Jus Cogens - The International Law Podcast

This instalment of Jus Cogens is part of a series of conversations on the governance of data, Artificial Intelligence and the digital age.

In this episode, Omer Akif speaks with Anokhy Desai about AI governance and the usage of model cards by organizations to bring transparency to their AI models and explain how they actually work.

Sources:

https://iapp.org/news/a/5-things-to-know-about-ai-model-cards/

Correction in the Episode:

Anokhy's Westin Fellowship at the IAPP was 1 year (not 2 years) long.

In Episode 44, Shayan Ahmed Khan is joined by Viren Mascarenhas to have an in-depth discussion on the Advisory Opinion on Climate Change and International Law pending before the International Tribunal for the Law of the Sea. The discussion also touches upon the pending advisory opinions before the International Court of Justice and the Inter-American Court of Human Rights.

Sources:

https://www.ohchr.org/sites/default/files/documents/issues/environment/srenvironment/activities/AmicusBrief-SRsto-ITLOS_May302023.pdf

https://www.itlos.org/en/main/cases/list-of-cases/request-for-an-advisory-opinion-submitted-by-the-commission-of-small-island-states-on-climate-change-and-international-law-request-for-advisory-opinion-submitted-to-the-tribunal/

In Episode 43, Shayan Ahmed Khan is joined by Prof. Anu Bradford to discuss her upcoming book "Digital Empires: The Global Battle to Regulate Technology".

The book explores the intensifying global battle among the three dominant digital powers - the United States, China, and the European Union. In particular, it discusses how these regimes are racing to regulate tech companies, advancing a competing vision for the digital economy and attempting to expand their spheres of influence in the digital world.

Sources:

https://global.oup.com/academic/product/digital-empires-9780197649268?cc=us&lang=ennn&#:~:text=The%20global%20battle%20among%20the,influence%20in%20the%20digital%20world.

In Episode 42, Shayan Ahmed Khan is joined by Christian Tams and Eran Sthoeger to discuss their article: “Swords, Shields and Other Beasts: The Role of Countermeasures in Investment Arbitration” published in the ICSID Review’s Special Issue on the 20th Anniversary of the Draft Articles on Responsibility of States for Internationally Wrongful Acts.

Sources:

https://academic.oup.com/icsidreview/article-abstract/37/1-2/121/6609033?redirectedFrom=fulltext

This Friday 4th November 2022, the United Nations General Assembly and the United Nations Security Council will elect a candidate to serve the remainder of the nine-year term that had been held by the late Judge Cançado Trindade at the International Court of Justice.  

In this special feature short , Shayan Ahmed Khan is joined by Marcelo Kohen to discuss his candidacy & vision for the ICJ.

In Ep 40 Shayan Ahmed speaks with Daniel Stewart, Executive Director of @IndependentILA, on the work of the organization. 

IILA was founded in 2017 and has been engaged in providing PIL in-house counsel for small and developing countries. https://independentila.org/

In this episode, we talk to Stefan Ziegler - a humanitarian practitioner, lecturer, and filmmaker about his diverse career experiences and his latest documentary film 'Broken - A Palestinian Journey Through International Law' - https://broken-the-film.com/ -  

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This episode features a discussion with Dr. Ntina Tzouvala, trailblazing international law scholar, historian, and author, renowned for her groundbreaking book "Capitalism as Civilisation: A History of International Law. We explore her personal story, approach towards international law, and views on the role of critical scholarship in international law.

Ntina's Twitter: @ntinatzouvala

Material Referenced in the Episode:

Book - Capitalism as Civilisation by Ntina Tzouvala (https://www.cambridge.org/core/books/capitalism-as-civilisation/F66ABF447B13A75739D4644A8674EAD9)

Book - Guano and the Opening of the Pacific World (https://www.cambridge.org/core/books/guano-and-the-opening-of-the-pacific-world/D0713743C3D7F36BFF2B4628D1D9EE69)

You can also audio stream our podcast on the following platforms:

YouTube: https://www.youtube.com/c/JusCogensPodcast

Our Socials:

Twitter: @JCLawPodcast

Blog:   https://juscogens.law.blog/

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In this episode, the brilliant Dapo Akane joins Jus Cogens for an all-round chat on the UN International Law Commission. We explore the role & function of the ILC and discuss some key issues that its work focuses on. It also features Professor's Akande elevator pitch for the upcoming election of the members of the ILC where he has been nominated as a candidate by 5 countries.   

Material Referenced in the Episode: 

Article - Implications of the Diversity of the Rules on the Use of Force for Change in the Law. https://academic.oup.com/ejil/article/32/2/679/6324073  

Panel Discussion - Implications of the Diversity of the Rules on the Use of Force for Change in the Law by American Society of International Law https://www.youtube.com/watch?v=lhKJZpEM73s  

You can also audio stream our podcast on the following platforms:  

YouTube: https://www.youtube.com/c/JusCogensPodcast

Our Socials: 

Twitter: @JCLawPodcast​ 

Blog:   https://juscogens.law.blog/​

Facebook:  https://www.facebook.com/JCLawPodcast​

In this episode, we are joined by Niko Pavlopolous, Teaching Fellow at the University College London, to explore and provide an account of the international legal framework applicable to the identity of state governments under international law. The discussion seeks to place particular emphasis on the practical application of this framework by discussing the prevailing situations in Myanmar and Venezuela.  

Article Referenced: http://opiniojuris.org/2019/07/18/recognition-of-governments-legitimacy-and-control-six-months-after-guaido/ 

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In this two-part series, a star panel of Liesbeth Lijnzaad, Sean Murphy, and Jean-Marie Henckaerts explore the theory and practice of treaty interpretation, understand the role of commentaries and shed light on the methodology behind drafting ICRC’s updated Commentaries to the 1949 Geneva Conventions and their additional protocols.  

The updated Commentaries are being published online by the ICRC and in print by CUP. So far three commentaries have been published. 

 For each Commentary, a summary article has been written in the International Review of the Red Cross:  

Summary article GC I https://international-review.icrc.org/articles/updated-commentary-first-geneva-convention-new-tool-generating-respect-international 

Summary article GC II https://international-review.icrc.org/articles/updated-icrc-commentary-second-geneva-convention-demystifying-law-armed-conflict-sea 

Summary article GC III https://international-review.icrc.org/articles/updated-icrc-commentary-third-geneva-convention-prisoners-war-twenty-first-century-913 

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• Audio Stream on Anchor. FM:  https://anchor.fm/jus-cogens-podcast

In conversation with Dr. Agnieszka Jachec-Neale, a lecturer and expert researcher at Exeter Law School, this episode explores the concept of an 'Attack' under international law (specifically IHL) in the broader context of the Ntaganda case at the International Criminal Court. Dr. Neale submitted an amicus curiae brief to the ICC in the Ntaganda case, making certain observations on the meaning of the term ‘attack’ and issues associated with it. The amicus brief can be accessed via this link https://www.icccpi.int/CourtRecords/CR2020_05316.PDF 

Jus Cogens socials:  

• Website/Blog:   https://juscogens.law.blog/

• Facebook Page:  https://www.facebook.com/JCLawPodcast

• Twitter: https://twitter.com/JCLawPodcast

• Instagram: https://www.instagram.com/JCLawPodcast/

• Audio Stream on Anchor. FM:  https://anchor.fm/jus-cogens-podcast

In this episode, we talk to Mohit Khubchandani, Kritika Sharma and Claire O'Connell about the International Court of Justice's Judicial Fellowship Program. They talk to us about their experiences with applying, and about their time at the Court.

In our 17th episode, we talk to 4 young, dynamic individuals and former fellows at the International Court of Justice - Amir Farhadi, Beatrice Walton, Camila Mariño Venegas and Shashank P. Kumar. They chat with us about the Court's fellowship program, the application period and their experiences.

In this episode, Prof. Charles Jalloh joins us to deconstruct and dissect the Draft Convention on Crimes Against Humanity. The conversation is based around Prof. Jalloh's analysis in his article "The International Law Commission’s First Draft Convention on Crimes Against Humanity: Codification, Progressive Development, or Both?: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3620370

In this episode, Anna Ventouratou from Oxford Law joins us to discuss the ins and outs of defences and indispensable incidental issues under international adjudication.  Anna's article: https://www.ejiltalk.org/defences-and-indispensable-incidental-issues-the-limits-of-subject-matter-jurisdiction-in-view-of-the-recent-icj-icao-council-judgments/

In this edition of the Jus Cogens Podcast, we revisit basic assumptions and conceptual foundations of customary international law as it develops and applies. Professor Monica Hakimi of Michigan Law presents her case to let go of the rulebook theory of understanding CIL through her article "Making Sense of Customary International Law", published in the Michigan Law Review and later debated during Opinio Juris's Customary International Law Symposium.  Link to Opinio Juris Symposium: http://opiniojuris.org/2020/07/06/symposium-on-hakimis-making-sense-of-customary-international-law/ Link to Professor Hakimi's Article :https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3627905

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This week Dr. Emma Irving joins me on Jus Cogens to discuss hate speech and incitement on social media and the role of international accountability mechanisms in light of OHCHR commissioned Independent International Fact-Finding Mission on Myanmar. The report establishes the facts and circumstances of the alleged recent human rights violations by military and security forces, and abuses, in Myanmar.

Dr. Emma Irving's article on Opinio Juris, "‘The Role of Social Media is Significant’: Facebook and the Fact Finding Mission on Myanmar"
http://opiniojuris.org/2018/09/07/the-role-of-social-media-is-significant-facebook-and-the-fact-finding-mission-on-myanmar/

United Nations Human Rights Council Independent International Fact-Finding Mission's Report on Myanmar
"https://www.ohchr.org/EN/HRBodies/HRC/MyanmarFFM/Pages/ReportoftheMyanmarFFM.aspx"

Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya

This week, we are joined by Professor Adil Haque from Rutgers Law to discuss the role of morality in interpreting and revisiting the law of armed conflict. We dissect Chapter 2 of Prof Haque's book "Law and Morality at War"  

Link to the chapter : https://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199687398.001.0001/acprof-9780199687398-chapter-2  https://twitter.com/JCLawPodcast https://soundcloud.com/juscogens https://www.facebook.com/JCLawPodcast/ https://www.linkedin.com/company/65443775