Episode 15: Now or Never, Or Maybe Later: The Use of Force to Recover an Occupied Territory
EJIL: The Podcast!23 Maalis 2022

Episode 15: Now or Never, Or Maybe Later: The Use of Force to Recover an Occupied Territory

This episode accompanies the launching of a new rubric in the European Journal of International Law – Legal/Illegal. The first installment of Legal/Illegal, which appears in issue 32(4), focuses on the question whether the use of force by a state to recover a territory that has been occupied for many years may be considered a lawful act of self-defence. In the Podcast, Michal Saliternik interviews the authors of this section: Tom Ruys and Felipe Rodriguez Silvestre on the illegal side, and Dapo Akande and Antonios Tzanakopoulos on the legal side. Beginning with the second Nagorno-Karabakh war, passing through the conflicts over the Falkland Islands, the Golan Heights, Northern Cyprus, and the Chagos Islands, and concluding with the Russian occupation of Ukrainian territories, they discuss the compatibility of forcible recovery of an occupied territory with the self-defence immediacy and necessity requirements as well as with the obligation to settle territorial disputes through peaceful means. They also discuss questions of justice and fairness, both towards the conflicting states and towards the inhabitants of the occupied territory.

Jaksot(40)

Episode 24: The Third World: At the Centre of International Law?

Episode 24: The Third World: At the Centre of International Law?

Does the decision of the International Court of Justice with respect to Gaza illustrate the influence of Third World Approaches to International Law (TWAIL)? Has TWAIL perhaps become ‘mainstream’? And...

28 Helmi 202443min

Episode 23: Unhappy New Year! Genocide in the Courtroom

Episode 23: Unhappy New Year! Genocide in the Courtroom

In this episode, Dapo Akande, Marko Milanovic and Philippa Webb, joined by Mike Becker, discuss the oral hearings before the International Court of Justice on provisional measures in the South Africa ...

15 Tammi 202455min

Episode 22: Organizing International Organizations

Episode 22: Organizing International Organizations

International organizations are often expected to solve problems that states cannot or do not solve. But how should we understand international organizations? Marking the year-long symposium ‘Hidden G...

30 Marras 202326min

Episode 21: The ICC’s Other Africa Bias?

Episode 21: The ICC’s Other Africa Bias?

The International Criminal Court has been frequently accused of a bias against Africa in that all its defendants thus far have been from Africa. But might the ICC suffer from another bias that disadva...

25 Syys 202329min

Episode 20: Disordering International Law

Episode 20: Disordering International Law

Much of international law is about ordering. But in her article in issue 33(3) of the European Journal of International Law, Michelle Staggs Kelsall calls for the disordering of international law. Thi...

6 Huhti 202330min

Episode 19: From Russia with War: Part Deux

Episode 19: From Russia with War: Part Deux

In this episode Marko Milanovic, Dapo Akande and Philippa Webb are joined by Oona Hathaway (Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School) to discuss big legal ...

24 Maalis 20231h 2min

Episode 18: Be Careful What You Ask For

Episode 18: Be Careful What You Ask For

In this episode Dapo Akande, Marko Milanovic and Philippa Webb are joined by Philippe Sands and Margaretha Wewerinke-Singh. They reflect on the role and significance of advisory opinions by internatio...

28 Helmi 202350min

Episode 17: What’s wrong with the international law on jurisdiction?

Episode 17: What’s wrong with the international law on jurisdiction?

What conduct occurring where are states allowed to regulate? The international law on jurisdiction provides part of the answer. But international lawyers use different images when conceptualising the ...

4 Loka 202237min

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