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Armed Conflict-Related Detention of Particularly Vulnerable Persons: Challenges and Possibilities
In: (2018) 94 International Law Studies 39
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Techniques in International Law-Making: Extrapolation, Analogy, Form and the Emergence of an International Law of Disaster Relief
In: European journal of international law, Band 28, Heft 4, S. 1097-1132
ISSN: 1464-3596
Techniques in International Law-Making: Extrapolation, Analogy, Form and the Emergence of an International Law of Disaster Relief
In: 28 European Journal of International Law _ (Forthcoming)
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Making and Shaping the Law of Armed Conflict
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Working paper
Beyond States and Non-State Actors: The Role of State-Empowered Entities in the Making and Shaping of International Law
In: Columbia Journal of Transnational Law, Band 55, Heft 2
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THE INFLUENCE OF TEACHINGS OF PUBLICISTS ON THE DEVELOPMENT OF INTERNATIONAL LAW
In: The international & comparative law quarterly: ICLQ, Band 66, Heft 1, S. 1-37
ISSN: 1471-6895
AbstractThis article considers the influence of teachings of publicists on the development of international law. The category of 'teachings of publicists' is not a homogeneous one. The article argues that it can be divided into: entities that have been empowered by States to conclude teachings, such as the International Law Commission; expert groups, such as the Institut de Droit International; and 'ordinary' publicists. The teachings of ordinary publicists are also of different types and include digests, treatises, textbooks, monographs, journal articles, and blog posts. Only by breaking down the category into its various types can the influence of the teaching of publicists on the development of international law be properly gauged. Even then, it can prove rather difficult to pin down the notion of 'influence'. Standard assessments of influence focus on the extent to which teachings are cited by courts and tribunals, in particular by the International Court of Justice. However, that approach privileges the role of courts and tribunals in the development of international law and overlooks the role of other actors. As such, the present article offers a different assessment of influence. It identifies the actors that comprise the community of international lawyers and analyses the various interactions that take place between these actors and the teachings of publicists. It is through this interaction, of which citation is but part, that the influence of the teachings of publicists can properly be determined.
Exclusion Zones in the Law of Armed Conflict at Sea: Evolution in Law and Practice
In: 92 International Law Studies 153 (2016)
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ARBITRARY WITHHOLDING OF CONSENT TO HUMANITARIAN ASSISTANCE IN SITUATIONS OF DISASTER
In: The international & comparative law quarterly: ICLQ, Band 64, Heft 3, S. 501-531
ISSN: 1471-6895
AbstractFollowing a large-scale disaster, such as a major earthquake, tsunami or cyclone, tens of thousands of persons are often displaced, suffer from food shortages and in need of medical assistance. In situations in which the State affected by the disaster does not meet the needs of the affected persons itself, humanitarian assistance from outside the State might be required. This article considers the role of consent to external humanitarian assistance on the part of the affected State. As there is no single overarching treaty in the area of humanitarian assistance in situations of disaster, the article explores the role of consent in the various disaster-specific, subject-specific and region-specific treaties as well as in the soft law instruments in the area. Although the instruments take seemingly different approaches to the subject, a common standard is identified, namely that consent on the part of the affected State is required before external assistance can be provided but that consent cannot be arbitrarily withheld. The article then goes on to give content to the arbitrary withholding standard, breaking it down into its substantive and procedural elements. These include the meaning of the term 'arbitrary'; the requirement to provide a reason for the withholding of consent; legitimate grounds for withholding consent; and the actor that assesses the justification. Regard is had for State practice in the context of disasters as well as other areas of the law in which similar tests are used.
Exclusion from Refugee Status: The Purposes and Principles of the United Nations and Article 1F(c) of the Refugee Convention
In: International Journal of Refugee Law, Band 26, Heft 2014
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23. International Humanitarian Law
In: International Human Rights Law, S. 479-495
Lessons for the law of armed conflict from commitments of armed groups: identification of legitimate targets and prisoners of war
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 93, Heft 882, S. 463-482
ISSN: 1607-5889
AbstractArmed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment. They commit the group to abide by international standards, sometimes exceed international standards, or in certain respects violate international standards. Although these commitments are often overlooked, they offer certain lessons for the law of armed conflict. This article considers the commitments of armed groups with respect to two specific areas of the law that are either of contested interpretation or seemingly inapplicable to non-international armed conflicts, namely the identification of legitimate targets and the prisoners of war regime.
Re-envisaging the International Law of Internal Armed Conflict: A Rejoinder to Gabriella Blum
In: European journal of international law, Band 22, Heft 1, S. 273-275
ISSN: 1464-3596