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.
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In The Current Issue: Vol. 22 (2011) No. 4

Editorial

Articles

Critical Review of International Jurisprudence

  • Sonia Morano-Foadi, Stelios Andreadakis,
    The Convergence of the European Legal System in the Treatment of Third Country Nationals in Europe: The ECJ and ECtHR Jurisprudence (abstract)

Critical Review of International Governance

  • Abigail C. Deshman,
    Horizontal Review between International Organizations: Why, How, and Who Cares about Corporate Regulatory Capture (abstract)

Roaming Charges : Places of Worship: Piazza Duomo Milano

EJIL : Debate!

  • Roda Mushkat,
    The Dynamics of International Legal Regime Formation: The Sino-British Joint Declaration on the Question of Hong Kong Revisited (abstract)
  • Kevin Y. L. Tan,
    The Dynamics of International Legal Regime Formation: The Sino-British Joint Declaration on the Question of Hong Kong Revisited: A Reply to Roda Mushkat (abstract)
  • Roda Mushkat,
    The Dynamics of International Legal Regime Formation: The Sino-British Joint Declaration on the Question of Hong Kong Revisited: A Rejoinder to Kevin Tan (abstract)

EJIL : Debate! Doing Justice to the Political

  • Bas Schotel,
    Doing Justice to the Political. The International Criminal Court in Uganda and Sudan: A Reply to Sarah Nouwen and Wouter Werner (abstract)
  • Sarah M. H. Nouwen, Wouter G. Werner,
    Doing Justice to the Political: The International Criminal Court in Uganda and Sudan: A Rejoinder to Bas Schotel (abstract)

Impressions

Book Reviews

Briefly Noted

  • Alexandra Kemmerer,
    Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, Christoph Vedder (eds). From Bilateralism to Community Interest. Essays in Honour of Judge Bruno Simma (abstract) (free fulltext)

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