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. 23 (2012) No. 4

Editorial

Slouching towards the Cool War; Catalonian Independence and the European Union; Roll of Honour; In this Issue; A Personal Statement

Articles

Jens David Ohlin,
Nash Equilibrium and International Law (Jens David Ohlin abstract)
Mark Neocleous,
International Law as Primitive Accumulation; Or, the Secret of Systematic Colonization (Mark Neocleous abstract)

Critical Review of International Governance

Laurence Boisson de Chazournes, Edouard Fromageau,
Balancing the Scales: The World Bank Sanctions Process and Access to Remedies (Edouard Fromageau abstract)
Arman Sarvarian,
Common Ethical Standards for Counsel before the European Court of Justice and European Court of Human Rights (Arman Sarvarian abstract)

Critical Review of International Jurisprudence

Juliane Kokott, Christoph Sobotta,
The Kadi Case - Constitutional Core Values and International Law - Finding the Balance? (Christoph Sobotta abstract) (free fulltext)

Roaming Charges: Places of Kitsch: Orlando California

Roaming Charges: Places of Kitsch: Orlando California

Realizing Utopia: Reflections on Antonio Cassese's Vision of International law

Realizing Utopia: Reflections on Antonio Cassese's Vision of International Law
JHHW,
Antonio Cassese: Head in the Clouds, Feet on the Ground
Marko Milanovic,
On Realistic Utopias and Other Oxymorons: An Essay on Antonio Cassese's Last Book (Marko Milanovic abstract)
Hélène Ruiz Fabri,
Enhancing the Rhetoric of Jus Cogens (Hélène Ruiz Fabri abstract)
Pierre-Marie Dupuy,
Back to the Future of a Multilateral Dimension of the Law of State Responsibility for Breaches of 'Obligations Owed to the International Community as a Whole' (Pierre-Marie Dupuy abstract)
Iain Scobbie,
'All right, Mr. DeMille, I'm ready for my close-up': Some Critical Reflections on Professor Cassese's 'The International Court of Justice: It is High Time to Restyle the Respected Old Lady' (Iain Scobbie abstract)
Philip Alston, Colin Gillespie,
Global Human Rights Monitoring, New Technologies, and the Politics of Information (Colin Gillespie abstract)
Francesco Francioni,
From Utopia to Disenchantment: The Ill Fate of 'Moderate Monism' in the ICJ judgment on The Jurisdictional Immunities of the State (Francesco Francioni abstract)
Orna Ben-Naftali,
Sentiment, Sense and Sensibility in the Genesis of Utopian Traditions (Orna Ben-Naftali abstract)
Isabel Feichtner,
Realizing Utopia through the Practice of International Law (Isabel Feichtner abstract)

Impressions

B.S. Chimni,
The Self, Modern Civilization, and International Law: Learning from Mohandas Karamchand Gandhi's Hind Swaraj or Indian Home Rule (B.S. Chimni abstract)

Book Reviews

Jean Ziegler, Christophe Golay, Claire Mahon and Sally-Ann Way. The Fight for the Right to Food. Lessons Learned Olivier de Schutter and Kaitlin Cordes (eds). Accounting for Hunger. The Right to Food in the Era of Globalization Otto Hospes and Irene Hadiprayitno (eds). Governing Food Security. Law, Politics and the Right to Food Lidija Knuth and Margret Vidar. Constitutional and Legal Protection of the Right to Food around the World (Hans Morten HaugenFree fulltext)
Brad R. Roth. Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order (Rose ParfittFree fulltext)
Ronen Steinke. The Politics of International Criminal Justice (Alexandra KemmererFree fulltext)
Paul Christoph Bornkamm. Rwanda's Gacaca Courts. Between Retribution and Reparation (Gerd HankelFree fulltext)
Annelise Riles. Collateral Knowledge: Legal Reasoning in the Global Financial Markets (Fleur JohnsFree fulltext)