When the European Council in 2004 decided to open accession negotiations with Turkey, it linked T... more When the European Council in 2004 decided to open accession negotiations with Turkey, it linked Turkey's accession process with the Cyprus problem and made the signature of an Additional Protocol to the EC-Turkey Customs Union Agreement extending this Agreement to the ten ...
The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Ste... more The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Stefan.
The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Ste... more The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Stefan.
Cyprus, linked with the EU by an association agreement, has been de facto divided since 1974. In ... more Cyprus, linked with the EU by an association agreement, has been de facto divided since 1974. In 1983, the northern part declared independence as the Turkish Republic of Northern Cyprus (TRNC), a state recognized only by Turkey. The English courts, faced with the ...
In August 2008, Georgia instituted proceedings against the Russian Federation before the Internat... more In August 2008, Georgia instituted proceedings against the Russian Federation before the International Court of Justice (ICJ) to establish its international responsibility for alleged acts of racial discrimination against the ethnic Georgian population in South Ossetia and Abkhazia by ‘the de facto South Ossetian and Abkhaz separatist authorities […] supported by the Russian Federation’. In order to establish the international responsibility of an outside power for the internationally wrongful conduct of a secessionist entity, it must be shown, inter alia, that the acts or omissions of the secessionist entity are attributable to the outside power. International tribunals usually determine the question of attribution on the basis of whether the authorities of the secessionist entity were ‘controlled’ by the outside power when performing the internationally wrongful conduct. Attribution thus becomes a question of how one defines ‘control’. The test of control of authorities and military forces of secessionist entities has become perhaps the most cited example of the fragmentation of international law. The ICJ, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia, and the European Court of Human Rights have all developed and applied their own tests in order to establish whether a secessionist entity has been ‘controlled’ by an outside power. There is a lot of confusion about the various tests, usually referred to as the ‘effective control’, ‘overall control’ and ‘effective overall control’ tests. This article sets out the various control tests, their requirements and areas of application, and asks which test or tests should be applied to attribute the internationally wrongful conduct of a secessionist entity to an outside power.
In the case concerning Jurisdictional Immunities of the State, the ICJ held that rules of jus cog... more In the case concerning Jurisdictional Immunities of the State, the ICJ held that rules of jus cogens did not automatically displace hierarchically lower rules of state immunity. The Court's decision was based on the rationale that there was no conflict between these rules as the former were substantive rules while the latter were procedural in character. The ‘substantive–procedural’ distinction has been heavily criticized in the literature. Much of the criticism seems to be motivated by the unwanted result of the distinction, namely de facto impunity for the most serious human rights violations. This paper takes a step back from the alleged antinomy of human rights and state immunity and broadens the picture by looking at the relationship between substantive and procedural rules more generally. It is shown that substantive rules of a jus cogens character generally leave procedural rules unaffected and, in particular, do not automatically override such rules. Substantive rules ma...
When the European Council in 2004 decided to open accession negotiations with Turkey, it linked T... more When the European Council in 2004 decided to open accession negotiations with Turkey, it linked Turkey's accession process with the Cyprus problem and made the signature of an Additional Protocol to the EC-Turkey Customs Union Agreement extending this Agreement to the ten ...
The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Ste... more The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Stefan.
The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Ste... more The reality of international law essays in honour of ian brownlie GOODWIN-GILL Guy S., TALMON Stefan.
Cyprus, linked with the EU by an association agreement, has been de facto divided since 1974. In ... more Cyprus, linked with the EU by an association agreement, has been de facto divided since 1974. In 1983, the northern part declared independence as the Turkish Republic of Northern Cyprus (TRNC), a state recognized only by Turkey. The English courts, faced with the ...
In August 2008, Georgia instituted proceedings against the Russian Federation before the Internat... more In August 2008, Georgia instituted proceedings against the Russian Federation before the International Court of Justice (ICJ) to establish its international responsibility for alleged acts of racial discrimination against the ethnic Georgian population in South Ossetia and Abkhazia by ‘the de facto South Ossetian and Abkhaz separatist authorities […] supported by the Russian Federation’. In order to establish the international responsibility of an outside power for the internationally wrongful conduct of a secessionist entity, it must be shown, inter alia, that the acts or omissions of the secessionist entity are attributable to the outside power. International tribunals usually determine the question of attribution on the basis of whether the authorities of the secessionist entity were ‘controlled’ by the outside power when performing the internationally wrongful conduct. Attribution thus becomes a question of how one defines ‘control’. The test of control of authorities and military forces of secessionist entities has become perhaps the most cited example of the fragmentation of international law. The ICJ, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia, and the European Court of Human Rights have all developed and applied their own tests in order to establish whether a secessionist entity has been ‘controlled’ by an outside power. There is a lot of confusion about the various tests, usually referred to as the ‘effective control’, ‘overall control’ and ‘effective overall control’ tests. This article sets out the various control tests, their requirements and areas of application, and asks which test or tests should be applied to attribute the internationally wrongful conduct of a secessionist entity to an outside power.
In the case concerning Jurisdictional Immunities of the State, the ICJ held that rules of jus cog... more In the case concerning Jurisdictional Immunities of the State, the ICJ held that rules of jus cogens did not automatically displace hierarchically lower rules of state immunity. The Court's decision was based on the rationale that there was no conflict between these rules as the former were substantive rules while the latter were procedural in character. The ‘substantive–procedural’ distinction has been heavily criticized in the literature. Much of the criticism seems to be motivated by the unwanted result of the distinction, namely de facto impunity for the most serious human rights violations. This paper takes a step back from the alleged antinomy of human rights and state immunity and broadens the picture by looking at the relationship between substantive and procedural rules more generally. It is shown that substantive rules of a jus cogens character generally leave procedural rules unaffected and, in particular, do not automatically override such rules. Substantive rules ma...
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