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Cultural heritage and the Security Council: Why Resolution 2347 matters

1. Introductory remarks Having determined, in accordance with Article 39 of the UN Charter, that the ‘unlawful destruction of cultural heritage, and the looting and smuggling of cultural property in the event of armed conflicts’ constitute a threat to international peace and security, the UN Security Council unanimously adopted Resolution 2347 on 24 March 2017,...

Resolution 2347: Mainstreaming the protection of cultural heritage at the global level

1. Introduction The UN Security Council (UNSC) resolution 2347[1] has been widely lauded as ‘a historic milestone’ in the international struggle to safeguard endangered heritage,[2] reflecting a growing awareness of the importance of heritage protection for global security.[3] Indeed, this is the first resolution ever adopted by the UNSC focusing exclusively on the protection of...

The Evolving Role of the United Nations Security Council and the Protection of Cultural Heritage in the Event of Armed Conflict

Introduced by Sabrina Urbinati   On 24 March 2017, the United Nations Security Council (SC) adopted Resolution 2347 (2017)[1] (Resolution 2347). This Resolution concerns the protection of cultural heritage in the event of armed conflict and is intended to react to the hateful damage, destruction, smuggling, looting and illicit trafficking of cultural property to which...

The South China Sea Arbitration’s contribution to the concept of juridical islands

1. Introduction The Permanent Court of Arbitration case launched by the Philippines against China in 2013 presented the Arbitral Tribunal with the opportunity to answer a number of fundamental legal questions to clarify legal rights in the South China Sea and to contribute significantly to the progressive development of the law of the sea. The...

The land dominates the sea (dominates the land dominates the sea)

1. Introduction It is a truth universally acknowledged that a State with a coast can claim maritime zones. This principle has been famously stated by the International Court of Justice (ICJ) in its 1969 North Sea Continental shelf judgment, where the Court expressed the principle that ‘the land dominates the sea’.[1] Obviously, the land must...

‘No Man is an Island’, but… what is an Island?

Introduced by Andrea Caligiuri and Enrico Milano   Islands in international law are a mixed blessing. On one hand, they may significantly augment the sovereign and jurisdictional rights of States, in particular over vast amounts of marine space. On the other, they pose complex problems concerning determination of their nature, whether they are considered alone...

International Law Commission and role of subsequent practice as a means of interpretation under Articles 31 and 32 VCLT

1. Introduction Subsequent agreement and subsequent practice, as well as the method of evolutive interpretation, are vehicles of change in international law. Theoretically speaking, they can contribute to integrating a transformative process into the treaty when, as it continuously is, the international order is moving. Many of the treaties which constituted the international legal order...

Faut-il mettre la pratique dans des catégories? (à propos des travaux de la CDI sur l’interprétation des traités dans le temps)

1. Introduction Depuis quelque temps, la Commission du droit international des Nations Unies s’est fait une spécialité de dissiper les mystères qui, jusque là, faisaient le charme du droit international public: la coutume, le jus cogens, l’interprétation, bientôt peut-être les principes généraux du droit. Elle le fait selon ses méthodes de travail habituelles: approche analytique...

Subsequent practice in treaty interpretation between Article 31 and Article 32 of the Vienna Convention

Introduced by Béatrice I. Bonafé and Paolo Palchetti   In 2012 the International Law Commission started to work on ‘Subsequent agreements and subsequent practice in relation to interpretation of treaties’.  From 2013 to 2016 the Special Rapporteur, Georg Nolte, has handed down four reports where he distinguishes between ‘agreed subsequent practice’ and ‘other subsequent practice’...

The Pathology of a Legal System: Israel’s Military Justice System and International Law

‘International law is not designed to protect and grant rights to saboteurs and criminals. The defendants have no right except to stand trial in court, and be tried in accordance with the law and with the facts established by the evidence, in proceedings with the requirements of ethics and International Law…’[1]   1. Introduction Despite...

Enforcing Illegality: Israel’s Military Justice in the West Bank

1. Introduction The present article presents a critical overview of the main legal questions which arise from the Israeli military justice system in the West Bank. It commences from the inception of the system, focusing on the domestic Israeli approach to its juridical configuration and the manner in which this informed the interpretation of international...

The Israeli military justice system and international law

Introduced by Mariagiulia Giuffré, Peter Langford, Triestino Mariniello *   Military occupation exists within, and is regulated by, a substantive body of norms of international law. The questions of international law which arise from state military occupation are of enduring significance in relation to the form and extent of the legal regulation of this state...