Lessons for the EU Directive on Corporate Sustainability Due Diligence from the German Supply Chain Act
28.03.2022
Philip Nedelcu
Stefan Schäferling
On February 23, 2022, the European Commission published its proposal for a directive on corporate sustainability due diligence (EC Draft). While the document presented by the Commission is only a...
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The ICJ Order in Ukraine v. Russia
28.03.2022
On March 16th, 2022, the principal judicial organ of the United Nations (UN), the International Court of Justice (ICJ), handed over its Order on provisional measures in the case concerning...
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The Individual Expressions of Judges in the ICJ Provisional Measures Order in Ukraine v. Russia
19.03.2022
Last Wednesday, the International Court of Justice (ICJ) issued its much-awaited order on provisional measures in the case brought by Ukraine against Russia’s military invasion. The Court decided on three...
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Of Bullshit, Lies and ‘Demonstrably Rubbish’ Justifications in International Law
18.03.2022
In an essay titled ‘The Importance of International Law’, Sir Arthur Watts raised the interesting question of why states feel that they have to provide legal justifications for their actions...
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“No chemical or any other weapons of mass destruction were developed on my land”
17.03.2022
Ideally, political actions and decisions should be based on a transparent, solid, and credible factual foundation. When different participants pursue different interests, this ideal runs at risk of being compromised,...
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„No chemical or any other weapons of mass destruction were developed on my land”
17.03.2022
Idealerweise sollten politische Handlungen und Entscheidungen auf einer transparenten, soliden und glaubwürdigen Faktengrundlage beruhen. Wo Akteure unterschiedliche Interessen verfolgen, läuft dieses Ideal Gefahr, unter die Räder zu kommen; sei es,...
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The Emergency Special Session on Ukraine
17.03.2022
On March 2nd 2022, the UN General Assembly (GA), convened by the Security Council (SC) for an Emergency Special Session on Ukraine, adopted a resolution that, inter alia, demanded the...
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On Critique and Renewal in Times of Crisis
16.03.2022
Barrie Sander
Immi Tallgren
Many of us are struggling to absorb the news coming out of Ukraine. Putin’s reckless and unjustified invasion has already generated significant loss of life, millions of refugees, and nuclear...
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Between Relief and War Crimes
16.03.2022
As the illegal Russian invasion of Ukraine has entered its third week, Russian forces continue their assaults against key Ukrainian cities. Amid heavy fighting, Ukraine and Russia agreed to establish...
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The Weaponisation of International Law in Ukraine
15.03.2022
A provocative feature of Russia’s invasion of Ukraine has been invocation by Russian officials of the legal language of “sovereignty”, “self-defence”, “genocide” and of “international law” itself. In tactical terms,...
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Media Pluralism in the Americas
14.03.2022
In its first judgment on community radio broadcasting, notified on 17 December 2021, the Inter-American Court (Court or IACtHR) indicated that states are obliged to guarantee access to radio broadcasting...
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Parting Paths – Russia’s Inevitable Exit From the Council of Europe
12.03.2022
Isabella Risini
Andrew Forde
Since 24 February 2022, Europe has been shaken by the Russian invasion of Ukraine. This blatant violation of international law led to the suspension of Russia’s rights of representation at...
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Neither Neutral nor Party to the Conflict?
09.03.2022
Russia's attack on Ukraine marks a profound turning point in Germany's foreign and security policy. For the first time, Germany supplies weapons to a party to an armed conflict. At...
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Weder neutral noch Konfliktpartei?
09.03.2022
Der Angriff Russlands auf die Ukraine markiert eine tiefgreifende Zäsur in der Außen- und Sicherheitspolitik Deutschlands. Erstmals werden Waffen an eine Partei eines bewaffneten Konflikts geliefert, die Militärausgaben sollen massiv...
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How Are Nuclear Power Plants Protected by Law During War?
07.03.2022
The world held its breath when, on the morning of March 4, 2022, reports became public that Russian military forces had attacked the largest nuclear power plant in Zaporizhzhia in...
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Wie sind Atomkraftwerke im Krieg durch das Recht geschützt?
07.03.2022
Die Welt hielt den Atem an, als am Morgen des 4. März 2022 bekannt wurde, dass die russischen Streitkräfte das größte Atomkraftwerk in Zaporizhzhia in der Ukraine in der Nacht...
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Russia Has Not Breached the Jus Contra Bellum in 2022; It Did in 2014
07.03.2022
There is hardly any doubt that the Russian Federation’s invasion of Ukraine started on 24 February 2022 is a blatant violation of international law. According to the news arriving from...
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To Close or Not to Close
04.03.2022
This analysis by Nilüfer Oral first appeared on the NUS-CIL blog and is a revised and updated version of the original text. President Zelensky’s Request to Turkey to Invoke...
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More than Names and Numbers?
04.03.2022
On Monday, the Ukrainian representative on the Governmental Advisory Committee of the Internet Corporation for Assigned Names and Numbers (ICANN) sent an e-mail asking the President and CEO of ICANN...
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The Sadly Neglected Crime of Aggression
03.03.2022
International criminal law has experienced an unexpected renaissance in the domestic sphere in recent years. There has been a lot of buzz surrounding Germany’s consistent application of universal jurisdiction in...
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Vereint gegen den Krieg
03.03.2022
„Resolution ES-11/1 adopted“: mit einem lakonischen Tweet verkündete gestern Nachmittag der Vorsitzende der UN-Generalversammlung, dass die Weltgemeinschaft in einer Notstandssitzung den Angriff Russlands auf die Ukraine verurteilt hat. 141 Staaten...
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Uniting for Peace
03.03.2022
Tamsin Phillipa Paige
Rob McLaughlin
In the last week, we’ve seen Russia launch a full-scale invasion into Ukraine, constituting a clear breach of the prohibition on the use of force and an act of aggression....
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From Grey Zones to Red Lines
01.03.2022
On 25 February, in accordance with Article 8 of the Statute of the Council of Europe (CoE), the Committee of Ministers suspended Russia’s rights of representation for seriously violating Article...
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Russia’s Recognition of the DPR and LPR as Illegal Acts under International Law
24.02.2022
On 21 February 2022, following a televised address, President of the Russian Federation Vladimir Putin signed the decrees recognising the Donetsk People’s Republic (DPR) and Luhansk People’s Republic (LPR) – two Ukrainian breakaway territories,...
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Seeking the Holy Grail?
23.02.2022
UN talks on Lethal Autonomous Weapon Systems (LAWS) have been ongoing since 2014. Regardless of intense academic engagement on the topic as well as civil society pressure, last year the...
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Even the Eagle does not Fly Higher than the Sun
21.02.2022
Kirsten Schmalenbach
Sara Wissmann
An old Russian expression goes "Даже орел не летает выше солнца" ("Even the eagle does not fly higher than the sun"). This piece of wisdom should be kept in mind...
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Fiddling (With Ecocide) While Rome (and Everywhere Else) Burns
18.02.2022
Völkerrechtsblog has published another post on ecocide, this one entitled “Ecocide – Legal Revolution or Symbolism?” Written by Romina Pezzot and Jan-Phillip Graf, the post argues that, if adopted by...
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The Armed Lifeboat Between Glasgow and Bruzgi
14.02.2022
During the last three days of COP26, a group of about 2,000 asylum seekers was stranded in a makeshift camp on the Belarusian side of Bruzgi, the international border crossing...
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The Hobbesian State of Nature as Cautionary Tale
09.02.2022
In his contribution related to Carmen Pavel’s book, Law Beyond the State, my good friend and colleague Kostia Gorobets suggests Doing Away with Hobbes. However, his depiction of Hobbes’s premises...
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The End of the Al-Khatib Trial
07.02.2022
Susann Aboueldahab
Fin-Jasper Langmack
A German version of this article was previously published here on 14 January. January 13, 2022 marked the end of the world’s first trial on state torture in Syria....
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Verfassungsrechtliche Verantwortlichkeit in der Klimakrise
01.02.2022
Ein unterschätzter Entscheidungsaspekt Kaum eine Gerichtsentscheidung der jüngeren Vergangenheit hat so viel Aufruhr verursacht wie der Klimabeschluss (1 BvR 2656/18) des Bundesverfassungsgerichts vom März letzten Jahres. Nicht nur im schnelllebigen...
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Don’t Stick to a Fossil Treaty – Pull the Plug on the Energy Charter Treaty
31.01.2022
Claudia Müller-Hoff
Laura Duarte
On the basis of the ECT treaty, companies like RWE claim billions from the Dutch state because they have to close their coal-fired power plants under the Dutch coal-exit law...
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Raus aus dem fossilen Zeitalter – Zieht dem Energiecharta-Vertrag den Stecker!
31.01.2022
Claudia Müller-Hoff
Laura Duarte
Auf der Grundlage des Energiecharta-Vertrags fordern Unternehmen wie RWE Milliarden vom niederländischen Staat, weil sie nach dem niederländischen Kohleausstiegsgesetz von 2019 ihre Kohlekraftwerke schließen müssen. Doch der Europäische Gerichtshof entschied,...
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Having its (Strasbourg) Cake, and Eating It
26.01.2022
The UK government has proposed replacing its domestic rights charter, the 1988 Human Rights Act, with a new ‘Bill of Rights’. This may further destabilise its already turbulent relationship with...
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The Minimum Principle
19.01.2022
‘A politician (…) thinks of the next election, while the statesman thinks of the next generation,’ James Freeman Clarke wrote in an 1870 essay with the pressing title Wanted, a...
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Das Ende des Al-Khatib-Verfahrens
14.01.2022
Susann Aboueldahab
Fin-Jasper Langmack
Am 13. Januar 2022 endete der weltweit erste Prozess wegen Staatsfolter in Syrien. Das OLG Koblenz verurteilte Anwar R. zu lebenslanger Haft wegen Tötung, Folter, schwerwiegender Freiheitsberaubung, Vergewaltigung und sexueller...
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Critiques of International Criminal Law Revisited in the Light of the Rome Statute
10.01.2022
As 2021 marked the 75th anniversary of the first international criminal trial in Nuremberg, this post will reflect on the current state of international criminal law (ICL). The conventional wisdom...
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The Problem with Using Sanctions as Human Rights Accountability
04.01.2022
In November 2021, the United States unveiled a flurry of sanctions in response to human rights and humanitarian law violations in the year-long armed conflict in northern Ethiopia. The conflict...
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Truly Historic
17.12.2021
Alexandra Lily Kather
Johanna Groß
In-between the expectations of the international community and domestic rule of law realties, the Higher Regional Court of Frankfurt sentenced Taha Al J. to life imprisonment in a historic verdict....
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Unfinished Business
10.12.2021
Hannah Birkenkötter
Raffaela Kunz
Dana Schmalz
It is Human Rights Day, again – an occasion to reflect on the state of academic debate about human rights. After a phase of significant human rights critiques, the debate has increasingly...
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Remembering Professor Rudolf Bernhardt
09.12.2021
Professor Rudolf Bernhardt, former President of the European Court of Human Rights and former director of the Max-Planck-Institute for Comparative Public Law and International Law died on 1 December 2021...
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Bringing Order to Orbital Chaos?
07.12.2021
Sanchit Anand
Rajeshwari Suryakanth Nagamarpalli
Veronica Miele
Audrey Danthinne
Three weeks ago, on 15 November 2021, a Russian anti-satellite (ASAT) weapons test was reported, raising serious legal and political questions about the prohibition of the use of force in outer space. Not...
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It’s All About Choice
29.11.2021
Time and again, a debate pops up on whether access to the internet should be made a human right. While some have favoured universal access thereto with as little restrictions...
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The Immunity of the Holy See in Sexual Abuse Cases
24.11.2021
In multiple countries, allegations of sexual abuse in the Catholic Church have led to lawsuits against dioceses and clergy, and the establishment of investigation and claims commissions. However, because of...
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Indicators 2.0: From Ranks and Reports to Dashboards and Databanks
23.11.2021
In September 2021, the World Bank Group’s management announced its decision to discontinue one of its most notable and controversial products - the Doing Business Report. Michael Riegner had welcomed...
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The Truth about Doing Business
22.11.2021
As well-explained by Michael Riegner in his post The End of Indicators, the World Bank pulled the plug on its annual Doing Business report (DB), after scandalous irregularities were denounced...
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Self-Reflexivity on the Judicial Bench
19.11.2021
A knowledgeable and highly accomplished international lawyer gets appointed to the International Court of Justice (ICJ). This hardly qualifies as news. When Georg Nolte, who is no less a prominent...
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Auslegung von Völkergewohnheitsrecht?
18.11.2021
Obwohl führende Lehr- und Handbücher auf diese Fragestellung nicht eingehen, finden sich verschiedene Autor*innen in der jüngeren und älteren Vergangenheit , die Völkergewohnheitsrecht für auslegbar und dies auch für methodisch...
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Mission Impossible?
17.11.2021
Haris Huremagić
Johannes Tropper
In its recent judgment in Moldova v. Komstroy, the Court of Justice of the European Union (CJEU) has deemed intra-EU investor-state-dispute settlement (ISDS) under the Energy Charter Treaty (ECT) incompatible...
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The Normative Mess Governing Africa-EU Trade Relation Granted a New Lease of Life
16.11.2021
Whatever little hope was left for Africa-EU trade relationship to be brought within a set of coherent rules agreed between the two sides has been put to rest, potentially for...
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Leaving Just a Crack for Socioeconomic-Based Non-Refoulement
15.11.2021
Mariana Ferolla Vallandro do Valle
Much has been discussed about the potential of non-refoulement for preventing removal of persons to a country where they would face violations of their economic, social, and cultural rights (‘ESCR’)....
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Is Immaterial Restitution Enough?
03.11.2021
The discussion on the restitution of the Congolese cultural heritage is not a recent one. As estimated by Calafate Ribeiro Margarita and Pinto Ribeiro, it arose in 1936 along with...
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Two Milestones in Favour of the Environment in Just a Few Days?
02.11.2021
On Friday, 8 October 2021, the Human Rights Council (HRC) of the United Nations (UN) recognized the human right to a safe, clean, healthy and sustainable environment. This was welcomed with...
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Trimming Pegasus’ Wings
27.10.2021
For centuries, export control regulations have accompanied the development of new weapon technologies. The revelations of the ‘Pegasus Project’ have put the question of whether and how to regulate the...
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A Sisyphean Task?
20.10.2021
The Energy Charter Treaty (ECT) with its 55 member states (including the EU’s except for Italy) is the only energy specific international investment agreement. The treaty is increasingly put under...
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A Straight Line Towards the Sea
18.10.2021
Almost to the day six months after the public hearings took place (for a comment see here), the International Court of Justice delivered its judgment in the case of Maritime...
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Watch Your Facebook Comment Section!
15.10.2021
Recently, in Sanchez v France, the European Court of Human Rights (the Court) swung the door towards social media users’ liability wide open, allowing not only politicians, as in the...
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Remedies for Bad Faith Violations
13.10.2021
In this blog post, I discuss how the Committee of Ministers (CoM) has developed the Article 18 remedial jurisprudence in the field of individual measures through its monitoring of the...
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One Step Forward, Two Steps Back
11.10.2021
Last year, the Netherlands presented their comments on the International Law Commission (ILC)’s Draft Conclusions on Peremptory Norms of General International Law (jus cogens). The Dutch report, which is set...
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The End of Indicators
06.10.2021
On 16 September 2021, the World Bank unceremonially buried one of its most controversial projects, the Doing Business ranking: in a tight-lipped statement, the Bank announced that “management has taken the...
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Is History a Good Legal Argument?
24.09.2021
Lucia Leontiev
Punsara Amarasinghe
It has become a frequent occurrence for Russia’s top leaders to write about their views on the western approaches to international law and international relations concerning Russia or the Post-Soviet...
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From Achmea to Komstroy
22.09.2021
In a recent landmark decision Moldova v. Komstroy, the Court of Justice of the European Union (CJEU) on 2 September 2021 found intra-EU investment arbitration under the Energy Charter Treaty...
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Memoranda of (Mis)Understandings (Part II)
15.09.2021
Sabrina Schäfer
Florian Held
As described in Part I of our post, non-legally binding arrangements (NBAs) play an ever larger role in foreign policy. As a response to their growing popularity and to avoid...
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Memoranda of (Mis)Understandings (Part I)
13.09.2021
Sabrina Schäfer
Florian Held
When thinking of international law, most lawyers’ first association might not concern non-legally binding arrangements (NBAs) between States (also described as ‘Memoranda of Understanding’ or ’MoUs’). After all, the terms...
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Recognition of a Taliban Government?
08.09.2021
After the horrible events of the last weeks, policy makers around the world will soon think about their future relationship with the new Taliban leadership in Afghanistan. Whereas some States...
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An Urgent Call for Climate Mainstreaming
07.09.2021
Saskia Stucki
Guillaume Futhazar
Tom Sparks
Erik Tuchtfeld
Hannah Foehr
The world is facing climate emergency, one of a series of overlapping and mutually reinforcing environmental crises. In 2017, more than 15,000 scientists from 184 countries signed the World Scientists’...
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Missing Perspectives
30.08.2021
Today marks the International Day of the Victims of Enforced Disappearances. For many Syrians, survivor-led initiatives and family associations, this is a day of mourning. At least 100.000 Syrians have...
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Article 14 ECHR in the Closet
21.08.2021
On 13 July 2021, the European Court of Human Rights rendered its judgment in Fedotova and Others v. Russia and unanimously decided in favour of the three complaining same-sex couples....
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Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case
20.08.2021
Authoritarian governments are exerting their influence on interstate political bodies to persecute political opponents at home and abroad. This results in practices that undermine the rights of individuals to a...
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Navigating an Ocean of Information
12.08.2021
Julian A. Hettihewa
Felix Schott
In 1981, the UN General Assembly agreed for the first time that “Governments should consider the inclusion of youth representatives in their national delegations to the General Assembly and to...
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The Narratives of Space Exploration
28.07.2021
Hilding Neilson
Elena Cirkovic
Human space exploration has been part of the social and political consciousness since Dr. Werner von Braun published his seminal guidebook for a human settlement of Mars. The possibility of...
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Consulting Canadians on a Framework for Future Space Exploration Activities
28.07.2021
Hilding Neilson
Elena Cirkovic
We would like to start this two-part post with a reference to two very different and recent news articles from Canada: First, the positive: The Walrus article on First Nations...
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Unlimited Brutality
26.07.2021
Tens of thousands of Syrians have suffered arbitrary arrests, mainly by the Syrian regime’s security forces, in connection with the popular movement that started in March 2011. They all experienced at least...
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The Nijmegen Principles and Guidelines on Interim Measures (2021)
19.07.2021
Recently, scholars have paid considerable attention to interim (or provisional) measures (both in general [see here, here and here], and in the context of human rights adjudication [for a focus...
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Law’s Vulgar Silence
28.06.2021
In Völkerrechtsblog's editorial on 1 June 2021, the editors raised a concrete question to their readers, on the occasion on the most recent wave of violence in Israel and Palestine:...
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Of Missed Chances and Set Narratives
25.06.2021
“Far from surprising” one could call the latest and final judgement in the case of the former Bosnian Serb general Ratko Mladić. On 8 June 2021, the Appeals Chamber of the...
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Reducing is Caring
25.06.2021
Angelo Jr Golia
Anneloes Hoff
The ‘Shell Climate Case’, on which the District Court of the Hague ruled on 26 May 2021, may well herald a new era for climate change litigation. The Dutch court...
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How Law Can Make War Inhumane and Banal
23.06.2021
War is governed by laws—laws that demand those engaged in armed conflict value humanitarianism and minimize civilian harm. When civilians are disproportionately killed in armed conflict, it’s because involved parties...
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Extinguishing the Flares of Death
21.06.2021
At 400 °C, around 447 gas flares, known as ‘flares of death,’ are constantly burning in the heart of the Ecuadorian Amazon. This is a long-standing practice by which the...
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Big Brother Watch v. UK
04.06.2021
On 25 May 2021, the Grand Chamber of the European Court of Human Rights issued a landmark ruling on the compatibility of systems of mass surveillance with the European Convention...
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Will Vienna Talks Put an End to the “COVID-19 Plus” in Iran?
20.05.2021
The pandemic is still far from over. In its response to combat COVID-19, Iran has been facing significant difficulties “in part due to the weakening of the national health-care system...
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Germany’s “Fair Share” of Climate Change Jurisprudence
17.05.2021
Germany has now its own landmark climate case. In its recent decision on the Climate Protection Act (CPA), the Constitutional Court did not follow all of the claimant’s submissions and...
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The Selection of the “Worst of the Worst”
13.05.2021
“International law should not be wielded as the big stick by strong nations used to pummel the weak ones. We are against selective justice.” As quoted by Jean Ping, former...
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The Dreadful Night Goes On
12.05.2021
At times, words fail to describe the horrors of reality. That is until we have recourse to the language of international criminal law (ICL). While its use may be problematic,...
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A Case of MOX Plant 2.0 in the Pacific?
06.05.2021
On 13 April 2021, the Japanese government formally authorised the release of 1.25 million tons of treated radioactive wastewater from the Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean....
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A Bill for Better Business
05.05.2021
On 11 March 2021, four Dutch political parties submitted a private members’ bill which introduces a new corporate duty of care for human rights and the environment. This proposal for...
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Vaccine Apartheid and the Unlikely Overcoming of the Pandemic by 2023
04.05.2021
The most important challenge for humanity is to end the pandemic within two years. However, as the largest vaccination rollout in history begins, it is doubtful that this goal will...
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Leaving the Pre-Digital Era, Finally!
04.05.2021
The UN human rights protection system has left the pre-digital era behind: The UN Committee on the Rights of the Child just released its new General Comment (GC) No. 25...
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All that Glitters Is Not Gold
03.05.2021
On 29 April 2021, the German Federal Constitutional Court held that the provisions of the German Federal Climate Change Act “are incompatible with fundamental rights insofar as they lack sufficient...
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Three Hours from Paris to Karlsruhe
01.05.2021
Only two days after its publication, the German Constitutional Court’s decision on the 2019 Climate Protection Act has already given rise to significant repercussions both in political and legal debates....
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Case Concerning a Mysterious Maritime Delimitation Treaty
23.04.2021
On 5 March 2021, the Press Office of the International Court of Justice (ICJ) announced that proceedings had been instituted in the Court by way of a Special Agreement between...
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Der Anfang ist gemacht!
22.04.2021
Am 23. April 2020 begann am Oberlandesgericht Koblenz das Verfahren gegen zwei ehemalige Mitarbeiter des syrischen Geheimdienstes wegen Beihilfe und Mittäterschaft an Verbrechen gegen die Menschlichkeit. Das Syria Justice and...
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Don’t Settle For Less
22.04.2021
Nora Jauer
Justine Batura
The German Parliament will debate today a draft for a due diligence act intended to protect human rights in global supply chains ('Lieferkettengesetz'), as submitted by the German government. The...
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A Violent Effort to Rewrite History?
19.04.2021
The geographically small Nagorno-Karabakh is rich in cultural and religious heritage. It is therefore not surprising that the recent war between Armenia and Azerbaijan over this contested territory spurred not...
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Cyber Space, Sovereignty and the Intricacies of International Law-Making
16.04.2021
On March 5th, 2021, Germany published its position paper “On the application of International Law in Cyberspace”. The inter-ministerial document stipulates Germany’s views on the rules regulating state activity in...
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Maritime Delimitation, Non-Appearance, and Acquiescence
15.04.2021
From 15 to 18 March 2021, the International Court of Justice (ICJ) held oral hearings in the Case of Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). Initially scheduled...
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No Rocket Science!
15.04.2021
Outer space’s unique environment has been utilized to study and further a range of subjects, from colloid behavior to creating protein crystals for more effective disease control, often having enormous commercial application. For...
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Beware of Procedural Perils
14.04.2021
The global political momentum created by the COVID-19 pandemic recently led to a joint statement on 30 March 2021, signed by the World Health Organization (WHO)’s Director-General and twenty-seven heads...
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Time for an Update of the EU Charter of Fundamental Rights
14.04.2021
On 25 March 2021, the European Court of Justice (‘ECJ’) dismissed as inadmissible the climate action brought by 10 families from the European Union, Kenya and Fiji, for the protection...
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