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See detailLocal International Adjudication: The Groundbreaking ‘Experiment’ of the Arbitral Tribunal for Upper Silesia
Erpelding, Michel UL

in Erpelding, Michel; Hess, Burkhard; Ruiz Fabri, Helene (Eds.) Peace Through Law: The Versailles Peace Treaty and Dispute Settlement After World War I (2019)

This chapter provides a detailed description of what was arguably the most sophisticated international tribunal of the interwar period, namely the Arbitral Tribunal for Upper Silesia (1922-1937). Based on ... [more ▼]

This chapter provides a detailed description of what was arguably the most sophisticated international tribunal of the interwar period, namely the Arbitral Tribunal for Upper Silesia (1922-1937). Based on bibliographical, archival, and photographic records, this paper also reflects on the procedural and personal continuities between the Arbitral Tribunal for Upper Silesia and the European Court of Justice (ECJ). [less ▲]

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See detailEvidence Requirements before 19th Century Anti-Slave Trade Jurisdictions and Slavery as a Standard of Treatment
Erpelding, Michel UL

in Ruiz Fabri, Helene (Ed.) International Law and Litigation: A Look Into Procedure (2019)

This paper (originally written in 2016) presents the evidence requirements applicable before 19th century anti-slave trade courts. It examines several emblematic cases showing that de jure considerations ... [more ▼]

This paper (originally written in 2016) presents the evidence requirements applicable before 19th century anti-slave trade courts. It examines several emblematic cases showing that de jure considerations (such as the emancipated status of passengers, or even the fact that slavery did no longer exist in the country of destination) did not prevent judges from holding, based on a de facto standard of treatment, that acts of slave trading had been committed. [less ▲]

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See detailLa déportation de civils en vue du travail forcé. Le discours de l’occupant allemand, d’une guerre à l’autre
Erpelding, Michel UL

in Cronier, Emmanuelle; Deruelle, Benjamin (Eds.) Argumenter en guerre: discours sur la guerre, discours dans la guerre de l’Antiquité à nos jours (2019)

This chapter examines the legal arguments used by Germany during WWI and WWII to justify its policy of deporting civilians to forced labour.

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See detailIntroduction: Versailles and the Broadening of ‘Peace Through Law’
Erpelding, Michel UL

in Erpelding, Michel; Hess, Burkhard; Ruiz Fabri, Helene (Eds.) Peace through Law: The Versailles Peace Treaty and Dispute Settlement after WWI (2019)

This introduction to the volume edited by the author with Burkhard Hess and Hélène Ruiz Fabri does not only present an outline of the different chapters in the volume, but also presents the Versailles ... [more ▼]

This introduction to the volume edited by the author with Burkhard Hess and Hélène Ruiz Fabri does not only present an outline of the different chapters in the volume, but also presents the Versailles Treaty and the other post-WWI Paris Peace Treaties in their historical context and assesses their overall impact on international law. [less ▲]

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See detailPeace Through Law: The Versailles Peace Treaty and Dispute Settlement After World War I
Erpelding, Michel UL; Hess, Burkhard UL; Ruiz Fabri, Helene UL

Book published by Nomos (2019)

With the benefit of hindsight, presenting the Treaty of Versailles as an example of ‘peace through law’ might seem like a provocation. And yet, the extreme variety and innovativeness of international ... [more ▼]

With the benefit of hindsight, presenting the Treaty of Versailles as an example of ‘peace through law’ might seem like a provocation. And yet, the extreme variety and innovativeness of international procedural and substantial ‘experiments’ attempted as a result of the Treaty of Versailles and the other Paris Peace Treaties of 1919–1920 remain striking even today. While many of these ‘experiments’ had a lasting impact on international law and dispute settlement after the Second World War, and considerably broadened the very idea of ‘peace through law’, they have often disappeared from collective memories. Relying on both legal and historical research, this book provides a global overview of how the Paris Peace Treaties impacted on dispute resolution in the interwar period, both substantially and procedurally. The book’s accounts of several all-but-forgotten international tribunals and their case law include references to archival records and photographic illustrations. [less ▲]

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See detailL'annexion de la Crimée devant les juges
Erpelding, Michel UL

in Annuaire Français de Droit International (2018), 63

In accordance with the practice of a majority of States, the incorporation of Crimea into the Russian Federation can be qualified as a case of annexation. As a serious breach of international law, it ... [more ▼]

In accordance with the practice of a majority of States, the incorporation of Crimea into the Russian Federation can be qualified as a case of annexation. As a serious breach of international law, it raises a certain number of questions with regard to the respective rights and obligations of all relevant actors. With no conventional resolution of the dispute between Russia and Ukraine in sight, judicial remedies—both before national and international courts and tribunals—are destined to play a key role in this context. As a matter of fact, annexation of Crimea has already resulted in judicial decisions regarding the restitution of cultural property, investment protection, and the restrictive measures adopted by the EU following Crimea’s annexation. Other questions raised by this situation are currently being discussed before the ICJ, the ECtHR, the ICC, the WTO, and a UNCLOS Annex VII Arbitral Tribunal. [less ▲]

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See detailGeorges Kaeckenbeeck (1892–1973)
Erpelding, Michel UL

in Galerie des internationalistes francophones (2018)

This biographical sketch presents the life and work of Georges Kaeckenbeeck, a Belgian international lawyer who, despite also producing highly regarded scholarly work, was mostly active as a diplomat, an ... [more ▼]

This biographical sketch presents the life and work of Georges Kaeckenbeeck, a Belgian international lawyer who, despite also producing highly regarded scholarly work, was mostly active as a diplomat, an international judge and civil servant between the 1910s and the 1960s. [less ▲]

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See detailLe droit international antiesclavagiste des "nations civilisées" (1815-1945)
Erpelding, Michel UL

Book published by Institut Universitaire Varenne/LGDJ (2017)

The prohibition of slavery is a fundamental norm in contemporary international law. It is an integral part of all major human rights instruments, and it is generally presented as an obligation towards the ... [more ▼]

The prohibition of slavery is a fundamental norm in contemporary international law. It is an integral part of all major human rights instruments, and it is generally presented as an obligation towards the international community as a whole. Prior to the Second World War and the emergence of international human rights, the international antislavery law was tightly linked to the ambiguous idea of “civilisation” and, more precisely, to the ability of the Western States to define themselves as “civilised nations” as compared to the rest of the world. As a matter of fact, the very notion of “civilised nations” appeared for the first time in the history of international law in the Declaration of the Eight Courts Relative to the Universal Abolition of the Slave Trade of 8 February 1815. Signed at the Congress of Vienna, the Declaration was also the first multilateral instrument that condemned the slave trade. As shown through the book’s systematic survey of relevant State practice (including more than 450 slavery-related treaties and numerous pieces of colonial legislation relating to slavery and forced labour), the antislavery principle proclaimed in 1815 soon gave rise to more stringent and detailed norms. However, its precise scope remained under constant debate. One major question that arose during these debates was whether a “civilised nation” which had formally abolished the institution of slavery but tolerated or used certain forms of forced labour could be accused of having infringed its obligations under international antislavery law. Only in 1945 would the adoption of the Nuremberg Charter bring a positive answer to that question. In short: - First systematic comparative study of slavery and forced labour in international and colonial law before the advent of international human rights - First systematic survey of hundreds of antislavery treaties (including several hundred treaties with non-Western polities). [less ▲]

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See detailL’idée de civilisation dans la pratique conventionnelle des États occidentaux aux XIXe et XXe siècles
Erpelding, Michel UL

in Droits: Revue français de théorie, de philosophie et de cultures juridiques (2017), (66), 37-55

Based on an analysis of more than 450 treaties and other international instruments, this article shows how the terms 'civilisation' or 'civilised' were used in 19th and 20th century state practice and how ... [more ▼]

Based on an analysis of more than 450 treaties and other international instruments, this article shows how the terms 'civilisation' or 'civilised' were used in 19th and 20th century state practice and how the meaning given to these terms evolved over time. [less ▲]

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See detailCe qui reste de Versailles : Retour sur quelques apports du droit international de l’entre-deux-guerres
Erpelding, Michel UL

Article for general public (2017)

This academic outreach article presents several innovations introduced by the 1919 Versailles Treaty and which are still of relevance for international law and international relations today.

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See detailSouveraineté territoriale par traité, written by Mamadou Hébié
Erpelding, Michel UL

in Journal of the History of International Law (2016), 18(4), 469-479

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See detailL'esclavage en droit international : aux origines de la relecture actuelle de la définition conventionnelle de 1926
Erpelding, Michel UL

in Journal of the History of International Law (2015), 17(2), 170-220

Detailed reference viewed: 57 (0 UL)
See detailInglorious Basterds (Quentin Tarantino, 2009): De l’inapplicabilité du droit des conflits armés ratione cinemae
Erpelding, Michel UL

in Corten, Olivier (Ed.) Droit international et culture pop (2015)

Detailed reference viewed: 62 (4 UL)