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Journal ArticleDOI

The Current Political Discourse Concerning International Law

James Crawford
- 01 Jan 2018 - 
- Vol. 81, Iss: 1, pp 1-22
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TLDR
In this paper, the authors examine three recent high profile examples of the law of withdrawal from international treaties: Brexit, South Africa's purported withdrawal from the Rome Statute, and the United States' announced departure from the Paris Agreement.
Abstract
Reading current statements of world leaders on subjects relevant to international law is liable to cause confusion, even distress to those for whom the 1945 regulatory arrangements, as completed in the post‐Cold War era, have become the norm. On occasions international law is invoked, but in what seems an increasingly antagonistic way, amounting often to a dialogue of the deaf. At other times it is apparently or even transparently ignored. This touches many of the arrangements governments spent the preceding period seeking to establish. Is there a pattern to all this, and how should we respond? How susceptible is the edifice of international law to such rhetoric? These issues are examined in the context of the law of withdrawal from treaties. Three recent high profile examples are examined: Brexit, South Africa's purported withdrawal from the Rome Statute, and the United States’ announced withdrawal from the Paris Agreement.

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Backlash against international courts: explaining the forms and patterns of resistance to international courts

TL;DR: In this paper, the authors investigated and theorised different forms and patterns of resistance to international courts and developed an analytical framework for explaining their variability, including pushback from individual Member States or other actors seeking to influence the future direction of a court's case-law, and actual backlash.
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Backlash Against International Courts: Explaining the Forms and Patterns of Resistance to International Courts

TL;DR: In this article, the authors investigated and theorised different forms and patterns of resistance to international courts and developed an analytical framework for explaining their variability, and provided a roadmap for empirical studies of resistance against international courts.
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Legal resilience in an era of grey zone conflicts and hybrid threats

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International criminal justice in an age of perpetual crisis

TL;DR: Even from the abyss of horror in which we try to feel our way today, half blind, our hearts distraught and shattered, I look up again and again to the ancient constellations that shone on my childhood, comforting myself with the inherited confidence that, some day, this relapse will appear only an interval in the eternal rhythm of progress onward and upward as discussed by the authors.
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Equilibrium & Fragmentation in the International Rule of Law: The Rising Chinese Geolegal Order

TL;DR: This paper introduced the concept of geo-legal power to describe the competitive logic of a territorially bounded leading state restructuring interpretation and development of legal rules and institutions, which is emerging more explicitly within regional subsystems.
References
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Kyoto Protocol to the United Nations Framework Convention on Climate Change

Unfccc
TL;DR: This informal consolidated text of the Kyoto Protocol incorporates the Amendment adopted at the eighth session of the Conference of the Parties serving as the meeting of the parties to Kyoto Protocol (Doha Amendment).
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The United Nations Framework Convention on Climate Change

TL;DR: In accordance with decision 9/2 of the Intergovernmental Negotiating Committee of the Framework Convention on Climate Change (INC/FCCC) and endorsed by the Conference of the Parties in its decision, 3/CP.1 (FCCC/CP/1995/7/Add.1), the secretariat is to make available, in the official languages of the United Nations, the executive summaries of the national communications submitted by Annex I Parties.
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Maritime delimitation in the indian ocean

TL;DR: In this article, the International Court of Justice (ICJ or Court) delivered a judgment rejecting preliminary objections to its jurisdiction in Maritime Delimitation in the Indian Ocean, where the underlying contentious case between Somalia and Kenya concerns the establishment of a single maritime boundary between the two states.