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This occasional paper provides an account of the development of the international legal system over the next three decades. It suggests that, by the year 2050, the period of classic international law will be drawing to a close. We will have entered a new stage of hybridity where the actors, processes and institutions of classic international law intermingle with a wide range of transnational actors, processes and institutions.
In This contribution to the second edition of Dieter Fleck's The Handbook of the Law of Visiting Forces, Paul J. Conderman and I provide a detailed account of the exercise of criminal and administrative jurisdiction over visiting forces. The chapter focuses primarily on the NATO Status of Forces Agreement and the United Nations Model SOFA, but also addresses customary international law.
The purpose of this paper is to determine whether a Member State of the EU may revoke its notice to withdraw from the Union under Article 50 TEU. Contrary to the position taken by the English courts in Miller, this paper confirms that a notice to withdraw from the EU is in fact reversible.
In this contribution to the Research Handbook on Jurisdiction and Immunities in International Law (edited by Alexander Orakhelashvili), I explore how the rules of State jurisdiction and State immunity apply to foreign armed forces. What is the law of the flag? Why is the legal status of foreign military personnel not the same as that of tourists? Find out here!
In this article, I argue that the European Court has taken one step forward in the Jaloud case by introducing the notion of full command into the debate on extra-territorial jurisdiction, but two steps back by sowing unnecessary confusion with regard to the applicable rules of attribution.
This article examines the implications of the Serdar Mohammed case on the law of armed conflict. It argues that the judgment is mistaken as a matter of law and undesirable as a matter of policy, as it drives the convergence between international human rights law and the law of armed conflict too far.
The chapter investigates the legal position of foreign forces in post-conflict situations. It argues in favour of a more contextual and dynamic understanding of the legal status of foreign forces deployed in such situations.
This note argues that the solution adopted by the Articles on the Responsibility of International Organizations to the question of attributing wrongful conduct in the cotext of peace support operations is misguided, as it deliberately ignores the legal and institutional status of national contingents, does not reflect consistent international practice and may not serve the best interests of potential claimants.
The purpose of this working paper is to assess the role of human rights and fundamental freedoms in the crisis management operations led by the EU. It brings together contributions from recognized experts originally presented at the Centre for the Law of EU External Relations (CLEER) of the TMC Asser Institute at The Hague.
In this short contribution to the NATO Legal Gazette, I examine the impact the NATO SOFA has had over the past six decades, in particular its possible contribution to the formation of rules of customary international law.
