Research & publications 2019

Tom Ruys
Research
15-03-19
Conference on 'military assistance on request'

Call for abstracts

At the conference, separate expert panels will be devoted to the ‘authority’ to invite outside intervention, on the one hand, and the permissibility of third-State intervention in situations of civil war, on the other hand. In addition, the organizers are inviting promising scholars in an earlier stage of their academic career to submit an abstract for a dedicated ‘emerging voices’ panel.

Possible topics may include, but are not limited to:

  • the link between intervention by invitation and ‘consent’ as a ground precluding wrongfulness under the law of international responsibility;
  • the impact of the complicity regime under the law of international responsibility;
  • the permissibility of military assistance on request in the pre-Charter era (in particular in 19th-century legal doctrine);
  • the distinction between direct and indirect military assistance;
  • the permissibility of so-called ‘non-lethal assistance’ under international law;
  • military assistance on request in the cyber-sphere;
  • the doctrine of counter-intervention and its relationship to collective self-defence

Abstracts are due by 15 March 2019 and should be accompanied by a brief curriculum. Applicants will be informed of the outcome by 15 April 2019, while full papers are due by 15 November 2019. Subject to the usual peer review, the papers presented at the conference will be published as part of a special issue of the Journal on the Use of Force and International Law.

For more information, including possible travel and accomodation funding, see the attached PDF file.

Tom Ruys
Publication
10-02-19
THE ROLE OF STATE IMMUNITY AND ACT OF STATE IN THE NM CHERRY BLOSSOM CASE AND THE WESTERN SAHARA DISPUTE

(2019) 68 International and Comparative Law Quarterly, pp. 67-90

In early 2018, the Polisario Front and the Saharawi Arab Democratic Republic (SADR) obtained a favourable ruling from the South African Courts, granting the SADR ownership over a cargo of phosphate aboard the NM Cherry Blossom originating from a mine in the Moroccan-controlled part of the Western Sahara. Although hitherto largely unnoticed in legal circles, the Cherry Blossom case raises important questions concerning the outer bounds of State immunity and the scope of the act of State doctrine. In addition, the case holds potentially far-reaching ramifications for the international legal order if other domestic courts were to follow suit.

Alexandra Hofer
Publication
02-01-19
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): Request for the Indication of Provisional Measures (I.C.J.)

(2018) 57(6) International Legal Materials pp. 973-1030

On July 23, 2018, the International Court of Justice (ICJ or Court) issued its Order on Qatar's request for provisional measures in the Qatar v. United Arab Emirates (UAE) case in which Qatar claims the UAE is responsible for violating the Convention on the Elimination of All Forms of Racial Discrimination (CERD or the Convention). The Court has previously ordered provisional measures under CERD in the context of the Ukraine v. Russia case and in the Georgia v. Russia proceedings. As is already apparent in the Order and the dissenting and separate opinions, the Qatar v. UAE case raises important issues pertaining to the interpretation of racial discrimination on the basis of “national origin” under Article 1(1) CERD as well as to the reading of the procedural conditions under Article 22 CERD.

Gert Vermeulen Ellen Desmet
Publication
13-02-19
Essential Texts on European and International Asylum and Migration Law and Policy

This volume comprises the relevant legal instruments and principal policy documents in the area of international and European asylum and migration, including the latest versions of pending legislative proposals.

The range of issues covered is comprehensive: human rights; nationality and statelessness; equal treatment, non-discrimination, racism and xenophobia; citizenship, residence and free movement; borders, border management and entry; visa and passenger data; labour migration; family reunification; asylum, subsidiary and temporary protection; irregular migration; and trafficking in human beings.

The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either the United Nations, the Council of Europe or the European Union (including Schengen-level instruments).

This edition provides practitioners, authorities, policy makers, scholars and students throughout Europe with an accurate, up-to-date and forward-looking compilation of essential texts on asylum and migration matters.

All texts have been updated until 20 December 2018.

An Cliquet & Kris Decleer
Publication
05-03-19
Linking Restoration Science and Law

Cliquet, A & Decleer K, Linking Restoration Science and Law, in B. Richardson & A. Akhtar-Khavari (eds.), Ecological Restoration Law: Concepts and Case Studies, Routledge, 2019.

Charalampos Paliogiannis, Nico Koedam & An Cliquet
Publication
05-03-19
The impact of the economic crisis on the implementation of the EU Nature Directives in Greece

Charalampos Paliogiannis, Nico Koedam & An Cliquet, The impact of the economic crisis on the implementation of the EU Nature Directives in Greece: an expert-based view, Journal for Nature Conservation, Volume 48, 2019, Pages 36-46.