PROF. PAUL GRAGL: “Mutual Defence and Assistance Clauses: A Comparative Analysis of Article 5 NATO and Article 42(7) TEU”
28.11.2023 17:00 on site (HS 15.01 (Moot-Court- und Verhandlungsraum) and online)
In this presentation, I will offer a thorough look at mutual defence and assistance clauses and compare four different aspects of Article 5 NATO and Article 42(7) TEU, respectively: what are the conditions of triggering obligations under these clauses; what is their territorial scope; what is actually owed under these provisions; what are the exact modalities of their application. To conclude, I will also explore the topical issue of what these provisions mean for Ukraine and whether it can accede to NATO and/or the EU, respectively, during an active international armed conflict.
For attendance in person, please register by e-mail to voelkerrecht(at)uni-graz.at by 24.11.2023; no separate registration is required to follow the livestream.
PROF. CHARLOTTE KREUTER-KIRCHHOF: “Implementation of the Paris Agreement in the EU in times of energy crisis”
26.09.2023 16:00 on site (Leopoldine Schmidt Besprechungsraum (Bauteil B, EG)) and online
With the aim to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C, the Parties to the Paris Agreement agreed on a binding, global, quantified greenhouse gas emissions limitation. In order to achieve this global climate protection target, states define and maintain nationally determined contributions to combat climate change. Currently, the Conference of the Parties undertakes the first global stocktake under the Paris Agreement to assesses the collective progress of the states towards achieving their common climate protection target. On the basis of this global stocktake, the states are then to strengthen their existing nationally determined contributions in order to align them with the joint 1.5°C/2°C target.
Under the Paris Agreement, the European Union and its Member States communicated to jointly reduce greenhouse gas emissions across the EU by at least 55% by 2030 compared to 1990 levels. To implement this European climate protection target, the EU uses a three-pillar strategy that differentiates by sectors. The lecture analyses this EU climate protection strategy for the implementation of the Paris Agreement, the current development under the Green Deal and the challenges of the energy crisis resulting from Russia's invasion of Ukraine.
For attendance in person, please register by e-mail to voelkerrecht(at)uni-graz.at by 24.09.2023; no separate registration is required to follow the livestream.
PROF. MATTHIAS HERDEGEN: “The War in Ukraine: Controversial Issues under the International Law of War and Peace”
06.06.2023 17:00 on site (HS 15.01 (Moot-Court- und Verhandlungsraum)) and online
The Russian aggression against Ukraine highlights old issues and new challenges under international law. Actual controversies refer to the relevance of the supply of arms, the Russian Federation’s status within the UN, the range of possible countermeasures and new mechanisms for the prosecution of aggression and war crimes. Salient questions:
• Does the supply of military material to an attacked State conflict with the rules on neutrality?
• Can the supply of heavy weapons turn a State into a party to the armed armed conflict?
• What are the options for targeting Russia‘s status within the UN?
• Can Western States use seized Russian property for Ukraine‘ reconstruction?
• Can an agreement between Ukraine and the UN (ratified by the General Assembly) serve as basis for a special international criminal court?
For attendance in person, please register by e-mail to voelkerrecht(at)uni-graz.at by 04.06.2023; no separate registration is required to follow the livestream.
PROF. LIESBETH LIJNZAAD: “THEN AND NOW, and the role of time in the interpretation of treaties”
11.05.2023 17:00 on site (HS 15.01 (Moot-Court- und Verhandlungsraum) and online)
The Vienna Convention on the Law of Treaties suggests that looking over one’s shoulder at the past of a treaty may be necessary when interpreting the treaty. Articles 31 and 32 VCLT respectively refer to subsequent practice and subsequent agreement (in article 31(3)) and preparatory work, otherwise known as travaux préparatoires (in article 32). Both provisions look back at a different point in time, either what happened after the treaty entered into force and was being relied upon, or a time before the treaty did formally exist and was being negotiated. The talk will reflect on these references to the past in the process of treaty interpretation, and whether or how they may collide. Preparatory work is increasingly not being compiled anymore – even if diplomats and academics seem to think it will always be available - , and subsequent practice may not be available for particularly the situation that calls for interpretation of specific parts of a treaty. Thus, while both provisions provide an ‘organized’ set of rules for treaty interpretation, but when looking from a practitioner’s perspective at these references to the past of a treaty are they really helpful in the process of interpretation?
For attendance in person, please register by e-mail to voelkerrecht(at)uni-graz.at by 09.05.2023; no separate registration is required to follow the livestream.
PROF. ASS. DR. PËRPARIM GRUDA: “Recent Developments in the Normalization Process between Serbia and Kosovo: The Brussels Agreement from a Kosovar perspective”
29.03.2023 12:30 on site (SR 15.41)
This year Kosovo celebrated the 15th anniversary of its independence. After the Advisory Opinion of the International Court of Justice that concluded that “the declaration of independence of Kosovo adopted on 17 February 2008 did not violate international law”, the UN‘s General Assembly adopted a resolution through which it requested the beginning of dialogue for the normalization of relations between Kosovo and Serbia, with the facilitation of the EU. This dialogue officially started in 2011. Since this year, many technical and political agreements have been reached between Kosovo and Serbia, although tensions between the two countries still remain. With the aim of normalizing these relations, the EU as facilitator offered last week an “Agreement on the path to normalization between Kosovo and Serbia”. This agreement has been accepted by both parties, in the Ohrid meeting on 18 March 2023. The talk will discuss the advantages and disadvantages of this agreement from the perspective of Kosovo.
No registration required.
MAG. DOMINIK ORNIG: "Automation of Decision-Making"
09.01.2023 12:30 on site (HS 15.01 (Moot-Court- und Verhandlungsraum)) and online
The cost pressures and distancing rules during the Covid-19 pandemic have added further momentum to the drive towards digitalization and automation of judicial decision-making. Unprecedented amounts of available data along with the necessary technology and computing power to process them pave the way for increasingly automated decision-making. A wide array of disruptively efficient tools is on offer ranging from assistance programmes to fully autonomous processes that do not require human intervention. Legal decision-making, however, ought to square the pursuit of many goals, only one of which is efficiency. This lecture will provide a critical overview of the currently available solution and identify trends that may shape the future of disputes
If you wish to attend in person, please register by sending an e-mail to email@example.com by 06.01.2023. You do not need to register separately to watch the livestream
DR. KATALIN SULYOK: "Science and the Legitimate Argumentative Space of International Courts"
11.11.2022 12:00 on site (HS 15.01 (Moot-Court- und Verhandlungsraum) and online)
Scientific knowledge pervades environmental disputes in several ways, which poses challenges for courts in crafting a convincing reasoning that closely reflects on the technical facts of the case, and at the same time, fits with the epistemic competence of judges. The presentation will map the epistemically legitimate argumentative space available for judges by identifying four main forms of reasoning in international environmental adjudication, namely scientific, legal, intuitive and hybrid reasoning styles. The talk will discuss the advantages and disadvantages of these reasoning methods for securing the legitimacy of the judgment, and will offer parameters which help judges select the appropriate (epistemically legitimate) reasoning style in particular cases.
For participation in person we ask for a binding registration by e-mail to voelkerrecht(at)uni-graz.at until 09.11.2022. No separate registration is required to follow the discussion via livestream.
PROF. JEAN D'ASPREMONT: "The Discourse on Customary International Law" (in collaboration with the European Society of International Law)
30.09.2022 13:00 on site (HS 15.05) and online
While many studies have looked at traditional questions of how to identify customary law, this presentation takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the presentation uncovers surprising conclusions, and demonstrates the ‚discursive splendour‘ of customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment.
For participation in person we ask for a binding registration by e-mail to voelkerrecht(at)uni-graz.at until 28.09.2022. No separate registration is required to follow the discussion via livestream.
PROF. WOLFGANG BENEDEK: "Presentation of the OSCE Report"
02.06.2022 12:30 on site (HS 15.05) and online (Unitube)
The presentation will give an overview of the OSCE's Moscow Mechanism for Investigating Alleged Human Rights Violations and then use the example of the reports of recent years on Chechnya and Belarus, but especially on Ukraine, to show what challenges arise for the implementation of the underlying expert missions and how these can be overcome. In addition to the most important results of the investigations, special attention will be paid to the question of how those responsible for the violations found can be held accountable.
The presentation will be held in English. No separate registration is required for participation.
PROF. MARTHA BRADLEY: „Testing the boundaries of Tadic: Assessing the intensity of violence through an aggregated approach in complex conflict settings“
25.04.2022 12:30 on site (SZ 15.21, RESOWI A2) and online
The applicability of IHL in complex conflict settings where armed groups are operating side by side calls for a departure from the traditional bilateral intensity assessment approach, instead the intensity criterion should be considered on a collective basis. My contribution sets out to determine the grounds for establishing if the Tadic formula restricts the method of assessing the notion of intensity to the bilateral approach. I examine judicial practice in support of adopting that approach as well as scholarly speculation which establishes the suggested content if adopting an aggregated assessment approach.
For participation (in person or online) we ask for a binding registration by e-mail to voelkerrecht(at)uni-graz.at until 22.04.2022. All registered participants will receive the link to the livestream by e-mail prior to the event.
DR. MARKO SVICEVIC: „Collective self-defence or regional enforcement action: the legality of a SADC inter- vention in Cabo Delgado and the question of Mozambican consent"
11.02.2022 via UniMeet
The lecture focuses broadly on the situation in northern Mozambique, and, more specifically, on the legality of military operations there by the Southern African Development Community (SADC). In July of 2021, the sixteen-member regional block authorised the deployment of the SADC Mission in Mozambique (SAMIM) – to counter a growing insurgency in the province. However, even before its deployment, questions relating to a potential legal basis were present. The lecture examines two predominant legal bases: collective self-defence under the SADC Mutual Defence Pact as had been claimed prior to the deployment; and, consent based deployment since the authorisation of the mission last year.