What is Good for the Administration of Justice? Considerations in Light of the Practice on Third-Party Participation
1. Introduction On 5 June 2023, the International Court of Justice (ICJ) issued the Order on the admissibility of the declarations of intervention in the Ukraine v Russia case.[1] Interestingly, the expression ‘good administration of justice’ comes up repeatedly in the Order, mainly as a potential limit to the admission of such interventions.[2] The Court...
A Rush to Judgment? The Wobbly Bridge from Judicial Standing to Intervention in ICJ Proceedings
1. Introduction The present article aims to briefly connect two procedural questions that loomed large at two academic events in May 2023. In the first, the authors in this symposium convened for a warm and friendly discussion at the University of Bologna.[1] Among other stimulating questions, participants debated the relationship between, on the one hand,...
Third-party participation in international adjudication: recent trends and ongoing issues
Introduced by Gian Maria Farnelli and Alessandra Sardu The possibility for States other than the disputing parties to participate in a given international dispute has been regulated by Statutes and rules of procedure of international courts and tribunals ever since the 1907 First Hague Convention for the Pacific Settlement of International Disputes. Article 84 of...
Zoom In / ‘There is great chaos under heaven’ but the situation does not seem ‘excellent’ at all. A reassessment of the Taiwan question, from statehood to the rules on the use of force
Adjusting the focus on the Taiwan question: Some comments following up Tarcisio Gazzini’s and Matthias Hartwig’s ‘zooming in’
1. Introduction Let me clarify from the outset what the purpose of this short contribution is. The quite divergent views put forward by Tarcisio Gazzini and Matthias Hartwig in QIL earlier this year[1] intrigued me: it is true, on the one hand, that the ambiguity surrounding the Taiwan question is such that it does leave...
International law and the ‘Crimean conundrum’: legal issues arising from the 2014 Russia/Ukraine crisis / The war in Ukraine: An ongoing debate
Article 11 of the Italian Constitution and the war in Ukraine: The constant dialogue between Constitutional and International Law
1. Introduction Article 11 of the Italian Constitution (hereinafter ‘Article 11’) has always been at the core of an extensive and multifaceted doctrinal debate. This debate has evolved alongside a range of interpretive proposals put forward by both the political system and civil society, spanning the different historical phases since the establishment of the Republic...
International law and the ‘Crimean conundrum’: legal issues arising from the 2014 Russia/Ukraine crisis / The war in Ukraine: An ongoing debate
The provision of belligerent materials in the Russia-Ukraine conflict: Beyond the law of neutrality?
1. Introduction One of the distinctive features of the Ukrainian-Russian armed conflict is the open provision of lethal war materials, and eventually intelligence,[1] to Ukraine. This support has been provided by around 30 States, including a large majority of the EU Member States, plus Albania, Australia, Canada, North Macedonia, Turkey, United Kingdom, and the USA,[2]...
The war in Ukraine: An ongoing debate
Introduced by Maurizio Arcari and Beatrice Bonafé More than one year after the launching of the Russian ‘special military operation’ in Ukraine, plans for bringing the conflict to an end remain largely conjectural. Almost to mark the anniversary of this catastrophic war, on 23 February 2023 the General Assembly generously attempted to cope with the...
Zoom In / ‘There is great chaos under heaven’ but the situation does not seem ‘excellent’ at all. A reassessment of the Taiwan question, from statehood to the rules on the use of force
The Relationship between the People’s Republic of China and Taiwan from the perspective of international law: How many Chinas exist in international law?
1. The status quo of the relationship between mainland China and Taiwan 1.1. Historical developments until 1971 While after the armed attack by Russia a terrible war is raging in Ukraine, Western politicians time and again give warnings that Taiwan[1] may suffer the same fate if the West does not take a firm stance against...
Zoom In / ‘There is great chaos under heaven’ but the situation does not seem ‘excellent’ at all. A reassessment of the Taiwan question, from statehood to the rules on the use of force
Statehood in troubled waters: The international status of the Republic of China and the rules on the use of force
1. Introduction The blatant aggression of Ukraine by the Russian Federation has exacerbated the already intractable question of the Republic of China (RoC)[1] and made more palpable the risk of a military intervention by the People’s Republic of China (PRC).[2] Given the contempt for the most fundamental international rules demonstrated by the Russian Federation, but...
‘There is great chaos under heaven’ but the situation does not seem ‘excellent’ at all. A reassessment of the Taiwan question, from statehood to the rules on the use of force
Introduced by Marco Pertile In recent months, the question of Taiwan’s status has been back on the forefront of public debate for various political and legal reasons. However arbitrary it always is to distinguish between the legal and political dimensions of an international affair, there is no doubt that the renewed concerns surrounding...
The ICJ’s first determination of war reparations: Practical challenges and legal solutions
Introduced by Béatrice Bonafé On 9 February 2022, the International Court of Justice (‘ICJ’ or ‘the Court’) adopted the judgment that put an end to the Armed Activities on the Territory of the Congo case. The proceedings between the Democratic Republic of the Congo and Uganda had been instituted more than 20 years before....
