Dr Alexander Orakhelashvili

Photo of Dr Alexander Orakhelashvili

Birmingham Law School
Senior Lecturer

Contact details

Telephone
+44 (0)121 414 6284
Fax
+44 (0)121 414 3585
Email
a.orakhelashvili@bham.ac.uk
Address
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT
United Kingdom

Dr Alexander Orakhelashvili has taught and researched public international law at four British universities over the past 16 years. His teaching also includes elements of criminal law and jurisprudence. He is a frequent speaker at international conferences and seminars on developments in public international law, and has given invited papers at the events and conferences held in UK, USA, France, Italy, the Netherlands, Spain and Japan. He has provided legal advice regarding public international law issues in litigation before English and American courts. In 2016 Dr Orakhelashvili was invited to take over editing and updating the 8th edition of Akehurst’s Modern Introduction to International Law – one of the leading British textbooks of international law.

Qualifications

  • LLB (Tbilisi State University), 1997
  • LLM (Leiden), 2000
  • PhD (Cantab.), 2005

Biography

Dr Orakhelashvili obtained his first law degree from Tbilisi State University in 1997, his master’s degree from Leiden University in 2000 and his PhD from Cambridge University in 2005, and joined the School of Law in September 2009. Previously, he was Shaw Foundation Junior Research Fellow in Law at Jesus College, Oxford (2005-2008). He has taught and supervised in public international law and the armed conflicts law at the universities of Cambridge (2003-2004), London (2003-2005) and Oxford (2005-2008).

Teaching

  • Public International Law (LLB)
  • Public International Law (LLM)
  • UN Law and Practice (LLB, module leader)
  • Law of International Organisations (LLM, module leader)
  • Theory of Criminal Law (LLM, module leader)

Postgraduate supervision

Dr Orakhelashvili has supervised or is currently supervising doctoral students undertaking research in the following areas:

  • Aut dedere aut judicare as a customary rule
  • The UN member states and individuals sharing international responsibility for the serious violation of international law committed during peace support operations
  • Iran and Nuclear non-proliferation
  • John Austin’s theory of law

Research

Dr Orakhelashvili’s research focuses on all areas of public international law. He is an author of Peremptory Norms in International Law (OMIL, OUP 2006, paperback 2008, 657 pages), which is the updated and expanded version of his doctorate defended at Cambridge University in 2004, and constitutes the first comprehensive study of the complex phenomenon of peremptory norms in the international legal system. He has also authored The Interpretation of Acts and Rules in Public International Law (OMIL, OUP 2008, 620 pages), which is first and so far the only comprehensive work on interpretation encompassing not only international treaties but also other international legal acts such as unilateral declarations, reservations, Security Council resolutions and declarations accepting the International Court’s jurisdiction. Most recently he published the first ever comprehensive monograph on Collective Security (OUP, 2011), an original study of the operation of universal and regional security institutions and their dynamic mutual interaction. Dr Orakhelashvili has also contributed about 80 articles and chapters to leading journals, yearbooks and edited collections. His work has been repeatedly cited by judges in national and international courts, for instance in 2004 by Mance LJ (as he then was) in the Court of Appeal decision on Jones v Saudi Arabia, as well as the Australian High Court, European and Inter-American Courts of Human Rights.

Other activities

  • Deputy Director of LLM Programmes
  • Dr Orakhelashvili is a member of editorial boards of the Journal of the Use of Force in International Law and of Jus Gentium: A Journal of International Legal History.

Publications

Monographs

Edited collections

  • General Editor, Research Handbook on the Theory and History of International Law, Research Handbooks in International Law Series, Edward Elgar Publishers, hardback edition published in July 2011, paperback edition published in 2013, 543 pages (14 contributors and preface by Professor Philip Allott)
  • Co-editor (with Dr Sarah Williams of UNSW), 40 Years of the Vienna Convention on the Law of Treaties, 9 contributors (BIICL, London 2010), 242 pages
  • General Editor, Research Handbook on Jurisdiction and Immunities in International Law, Edward Elgar Publishers, 11 contributors – 538pp, hardback edition published in October 2015, and paperback edition published in April 2017

Textbook

  • Akehurst’s Modern Introduction to International Law, 8th edition, under contract with Routledge publishers and in progress, scheduled for publication in 2018

Peer-reviewed Journal and Yearbook Articles, Book Chapters

* Judicially cited

  • * The Position of the Individual in International Law, California Western International Law Journal, Volume 31, Spring issue, 2001, 241-276, cited by the High Court of Australia in NAGV & NAGW, 2005 HCA 6, 2 March 2005
  • Questions of International Judicial Jurisdiction in the LaGrand case, Leiden Journal of International Law, No. 1, 2002, 105-130
  • The Arrest Warrant Case (Congo v. Belgium), Case Review, American Journal of International Law, No. 3, July 2002, 677-685
  • State Immunity in National and International Law, Leiden Journal of International Law, No. 3, 2002, 703-714
  • * The European Convention on Human Rights and International Public Order, Cambridge Yearbook of European Legal Studies, vol. 5, 2002-2003, 237-270, cited by Judge (now President) Spielmann of the European Court of Human Rights in two cases: Panovits v Cyprus (2008) and Guiso-Gallisay v Italy (2009)
  • Legal Basis of the United Nations Peace-Keeping Operations, Virginia Journal of International Law, Winter Issue, January 2003, 484-524; also reproduced in the collection of essays on International Peacekeeping (B. Kondoch (ed.), Library of Essays in International Law, Ashgate Publishing, 2007)
  • State Immunity and International Public Order, German Yearbook of International Law, vol. 45, 2002, 227-267
  • * Restrictive Interpretation of Human Rights Treaties in the Recent Jurisprudence of the European Court of Human Rights, European Journal of International Law, No.3, 2003, 529-568, cited by Mance LJ in Jones v Saudi Arabia, Court of Appeal, 2004
  • * Peremptory Norms of International Law and Reparation for Internationally Wrongful Acts, Baltic Yearbook of International Law, vol. 3, 2003, 19-55, cited by Judge Cancado-Trinidade in his concurring opinion in Sarayaku v Ecuador, Inter-American Ct HR
  • Treaties and Title to Territory, Cambridge Law Journal, March issue, 2003, 9-12
  • The Concept of International Judicial Jurisdiction: A Reappraisal, The Law and Practice of International Courts and Tribunals, vol. 3, Fall issue, 2003, 501-550
  • The Post-War Settlement in Iraq: The UN Security Council Resolution 1483(2003) and General International Law, Journal of Conflict and Security Law, vol. 8(2), 2003, 307-314
  • The Oil Platforms case (Iran v. USA), Case Review, International and Comparative Law Quarterly, July issue, 2004, 753-761
  • * The Impact of Peremptory Norms on Interpretation and Application of the UN Security Council Resolutions, European Journal of International Law, No 1, 2005, 59-88, cited by Judge Sajo of the European Court of Human Rights in Al-Dulimi v Switzerland
  • Judicial Competence and Judicial Remedies in the Avena case, Leiden Journal of International Law, No. 1, 2005, 31-48
  • The Assanidze case (ECtHR), case review, American Journal of International Law, January Issue, 2005, 222-230
  • International Public Order and the International Court’s Advisory Opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Archiv des Völkerrechts, No. 2, 2005, 240-256
  • The World Bank Inspection Panel in Context: Institutional Aspects of the Accountability of International Organisations, International Organisations Law Review, Second Issue, 2005, 57-102
  • Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory: Opinion and Reaction, Journal of Conflict and Security Law, No. 1, 2006, 119-139
  • The Idea of European International Law, European Journal of International Law, Volume 17, No. 2, 2006, 315-347
  • Armed Activities on the Territory of the Congo (DRC v Rwanda), case review, International and Comparative Law Quarterly, July issue, 2006, 753-763
  • Legal Stability and Claims of Change: The International Court’s Treatment of Jus ad Bellum and Jus in Bello, Nordic Journal of International Law, Third issue, 2006, 371-407
  • The Legal Framework of Peace Operations by Regional Organisations, International Peacekeeping: Yearbook of International Peace Operations, volume 11, 2006, 111-143
  • The International Court and “Its Freedom to Select the Ground upon which It Will Base its Judgment,” International and Comparative Law Quarterly, January issue, 2007, 171-184
  • State Immunity and International Public Order Revisited, German Yearbook of International Law, volume 49, 2006, 327-365
  • Interpretation of Jurisdictional Instruments in International Dispute Settlement, Law and Practice of International Courts and Tribunals, volume 6(1), 2007, 159-188
  • The Acts of the Security Council: Meaning and Standards of Review, Max-Planck Yearbook of United Nations Law, Volume 11, 2007, 143-195
  • Overlap and Convergence: The Interaction between Jus ad Bellum and Jus in Bello, Journal of Conflict and Security Law, volume 12(2), 2007, 157-196
  • State Immunity and Hierarchy of Norms: Why the House of Lords Got it Wrong, European Journal of International Law, Volume 18(5), 2007, 955-970
  • The Power of the UN Security Council to Determine the Existence of a “Threat to the Peace”, Irish Yearbook of International Law, Volume 1, 2006, 61-100
  • The Normative Basis of “Fair and Equitable Treatment”: General International Law on Foreign Investment? Archiv des Völkerrechts, No. 1, 2008, 74-105
  • The Interaction between Human Rights and Humanitarian Law: Fragmentation, Conflict, Parallelism or Convergence? European Journal of International Law, Volume 19(1), 2008, 161-182
  • The Al-Jedda case (House of Lords), case review, American Journal of International Law, April issue, 2008, 337-345
  • Natural Law and Customary Law, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Heidelberg JIL, MPI Heidelberg), 2008(1), 69-110
  • Between Impunity and Accountability for Serious International Crimes: Legal and Policy Approaches, Netherlands International Law Review, 2008, 207-232
  • Statehood, Recognition and the United Nations System: A Unilateral Declaration of Independence in Kosovo, Max-Planck Yearbook of United Nations Law, volume 12, 2008, 1-44
  • Principles of Treaty Interpretation in the NAFTA Arbitral Award on Canadian Cattlemen, 26 Journal of International Arbitration, 2009(1), 159-173
  • International Law and Geopolitics: One Object, Conflicting Legitimacies? 39 Netherlands Yearbook of International Law, 2008, 155-204 
  • (a) The Kosovo UDI between the Agreed Law and Subjective Perception: A Response to Hilpold, Chinese Journal of International Law, July issue 2009, 285-290; (b) Kosovo and the Pitfalls of Over-theorising International Law – Observations on Hilpold’s Rejoinder, Chinese Journal of International Law, November issue 2009, 589-592
  • Threat, Emergency, and Survival: The Legality of Emergency Action in International Law, Chinese Journal of International Law, June issue, 2010, 345-391
  • Division of Reparation between Responsible Entities, in J Crawford, A Pellet & S Olleson (eds.), The Law of International Responsibility (Oxford University Press, 2010), 647-665
  • Peremptory Norms as an Aspect of Constitutionalisation in the International Legal System, in S Muller & M Frishman (eds.), The Dynamics of Constitutionalism in the Age of Globalisation (TMC Asser Press, 2010), 153-180
  • Recent Practice on the Principles of Treaty Interpretation, in A Orakhelashvili & S Williams (ed.), 40 Years of the Vienna Convention on the Law of Treaties (BIICL, London 2010), 117-155
  • Unilateral Interpretation of Security Council Resolutions: UK Practice, 2 GoettingenJournal of International Law (2010), 823-842
  • Commentary to Article 30 of the 1969 Vienna Convention on the Law of Treaties (Application of successive treaties relating to the same subject matter), in P Klein & O Corten (eds.), Commentary to the Vienna Convention on the Law of Treaties, OUP 2011, 765-800
  • Commentary to Article 30 of the 1986 Vienna Convention on the Law of Treaties between States and International Organisations or between International Organisations (Application of successive treaties relating to the same subject matter), in P Klein & O Corten (eds.), Commentary to the Vienna Convention on the Law of Treaties, OUP 2011, 801-803
  • Four chapters in Orakhelashvili (Gen. Ed.), Research Handbook on Theory and History of International Law: (a) The Relevance of Theory and History – The Essence and Origins of International Law (3-22); (b) The Origins of Consensual Positivism – Pufendorf, Wolff and Vattel (93-110); (c) International Law, Politics and Ideology (327-377); (d) The 19th Century Life of International Law (441-455)
  • The Competence of the International Court of Justice and the Doctrine of the Indispensable Party: from Monetary Gold to East Timor and Beyond, 2(2) Journal for International Dispute Settlement (2011), 373-392
  • The International Court’s Advisory Opinion on UDI in Kosovo: Washing Away the “Foam on the Tide of Time”, Max-Planck Yearbook of United Nations Law, volume 15, 2011, 65-104
  • Immunities of State Officials, International Crimes, and Foreign Domestic Courts: A Reply to Dapo Akande and Sangeeta Shah, 22(3) European Journal of International Law (2011), 849-855
  • Hegemony, Multipolarity, and the System of International Law, in M Happold (ed.), International Law in a Multipolar World (Routledge, London 2011), 114-137
  • Jurisdictional Immunities of the State (Germany v Italy), case review, American Journal of International Law, July issue, 2012, 609-616
  • Peremptory Norms of the International Community: A Reply to Professor Conklin, European Journal of International Law, 23(3), 2012, 863-868
  • The Classification of International Legal Rules: A Reply to Stefan Talmon, Leiden Journal of International Law, 2013(1), 89-103
  • Substantive Applicable Law, Consensual Judicial Jurisdiction, and the Public Interest in International Litigation, Japanese Yearbook of International Law, 2012, 31-76
  • The Impact of the EU’s Unilateral Economic Sanctions on the UN Collective Security Framework, 40 Geostrategiques (2013), 121-140; also reproduced in P Berthelot (ed), Les sanctions internationales: entre légalité et réalité, L’Harmattan, Paris, 2015, 25-44
  • Human Rights Protection during Extra-territorial Military Operations: Perspectives at International and English Law, in N White & C Henderson (eds.), Research Handbook on Conflict and Security Law, Elgar 2013, 598-638
  • Scelle, Schmitt, Kelsen, Lauterpacht and the Continuing Relevance of their Inter-War Debate on Normativity, Nordic Journal of International Law 2014(1), 1-38
  • Responsibility and Immunities: Similarities and Differences between International Organisations and States, 11(1) International Organizations Law Review (2014), 114-171
  • Changing Jus Cogens through State Practice?—the Case of the Prohibition of the Use of Force and its Exceptions, in M Weller (ed.), Oxford Handbook on the Use of Force, OUP 2014, 157-175
  • The Dynamics of Statehood in the Practice of International and English Courts, C Chinkin & F Baetens (ed.)  Essays in Honour of James Crawford, 2015 (CUP), 172-191
  • The Impact of Unilateral EU Economic Sanctions on the UN Collective Security Framework: the Cases of Iran and Syria, A Marossi & M Basset, Law and Practice on Economic Sanctions, Asser Press/Springer, 2015, 3-21
  • Unlocking the Unreal: An Inter-disciplinary Take on Hedley Bull’s Notions of “International Society” and “International Order”, 14(1) Chinese Journal of International Law, March 2015, 15-55
  • State Practice, Treaty Practice and State Immunity in International and English Law, M Andenas & E Bjorge (ed.), A Farewell to Fragmentation: Reassertion and Convergence in International Law, Cambridge University Press 2015, 407-458
  • Five chapters in Orakhelashvili (Gen. Ed.), Research Handbook on Jurisdiction and Immunities International Law: State Jurisdiction in International Law: Complexities of a Basic Concept, 1-49; (b) State Immunity from Jurisdiction between Law, Comity, and Ideology, 151-184; (c) UK State Immunity Act 1978: History, Scope and Relation to International Law, 253-273; (d) Treaties on State Immunity: 1972 and 2004 Convention, 274-297; (e) Jurisdictional Immunity of International Organisations: from Abstract Functionality to Absolute Immunity, 497-528
  • Kosovo: The Post-Advisory Opinion Stage, 22 International Journal of Minority and Group Rights (2015), 486-510
  • Undesired, yet Omnipresent: Jus ad bellum in its relation to other areas of international law, Journal of the Use of force in international law (2)2015, 238-256
  • Parliamentary Sovereignty: A Doctrine Unfit for Purpose, 4(2015) Vienna Journal of International Constitutional Law, 483-513
  • Sanctions and Fundamental Rights of States: the Case of EU Sanctions against Iran and Syria, M Happold & P Eden, Sanctions and Embargoes in International Law (Hart, 2016), 13-36
  • Audience and Authority: The Merit of the Doctrine of Jus Cogens, Netherlands Yearbook of International Law, 2015, 115-145
  • Article 30 VCLT: Application of treaties relating to the same subject-matter, 31 ICSID Review: Foreign Investment Law Journal (2016), 344-365
  • UN Security Council Resolutions before UK Courts, 19 Max-Planck Yearbook of United Nations Law (2015), 39-64
  • Al-Dulimi v Switzerland, GC ECtHR, Case review, AJIL, October issue 2016, 767-774
  • Commissions of Inquiry and Traditional Means of Dispute Settlement, in C Henderson (ed), Commissions of Inquiry: Problems and Perspectives, Hart/Bloomsbury Publishing 2017, 119-144
  • Kosovo and intersecting legal regimes: An interdisciplinary analysis, 6(2) Global Constitutionalism (2007), 237-264

Encyclopaedia entries

  • Natural Law and Justice, Max Planck Encyclopaedia of Public International Law (published online in 2008, print edition OUP 2012), 8000 words
  • The Anglo-Iranian Oil Company case (UK/Iran), Max Planck Encyclopaedia of Public International Law (published online in 2008, print edition OUP 2012), 3200 words
  • Governmental Activities on Foreign Territory, Max Planck Encyclopaedia of Public International Law (published online in 2010, print edition OUP 2012), 6500 words

Editorial and other shorter contributions

  • Correspondence, 102 AJIL (2008), 319
  • Editorial: Kosovo and the United Nations System, 1 Journal of International Peacekeeping (2009), 3-5
  • Jus Cogens, The New Oxford Companion to Law (OUP 2008)
  • The Responsibility of Member-States Due to Wrongful Acts of International Organizations: Some Reflections (A Letter to the Editors, by invitation), Chinese Journal of International Law, 2014, 621-625

Online publication

Conference and seminar presentations

  • Panel Speaker, The Impact of Peremptory Norms of General International Law (jus cogens) on the Interpretation and Application of the UN Security Council Resolutions, presented at the International Law Association (ILA) British Branch Annual Conference, Reading, 11-12 April, 2003
  • Panel Speaker, International Litigation Relating to the Conflict in the African Great Lakes Region, presented at the Oxford Public International Law Discussion Group Seminar, Oxford, 16 February 2006
  • Speaker, From Al-Adsani to Jones: State Immunity and International Public Policy in Civil Proceedings, presented at London School of Economics, 2 November 2006
  • Speaker, The interaction between human rights and humanitarian law: a case of fragmentation? Presented at the Institute for International Law and Justice Colloquium, New York University (NYU), 26 February 2007
  • Panel Speaker, Acts of the Security Council: Meaning and Standards of Review, presented at the International Law Association (ILA) British Branch Annual Conference, Sussex University, Brighton, 20 April 2007
  • Chair and Commentator, Conference on Transitional Justice and International Law, Department of Politics, Oxford University, 22-23 June 2007
  • Panel Speaker, Peremptory Norms as an aspect of Constitutionalism in International Law, presented at the Conference on the Dynamics of Constitutionalism in Public International Law, organised by the Hague Academic Coalition (TMC Asser Institute, Clingendael Institute & Carnegie Foundation), Peace Palace, The Hague, 16 May 2008
  • Panel Speaker, Is Hegemony Sustainable in the International Legal System? Presented at the International Law Association (ILA) British Branch Annual Conference, Hull, 17-18 April 2009
  • Speaker, Judicial Review of International Decisions by International and National Courts, Naples University, Italy, 6 December 2010
  • Speaker, International Crimes, Human Rights Violations and the Subject-Matter Immunity of States and their Officials, ILA British Branch Seminar, Bristol, 29 November 2011
  •  Speaker, The Jurisdictional Immunities (Germany v Italy) case: judicial development of natural law, Oxford Public International Law Discussion Group Seminar, Oxford, New College, 23 February 2012
  • Panel Speaker, Recent Developments regarding Transnational Human Rights Litigation: Implications for National Courts, SLS Annual Conference, International Law Section, Bristol, 11 September 2012
  • Panel Speaker, State Practice, Treaty Practice and State Immunity, at the conference on From Fragmentation to Convergence, organised by the Centre Franco Norvegien en Sciences Sociales et Humaines, Paris, 31 January 2013
  • Panel Speaker, Sanctions and Fundamental Rights of States, Conference on Embargos and Sanctions: between Legality and Reality, organised at the Faculte Libre de Droit de Paris (6eme), Paris, 1 February 2013 (co-panellists included former UNSG B Boutros-Ghali and former foreign minister of France Roland Dumas)
  • Panel Speaker, Sanctions and Fundamental Rights of States, 22nd SLS/BIICL Conference, British Institute of International and Comparative Law, London, 29 April 2013
  • Panel Speaker, The Impact of Unilateral Sanctions on the UN Collective Security Framework, presented at the conference on "Sanctions relatives à la Non-Prolifération Nucléaire: Evaluation et appréciation des exigences et des conséquences", organised by Academie Geopolitique de Paris and held at Senate in the Palace of Luxembourg, 3 June 2013
  • Panel Speaker, EU Sanctions against Iran and Syria and their Impact on UN Collective Security Framework, presented at the conference on Unilateral Sanctions and International Law, organised by the Hague Centre for Law and Arbitration and held at the TMC Asser Institute at the Hague, 11 July 2013
  • Panel Speaker, The European Court of Human Rights in a Multi-level Context: between Interpretation and Normative Conflict, presented at the conference dedicated to the launch of Constituting Europe (G Ulfstein et al, CUP 2013), held at Middle Temple, London, 3 October 2013
  • Speaker, Responsibility and Immunities: Differences and Similarities between States and International Organisations, presented at Universidad Autonoma Madrid, Madrid, 11 December 2013
  • Panel Speaker, Kosovo: The Post-Advisory Opinion Stage, presented at the Conference on 21st Century Borders: Territorial Conflict and Dispute Resolution, Lancaster University, 14 June 2014
  • Panel Speaker, The Nature of Authority behind Sanctions: Implications of (Un)Constitutionality, presented at the conference on International Sanctions: Legal, Political and Business Implications, organised by the London Centre for International Legal Practice, Arundel House, London, 19 March 2015
  • Panel Speaker, Kosovo UDI and Intersecting Legal Regimes: An Inter-Disciplinary Approach” presented at the conference held at St Andrews University on independence and interdependent world, 4 June 2015
  • Speaker, Jus Cogens and the International Court’s Decision on Germany v Italy (2012), presented at the University of Kyoto (Japan), 13 June 2015
  • Panel Speaker, Responsibility for post-colonial injustices in international and English law, presented at the Ritsumeikan University at Kyoto (Japan), 14 June 2015
  • Panel Speaker, “Hybrid warfare”: parallel issues under jus ad bellum and jus in bello, presented at the conference on hybrid warfare, held at Lancaster University on 26 June 2015