportunities for those who knew who to exploit them —as Benton shows by tracing how imperial agents negotiated this threshold at different times and places, from the Iberian Conquistadores “discovering” the Americas all the way to their successors in our own day and age (p. 184-185). The contours of this vague threshold were not, as Benton argues, predetermined by the metropolitan laws of expanding European empires. Pushing against histories of “diffusion” of laws of war from the West to the Rest (p. 9), Benton instead analyzes how agents in different imperial locales —for instance, in both the colonial frontier and heartland— raised arguments about the legality of violence within and beyond the threshold (p. 60). Moreover, “not just Europeans, and not just law-trained elites” were productively exploiting the ambiguities of this threshold (p. 17). The book is replete with cases in which non-lawyers (for example, a British captain patrolling distant seas) or local elites (for instance, rulers in South Asia) were active interpreters of the law applicable to the violence they encountered (p. 146). By bringing together a variety of materials from different continents and periods, Benton provides a thoroughly global account of the interpenetration of law and violence in the making of empire —past, present, and perhaps even future.
Topic:
International Law, Law, Violence, Interview, and Armed Conflict
Political Geography:
Global Focus

7. R2P Monitor, Issue 68, 1 March 2024

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2024
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 68 looks at developments in Afghanistan, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Cameroon, Central African Republic, South Sudan and Yemen.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:
Afghanistan, China, Sudan, Ukraine, Israel, North Korea, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, Central African Republic, and Global Focus

8. The Void Above: The Future of Space Warfare and a Call to Update the Rule of International Space Law

Author:
Alan Cunningham
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Journal of Advanced Military Studies
Institution:
Marine Corps University Press, National Defense University
Abstract:
In an age where space warfare is becoming more likely and a militarized space is already a reality, it is imperative to develop a strong legal framework to try and prevent nation-states from engaging in warfare. By implementing legal standards, improving on the existing legal framework, and taking input from outside legal sources, outer space can be made safer and the potential for armed conflict more protected against.
Topic:
International Relations, International Law, International Security, Military Affairs, Space, Warfare, and Space Law
Political Geography:
Global Focus and Space

9. Balancing the Legitimate Interests of States

Author:
Mazhar Ali Khan
Publication Date:
05-2024
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This study explores the principles of domestic criminal jurisdiction under international law, focusing on universal jurisdiction. It analyzes the contentious nature of universal jurisdiction, particularly its application by international judicial organs post-human rights and international criminal law developments. The research scrutinizes the Rome Statute's provisions, debating whether it implicitly or explicitly endorses universal jurisdiction over non-party state nationals. It also examines the complementarity principle within the Statute, arguing that it safeguards state interests by prioritizing national jurisdiction. The findings affirm universal jurisdiction's recognition under international law and its potential activation under the Rome Statute, while complementarity balances states' interests against the jurisdiction of international courts.
Topic:
International Law, International Criminal Court (ICC), Rome Statute, Jurisdiction, Universal Jurisdiction, and Complementarism
Political Geography:
Global Focus

10. Small States and the Multilateral System: Transforming Global Governance for a Better Future

Author:
Adam Lupel, Kaewkamol Karen Pitakdumrongkit, and Joel Ng
Publication Date:
09-2024
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
Small states play a critical role in upholding and advancing multilateralism and international law in the face of growing geopolitical tensions and global challenges. Representing the majority of UN member states, these countries broadly agree on the need to uphold international law, support multilateral cooperation and the institutions of global order, and adhere to the “purposes and principles” of the UN Charter. This paper explores why small states remain committed to the multilateral system, emphasizing that their limited military and economic power makes rules-based international cooperation essential for their security and development. Small states have played an active role in championing international law, serving as agents of international peace and security, protecting and managing shared resources, and bringing issues related to emerging technologies to the forefront of international diplomacy. The paper also examines some of the tools small states have used to craft multilateral responses to frontier issues, including by leveraging their expertise in specific areas, chairing multilateral negotiations, building coalitions to advance their interests, and serving as impartial mediators. Looking to the future, the paper concludes that small states can and should be catalysts for change, offering a path forward amid geopolitical tensions between larger states. Following the adoption of the Pact for the Future in September 2024, small states can consider several priorities to help implement the pact and build a stronger multilateral system for the benefit of all: Reinforce the fundamental principles of international cooperation: Small states should lead and mobilize all member states in recommitting to their obligations under the UN Charter. Expand and strengthen diverse cross-regional coalitions for global governance: Small states should continue to leverage UN processes to widen the group of countries invested in overcoming polarization. Promote information sharing and capacity building: Small states that have the means and subject-matter expertise should redouble their efforts to pool resources and knowledge to build up other states’ capacities. Revamp working methods: Small states should work together to put forward their views on how to revamp and update the working methods of different UN organs. Update the peace and security toolbox: Small states need to be involved in updating the UN’s peace and security toolbox in areas such as mediation, preventive diplomacy, and peacebuilding. Prioritize inclusiveness on new and emerging technologies: If harnessed properly, digitalization and new and emerging technologies could help small states grow their influence. Embed future thinking: Small states should inject their views into the gamut of “forward-looking” and “long-term” conversations taking place at the UN.
Topic:
International Law, United Nations, Governance, Geopolitics, and Multilateralism
Political Geography:
Global Focus