References of "Erpelding, Michel 50045420"
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See detailVous avez dit légal ? Plusieurs États se sont engagés sur la voie de réparations au titre du colonialisme, tout en affirmant que celui-ci n’aurait pas été illégal à l’époque. Un argument contestable
Erpelding, Michel UL

Article for general public (2022)

Aimed at the general public in Luxembourg, this article examines ands dismisses the argument of the alleged legality of colonial policies under the international law in force at that time. The article ... [more ▼]

Aimed at the general public in Luxembourg, this article examines ands dismisses the argument of the alleged legality of colonial policies under the international law in force at that time. The article aims to contribute to the wider debate surrounding Luxembourg's colonial past. [less ▲]

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See detailTransatlantic Chattel Slavery, 1815–1888
Erpelding, Michel UL

in Lovall, Erin; Stefanelli, Justine (Eds.) Reparations Under International Law for Enslavement of African Persons in the Americas and the Caribbean: Proceedings of the Symposium, May 20–21, 2021 (2022, July 06)

This paper addresses the question of the legality and illegality of slavery-related practices during the 19th century under Western international law.

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See detailLa question de la licéité des politiques coloniales au regard du principe du droit intertemporel en droit international public: Texte annoté d’une intervention prononcée le 4 juillet 2022 lors d’une audition devant la Commission spéciale « Passé colonial » de la Chambre des Représentants de Belgique
Erpelding, Michel UL

Diverse speeches and writings (2022)

Delivered at a hearing of the Special Committee on Belgium's Colonial Past of the Belgian Chamber of Representatives, this speech challenges the alleged lawfulness of colonial policies under the ... [more ▼]

Delivered at a hearing of the Special Committee on Belgium's Colonial Past of the Belgian Chamber of Representatives, this speech challenges the alleged lawfulness of colonial policies under the intertemporal law principle in public international law based on two considerations. First, due to the development of the history of international law as a fully fledged discipline, we now have a more granular view of the law applicable to international relations in the past. More particularly, recent studies in the field of the history of international law have shown that many colonial policies (e.g. mass murder of colonized populations, "excessive" forced labour, or even the unilateral imposition of colonial rule) were actually illegal under positive late 19th century international law. Second, a simple mechanical application of the intertemporal law principle is now increasingly understood as impossible to reconcile with the universal character of today's international community, sparking increasing calls in favour of a "decolonization" of this principle in order to rid it of its inherently discriminatory nature. [less ▲]

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See detailJuristes internationalistes, juristes mixtes, Euro-Lawyers : l’apport de l’expérience semi-coloniale à l’émergence d’un droit supranational
Erpelding, Michel UL

in Clio @ Themis (2022), 22

This paper explores the partly colonial origins of European integration law. It first notes that internationally composed and treaty-based courts with jurisdiction over individual treaty-based rights ... [more ▼]

This paper explores the partly colonial origins of European integration law. It first notes that internationally composed and treaty-based courts with jurisdiction over individual treaty-based rights existed well before the end of WWII, notably in semi-colonial settings. It then addresses the individual careers of several jurists who circulated between Europe and countries subjected to semi-colonial domination. These careers confirm the existence of a range of continuities between international law, the mixed law applied in these countries, and post-WWII European law. [less ▲]

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See detailEsclavage, servitude, travail forcé : constitution et évolution d’un cadre conceptuel
Erpelding, Michel UL

in Marchadier, Fabien (Ed.) La prohibition de l'esclavage (2022, April 20)

This chapter examines the emergence, definition and evolution of the concepts of slavery, forced labour and servitude in international law.

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See detailManchmal das Recht brechen: Was bedeutet es, wenn ein ständiges Mitglied des UN-Sicherheitsrats wie Russland einem Nachbarland die Staatlichkeit abspricht und dort einmarschiert? Gespräch mit dem Völkerrechtler Michel Erpelding
Erpelding, Michel UL; Feist, Peter

Article for general public (2022)

The main purpose of this interview was to explain to the broader public in Luxembourg: 1. the legal implications of the Russian-backed secessions of Crimea (later annexed by Russia) and the Donetsk and ... [more ▼]

The main purpose of this interview was to explain to the broader public in Luxembourg: 1. the legal implications of the Russian-backed secessions of Crimea (later annexed by Russia) and the Donetsk and Luhansk regions in Ukraine, as well as Russia's full-scale aggression against Ukraine on 24th February 2022; 2. the historical context that explains how the post-WWII international order balances the principle of national self-determination with the principles of sovereign equality and territorial integrity of states. Its second purpose was to raise awareness about: 1. the need for Luxembourg and the EU to show coherence when reacting to wars of aggression and annexations, which constitute the most egregious violation of international, regardless of which state committed the aggression and/or annexation (e.g. Russia in Ukraine, Israel on the Golan Heights inter alia, Morocco in Western Sahara); 2. the legal risks (both civil and criminal) for Luxembourg businesses that deal with goods from, or invest in, illegally occupied territories. [less ▲]

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See detailLe Luxembourg et l’institutionnalisation de la justice internationale : un exemple de politique juridique extérieure (1863-1940)
Erpelding, Michel UL

in Fritz, Vera; Scuto, Denis; Wingerter, Elisabeth (Eds.) Histoire de la Justice au Luxembourg (1795 à nos jours) : Institutions, organisation, acteurs (2021)

Based on both printed and archival sources, chapter examines the foreign policy of Luxembourg in the field of international adjudication, from the 1860s, when Luxembourg had its first experience with ... [more ▼]

Based on both printed and archival sources, chapter examines the foreign policy of Luxembourg in the field of international adjudication, from the 1860s, when Luxembourg had its first experience with international arbitration, until the interwar period, when Luxembourg sought to preserve its independence by systematically signing arbitration treaties with Western states. [less ▲]

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See detailMixed Courts of Egypt
Erpelding, Michel UL

in Ruiz Fabri, Helene (Ed.) Max Planck Encyclopedia of International Procedural Law (2021)

This entry provides a detailed description and assessment of the Mixed Courts of Egypt (1875-1949), the most famous of the mixed courts of the colonial era. Established as an alternative to consular ... [more ▼]

This entry provides a detailed description and assessment of the Mixed Courts of Egypt (1875-1949), the most famous of the mixed courts of the colonial era. Established as an alternative to consular courts, the Mixed Courts of Egypt were formally Egyptian domestic courts, but had a foreign-majority bench and the mission to guarantee the treaty-based rights of foreigners against any possible infringements from the Egyptian State. [less ▲]

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See detailLe droit international relatif à l’esclavage : de la réglementation du commerce international des captifs au droit universel de ne pas être traité en esclave
Erpelding, Michel UL

in Histoire de la Justice (2021), 31(1), 203-213

This article summarizes the evolution of international legal norms regarding slavery between the 17th and 20th centuries.

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See detailMixed Courts of the Colonial Era
Erpelding, Michel UL

in Ruiz Fabri, Helene (Ed.) Max Planck Encyclopedia of International Procedural Law (2021)

This entry provides a detailed and systematic account of mixed courts of the colonial era, which were a form of domestic courts with international participation established between the first half of the ... [more ▼]

This entry provides a detailed and systematic account of mixed courts of the colonial era, which were a form of domestic courts with international participation established between the first half of the nineteenth century and the first half of the twentieth century in non-Western polities. Serving as an alternative to consular jurisdiction in countries where Western states were unwilling to accept the jurisdiction of ordinary local courts over their nationals or their nationals’ interests, these courts blended domestic and international features. [less ▲]

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See detailEsclavage (moderne)
Erpelding, Michel UL

in Ndior, Valère (Ed.) Dictionnaire de l'actualité internationale (2021)

This short entry analyses the use of the words 'slavery' and 'modern slavery' by French-language news outlets, comparing this use to the actual evolution of the status of slavery and slavery-related ... [more ▼]

This short entry analyses the use of the words 'slavery' and 'modern slavery' by French-language news outlets, comparing this use to the actual evolution of the status of slavery and slavery-related practices in international law. [less ▲]

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See detailIndépendantiste
Erpelding, Michel UL

in Ndior, Valère (Ed.) Dictionnaire de l'actualité internationale (2021)

This short entry analyses the use of the word 'indépendantiste' (pro-independence) in French-language news outlets and its political implications with regard to self-determination movements.

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See detailLe Congrès de Vienne et le statut international du Grand-Duché de Luxembourg : théories et réalités du droit des gens de l’Europe
Erpelding, Michel UL

in Actes de la section des sciences morales et politiques de l'Institut grand-ducal (2021), 24

This articles examines the international status of Luxembourg between 1815 and 1867 from the perspective of the international law applicable at that time and based on the relevant state practice. It ... [more ▼]

This articles examines the international status of Luxembourg between 1815 and 1867 from the perspective of the international law applicable at that time and based on the relevant state practice. It contends that - from the perspective of international law - Luxembourg emerged as a state after the evacuation of Belgian troops from its territory in 1839. [less ▲]

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See detailInternational Law and the European Court of Justice: The Politics of Avoiding History
Erpelding, Michel UL

in Journal of the History of International Law (2020, October 21), 22(2-3), 446-472

Using the example of the European Court of Justice (ECJ), this article addresses the lack of historical contextualization which is prevalent in most general accounts of EU law and EU institutions. It ... [more ▼]

Using the example of the European Court of Justice (ECJ), this article addresses the lack of historical contextualization which is prevalent in most general accounts of EU law and EU institutions. It argues that this narrative is the result of a tradition established by the founders of the discipline. For these early ‘Euro-lawyers’, distinguishing the practice of European institutions from earlier international institutions had important political implications. This was especially true with regard to the ECJ. By providing a selective and partly decontextualized narrative of this court and describing it as largely unprecedented in international law, early Euro-lawyers were not only able to bolster the ‘supranational’ and ‘sui generis’ character of their nascent discipline. They were also able to avoid comparisons between the ECJ and prior international courts and tribunals whose similarly wide-ranging powers and integrated nature had been considered as politically problematic. [less ▲]

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See detailFelix Calonder (1863–1952)
Erpelding, Michel UL

in Galerie des internationalistes francophones (2020)

Biographical note on Felix Calonder, Swiss statesman and international law practitioner, President of the highly innovative Mixed Commission for Upper Silesia (1922-1937) and author of the first coherent ... [more ▼]

Biographical note on Felix Calonder, Swiss statesman and international law practitioner, President of the highly innovative Mixed Commission for Upper Silesia (1922-1937) and author of the first coherent body of international case law on individual rights. Published as part of the French Society of International Law's Gallery of International Lawyers. [less ▲]

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See detailMixed Court of Tangier
Erpelding, Michel UL; Rherrousse, Fouzi

in Ruiz Fabri, Helene (Ed.) Max Planck Encyclopedia of International Procedural Law (2020)

This entry provides a detailed account and assessment of the Mixed Court of Tangier (1925-1956), a mixed court of the colonial era established in the International Zone of Tangier as a replacement for ... [more ▼]

This entry provides a detailed account and assessment of the Mixed Court of Tangier (1925-1956), a mixed court of the colonial era established in the International Zone of Tangier as a replacement for consular courts. Like the better-known Mixed Courts of Egypt, the Mixed Court of Tangier had the mandate to protect the treaty-based individual rights of foreigners against any infringements by the local authorities. [less ▲]

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See detailArbitral Tribunal for Upper Silesia
Erpelding, Michel UL; Irurzun, Fernando

in Ruiz Fabri, Helene (Ed.) Max Planck Encyclopedia of International Procedural Law (2020)

This entry provides a detailed description and assessment of the Arbitral Tribunal for Upper Silesia, arguably the most sophisticated international court of the interwar period.

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See detailUne conséquence méconnue du Traité de Versailles : Le régime de protection des minorités en Haute-Silésie (1922-1937)
Erpelding, Michel UL

in Castellarin, Emanuel; Hamman, Andrea (Eds.) Le Traité de Versailles : Regards franco-allemands en droit international à l’occasion du centenaire/The Versailles Treaty: French and German Perspectives in International Law on the Occasion of the Centenary (2020)

This book chapter presents and critically assesses the international regime for the protection of ethnic and religious minorities established between Germany and Poland in Upper Silesia between 1922 and ... [more ▼]

This book chapter presents and critically assesses the international regime for the protection of ethnic and religious minorities established between Germany and Poland in Upper Silesia between 1922 and 1937. [less ▲]

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See detailMixed Commission for Upper Silesia
Erpelding, Michel UL

in Ruiz Fabri, Helene (Ed.) Max Planck Encyclopedia of International Procedural Law (2019)

This entry provides a detailed account and assessment of the Upper Silesian Mixed Commission, a quasi-judicial body instituted from 1922 to 1937 between Germany and Poland in a region partitioned between ... [more ▼]

This entry provides a detailed account and assessment of the Upper Silesian Mixed Commission, a quasi-judicial body instituted from 1922 to 1937 between Germany and Poland in a region partitioned between the two states. The Mixed Commission for Upper Silesia offered the most sophisticated mechanism for the protection of minority rights during the Interwar Period. As a predecessor of the European Court of Human Rights, its legacy, especially its case-law on questions such as indirect discrimination, remains relevant today. [less ▲]

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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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