Search results for ___ in ___ using the tag jus cogens between 01/01/2008 and 16/06/2025 by ___.
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Is ‘prolonged occupation’ still ‘military occupation’ governed by IHL?
Article 42 of the Hague Regulations (HR), annexed to the 1907 Hague Convention IV, provides that a territory is considered occupied ‘when it is actually…
Legal Limits for UNSC Action on Peace in Ukraine
The last weeks have seen a gradual increase of pressure on the Ukrainian leadership to succumb to Russia’s imperialist demands. In particular, the United States of America under…
International Law as a Common Heritage of Mankind
In 1990, when the European Journal of International Law (EJIL) had its first issue, its founders, including myself, obviously stressed in their first editorial the…
Immunity of State Officials: A Jus Cogens Criteria for Draft Article 7?
Immunities of state officials are a subject matter in international law that continues to raise tensions between States. The seventy-sixth session of the International Law Commission (ILC) will…
A Legal Framework for a Russia-Ukraine Peace Agreement
Reports of a possible Russia-Ukraine peace agreement continue to bubble and churn. The latest is an apparent Russian rejection of a peace plan floated by…
Coastal State Jurisdiction in the Territorial Sea and the Protection of People on Board Foreign-Flagged Vessels
Today—the 10th of December—is an important day for international law. First, on 10 December 1982, the United Nations Convention of the Law of the Sea (…
Reflections on the Identification of Jus Cogens by the ICJ in the Advisory Opinion on the Legality of Israel’s Occupation of Palestinian Territories: Taking into Account the ILC Draft Conclusions on Jus Cogens
In the groundbreaking advisory opinion recently delivered by the International Court of Justice on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied…
Obligations Erga Omnes, Norms of Jus Cogens and Legal Consequences for “Other States” in the ICJ Palestine Advisory Opinion
As correctly pointed out in this blog, the Advisory Opinion (AO) of 19 July 2024 issued by the International Court of Justice (the Court) on the…
Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm?
International law prohibits states from forcibly acquiring the territory of other states. But does this prohibition of the annexation of territory have the status of…
Disobeying the Security Council or a disobedient Security Council? The effects of jus cogens on Security Council resolutions in recent debates of the ILC and in the views of states
At the most recent plenary session of the International Law Commission, which concluded on 5 August 2022, one issue proved particularly controversial. Indeed, it proved so controversial that…
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