Paul A Eden
University of Sussex, Law School, Faculty Member
- Law of Treaties, Statehood, Plurilingualism, Translation and Interpretation, The Crime of Apartheid, International Criminal Law, and 25 moreCommercial Law, International Sales Law, Personal property, International Law, International Commercial Law, Israel/Palestine, Multilingualism, United Nations, Theory of Law, Judicial Precedent, International Criminal Court, Private International Law, Comparative Law, International Business Law, Civil Procedure, Insolvency Law, Legal interpretation, Politics of Recognition, International Court of Justice, Sources of Law, Law and Language, Guilt, Apartheid, International Human Rights Law, and Targeted Killingedit
Given the widespread practice of authenticating treaties in two or more languages and the importance of multilateral treaties both as a source of international law and as a means of encouraging peaceful co-operation among nations, it is... more
Given the widespread practice of authenticating treaties in two or more languages and the importance of multilateral treaties both as a source of international law and as a means of encouraging peaceful co-operation among nations, it is surprising that more attention is not devoted to the issue of the interpretation of plurilingual treaties.
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Although the number of individuals and entities on the Taliban and Al-Qaida sanctions list was initially very small, in the wake of 9/11, hundreds of names were added. The procedure by which individuals and entities were added to the... more
Although the number of individuals and entities on the Taliban and Al-Qaida sanctions list was initially very small, in the wake of 9/11, hundreds of names were added. The procedure by which individuals and entities were added to the lists has given rise to serious concerns over due process and human rights. The listing process entailed action by UN Member States to enforce the asset freezing and travel bans and these actions prompted challenges in the courts of both the EU and the UK by individuals and entities whose assets had been frozen. In 2008, in the joined cases of Kadi and Al Barakaat, the ECJ (now CJEU) found that the system under EU law by which listed persons came to have their assets frozen was seriously flawed. There can be little doubt that the creation of the Office of the Ombudsperson in 2009 was a response to the ECJ’s decision in Kadi I. The Office of the Ombudsperson was created by SC Resolution 1904 (2009) and its mandate was extended by SC Resolution 1989 (2011...
Research Interests: Terrorism, International Law, Human Rights, Political Science, International Human Rights Law, and 12 moreUnited Nations, Public International Law, Security Council, European Union, Studies, European Court of Justice, Social Science Research Network, Al Qaeda, Sanctions, Kz, ISIL, and United Nations Security Council Office of the Ombudsperon
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In recent years, the relationship between international humanitarian law and international human rights law has become increasingly controversial. Human rights lawyers and activists have sought to apply human rights norms to military... more
In recent years, the relationship between international humanitarian law and international human rights law has become increasingly controversial. Human rights lawyers and activists have sought to apply human rights norms to military conduct in international and internal conflicts, and ...
Research Interests: Law and Political Science
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CRIMINAL LIABILITY AND THE DEFENCE OF SUPERIOR ORDERS PAUL EDEN* Assistant Lecturer in Law, University of Cape Town '"God," people say. "But these were old men, and women and children." I tell you: I didn't... more
CRIMINAL LIABILITY AND THE DEFENCE OF SUPERIOR ORDERS PAUL EDEN* Assistant Lecturer in Law, University of Cape Town '"God," people say. "But these were old men, and women and children." I tell you: I didn't see it. I had this mission, and I was intent upon it. I only ...
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The chapter explores the historical background to plurilingual treaty-making as well as the practice of the PCIJ and ICJ to the interpretation of plurilingual treaties. The chapter includes a detailed examination of Article 33 of the... more
The chapter explores the historical background to plurilingual treaty-making as well as the practice of the PCIJ and ICJ to the interpretation of plurilingual treaties. The chapter includes a detailed examination of Article 33 of the Vienna Convention of the Law of Treaties and the effect of this article on ICJ practice.
Research Interests: Multilingualism, Sources of Law, Judicial Precedent, International Court of Justice, Legal interpretation, and 9 morePlurilingualism, Law of Treaties, Theory of Law, Law and Language, Treaty Interpretation, Legal system, Judicial Argumentation, Permanent Court of International Justice, and Law Application
This chapter considers the range of international measures adopted both before and after 11 September 2001 to deny terrorists and their supporters access to the international financial system. The chapter concludes by doubting the... more
This chapter considers the range of international measures adopted both before and after 11 September 2001 to deny terrorists and their supporters access to the international financial system. The chapter concludes by doubting the coventional wisdom that funding is the lifeblood of terrorism and argues that measures aimed at the root causes of terrorism must pay due regard to civil liberties and human rights.
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This chapter addresses the legal policy issues surrounding electronic commerce. It examines the applicability of existing Commercial Law, including the classification of contracts for the purchase of computer software and the validity of... more
This chapter addresses the legal policy issues surrounding electronic commerce. It examines the applicability of existing Commercial Law, including the classification of contracts for the purchase of computer software and the validity of shrinkwrap and clickwrap licences. The chapter also considers the legal policy issues underlying the establishment of a new legal framework for electronic commerce with particular reference to the proposals of the British Government in the late 1990s.
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Research Interests: Law and Indexation
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On 23 September 2011, Mahmoud Abbas, in his capacity as the Chairman of the Executive Committee of the Palestine Liberation Organization and President of the State of Palestine, applied for full membership of the United Nations (UN) on... more
On 23 September 2011, Mahmoud Abbas, in his capacity as the Chairman of the Executive Committee of the Palestine Liberation Organization and President of the State of Palestine, applied for full membership of the United Nations (UN) on behalf of the State of Palestine. In his letter of application (addressed to the UN Secretary-General Ban Ki Moon), Mr Abbas made reference to section F of the Plan of Partition in UN General Assembly Resolution 181(II) of 29 November 1947 (where sympathetic consideration of the application for membership of the UN of both the Arab and Jewish States was urged) as well as the Declaration of Independence of the State of Palestine of 15 November 1988 and the acknowledgement by the General Assembly (GA) of this Declaration in Resolution 43/177 of 15 December 1988.1
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The human suffering caused by the political ideology of apartheid in South Africa during the Apartheid era (1948-1994) prompted worldwide condemnation and a variety of diplomatic and legal responses. Amongst these responses was the... more
The human suffering caused by the political ideology of apartheid in South Africa during the Apartheid era (1948-1994) prompted worldwide condemnation and a variety of diplomatic and legal responses. Amongst these responses was the attempt to have apartheid recognised both as a crime against humanity in the 1973 Apartheid Convention as well as a war crime in Article 85(4)(c) of Additional Protocol I. This article examines the origins, nature and current status of the practices of apartheid as a war crime and its possible application to the Israeli-Palestinian conflict.
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The paper challenges the assertion that the apartheid system in South Africa was a crime under customary international law giving rise to individual responsibility prior to the drafting of the 1998 Rome Statute of the International... more
The paper challenges the assertion that the apartheid system in South Africa was a crime under customary international law giving rise to individual responsibility prior to the drafting of the 1998 Rome Statute of the International Criminal Court. The paper also examines the role of the Rome Statute in the criminalization of apartheid and assesses the current status of the crime of apartheid in customary international law with particular reference to the principle of legality (nullum crimen, nulla poena sine lege). Nothing in the paper should be read as condoning the gross violations of human rights that resulted from the policies of apartheid in South Africa in any way.
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The article considers the legal aspects of the Palestinian application for full membership of the United Nations (UN) in September 2011 as well as the the admission of Palestine to UNESCO as a full member in October 2011. The article also... more
The article considers the legal aspects of the Palestinian application for full membership of the United Nations (UN) in September 2011 as well as the the admission of Palestine to UNESCO as a full member in October 2011. The article also addresses the 2009 Palestinian declaration recognising the jurisdiction of the International Criminal Court (ICC). The admission of Palestine as a non-member observer State by an overwhelming vote of the UN General Assembly is considered in a postscript not included in this pre-publication version of the article.
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The postscript deals with development between the submission of the main article and publication i.e. the application for non-member Observer State status by Palestine, the vote in the UN General Assembly and the Israeli response.
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The chapter explores the historical background to plurilingual treaty-making as well as the practice of the PCIJ and ICJ to the interpretation of plurilingual treaties. The chapter includes a detailed examination of Article 33 of the... more
The chapter explores the historical background to plurilingual treaty-making as well as the practice of the PCIJ and ICJ to the interpretation of plurilingual treaties. The chapter includes a detailed examination of Article 33 of the Vienna Convention of the Law of Treaties and the effect of this article on ICJ practice.
Research Interests: Multilingualism, Sources of Law, Judicial Precedent, International Court of Justice, Legal interpretation, and 9 morePlurilingualism, Law of Treaties, Theory of Law, Law and Language, Treaty Interpretation, Legal system, Judicial Argumentation, Permanent Court of International Justice, and Law Application
Although the number of individuals and entities on the Taliban and Al-Qaida sanctions list was initially very small, in the wake of 9/11, hundreds of names were added. The procedure by which individuals and entities were added to the... more
Although the number of individuals and entities on the Taliban and Al-Qaida sanctions list was initially very small, in the wake of 9/11, hundreds of names were added. The procedure by which individuals and entities were added to the lists has given rise to serious concerns over due process and human rights. The listing process entailed action by UN Member States to enforce the asset freezing and travel bans and these actions prompted challenges in the courts of both the EU and the UK by individuals and entities whose assets had been frozen. In 2008, in the joined cases of Kadi and Al Barakaat, the ECJ (now CJEU) found that the system under EU law by which listed persons came to have their assets frozen was seriously flawed. There can be little doubt that the creation of the Office of the Ombudsperson in 2009 was a response to the ECJ’s decision in Kadi I. The Office of the Ombudsperson was created by SC Resolution 1904 (2009) and its mandate was extended by SC Resolution 1989 (2011). This chapter examines the background to the creation of the Office of the Ombudsperson, the current delisting process contained in SC Resolution 2161 (2014), the impact of the Office of the Ombudsperson (including the criticisms of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism) and the effect of the new listing and delisting process on CJEU in Kadi II. UNSC Resolution 2253 (2015) is considered briefly in a postscript.
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This chapter considers the range of international measures adopted both before and after 11 September 2001 to deny terrorists and their supporters access to the international financial system. The chapter concludes by doubting the... more
This chapter considers the range of international measures adopted both before and after 11 September 2001 to deny terrorists and their supporters access to the international financial system. The chapter concludes by doubting the coventional wisdom that funding is the lifeblood of terrorism and argues that measures aimed at the root causes of terrorism must pay due regard to civil liberties and human rights.
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This paper re-examines the Privy Council’s decision in Re Goldcorp Exchange Ltd . The central question this paper addresses is - How would an English court decide a case with near identical facts to Re Goldcorp Exchange Ltd? - i.e. where... more
This paper re-examines the Privy Council’s decision in Re Goldcorp Exchange Ltd . The central question this paper addresses is - How would an English court decide a case with near identical facts to Re Goldcorp Exchange Ltd? - i.e. where the rights of “owners” of non-allocated personal property held by a hopelessly insolvent depository were contested by the holders of a floating charge over the assets of the depositary.
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This paper considers the circumstances in which the equitable interest in shares may be transferred notwithstanding the failure to comply with the requirements for the transfer of the legal interest. As the legal position may vary... more
This paper considers the circumstances in which the equitable interest in shares may be transferred notwithstanding the failure to comply with the requirements for the transfer of the legal interest. As the legal position may vary according to the nature of the transfer, i.e. whether it was a sale or a gift, each of these transactions will be considered separately.
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This chapter addresses the legal policy issues surrounding electronic commerce. It examines the applicability of existing Commercial Law, including the classification of contracts for the purchase of computer software and the validity of... more
This chapter addresses the legal policy issues surrounding electronic commerce. It examines the applicability of existing Commercial Law, including the classification of contracts for the purchase of computer software and the validity of shrinkwrap and clickwrap licences. The chapter also considers the legal policy issues underlying the establishment of a new legal framework for electronic commerce with particular reference to the proposals of the British Government in the late 1990s.
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This review challenges the assertions made in Arianna Pretto-Sakmann Boundaries of Personal Property: Shares and Sub-Shares (Hart, Oxford, 2005) regarding the ambit of property in Roman law and the boundary to be drawn between the law of... more
This review challenges the assertions made in Arianna Pretto-Sakmann Boundaries of Personal Property: Shares and Sub-Shares (Hart, Oxford, 2005) regarding the ambit of property in Roman law and the boundary to be drawn between the law of property and the law of obligations in English law.
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This collection of essays marked the formal launch of the Centre for Instalment Credit Law at the University of Wales, Swansea. The book is divided into three parts. The first part examines the concept of security and the remedies... more
This collection of essays marked the formal launch of the Centre for Instalment Credit Law at the University of Wales, Swansea. The book is divided into three parts. The first part examines the concept of security and the remedies available from the misuse of chattels. The second part considers the conflict of laws rules regarding mobile assets subject to security interests and the third part considers the development of a worldwide regime dealing with security interests in (high value) mobile equipment.
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Given the widespread practice of authenticating treaties in two or more languages and the importance of multilateral treaties both as a source of international law and as a means of encouraging peaceful co-operation among nations, it is... more
Given the widespread practice of authenticating treaties in two or more languages and the importance of multilateral treaties both as a source of international law and as a means of encouraging peaceful co-operation among nations, it is surprising that more attention is not devoted to the issue of the interpretation of plurilingual treaties.
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A conference handout to accompany a presentation to a conference hosted by the Institute of Law Jersey - Does Jersey Need a Criminal Code? - held on Monday 2nd November 2015.
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The handout for a presentation to an international conference "The Case of Crimea in the Light of International Law: Its Nature and Implication" held in Warsaw 19-20 March 2015.
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The adoption of the 2008 Rotterdam Rules in six equally authentic language versions has presented the maritime community with an issue that it has not (knowingly) previously encountered, namely the issue of the interpretation of... more
The adoption of the 2008 Rotterdam Rules in six equally authentic language versions has presented the maritime community with an issue that it has not (knowingly) previously encountered, namely the issue of the interpretation of plurilingual treaties.
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The powerpoints from a presentation that I gave to a two day international workshop Apartheid and International Law: The Past,
The Here and Now held on 111-12 May 2021.
The Here and Now held on 111-12 May 2021.
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The powerpoint slides from a seminar with International Trade Law LL.M students on their legal methodology module dealing with the doctrinal/positivist approach to legal research.
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Even before the BREXIT referendum on 23 June 2016 but more particularly since the decision of the Divisional Court (DC) in R (Miller) v The Secretary of State for Exiting the European Union there have been numerous blogs, newspaper... more
Even before the BREXIT referendum on 23 June 2016 but more particularly since the decision of the Divisional Court (DC) in R (Miller) v The Secretary of State for Exiting the European Union there have been numerous blogs, newspaper reports and even a House of Commons Briefing Paper arguing that notification of intention to withdraw from the European Union (EU) in accordance with the provisions of Article 50 of the Treaty of European Union (TEU), once given, can be withdrawn. This presentation considers the legal basis of these arguments. The presentation considers the relevance of the Vienna Convention on the Law of Treaties (VCLT) to the process of withdrawal with particular reference to Article 68 VCLT which, it has been claimed, is a general rule of international law that allows a notice of withdrawal to be revoked at any time before it takes effect. The origins and interpretation of Article 50 TEU will also be considered.
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Powerpoint slides accompanying a presentation to a conference held by the Institute of Law Jersey "Does Jersey Need a Criminal Code" held on Monday 2nd November 2015
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This detailed syllabus covers the Sale of Goods Act 1979. There is a separate handout covering the Consumer Rights Act 2015.
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This handout accompanies the lectures on damages as a remedy for breach of contract delivered as part of the Commercial Law module at the University of Sussex in January 2015.
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This seminar handout accompanied a presentation about the the usefulness of the distinction between justification and excuse by considering the role it might play in a code of criminal law.
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The article discusses the criminal liability of a military subordinate who, in executing a superior command, commits an unlawful act. The article examines the defence of superior orders in three closely related legal systems paying... more
The article discusses the criminal liability of a military subordinate who, in executing a superior command, commits an unlawful act. The article examines the defence of superior orders in three closely related legal systems paying particular attention to te difficulties inherent in the so-called middle position, the manifest illegality principle. The article recommends systemizing the manifest illegality principle by equating it wih the category of grave breaches under the Geneva Conventions and Additional Protocols.
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The submissions in response to a Direction by the Social Security Commissioner asking whether it was proper for him to take the French text of the judgment in Case C-138/02, Brian Francis Collins v Secretary of State for Work and Pensions... more
The submissions in response to a Direction by the Social Security Commissioner asking whether it was proper for him to take the French text of the judgment in Case C-138/02, Brian Francis Collins v Secretary of State for Work and Pensions into account in interpreting the English text returned to him by the ECJ and, secondly, whether any elements of the French text affected the interpretation in any way.
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The written observations in Case C-138/02 Brian Francis Collins v Secretary of State for Work and Pensions submitted by Richard Drabble QC and Paul Eden on behalf of Stewart Wright, Legal Officer, Child Poverty Action Group.