Is Kosovo a Country? (Part II)

By Samuel Lindsay INDEPENDENCE Having established in Part I that Kosovo satisfies the classic criteria for statehood in the Montevideo Convention, it is necessary to move to the next requirement for statehood: independence. While it may evoke romantic visions of the American Revolutionary War or the long struggle for Indian independence, the term does not […]

Is Kosovo a Country? (Part I)

By Samuel Lindsay Statehood is a deceptively simple concept. While identifying France or Argentina as a State is not exactly ground-breaking, entities such as Palestine or Kosovo pose considerably more difficulty. Clearly, politics plays a significant role in designation. Yet substantial complexities exist in international law as well. Over the course of three articles these […]

The One That Lasted 100 Hours

The legality of war is tricky business. Given the number of potential hotspots erupting (I’m looking at you North Korea), it might be a good time to look back to when it was last done well: the Iraq war. Not that Iraq war, the one before that- the Persian Gulf War of 1991. On August […]

West Papua: Postcolonial Colonialism?

Comprising the western half of the island of New Guinea, West Papua is a province on Indonesia’s far eastern frontier that has been in constant turmoil since Indonesian independence from the Netherlands. Having many of the same ingredients needed for a replay of Timor-Leste, it isn’t hard to see why comparisons have been drawn between […]

Nature’s Legal Personality

I’m about to present a very lofty aspiration for International Law, one on recognising nature as a living person. But is this possible and practical? Under new legislation,[1] the Whanganui River in New Zealand became the first major river in the world to be recognised as a living entity. The river was afforded legal personality – the […]

Treatise on Treaties: Government Change and Withdrawal from International Agreements

International treaties are a tricky business. They are essentially contracts between signatory nations. Problems emerge when nations withdraw from or don’t ratify these treaties in the first place. While some treaties do explicitly forbid, or simple do not provide a withdrawal process, we do come to one of the more troublesome points of international law: […]