Party Status to Armed Conflict – EJIL: Talk! – Go Health Pro

Party Status to Armed Conflict – EJIL: Talk! – Go Health Pro

The following comments are offered from the perspective of a government lawyer but very much on a personal basis; they do not necessarily represent the views of the UK Government.

The relationship between academic scholarship and the practical application of international law by States and other actors has always been a close, indeed a symbiotic, one.  After all, the analysis and study of international law is to a very large extent focused on what States and others say and do – or should say and do – whilst legal scholarship has always provided an essential resource tool for the practitioner and indeed a subsidiary source of law itself.

That said it is still remarkable to find a work of scholarship which, given when Dr Alex Wentker started his research, has proved so prescient in addressing a topic which has become of current and real importance to the international community and which equally provides, through a rigorous examination of key concepts, practical criteria for determining when actors become co-parties to an armed conflict. The sober title Party Status to Armed Conflict in International Law might not be one to grab the immediate attention of a hard-pressed government official or diplomat but the heading of last year’s Chatham House paper Joining In Wars – in whose drafting and elaboration Alex played a central role – emphasises the political, military and diplomatic, as well as legal, significance of the issues at the heart of his book.

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Party Status to Armed Conflict in International Law: Author’s Response – Go Health Pro

Party Status to Armed Conflict in International Law: Author’s Response – Go Health Pro

I am very grateful to Marko, Ashley, Philippa, and Paul for their thoughtful contributions. I greatly appreciate their thorough engagement with my work. To conclude the symposium, I will react to a few key themes raised by their comments. Political and legal implications I opened this symposium by noting that party status is a legal … Read more

Party Status to Armed Conflict in International Law: An Overview – Go Health Pro

Party Status to Armed Conflict in International Law: Author’s Response – Go Health Pro

Introduction Russia’s war of aggression has sparked intense public debates about whether and how to support Ukraine across many Western States over the past three years. These debates capture the heart of why I wrote this book and why I believe it needed to be written. From the early days of the war, Western States … Read more

Società Italiana Lastre. The CJEU (once again ignoring renvoi nb) in strong support for party autonomy, holds the validity of asymmetric choice of court IS covered by Brussels Ia and, in principle, valid provided it be limited to EU or Lugano States courts. – Go Health Pro

Società Italiana Lastre. The CJEU (once again ignoring renvoi nb) in strong support for party autonomy, holds the validity of asymmetric choice of court IS covered by Brussels Ia and, in principle, valid provided it be limited to EU or Lugano States courts. – Go Health Pro

Background to Case C-537/23 Società Italiana Lastre SpA (SIL) v Agora SARL, in which the CJEU held yesterday, is here. The choice of court clause that is the subject of the proceedings reads the court of Brescia [(Italy)] will have jurisdiction over any dispute arising from or related to this contract. [SIL] reserves the right to bring … Read more

A Journalist’s Guide to Reporting on Information Illegally Obtained by a Third Party – Go Health Pro

A Journalist’s Guide to Reporting on Information Illegally Obtained by a Third Party – Go Health Pro

I. Introduction Some of the most difficult legal and constitutional questions regarding press freedom in the United States center around reporting based on material or information acquired by a third party illegally. And, while the high-level legal framework governing the publication of material illegally obtained by another person is clear, the details of individual cases … Read more