FROM THE ARCHIVE:
VOLUME 10 ISSUE 1

Ex iniuria ius oritur: are we moving towards international legitimation of forcible humanitarian countermeasures in the world community?
ARTICLE BY A CASSESE, Cassese comments on the article by Simma, also in this issue, on the legitimacy of the use of force by NATO in the Kosovo crisis. The author agrees with Simma that NATO's action falls outside the scope of the United Nations Charter and, by that token, is illegal under international law. This breach is not a negligible one and it is not to be countenanced merely by referring to its exceptional character and by stating that it should not be seen as setting a precedent. The author explores the notion that NATO's action may nevertheless be taken as evidence of an emerging doctrine in international law allowing the use of forcible countermeasures to impede a state from committing large-scale atrocities on its own territory, in circumstances where the Security Council is incapable of responding adequately to the crisis. The author argues that where a number of stringent conditions are met, a customary rule may emerge which would legitimize the use of force by a group of states in the absence of prior authorization by the Security Council. This is subject to various caveats, including the need to bear in mind the threat to global security which is inevitably involved in the use of force without such authorization.
READ MORE

About the EJIL

Welcome to the website of one of the world’s leading international law journals. The EJIL was established in 1990 by a small group of scholars based at the European University Institute, the Universities of Florence, Munich and Paris II and the Michigan Law School. The Journal has grown since then in size, strength and reputation, but the Editors’ original vision remains unchanged. About the EJIL

News

No news available

In The Current Issue: Vol. 25 (2014) No. 1

Editorial

  • JHHW,
    The International Society for Public Law - Call for Papers and Panels; Van Gend en Loos - 50th Anniversary; Vital Statistics; Roll of Honour; Quantitative Empirical International Legal Scholarship; In this Issue (free fulltext)

EJIL: Keynote Debate!

  • Daniel Bethlehem,
    The End of Geography: The Changing Nature of the International System and the Challenge to International Law (abstract) (free fulltext)
  • David S. Koller,
    The End of Geography: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem (abstract) (free fulltext)
  • Carl Landauer,
    The Ever-Ending Geography of International Law: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem (abstract) (free fulltext)

Articles

  • Maria Aristodemou,
    A Constant Craving for Fresh Brains and a Taste for Decaffeinated Neighbours (abstract)
  • Christopher Wadlow,
    The Beneficiaries of TRIPs: Some Questions of Rights, Ressortissants and International Locus Standi (abstract)

Revisiting Van Gend en Loos: A Joint Symposium with the International Journal of Constitutional Law (I•CON)

  • Revisiting Van Gend en Loos: A Joint Symposium with the International Journal of Constitutional Law (I*CON) (free fulltext)
  • J.H.H. Weiler,
    Van Gend en Loos: The Individual as Subject and Object and the Dilemma of European Legitimacy (Abstract only) (free fulltext)
  • Eyal Benvenisti, George W. Downs,
    The Premises, Assumptions, and Implications of Van Gend en Loos: Viewed from the Perspectives of Democracy and Legitimacy of International Institutions (abstract) (free fulltext)
  • Damian Chalmers, Luis Barroso,
    What Van Gend en Loos Stands For (Abstract only) (free fulltext)
  • André Nollkaemper,
    The Duality of Direct Effect of International Law (abstract) (free fulltext)
  • Morten Rasmussen,
    Revolutionizing European Law: A History of the Van Gend en Loos Judgment (Abstract only) (free fulltext)
  • Francesca Martines,
    Direct Effect of International Agreements of the European Union (abstract) (free fulltext)
  • Sophie Robin-Olivier,
    The Evolution of Direct Effect in the EU: Stocktaking, Problems, Projections (Abstract only) (free fulltext)
  • Hélène Ruiz Fabri,
    Is There a Case - Legally and Politically - for Direct Effect of WTO Obligations? (abstract) (free fulltext)
  • Jan Komárek,
    Waiting for the Existential Revolution in Europe (Abstract only) (free fulltext)
  • Michel Rosenfeld,
    Is Global Constitutionalism Meaningful or Desirable? (abstract) (free fulltext)

Roaming Charges

  • Moments of Dignity: Prepping for the Prewedding Photograph, Peking (free fulltext)

EJIL : Debate!

  • Dia Anagnostou, Alina Mungiu-Pippidi,
    Domestic Implementation of Human Rights Judgments in Europe: Legal Infrastructure and Government Effectiveness Matter (abstract)
  • Erik Voeten,
    Domestic Implementation of European Court of Human Rights Judgments: Legal Infrastructure and Government Effectiveness Matter: A Reply to Dia Anagnostou and Alina Mungiu-Pippidi (abstract)

Critical Review of International Governance

A Life's Work

  • Heiko Meiertöns,
    An International Lawyer in Democracy and Dictatorship - Re-Introducing Herbert Kraus (abstract)

Book Review Symposium

  • Alexandra Kemmerer,
    Towards a Global History of International Law? Editor's Note (free fulltext)
  • Rose Parfitt,
    The Spectre of Sources (free fulltext)
  • Stefan B. Kirmse,
    Sleepy Side Alleys, Dead Ends, and the Perpetuation of Eurocentrism (free fulltext)
  • Nahed Samour,
    Is there a Role for Islamic International Law in the History of International Law? (free fulltext)
  • Will Hanley,
    Statelessness: An Invisible Theme in the History of International Law (free fulltext)
  • Anne-Charlotte Martineau,
    Overcoming Eurocentrism? Global History and the Oxford Handbook of the History of International Law (free fulltext)
  • Anne Peters, Bardo Fassbender,
    Prospects and Limits of a Global History of International Law: A Brief Rejoinder (free fulltext)

Book Reviews

The Last Page

EUI Logo NYU Logo Oxford Logo ESIL Logo