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Begin New Search Topic International Law Content Type Journal Article

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. Arbitral Jurisdiction in Crimea Investment Disputes: Connecting the Dots

Author:
Petro Halimurka
Publication Date:
07-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
Under normal circumstances, bilateral investment treaties (BIT) are designed to promote the mutual enhancement of investment climate and to guarantee that foreign investors are treated no worse than investors of host and third States. In many respects, maintaining such relations is believed to reflect economic globalization and the increasingly widespread acceptance of such legal standards as non-discrimination and of striking a balance between national and private foreign interests. Practice shows, however, that the equilibrium of an investment treaty regime can sometimes be disturbed by a chain of actions governed by a field of law with a purpose of a completely different nature, such as the law of armed conflict. Such an interaction can be observed in relations between Russia and certain Ukrainian investors. Following the annexation of Crimea by the Russian Federation, a number of investors, some of whose assets were based in Crimea, commenced investment arbitration proceedings in an attempt to recover some of their rights and interests. This article examines the jurisdictional practice of these arbitral tribunals, along with a critical analysis of the relevant provisions of the Ukraine-Russia BIT, as well as other norms of international law operative in relations developed.
Topic:
International Law, Investment, Arbitration, Jurisdiction, and Bilateral Investment Treaties (BIT)
Political Geography:
Russia, Europe, Ukraine, and Crimea

4. Thomas Buergenthal and the Americas: A Comprehensive Contribution to Human Rights Protection

Author:
Kai Ambos
Publication Date:
01-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
While Thomas Buergenthal’s contribution to the field of human rights is certainly of global importance, it had a particular impact in the Americas, especially during the crucial initial phase of the Inter-American Human Rights System (IAHRS) with the Court as its core institution on which Buergenthal served as one of the first group of judges from 1979 to 1991. In a nutshell, Buergenthal’s contribution may be characterized as a comprehensive and decisive effort to the regional protection of human rights in a threefold way: prudent proactivity (A.), active promotion and optimization (B.), interaction and critical follow-up (C.). At the same time, Buergenthal pursued a strategic-progressive approach which offers valuable lessons for the protection of human rights going well beyond the Americas. Buergenthal’s contribution to human rights and to international law in general cannot be overestimated. His principled and at the same time prudent strategic approach will be greatly missed, especially in our challenging times where international law is under attack at various fronts.
Topic:
Human Rights, International Law, Protection, and Thomas Buergenthal
Political Geography:
South America, Central America, and Americas

5. Artificial Intelligence and Human Rights: Towards an Advanced International Binding Regulation?

Author:
Takis Vidalis
Publication Date:
07-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
With the rapid development of AI applications in the most important areas of economic, political and social life, the regime for the protection of fundamental rights has been significantly affected. This reality gives rise to initiatives for new legislation at international, supranational and national level. At the level of international law in particular, this legislation currently focuses on the formulation of general principles and guidelines. What is lacking is more specific regulation in situations where the introduction of AI causes uncertainty as to the protection of specific rights, particularly where conflicts arise between them. This article attempts to formulate proposals for such a more specific regulation, based on widely acknowledged principles of international law. Given that technological development and its impact on today’s societies know no national limitations, the adoption of this ‘next step’ in international law may well determine the smooth adaptation of AI to the values of democratic societies.
Topic:
Human Rights, International Law, Regulation, and Artificial Intelligence
Political Geography:
Global Focus

6. The Montreux Convention and its Importance for International Peace and Security

Author:
Ioannis Antonopoulos
Publication Date:
01-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
Since its conclusion, the Montreux Convention regarding the regime of the Straits (1936) constitutes an important pillar of the international order. This may be proven by many historical events from the 20th century until today: From the application of the Convention in WWII to its recent invocation in the ongoing Ukrainian conflict. The Convention’s significance derives from its subject-matter, the freedom of transit through the Dardanelles/Turkish Straits in regard to the warships and aircraft in time of peace and in time of war. This is a legal analysis of the Montreux Convention under the scope of International Law providing a brief look at the historical background of events that have led to the signature of the Convention, an extensive presentation of the legal framework of its provisions regarding passage of warships and overflight of aircraft, as well as, some thoughts on its importance for the international peace and security.
Topic:
Security, International Law, History, Peace, International Order, and Montreux Convention
Political Geography:
Europe

7. Ocean Rights – Challenges and Prospects

Author:
Jasper Mührel
Publication Date:
07-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
The pressing environmental crises of the Anthropocene are inherently connected to ocean health. Yet, the oceans are currently in a critical state. The article explores the idea of giving rights to oceans as one way to enhance their legal protection. It draws on scholarship and practice regarding the existing legal rights of nature, and discusses the challenges and prospects of ocean rights. In doing so, the article raises and addresses three fundamental questions for the recognition of such rights: first, why oceans should hold their own rights in the first place; second, who, i.e. what exact entity or entities, shall hold ocean rights; and finally, how such rights could be implemented and represented and thus be given practical effect.
Topic:
Climate Change, Environment, International Law, Oceans and Seas, Anthropocene, and Rights
Political Geography:
Global Focus

8. Freedom and Personal Autonomy as the Foundation of Private International Law and the Cornerstone of Individual Rights in the AI Era

Author:
Antoni Abat i Ninet
Publication Date:
04-2025
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
An examination of private international law manuals and relevant legislation demonstrates that the autonomy of the will constitutes a fundamental epistemological principle underpinning the field. However, this freedom is neither absolute nor unbounded. The binding force of pacta sunt servanda, the limitations imposed by public law, the operation of mandatory rules (lois de police), the demands of public policy (ordre public), and the necessity of protecting weaker parties all constrain its exercise. In contemporary private international law, the principle has evolved into a pervasive and dynamic norm, deeply embedded in legal practice while continuously adapting to new challenges. In the emerging era of artificial intelligence, the autonomy of the will must be reaffirmed as a cornerstone of individual rights, ensuring the preservation of personal freedom amidst technological transformations.
Topic:
International Law, European Union, Artificial Intelligence, Autonomy, Freedom, Immanuel Kant, and Individual Rights
Political Geography:
Europe

9. 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

10. Is There Hope for Gaza Under International Law?

Author:
Abigail Flynn
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
Why has international law failed to hold Israel responsible for its destruction of Gaza? It was built to enable the colonizer, not to protect the colonized, explains legal expert Jason Beckett.
Topic:
Genocide, International Law, United Nations, International Court of Justice (ICJ), Israeli–Palestinian Conflict, and 2023 Gaza War
Political Geography:
Middle East, Israel, Palestine, and Gaza