EJIL: TALK!
In a decision published on 29 April 2021, the German Federal Constitutional Court joined other Courts around the world in their criticism of governments for failing to take efficient measures against climate change. The Court ruled that Germany’s Climate Protection Act of December 2019 is not sufficient to meet Germany’s obligations. The principle of sustainable EQUITABLE COVID VACCINE DISTRIBUTION AND Editor’s Note: This post was prepared in advance of my remarks for the 12 February 2021 Global Webinar of the Notre Dame Eck Institute of Global Health (“Are we all in this together? Assessing and addressing equitable access and distributive justice in global supply chains during major disease outbreaks”). By this time, US pharmaceutical companies COVID-19, THE RIGHT TO EDUCATION AND BANGLADESH The COVID-19 pandemic has brought in a paradigm shift in the understanding of human rights jurisprudence. Like many other human rights, the right to education is now continuously being rethought and renegotiated within the constant pulls of statist economic priorities and public health emergencies. In the context of Bangladesh, these pulls are rather strong. The COVID-19 AS A THREAT TO INTERNATIONAL PEACE AND SECURITY The rapid spread of COVID-19 and actions to contain the virus have understandably drawn parallels with previous outbreaks, in particular that of Ebola in West Africa in 2014 and of the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003 which also arose in China but affected Hong Kong more severely. While the SARS PORT DENIALS AND RESTRICTIONS IN TIMES OF PANDEMIC: DID Two months and a half after the World Health Organization declared the spread of the corona virus to be a public health emergency of international concern (PHEIC), the maritime world is facing a constantly increasing array of port restrictions and denials. States have adopted variously restrictive measures which range from indiscriminate prohibitions on access to GENDER-BASED PERSECUTION AS A CRIME AGAINST HUMANITY: A On 14 April 2021 the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) broke new ground: It accredited five LGBTI persons as victims of the Colombian armed conflict and resolved that their gender-based persecution might have amounted to a crime against humanity.The decision is pioneering for two reasons: First, the JEP declared its jurisdiction over this VIRAL MISINFORMATION AND THE FREEDOM OF EXPRESSION: PART Viral Misinformation and the Freedom of Expression: Part III. Written by Marko Milanovic. Editors’ note: this post is part of a series – see here for Part I and Part II. In my third, and final post in this series I will provide a provisional evaluation of the responses to Covid-19-related misinformation by states and online media companies THE ECTHR’S PENDING CLIMATE CHANGE CASE: WHAT’S ILL On 30 November, the Court made headlines when it communicated its first climate change case.The application was brought by six Portuguese children and young people, with the crowd-funded support of the Global Legal Action Network (GLAN). The respondents are 33 Member States of the Council of Europe, and the case – which was taken directly to the Court without exhausting domestic KALMA V AFRICAN MINERALS: ENGLISH COURT OF APPEAL JUDGMENT Over the last three years, the English courts have demonstrated an increasing willingness to accept jurisdiction over tort claims brought against UK multinationals in relation to human rights impacts in their overseas operations. This culminated last year in the Supreme Court’s judgment in Vedanta – heralded by some respected commentators as “the most important judicial RESIGNATION OF MUGABE: A MILITARY COUP OR A LEGITIMATE On 15 November 2017, following a rule of 37 years since the independence of Zimbabwe, President Mugabe was placed under house arrest by the army. A military spokesman appeared on state television to declare that the president was safe and that they were only “targeting criminals around him who are committing crimes that are causing
EJIL: TALK!
In a decision published on 29 April 2021, the German Federal Constitutional Court joined other Courts around the world in their criticism of governments for failing to take efficient measures against climate change. The Court ruled that Germany’s Climate Protection Act of December 2019 is not sufficient to meet Germany’s obligations. The principle of sustainable EQUITABLE COVID VACCINE DISTRIBUTION AND Editor’s Note: This post was prepared in advance of my remarks for the 12 February 2021 Global Webinar of the Notre Dame Eck Institute of Global Health (“Are we all in this together? Assessing and addressing equitable access and distributive justice in global supply chains during major disease outbreaks”). By this time, US pharmaceutical companies COVID-19, THE RIGHT TO EDUCATION AND BANGLADESH The COVID-19 pandemic has brought in a paradigm shift in the understanding of human rights jurisprudence. Like many other human rights, the right to education is now continuously being rethought and renegotiated within the constant pulls of statist economic priorities and public health emergencies. In the context of Bangladesh, these pulls are rather strong. The COVID-19 AS A THREAT TO INTERNATIONAL PEACE AND SECURITY The rapid spread of COVID-19 and actions to contain the virus have understandably drawn parallels with previous outbreaks, in particular that of Ebola in West Africa in 2014 and of the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003 which also arose in China but affected Hong Kong more severely. While the SARS PORT DENIALS AND RESTRICTIONS IN TIMES OF PANDEMIC: DID Two months and a half after the World Health Organization declared the spread of the corona virus to be a public health emergency of international concern (PHEIC), the maritime world is facing a constantly increasing array of port restrictions and denials. States have adopted variously restrictive measures which range from indiscriminate prohibitions on access to GENDER-BASED PERSECUTION AS A CRIME AGAINST HUMANITY: A On 14 April 2021 the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) broke new ground: It accredited five LGBTI persons as victims of the Colombian armed conflict and resolved that their gender-based persecution might have amounted to a crime against humanity.The decision is pioneering for two reasons: First, the JEP declared its jurisdiction over this VIRAL MISINFORMATION AND THE FREEDOM OF EXPRESSION: PART Viral Misinformation and the Freedom of Expression: Part III. Written by Marko Milanovic. Editors’ note: this post is part of a series – see here for Part I and Part II. In my third, and final post in this series I will provide a provisional evaluation of the responses to Covid-19-related misinformation by states and online media companies THE ECTHR’S PENDING CLIMATE CHANGE CASE: WHAT’S ILL On 30 November, the Court made headlines when it communicated its first climate change case.The application was brought by six Portuguese children and young people, with the crowd-funded support of the Global Legal Action Network (GLAN). The respondents are 33 Member States of the Council of Europe, and the case – which was taken directly to the Court without exhausting domestic KALMA V AFRICAN MINERALS: ENGLISH COURT OF APPEAL JUDGMENT Over the last three years, the English courts have demonstrated an increasing willingness to accept jurisdiction over tort claims brought against UK multinationals in relation to human rights impacts in their overseas operations. This culminated last year in the Supreme Court’s judgment in Vedanta – heralded by some respected commentators as “the most important judicial RESIGNATION OF MUGABE: A MILITARY COUP OR A LEGITIMATE On 15 November 2017, following a rule of 37 years since the independence of Zimbabwe, President Mugabe was placed under house arrest by the army. A military spokesman appeared on state television to declare that the president was safe and that they were only “targeting criminals around him who are committing crimes that are causing
EQUITABLE COVID VACCINE DISTRIBUTION AND ACCESS: ENFORCING Editor’s Note: This post was prepared in advance of my remarks for the 12 February 2021 Global Webinar of the Notre Dame Eck Institute of Global Health (“Are we all in this together? Assessing and addressing equitable access and distributive justice in global supply chains during major disease outbreaks”). By this time, US pharmaceutical companies SUSTAINABLE DEVELOPMENT MADE JUSTICIABLE: THE GERMAN In a decision published on 29 April 2021, the German Federal Constitutional Court joined other Courts around the world in their criticism of governments for failing to take efficient measures against climate change. The Court ruled that Germany’s Climate Protection Act of December 2019 is not sufficient to meet Germany’s obligations. The principle of sustainable ARMENIA V AZERBAIJAN BEFORE THE EUROPEAN COURT OF HUMAN Armenia v Azerbaijan before the European Court of Human Rights. On 28 September 2020, Armenia lodged a request for interim measures against Azerbaijan in view of the recent reignition of the conflict in and around the region of Nagorno-Karabakh. One day later, the European Court of Human Rights decided to apply Rule 39 of the Rules of the Court.
JUSTICIABILITY OF ‘IMPLICIT’ RIGHTS: DEVELOPMENTS ON THE On 6 February 2020, the Inter-American Court of Human Rights (IACtHR) issued a landmark judgment on the protection of environmental rights as directly justiciable (original in Spanish). For the first time, the IACtHR found state responsibility for violations of the right to a healthy environment, adequate food, water and cultural identity. Such responsibility was based AN INTERNATIONAL CRIME OF “ECOCIDE”: WHAT’S THE STORY Global momentum is growing for a collective meaningful effort to be made to tackle the increasing urgency of the climate emergency. In corporate boardrooms, shifting business priorities can be seen in recent shareholder action at ExxonMobil, Chevron and Total. International organisations are weighing in, with expert publications such as the International Energy Agency’s ‘Net Zero THE OGIEK CASE OF THE AFRICAN COURT ON HUMAN AND PEOPLES On Friday, May 26, the African Court on Human and Peoples’ Rights (African Court) delivered its long-awaited judgement on the expulsion of the Ogiek people, a Kenyan hunter-gatherer community, from their ancestral lands in the Mau forest. As the African Commission on Human and Peoples’ Rights (African Commission) did not manage to settle the conflict,
EJIL ANALYSIS
CAT’s Defiance in Response to State Pushback In Part I of our analysis of the new CAT General Comment, we noted that state pushback on a range of issues, for example diplomatic assurances and post deportation redress, was successful as evidenced by the committee’s amendments to the now adopted GC. In this post, we discuss EXTRATERRITORIAL APPLICATION This post is part of a series: Intro, Part 2, Part 3, Part 4, Part 5. One robust feature of US legal discourse is an emphasis on citizenship as a basis for fundamental rights. This is true not only of case law (viz. the US Supreme Court’s holding in Verdugo-Urquidez, dealing with a search by
EJIL ANALYSIS
It is official now: history does repeat itself. In 1990, the military regime in Burma, now Myanmar, held elections. To their surprise, the democratic opposition in the shape of the National League of Democracy (NLD) achieved an overwhelming victory. JAMES O’BRIEN
James O'Brien is Vice Chair of Albright Stonebridge Group (ASG) and leads the firm's Europe practice. A founder of the firm, he has worked extensively on issues affecting consumer goods, health, entertainment, environment, media (including free speech), information technology, telecommunications, and finance sectors. EJIL: TALK!
In a decision published on 29 April 2021, the German Federal Constitutional Court joined other Courts around the world in their criticism of governments for failing to take efficient measures against climate change. The Court ruled that Germany’s Climate Protection Act of December 2019 is not sufficient to meet Germany’s obligations. The principle of sustainable EQUITABLE COVID VACCINE DISTRIBUTION AND Editor’s Note: This post was prepared in advance of my remarks for the 12 February 2021 Global Webinar of the Notre Dame Eck Institute of Global Health (“Are we all in this together? Assessing and addressing equitable access and distributive justice in global supply chains during major disease outbreaks”). By this time, US pharmaceutical companies MAKING HUMANITY GREATER AGAIN: SELF-EVOLVING AND SELF Making Humanity Greater Again: Self-evolving and self-perfecting. January 20, 2021 is an important date in the history of the United States. It could be an important date in the history of the human world. The neo-isolationism of the previous administration was unusual even by American standards. It succeeded in disrupting all kinds of COVID-19 AS A THREAT TO INTERNATIONAL PEACE AND SECURITY The rapid spread of COVID-19 and actions to contain the virus have understandably drawn parallels with previous outbreaks, in particular that of Ebola in West Africa in 2014 and of the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003 which also arose in China but affected Hong Kong more severely. While the SARS ARE COVID-19 RELATED TRADE RESTRICTIONS WTO-CONSISTENT Countries dealing with the economic and public health-related impacts of COVID-19 have adopted a markedly nationalist approach to their response. More than 80 governments have placed restrictions of some sort (with many of those being notified to the WTO Secretariat) on the export of personal protective equipment and medication necessary to treat those affected by A NEW CLASSIC IN CLIMATE CHANGE LITIGATION: THE DUTCH The judgment of the Dutch Supreme Court in State of the Netherlands v Urgenda is a landmark for future climate change litigation. On the 20 th of December 2019, the Supreme Court held that on the basis of the European Convention on Human Rights (ECHR) the Netherlands has a positive obligation to take measures for the prevention of climate change and that it has to reduce its THE ECTHR’S PENDING CLIMATE CHANGE CASE: WHAT’S ILL On 30 November, the Court made headlines when it communicated its first climate change case.The application was brought by six Portuguese children and young people, with the crowd-funded support of the Global Legal Action Network (GLAN). The respondents are 33 Member States of the Council of Europe, and the case – which was taken directly to the Court without exhausting domestic KALMA V AFRICAN MINERALS: ENGLISH COURT OF APPEAL JUDGMENT Over the last three years, the English courts have demonstrated an increasing willingness to accept jurisdiction over tort claims brought against UK multinationals in relation to human rights impacts in their overseas operations. This culminated last year in the Supreme Court’s judgment in Vedanta – heralded by some respected commentators as “the most important judicial MORE ON PUBLIC INTERNATIONAL LAW AND INFECTIOUS DISEASES In his recent post on the 2018-2019 Ebola Outbreak in the Democratic Republic of Congo, Mr. Villarreal inter alia mentions the connection between the International Health Regulations (IHR) and international human rights law, arguing that states’ obligations under the IHR are to be read in conjunction with those under the International Covenant on Economic, Social
ALEXANDER BECK AND CHRISTOPHER KUNER Alexander Beck has been a Senior Legal Officer in UNHCR’s Division of International Protection over the last five years and was also UNHCR’s first Data Protection Officer. He since then moved on to become the Senior Protection Officer in UNHCR’s Branch Office in Algiers/Algeria. He holds the German bar exam, a Master in international law from the University Aix-Marseille, and an LL.M. in EJIL: TALK!
In a decision published on 29 April 2021, the German Federal Constitutional Court joined other Courts around the world in their criticism of governments for failing to take efficient measures against climate change. The Court ruled that Germany’s Climate Protection Act of December 2019 is not sufficient to meet Germany’s obligations. The principle of sustainable EQUITABLE COVID VACCINE DISTRIBUTION AND Editor’s Note: This post was prepared in advance of my remarks for the 12 February 2021 Global Webinar of the Notre Dame Eck Institute of Global Health (“Are we all in this together? Assessing and addressing equitable access and distributive justice in global supply chains during major disease outbreaks”). By this time, US pharmaceutical companies MAKING HUMANITY GREATER AGAIN: SELF-EVOLVING AND SELF Making Humanity Greater Again: Self-evolving and self-perfecting. January 20, 2021 is an important date in the history of the United States. It could be an important date in the history of the human world. The neo-isolationism of the previous administration was unusual even by American standards. It succeeded in disrupting all kinds of COVID-19 AS A THREAT TO INTERNATIONAL PEACE AND SECURITY The rapid spread of COVID-19 and actions to contain the virus have understandably drawn parallels with previous outbreaks, in particular that of Ebola in West Africa in 2014 and of the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003 which also arose in China but affected Hong Kong more severely. While the SARS ARE COVID-19 RELATED TRADE RESTRICTIONS WTO-CONSISTENT Countries dealing with the economic and public health-related impacts of COVID-19 have adopted a markedly nationalist approach to their response. More than 80 governments have placed restrictions of some sort (with many of those being notified to the WTO Secretariat) on the export of personal protective equipment and medication necessary to treat those affected by A NEW CLASSIC IN CLIMATE CHANGE LITIGATION: THE DUTCH The judgment of the Dutch Supreme Court in State of the Netherlands v Urgenda is a landmark for future climate change litigation. On the 20 th of December 2019, the Supreme Court held that on the basis of the European Convention on Human Rights (ECHR) the Netherlands has a positive obligation to take measures for the prevention of climate change and that it has to reduce its THE ECTHR’S PENDING CLIMATE CHANGE CASE: WHAT’S ILL On 30 November, the Court made headlines when it communicated its first climate change case.The application was brought by six Portuguese children and young people, with the crowd-funded support of the Global Legal Action Network (GLAN). The respondents are 33 Member States of the Council of Europe, and the case – which was taken directly to the Court without exhausting domestic KALMA V AFRICAN MINERALS: ENGLISH COURT OF APPEAL JUDGMENT Over the last three years, the English courts have demonstrated an increasing willingness to accept jurisdiction over tort claims brought against UK multinationals in relation to human rights impacts in their overseas operations. This culminated last year in the Supreme Court’s judgment in Vedanta – heralded by some respected commentators as “the most important judicial MORE ON PUBLIC INTERNATIONAL LAW AND INFECTIOUS DISEASES In his recent post on the 2018-2019 Ebola Outbreak in the Democratic Republic of Congo, Mr. Villarreal inter alia mentions the connection between the International Health Regulations (IHR) and international human rights law, arguing that states’ obligations under the IHR are to be read in conjunction with those under the International Covenant on Economic, Social
ALEXANDER BECK AND CHRISTOPHER KUNER Alexander Beck has been a Senior Legal Officer in UNHCR’s Division of International Protection over the last five years and was also UNHCR’s first Data Protection Officer. He since then moved on to become the Senior Protection Officer in UNHCR’s Branch Office in Algiers/Algeria. He holds the German bar exam, a Master in international law from the University Aix-Marseille, and an LL.M. in COVID-19 AND DEFENCES IN THE LAW OF STATE RESPONSIBILITY As at 16 March 2020, there were nearly 165.000 confirmed cases of COVID-19, and 6.470 deaths in 146 countries or territories. The outbreak was declared a Public Health Emergency of International Concern by the Director-General of the WHO on 30 January 2020 which, according to the 2005 International Health Regulations, is an ‘extraordinary event’ which, MAKING HUMANITY GREATER AGAIN: SELF-EVOLVING AND SELF Making Humanity Greater Again: Self-evolving and self-perfecting. January 20, 2021 is an important date in the history of the United States. It could be an important date in the history of the human world. The neo-isolationism of the previous administration was unusual even by American standards. It succeeded in disrupting all kinds of THE NEW PALESTINIAN REFUGEES According to numbers The Guardian published on May 17, 2021, the current Israeli attack on Gaza has killed 200 Palestinians, including 59 children. 34,000 have been displaced from their homes. It is hard to assess the accuracy of these numbers. Very likely, the death toll will be higher: the violence has not ebbed, and bodies will be exhumed from the rubble (for updates see Palestinian SUSTAINABLE DEVELOPMENT MADE JUSTICIABLE: THE GERMAN In a decision published on 29 April 2021, the German Federal Constitutional Court joined other Courts around the world in their criticism of governments for failing to take efficient measures against climate change. The Court ruled that Germany’s Climate Protection Act of December 2019 is not sufficient to meet Germany’s obligations. The principle of sustainable TWO WEEKS IN REVIEW, 24 MAY The Oxford Statement on International Law Protections in Cyberspace: The Regulation of Information Operations and Activities The Oxford Institute for Ethics Law and Armed Conflict (ELAC) again convened different stakeholders in the ‘Oxford Process on International Law Protections in Cyberspace’ this time addressing the international regulation of ‘information operations and activities THE NTAGANDA APPEAL JUDGMENT AND THE MEANING OF ‘ATTACK One of the many interesting issues raised by the ICC’s recent Ntaganda appeal judgment, and the subject of this post, is whether war crimes referring to ‘attacks’ require a nexus to hostilities.. IHL has traditionally distinguished between protecting persons from the conduct of hostilities (Hague law) and protecting persons in the power of a belligerent (Geneva law). MILIEUDEFENSIE V SHELL: DO OIL CORPORATIONS HOLD A DUTY TO On 26 May 2021, the District Court of the Hague passed a judgment recognizing an obligation of Royal Dutch Shell to mitigate climate change. Shell was ordered to reduce all carbon dioxide (CO2) resulting from its global operations—including those from the combustion of oil-and-gas products by its customers—by 45 percent by 2030, compared with 2019.
SELF DEFENCE
Donald Trump has threatened Syria with a ‘big price to pay’ for an alleged chemical attack on 7 April in a Damascus suburb. Last year, in similar circumstances, Trump authorized an attack of 59 Tomahawk missiles that reportedly killed 9, including 4 children. The French and German governments responded with a joint press release finding SELF DEFENCE
On 14 November, a day after the terrorist atrocity in Paris, a number of key states, including the US and Russia, met in Vienna. The delegates assembled there committed themselves to work towards a comprehensive cease-fire in Syria by the New Year. However, even if peace can be made between government and opposition in Syria, EXTRATERRITORIAL APPLICATION Yesterday the Grand Chamber of the European Court of Human Rights rendered its admissibility decision in the interstate claim brought by Ukraine against Russia regarding systematic human rights violations allegedly committed by the latter in Crimea. This is one of several interstate cases brought by Ukraine against Russia; others deal, for example, with the situation EJIL:Talk!
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FEATURED
A DANGEROUS CONVERGENCE: THE INEVITABILITY OF MASS SURVEILLANCE IN EUROPEAN JURISPRUDENCE June 4, 2021
Monika Zalnieriute
Recent Grand Chamber judgments in Big Brother Watch and Others v. United Kingdom and Centrum för Rättvisa v. Sweden held that some aspects of the UK’s and Sweden’s domestic surveillance regimes violated Articles 8 and 10 of the European Convention on Human Rights (“ECHR”). Despite the findings of violation due to insufficient safeguards, the Grand Chamber asserted that “bulk interception is of vital importance to Contracting States in identifying threats to their national security” and “no alternative or combination of alternatives would be sufficient to substitute for the bulk interception power” (BBW ¶ 166; CFR ¶ 365). As has already been discussed on EJIL: Talk!, the judgments normalize mass surveillance regimes for decades to come (see here). An Emerging Convergence: Procedural Fetishism In this post, I do not discuss the judgment in detail or repeat the same argument about the normalization of mass surveillance (although I strongly agree with it). Instead, I suggest that ECtHR’s approach in Big Brother Watch… Read more
RECENT COMMENTS
THE OXFORD STATEMENT ON INTERNATIONAL LAW PROTECTIONS IN… Rytis Satkauskas - June 3, 2021 at 12:39 I would like to thank ELAC for your work promoting international law in cyber world. In light of the general understanding of the responsibility of a state to ensure that… Read the full article BREAKING NEW GROUND - AGAIN? THE CERD COMMITTEE’S… Nicolas Boeglin - June 2, 2021 at 17:20 Dear Professor Eiken: Congratulations for this excellent post on this CERD' s decision poorly reported in medias and specialized sites on Human Rights. I take the oportunity to refer you… Read the full article AERIAL INCIDENT OF 23 MAY 2021: BELARUS AND… Miles Jackson - May 31, 2021 at 13:18 Hi Paula, Thank you very much for your comment. I will look again at Article 4 of the Tokyo Convention. Agreed - it will be interesting to see what develops… Read the full article AERIAL INCIDENT OF 23 MAY 2021: BELARUS AND… Dmitrii Kouznetsov - May 29, 2021 at 17:36 Dear Miles Jackson. Dear Antonios Tzanakopoulos. Thank you for the links and the analysis. I still have doubts about bomb on board of Boeing 737-8AS performing regular flight FR4978 2021.05.23.… Read the full article ◉ ◉ ◉ ◉
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THE IMF, WTO, WORLD BANK, AND WHO ALL COME AROUND? MULTILATERAL UNITY AGAINST INEQUITABLE GLOBAL COVID VACCINE DISTRIBUTION, BUT STILL SANS HUMAN RIGHTS
June 3, 2021
Diane Desierto
Sometimes, they do come around, albeit so narrowly. Back in February 2021, I argued that international law (specifically based on the International Covenant on Economic, Social, and Cultural Rights, and the Right to Development presently being codified in the draft Convention on the Right to Development) compels States and non-State actors to design equitable COVID Vaccine Distribution… Read more
MILIEUDEFENSIE V SHELL: DO OIL CORPORATIONS HOLD A DUTY TO MITIGATE CLIMATE CHANGE?
June 3, 2021
Benoit Mayer
On 26 May 2021, the District Court of the Hague passed a judgment recognizing an obligation of Royal Dutch Shell to mitigate climate change. Shell was ordered to reduce all carbon dioxide (CO2) resulting from its global operations—including those from the combustion of oil-and-gas products by its customers—by 45 percent by 2030, compared with 2019.
Read more
THE OXFORD STATEMENT ON INTERNATIONAL LAW PROTECTIONS IN CYBERSPACE: THE REGULATION OF INFORMATION OPERATIONS AND ACTIVITIES June 2, 2021
Dapo Akande
Antonio Coco
Talita de Souza Dias Duncan Hollis
James O'Brien
Tsvetelina van Benthem The Internet has allowed the dissemination of content across the globe in a matter of seconds. Recommendation algorithms, found in social media platforms and search engines, have also dangerously amplified the reach of false, misleading, and violent content (see here, here, and here). Because they are geared towards… Read more
Trending Topics
Cyber International Economic Law THE OXFORD STATEMENT ON INTERNATIONAL LAW PROTECTIONS IN CYBERSPACE: THE REGULATION OF INFORMATION OPERATIONS AND… June 2, 2021
Dapo Akande Antonio Coco Talita de Souza Dias Duncan Hollis James O'Brien Tsvetelina van Benthem
The Internet has allowed the dissemination of content across the globe in a matter of seconds. Recommendation algorithms, found in social media platforms and search engines, have also dangerously amplified the reach of false, misleading, and violent content (see here, here, and…
Read more
EVEN ‘CYBER WARS’ HAVE LIMITS. BUT WHAT IF THEY DIDN’T? March 9, 2021
Tilman Rodenhäuser Kubo Mačák In today’s digitalizing world, States and non-State armed groups increasingly employ cyber capabilities in their military operations, and their use is likely to grow. Still, there is a debate – most prominently in the framework of the two multilateral processes under the auspices of the United Nations –… Read more
PROTECTING SOCIETIES - ANCHORING A NEW PROTECTION DIMENSION IN INTERNATIONAL LAW DURING ARMED CONFLICT: AN… February 23, 2021
Robin Geiß Henning Lahmann Adversarial military cyber operations carried out during armed conflict can affect the functioning of civilian societies in unprecedented ways, challenging the protective reach of international humanitarian law (IHL). In light of this, we argue for a recognition of new protection needs to shield critical societal processes from military…
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THE DRAFT WTO AGREEMENT ON FISHERIES SUBSIDIES: ARE WE CLOSING THE NET?
June 1, 2021
Callum Musto
On 11 May the chair of the World Trade Organization (WTO)’s fisheries subsidies negotiations released a draft text designed to spur the final stage of negotiations toward final agreement. Talks on fisheries subsidies have been on the WTO’s ledger since 2001 and have been conducted in earnest since… Read more
UNCITRAL AND ISDS REFORM (ONLINE): CROSSING THE CHASM February 17, 2021
Anthea Roberts Taylor St John To text or not to text? That is the question. Or, rather, that was the question at UNCITRAL when Working Group III resumed its deliberations online last week. The Working Group’s focus was structural reforms, first selection and appointment of permanent or fixed-term adjudicators, then an appellate mechanism. Read more
THE EU-CHINA COMPREHENSIVE AGREEMENT ON INVESTMENT: A TALE OF SOUND AND FURY
February 9, 2021
Mark Konstantinidis
On December 30, the European Commission announced that the European Union and China had reached an agreement in principle on investment, nearly seven years after negotiations began. This was met with shock, if not fury— and that was even before the agreement was published. Those hoping for…
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A DANGEROUS CONVERGENCE: THE INEVITABILITY OF MASS SURVEILLANCE IN EUROPEAN JURISPRUDENCE June 4, 2021
Monika Zalnieriute
Recent Grand Chamber judgments in Big Brother Watch and Others v. United Kingdom and Centrum för Rättvisa v. Sweden held that some aspects of the UK’s and Sweden’s domestic surveillance regimes violated Articles 8 and 10 of the European… Read more
THE IMF, WTO, WORLD BANK, AND WHO ALL COME AROUND? MULTILATERAL UNITY AGAINST INEQUITABLE GLOBAL… June 3, 2021
Diane Desierto
Sometimes, they do come around, albeit so narrowly. Back in February 2021, I argued that international law (specifically based on the International Covenant on Economic, Social, and Cultural Rights, and the Right to Development presently being codified in the draft Convention on the Right to Development) compels… Read more
MILIEUDEFENSIE V SHELL: DO OIL CORPORATIONS HOLD A DUTY TO MITIGATE CLIMATE CHANGE?
June 3, 2021
Benoit Mayer
On 26 May 2021, the District Court of the Hague passed a judgment recognizing an obligation of Royal Dutch Shell to mitigate climate change. Shell was ordered to reduce all carbon dioxide (CO2) resulting from its global operations—including those from the combustion of oil-and-gas products… Read more
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THE SHEER AWFULNESS OF JULIAN ASSANGE December 1, 2012 Marko Milanovic Julian Assange gave an interview to the BBC yesterday – available here – which I commend to readers; it’s only 10 minutes long. Assange has of course had a long history of Messianic self-victimization and refusing to submit to legal process in Sweden and the…
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THE IRANIAN RESPONSE TO THE UK RIOTS August 20, 2011 Dapo Akande Earlier this week, Bill Schabas had a very interesting post considering whether the recent riots in the UK amounted to crimes against humanity. He reflects on the Rome Statute’s requirement for a “State or organizational policy”, on how complementarity would apply when persons are prosecuted for… Read more
PAINFUL RELATIONS BETWEEN THE COUNCIL OF EUROPE AND RUSSIA September 28, 2018 Andrew Drzemczewski Kanstantsin Dzehtsiarou During the forthcoming October part-session of the Parliamentary Assembly of the Council of Europe (PACE), it will vote on amending its rules of procedure. Normally such technical changes do not attract much public interest but this vote certainly will. Due to inappropriate pressure, considered by many as blackmail,… Read more
JUSTICE FOR SYRIA? OPPORTUNITIES AND LIMITATIONS OF UNIVERSAL JURISDICTION TRIALS IN GERMANY August 12, 2016 Patrick Kroker & Alexandra Lily Kather During the ongoing conflict in Syria, horrific international crimes are being committed on a daily basis. With impunity for these crimes prevailing on an international level, the attention of Syrian and international actors is turning towards trials under the principle of universal jurisdiction in national courts. This blog… Read more
IS THERE GENERAL INTERNATIONAL HUMAN RIGHTS LAW? October 16, 2014 Sir Nigel Rodley Sir Nigel Rodley KBE, PhD (Essex) is Professor of Law and Chair of the Human Rights Centre at the University of Essex. He is also Chair of the UN Human Rights Committee. One can’t begin to answer this question without posing… Read more
WITH WHOM CAN I SHARE DATA? APPLYING THE GDPR TO TRANSFERS OF DATA TO INTERNATIONAL ORGANISATIONS March 23, 2021 Claire EM Jervis Introduction The Coronavirus pandemic has thrown International Organisations (IOs) such as the World Health Organisation (WHO) into the spotlight. Critics ask whether they suffer from undue political influence or unhelpful political apathy. A more prosaic question the crisis raises, however, concerns the rules that apply to… Read more
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