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Professor of Public International Law Stefan Talmon is also a Fellow of St Anne's College.
He was formerly Associate Professor (Privatdozent) at the University of Tübingen and has held visiting professorships at Universities in France, Turkey, Ukraine and the United States. He is a member of the English and German Bar and regularly advises governments and corporations on matters of international and European law.
His major publications include:
All | Recent | Selected Publications sorted by selection | sort by year S Talmon, Kollektive Nichtanerkennung illegaler Staaten [Collective Non-recognition of illegal States] (Mohr Siebeck 2006) English Abstract: The question of the legal effect of the recognition of new entities that call themselves ‘States’ has been characterized for over a century by the great debate between the constitutive and the declaratory schools of thought. An examination of the American, British and German State practice in the case of the internationally non-recognized Turkish Republic of Northern Cyprus, however, shows that neither of the two theories can satisfactorily explain the non-recognition as a State of an entity that meets all the international legal criteria for statehood but that has been created in violation of a fundamental norm of international law. Non-recognition of an existing State can neither have status-preventing nor status-confirming effect, it can only have status-denying, i.e. negatory, effect. The book is in three parts. Part I, entitled ‘The Collectively Non-Recognized States’, gives a historical overview of the creation in breach of international law and collective non-recognition of the Turkish Republic of Northern Cyprus and recalls the various precedents of collective non-recognition. Part II on ‘The Legal Bases of Collective Non-Recognition’ puts forward the central argument that non-recognition is the classic third party countermeasure in response to a serious breach of a fundamental norm of international law affecting the interests of the international community as a whole, and that this third party countermeasure, originally administered by the League of Nations, is today coordinated by United Nations. Part III details ‘The Legal Consequences of Collective Non-Recognition’, illustrating the central argument that non-recognition operates as a sanction by exploring the effects of collective non-recognition in the areas of treaties and unilateral acts, standing before national and international courts and tribunals, membership and representation in international organizations, bilateral relations, economic development and co-operation, postal and telecommunication services, maritime and air traffic and State responsibility. URL: http://www.mohr.de/cgi-bin/search.pl?lang=d&feld_val=talmon&vg=v&sid={SID}&range=0&detail=3634 ISBN: 3-16-147981-5 S Talmon, 'Article 43' in Andreas Zimmermann/Christian Tomuschat/Karin Oellers-Frahm (ed), The Statute of the International Court of Justice. A Commentary (OUP 2006) S Talmon, Recognition of Governments in International Law: With Particular Reference to Governments in Exile (Oxford University Press 2001) Abstract: Paperback edition of the same book published in 1998. Hardback edition was not previously submitted to RAR assessment. Published in the Series Oxford Monographs in International Law. Book sold some 1200 copies. ISBN: 0-19-924839-7 S Talmon, 'The Security Council as World Legislature' (2005) 99 American Journal of International Law 175-193 DOI: 10.2307/3246097 ISBN: 0002-9300 S Talmon, 'Grenzen der 'Grenzenlosen Gerechtigkeit'. Die völkerrechtlichen Grenzen der Bekämpfung des internationalen Terrorismus nach dem 11. September 2001 [How Infinite Is ‘Infinite Justice'. Legal Limits of the Fight Against International Terrorism]' in Wolfgang Maerz (ed), An den Grenzen des Rechts [Law at Its Limits] (Duncker & Humblot 2003) English Abstract: Shortly after the terrorist acts of 11th September 2001, the United States launched operation ‘Infinite Justice’ (later renamed ‘Enduring Freedom’) to disrupt Al Qaeda’s ability to conduct another strike against the United States and remove the Taliban government in Afghanistan which had been providing a safe haven to Al Qaeda. The article explores the legal limits of the fight against international terrorism - the sovereign equality of States and the prohibition of the use of force - and new limits to these limits. It is argued that a new rule of customary international law has emerged which requires States either to try or extradite terrorists to a State that is prepared to do so (‘aut dedere aut judicare’). Further obligations to fight international terrorism and thus limitations to a State’s sovereignty may be derived from binding legislative decisions of the UN Security Council. The central argument put forward with regard to the limitation of the prohibition of the use of force is that the events of September 11th have contributed to an instant change in the customary international law on the right to self-defence. It is shown that the definition of ‘armed attack’ has been expanded by including attacks on a State’s outposts and nationals abroad as well as attacks by terrorist groups and other non-State actors. In addition, the notion of ‘occurrence’ of an armed attack has been widened by including ongoing attacks and by re-interpreting the notion of ‘imminence’ of the attack. Self-defence thus ultimately becomes a question of the proportionality of the measures taken in self-defence. Three reasons are identified for the expansion of the right of self-defence: the empowering of the individual, globalization and the failing of individual States. ISBN: 3-428-11346-2 Correspondence address: St Anne's College, Woodstock Road, |
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