International Law Talks

We are pleased to announce the fifth session of International Law Talks with the topic: 'Private Law and the Making of Human Rights' presented by León Castellanos-Jankiewicz, Ph.D.

Regarding the topic of the presentation, we often forget that individuals held transnational rights by virtue of private law long before international human rights skyrocketed to global prominence. But inalienable freedoms — traditionally comprising life, liberty and property as articulated by
Locke — have been historically protected within the private sphere in order to encompass nationals and non-nationals alike, whereas their development in the political realm has been more limited. Drawing from recent work by Samuel Moyn and others on the history of human rights, this paper takes a genealogical approach to show that cosmopolitan fundamental rights originate in private law.

Regarding the speaker, León Castellanos-Jankiewicz is Researcher in International Law at the Asser Institute and Academic Coordinator of the Netherlands Network for Human Rights Research. His work focuses on international human rights law, the history of international law, and minority protection. In 2019 his paper ‘Nationality, Alienage and Early International Rights' was awarded the inaugural David D. Caron Prize by the American Society of International Law. Previously, he worked as Postdoctoral Researcher for the Dutch team in the Project on Memory Laws in European and Comparative Perspective.

Prior to taking up his position at the Asser Institute, Castellanos-Jankiewicz was Max Weber Postdoctoral Fellow at the European University Institute, Florence. He has also been Visiting Research Fellow at the Lauterpacht Centre for International Law, University of Cambridge (2017), Vienna's Institute for Human Sciences (2016) and Harvard Law School's Graduate Program (2015-16). From 2017 to 2018 he was Postdoctoral Mobility Fellow of the Swiss National Science Foundation. He holds a PhD in International Law from Geneva's Graduate Institute of International and Development Studies (summa cm laude), an MA in International Law from the Graduate Institute and a law degree from Anahuac Mayab University.

Castellanos-Jankiewicz has extensive teaching experience, having delivered courses on various aspects of public international law at Bocconi University School of Law (Milan), the Riga Graduate School of Law, the University of Amsterdam and Leiden University. He has conducted Masters thesis supervisions at the University of Amsterdam, has been daily PhD supervisor at the Asser Institute and holds the Teaching Certificate issued by the European University Insitute's Max Weber Programme for Postdoctoral Studies. In addition to his academic work, he has delivered expert legal opinions and workshops at the OSCE High Commissioner on National Minorities, the Mexican Foreign Ministry and the Centre for Constitutional Studies of the Mexican Supreme Court.

A couple of minutes ago, Professor Harold Hongju Koh (from Yale), addressing the ICJ on behalf of Ukraine delivered a great oral argument. Just a small quote:
"Within its own legal mandate, each of these bodies [UNGA, ICC, UNHCR, ECHR] must do its job. So if you [the ICJ] speak clearly and decisively now, you will not act alone. [...] But amid this broad network of legal activity, your order is the essential spark that will inspire other competent international organs and agencies to take the further steps necessary to protect peace, security, accountability and human rights in the rapidly deepening crisis."

The hearings in the dispute between Ukraine and Russia have begun. Russia's counsel table is empty.

UN Web TV

The Application of Ukraine against the Russian Federation is officially on the website of the International Court of Justice.

Latest developments | Proceedings instituted by Ukraine against the Russian Federation on 26 February 2022 | International Court of Justice Latest developments | Proceedings instituted by Ukraine against the Russian Federation on 26 February 2022

Earlier today, the Ministry of Foreign Affairs of Ukraine has published the Statement below (the Statement may be found on the official page of the Ukrainian MFA):

"Ukraine filed a case against the Russian Federation at the International Court of Justice, and a request for the Court to issue an order of provisional measures against Russia. Ukraine seeks an emergency hearing and an order by the Court that Russia must cease its unlawful attack on Ukraine. Russia will have to answer for its behavior at the World Court in the Hague.
The Court has jurisdiction to hear Ukraine’s case, and to order emergency measures, on the basis of the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”). The Genocide Convention is one of the most important international treaties, drafted in response to the horrors of World War II and the Holocaust. Russia, however, has twisted the concept of genocide, and perverted the solemn treaty obligation to prevent and punish genocide. It has made an absurd and unfounded claim of alledged genocide as a justification and pretext for its own aggression against Ukraine and violation of the sovereignty and human rights of the Ukrainian People. Ukraine’s case before the ICJ will establish that Russia’s aggression against Ukraine is based on a lie and a gross violation of international law, and must be stopped.
As the Ukrainian People continue to bravely stand against Russian aggression, Russia’s lies will be exposed, and Russia’s contempt for international law will be confirmed. Ukraine will bring Russia to account."

It seems that Ukraine will base its claim on Article IX of the Genocide Convention, of which both Ukraine and Russia are parties, with no reservations, below:

"Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be
submitted to the International Court of Justice at the request of any of the parties to the dispute."

Ukraine seems to have 2 Options:

1. To argue that Russia is committing genocide
or
2. To argue that Russia has misinterpreted and abused the concept of genocide in order to illegally justify its use of force against Ukraine.

Reading the statement of Ukraine, it might be that Option 2 will be preferred.

Looking forward to seeing the Application.

The United Nations Security Council met yesterday. In the closing remarks (at 1h.33min.25sec), the Ukrainian ambassador looks directly at the Russian ambassador, who chaired the works:

"Relinquish your duties, as a chair. Call Putin, call Lavrov, to stop aggression. [...] There is no purgatory for war criminals. They go straight to hell, ambassador."

Ukraine - Security Council, 8974th meeting | United Nations | UNTV Live (23 Feb 2022) - Official 1. Adoption of the agenda 2. Letter dated 28 February 2014 from the Permanent Representative of Ukraine to the United Nations addressed to the President of t...

We are pleased to announce the fourth session of International Law Talks with the topic: 'Every Advisory Opinion Has A Romanian Footnote: Reflections on Third States and International Courts' presented by Brian McGarry.

Brian McGarry is Assistant Professor of Public International Law at the Grotius Centre for International Legal Studies (Leiden University), and Visiting Professor at Sciences Po Law School in Paris. Dr. McGarry was previously Lecturer at the Graduate Institute of International and Development Studies in Geneva, and Visiting Scholar at the Lauterpacht Centre for International Law (Cambridge University).

He serves as Principal Investigator for Leiden Law School’s Tracing Inherent Powers project, which reflects his research interests in dispute settlement and institutional reform.

A member of the New York bar, Dr. McGarry's experience includes advising governments and international organizations in matters involving the law of the sea, international environmental law, and international economic law.

We are pleased to announce the third session of International Law Talks with the topic 'International Responsibility of Corporations and Climate Change' presented by Monika Feigerlová.

JUDr. Monika Feigerlová, LL.M., PhD. works as a research fellow at the Institute of State and Law of the Czech Academy of Sciences and is a member of the climate law research team. She obtained a Ph.D. at the Law Faculty of Charles University in Prague in 2009 and completed the Master in International Dispute Settlement programme (MIDS) at the Graduate Institute and University of Geneva in 2012.

Monika was admitted to the Czech Bar Association in 2007 and practiced law with leading lawfirms in Prague. Her research focuses on investment arbitration and private and public international law. She is also member of the Committee for doctoral theses at the Charles University in Prague and the Executive Member of the Czech Society of International Law.

We are pleased to announce the second session of International Law Talks with the topic: 'Human Rights Protection in the Event of Disasters', presented by Assistant Professor Andrés Bautista Hernáez, PhD (University of Malaga).

Andrés Bautista Hernáez is a Doctor of Law from the Universities of Malaga and Paris Nanterre. His thesis dealt with the international legal regulation of catastrophes in International Law. His lines of research are International Criminal Law, International Human Rights Law and, mainly (subject of his thesis), International Law related to Disasters in relation with Biolaw and human security. He has had the opportunity to work in this field in different collective works, as well as to present his studies at national and international conferences.

He has been a member of the Research Project on Biolaw (University of Seville) and of the Thematic Network (of excellence) ‘Current Challenges of International Law’, both funded by the Spanish Ministry of Education. He is currently a researcher in the following Projects: ‘Immigration and Law: current challenges from an interdisciplinary approach’, at the University of Malaga; PAIDI Project ‘International Criminal Cooperation’ of the Junta de Andalucía (Spanish Region); Project of the National Plan (Excellence) ‘Cooperation Mechanisms with the Authority for a more efficient application of Competition Law and Policy in Europe (EuroCoopCom)’.

In addition, he is a researcher and leads a Work Package in the Capacity Building in The Philippines on Legal High Education (CALESA), funded by the European Commission. Also, he is a member of the Coordinating Committee of the Interest Group on Biolaw of the European Society of International Law (ESIL-SEDI).

We are pleased to announce the first session of International Law Talks which will take place Friday, the 26th of November 2021 between 16:00 and 17:00 EEST on https://meet.google.com/qqr-xfdb-iaf with the topic: 'Freedom of Expression and the Prohibition of Negationism in International Law', presented by Dr. Mihajlo Vučić.

Mihajlo Vučić is a Senior Research Fellow at the Institute of International Politics and Economics (IIPE) Belgrade, and an Associate Professor at the Faculty of Diplomacy and Security where he teaches "European Union studies“. Dr. Vučić holds a PhD in Public International Law and a Master degree in European Integration.