Imogen Saunders
@imogenmarjorie.bsky.social
830 followers 200 following 130 posts
International law, books, food, Canberra, longing for a beach.
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imogenmarjorie.bsky.social
The other categories, for those wondering are other animals (2), infrastructure (2), colours (1) and solar system (1). #afl
imogenmarjorie.bsky.social
I’m watching the footy and amusing myself by sorting the teams into category by name. No surprise the bird category is out on top with 5 teams but a surprisingly strong showing from the people/mythic category, tying with cats (house & great) with 4 teams apiece. #afl
imogenmarjorie.bsky.social
The 2026 #Jessup problem looks at What are “the general principles of law recognized by civilized nations”?. I do have a book on this, inspired by my own Jessup experience in 2003 where I kept asking the same question and no-one had a satisfactory answer! www.bloomsbury.com/au/general-p...
General Principles as a Source of International Law
This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of th…
www.bloomsbury.com
imogenmarjorie.bsky.social
Send me your burning international law (or other!) questions as we plan to bumble our way through a Q&A for our 50th episode...
djag2.bsky.social
Somehow, Episode 50 of #CalledToTheBar is not that far off.

In it we plan to *answer your questions* on any international law topic (within our competence) or life in academia topic (whether we're competent or not).

So drop your questions in the comments, or email or DM one of us!
imogenmarjorie.bsky.social
The court recalls that these AO are unlike any brought before it. But the CT can only act within its legal functions. Questions brought by the UNGA are much broader. Existential & self afflicted. Requires all humans and all human knowledge. Change our habits, comforts and way of life.
imogenmarjorie.bsky.social
Obligation to restitute or compensate. Needs a sufficient casual nexus.
imogenmarjorie.bsky.social
Yes, I think so! And then I paused by accident and then couldn't come back to replay it.
imogenmarjorie.bsky.social
The question here is - is it a standalone right? Or is it inherent only?
imogenmarjorie.bsky.social
R2E coming up now... YES
imogenmarjorie.bsky.social
This is REALLY BIG. We haven't even got to human rights yet but the ICJ is basically saying yeah, nah to the OPEC states (and possibly a lot of the polluting states). Your bullshit convention that no-one obeys doesn't actually abdicate you of responsibility.
imogenmarjorie.bsky.social
And again, UNFCC compliance etc not enough. 'Necessary measure' under UNCLOS is measured by objective means.
imogenmarjorie.bsky.social
UNCLOS now - direct reference to ITLOS findings that carbon emissions can be marine pollutions.
imogenmarjorie.bsky.social
Compliance with climate framework treaties does not mean compliance with CIL. Customary obligations are the same for all states.
imogenmarjorie.bsky.social
On CIL.... Court considers that the diffused and multi-faceted nature of activities that contribute to climate change does not preclude the duty to prevent harm.
imogenmarjorie.bsky.social
Out of UNFCC and onto CIL. This is where it might get really interesting. Starting with due diligence. #ICJAO
imogenmarjorie.bsky.social
Obligations of cooperation coming out again. I love this. It seems like States have included these as weasel words a lot and now the ICJ is coming out and saying actually: you agreed to this an it means something
imogenmarjorie.bsky.social
Ok ICJ is introducing due diligence into Paris, This is interesting.
imogenmarjorie.bsky.social
We are still on Paris Agreement here. TBH this is not where my interest lies particularly because there's no liability under it. There are binding legal agreements but it's all super soft. In the meantime, I'm viewing the small hall of justice as a kind of Terry Pratchett small gods thing.
imogenmarjorie.bsky.social
On an aside, I am finding it ridiculously funny that the ICJ has two hearing chambers called the "Great Hall of Justice" and the "Small Hall of Justice".
imogenmarjorie.bsky.social
ICJ also says the UNFCC. Kyoto and Paris apply simultaneously. Some countries argued only Paris applies now. Ct shot this down with a classic Art 31 VCLT analysis. #ICJAO
imogenmarjorie.bsky.social
Sustainable development and intergenerational equity seen as guiding principles.
imogenmarjorie.bsky.social
ICJ says: most directly relevant law is much wider than UNFCC. Any notion of lex specialis for UNFCC & Kyoto & Paris is rejected. Which is the right and proper outcome. UN Charter, UNCLOS, due diligence, duty to cooperate, human rights law all part of the directly relevant law.
imogenmarjorie.bsky.social
Ct being very careful to say judgement is about responsibilities in a general manner, not for individual states. This is making me hopeful the Ct will be very direct on *what* applies and *how* in a way many (polluting states) will be quite unhappy with.