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. 24 (2013) No. 4

Editorial

JHHW,
Crime and Punishment: The Reification and Deification of the State (A Footnote to the Syria Debate); House-keeping: Anonymity; In this Issue (free fulltext)

Articles

Andrew Guzman,
International Organizations and the Frankenstein Problem (Andrew Guzman abstract)
Geraldo Vidigal,
From Bilateral to Multilateral Law-making: Legislation, Practice, Evolution and the Future of Inter Se Agreements in the WTO (Geraldo Vidigal abstract)

Symposium: The International Law Commission’s Guide to Practice on Reservations to Treaties

Marko Milanovic, Linos-Alexander Sicilianos,
Reservations to Treaties: An Introduction (free fulltext)
Alain Pellet,
The ILC Guide to Practice on Reservations to Treaties: A General Presentation by the Special Rapporteur (Alain Pellet abstract)
Michael Wood,
Institutional Aspects of the Guide to Practice on Reservations (Michael Wood abstract)
Daniel Müller,
Reservations and Time: Is There Only One Right Moment to Formulate and to React to Reservations? (Daniel Müller abstract)
Ineta Ziemele, Lasma Liede,
Reservations to Human Rights Treaties: From Draft Guideline 3.1.12 to Guideline 3.1.5.6 (Lasma Liede abstract)

Roaming Charges

Roaming Charges: Places of Destruction and Rebirth: A Remnant of the Krakow Ghetto Wall (free fulltext)

EJIL : Debate!

Andrew Williams,
The European Convention on Human Rights, the EU and the UK: Confronting a Heresy (Andrew Williams abstract) (free fulltext)
Stelios Andreadakis,
The European Convention on Human Rights, the EU and the UK: Confronting a Heresy: A Reply to Andrew Williams (Stelios Andreadakis abstract) (free fulltext)

EJIL : Debate!

Rosa Raffaelli,
Horizontal Review between International Organizations: A Reply to Abigail C. Deshman (Rosa Raffaelli abstract)
Abigail C. Deshman,
Horizontal Review between International Organizations: A Rejoinder to Rosa Raffaelli

Critical Review of International Governance

Gurdial Singh Nijar,
Traditional Knowledge Systems, International Law and National Challenges: Marginalization or Emancipation? (Gurdial Singh Nijar abstract)

Review Essay

Christian Djeffal,
Commentaries on the Law of Treaties: A Review Essay Reflecting on the Genre of Commentaries (Christian Djeffal abstract)

Book Reviews

Duncan B. Hollis (ed.). The Oxford Guide To Treaties (Tim StaalFree fulltext)
Jean L. Cohen. Globalization and Sovereignty. Rethinking Legality, Legitimacy and Constitutionalism (Gráinne de BúrcaFree fulltext)
Sari Kuovo, Zoe Pearson (eds). Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance? , Gina Heathcote. The Law on the Use of Force: A Feminist Analysis (Loveday HodsonFree fulltext)
John Harrington, Maria Stuttaford (eds). Global Health and Human Rights: Legal and Philosophical Perspectives , John Tobin. The Right to Health in International Law (Erika GeorgeFree fulltext)
Panos Koutrakos. The EU Common Security and Defence Policy (Julia SchmidtFree fulltext)