Do you want a rock, DJ - or an island? This week the panel discusses the difference between rocks and islands in international law and why it matters, with special reference to the South China Sea case and subsequent legal arguments about archipelagoes. Tamsin Phillipa Paige chairs a discussion featuring co-hosts Douglas Guilfoyle and Imogen Saunders and special guest Tim Stephens.
Recommendations:
Alex P. Dela Cruz, Making History, Making Archipelagoes, https://www.latrobe.edu.au/__data/assets/pdf_file/0007/1673215/bs12.pdf
Donald R Rothwell and Tim Stephens, The International Law of the Sea, https://www.bloomsbury.com/au/international-law-of-the-sea-9781509958382/
Imogen Saunders, 'The Limits of the Natural State Doctrine: Rocks, islands and artificial intervention in a changing world' in Rothwell and Letts (eds), Law of the Sea in South East Asia, https://www.routledge.com/Law-of-the-Sea-in-South-East-Asia-Environmental-Navigational-and-Security-Challenges/Rothwell-Letts/p/book/9781032240718
Douglas Guilfoyle, The South China Sea Award: How Should We Read the UN Convention on the Law of the Sea?, https://www.cambridge.org/core/journals/asian-journal-of-international-law/article/south-china-sea-award-how-should-we-read-the-un-convention-on-the-law-of-the-sea/DD5B90D9438D8B3C55BC57EA6D8CD175
Micehlle Magorian, Goodnight Mister Tom (1981)
William Golding, Lord of the Flies (1954)
Music: Sam Barsh, Oils of Au Lait
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44. Can the US take the war on drugs to Mexico?
Is the war on drugs literally a war?
This week Douglas Guilfoyle discusses the supposed "unable and unwilling" doctrine that is said to justify the use of force against non-state actors in other states' territory with Tamsin Phillipa Paige and Ntina Tzouvala. In particular, we ask could this doctrine be used to justify a US strikes on drug cartels in Mexico or Nicaragua as a response to the opioid crisis? (Spoilers: no.)
Music: Sam Barsh, Oils of Au Lait
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43. Emergency cast: Israel's blockade of Gaza
This week Tamsin Phillipa Paige and Douglas Guilfoyle discuss the IDF's interdiction of the Madleen aid vessel bound for Gaza, the law of blockade in naval warfare, and its contested relationship with the crime of starvation.
Sidebar: we discuss hypotheticals in cases of state responsibility for interdicting vessels at sea and the possibility of ITLOS hearing cases under UNCLOS - we should have noted in this particular case Israel is not a party to UNCLOS.
Recommendations:
Douglas Guilfoyle, The Mavi Marmara Incident and Blockade in Armed Conflict, https://academic.oup.com/bybil/article/81/1/171/329512
Phillip Drew, The Law of Maritime Blockade: Past, Present, and Future, https://global.oup.com/academic/product/the-law-of-maritime-blockade-9780198808435
Music: Sam Barsh, Oils of Au Lait
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42. Piracy and Madness
What is it about piracy that causes international lawyers to lose all common sense? This week, in a twist on our “what everyone gets wrong about...” series, Juliette McIntyre talks to Douglas Guilfoyle and Tamsin Phillipa Paige about what drives them mad in piracy scholarship. And what is the crime of piracy, really? How old is it? And where does it come from? Fasten your seatbelts for a bumpy jurisprudential ride.
Recommendations:
Tamsin Phillipa Paige, “The Whore That Lost Everything”: The Tyranny of Law and the Queer Feminisation of Soft Power as Explored in Black Sails, https://www.degruyterbrill.com/document/doi/10.1515/pol-2023-2014/html
Douglas Guilfoyle, The Laws of War and the Fight against Somali Piracy: Combatants or Criminals?, https://law.unimelb.edu.au/__data/assets/pdf_file/0008/1686284/Guilfoyle.pdf
Black Sails (TV Series 2014–2017), http://imdb.com/title/tt2375692/
Our Flag Means Death (TV Series 2022–2023), https://www.imdb.com/title/tt11000902/
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41. The Scottish Ministers Case and Trans Rights as Human Rights
This week Dr Tamsin Phillipa Paige is joined by Matteo Bassetti and Manon Beury to examine the UK Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers. In this case the Supreme Court ruled that a gender recognition certificate does not change a person's legal sex for the purposes of the 2010 Equality Act. The episode explores both the significant implications this has for the human rights of trans people but also asks - why do human rights courts seem to find trans rights so difficult?
About Called to the Bar: International Law over Drinks
A podcast of informal conversation about topical issues in international law, life in academia and whatever else is on our mind. Hosted by Douglas Guilfoyle and featuring Juliette McIntyre, Tamsin Paige, Imogen Saunders, Nitna Tzouvala.
Music: Sam Barsh, Oils of Au Lait
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