Not Making the Cut
08.04.2021
On 21 January 2021, the Grand Chamber of the European Court of Human Rights (the Court or ECtHR) adopted its judgement on the inter-state case Georgia v Russia (II). The judgement concerns...
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International Lawyers, Look to the Heavens – Before We Lose Them
07.04.2021
What kind of law do you ‘do’? Where would you place its outward bounds? Substantively, but also geographically; what lines do you draw in your imagination to encompass your field(s)...
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Eye on the Spy
31.03.2021
During the Covid-19 pandemic, more services and activities have migrated online. Digital supply chains have therefore emerged as the lifeblood of modern society and interferences with them can be hugely...
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Turkey’s Withdrawal from the Istanbul Convention
27.03.2021
As the 65th session of the UN Commission on the Status of Women (CSW) is in progress, feminists from around the world are shocked by Turkey’s sudden decision to withdraw...
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“Sport Sex” before the European Court of Human Rights
22.03.2021
Sport is the field par excellence in which discrimination against intersex people has been made most visible. Commissioner for Human Rights, Council of Europe Issue Paper: Human rights and intersex...
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The Ongwen case: A prism glass for the concurrent commission of gender-based crimes
15.03.2021
Alexandra Lily Kather
Amal Nassar
In a long-anticipated judgment at the International Criminal Court (ICC), Trial Chamber IX found Dominic Ongwen, a former commander in the Lord Resistance Army (LRA), guilty of 61 counts of...
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The impacts of climate change on the humanitarian system: towards truly long-term cooperative action
05.03.2021
On 1 December 2020, the German Federal Foreign Office hosted one of five virtual launches of the 2021 Global Humanitarian Overview (GHO) in Berlin. The GHO, which is published annually...
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Climate migrants – How German courts take the environment into account when considering non-refoulement
03.03.2021
In a recent landmark decision concerning an Afghan national a German Higher Administrative Court declared a ban on deportation (non-refoulement) based on German immigration law in conjunction with international human...
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Dawn of a new era of global data protection?
02.03.2021
Aishwarya Natarajan
Franziska Rinke
Sebastian Weise
The recent survey of the United Nations Conference on Trade and Development indicates that 128 out of 194 countries have put data privacy legislations in place. By implication, around 66%...
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Trump verlässt das Weiße Haus – und hinterlässt Chaos im Westsahara-Konflikt
19.02.2021
Mit Joe Bidens Amtszeit hat eine neue Ära im Weißen Haus begonnen. Doch Donald Trump hinterlässt ein umfassendes außenpolitisches Vermächtnis, welches sich auch auf den Nahen Osten und Nordafrika erstreckt:...
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The ICC Israel Palestine decision: Clear skies for an investigation but not without asterisks and further questions
18.02.2021
On February 5, the ICC rendered its long-awaited Decision on the case of Israel and the Palestinians. With a majority of 2-1, Pre-Trial Chamber I held that the ICC does...
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The unforeseeable future and the rule of law
17.02.2021
On December 22, 2020, the Grand Chamber of the European Court of Human Rights delivered its judgment in the case of Selahattin Demirtaş v. Turkey (no. 2) concerning the pre-trial...
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Quand le vin est tiré, il faut le boire
16.02.2021
Ansonsten drohen Konsequenzen, wie sich jetzt in einem Gerichtsverfahren vor dem Tribunal Administratif de Paris (Pariser Verwaltungsgericht) zeigte. 2018 haben sich Oxfam, Notre Affaire à Tous, Fondation pour la Nature et...
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The history of international law matters
12.02.2021
Speaking about the ‘turn to history in international law’ has now become an embarrassing cliché in the specialized literature and this should be celebrated. Firstly, because the expression the ‘turn...
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Enforced disappearances in Turkey: an old habit or a new trend?
11.02.2021
Turkey has a long history of state-sponsored abductions and enforced disappearances, particularly in the 1980s and 1990s. At the beginning of this century, this grim trend seemed to be running...
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The earth system, hydrosphere, and outer space: Cosmo-legal approaches
09.02.2021
The law is an example of human design, which has imposed anthropocentric interests on everything considered non-human. With the example of the relationship between law, orbital space, and water, the...
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“We contributed to the respect for international law and the peaceful resolution of international conflicts”
08.02.2021
Julian A. Hettihewa
Ina Heusgen
Last month, Germany’s two-year non-permanent membership in the Security Council of the United Nations ended (see here for Hannah Birkenkötter’s blog post). We seize this opportunity to reflect with Ina...
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„Wir haben in diesem Gremium zur Einhaltung des internationalen Rechts und zur friedlichen Konfliktlösung beigetragen“
08.02.2021
Julian A. Hettihewa
Ina Heusgen
Im vergangenen Monat endete die nicht-ständige Mitgliedschaft Deutschlands im Sicherheitsrat der Vereinten Nationen (siehe hierzu bereits den Beitrag von Hannah Birkenkötter). Wir nehmen dies zum Anlass, um mit Dr. Ina...
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The Facebook Oversight Board and its Trump test
04.02.2021
Facebook exercises extraordinary power over individuals in the digital world, and the grave consequences of what is said on Facebook can easily spill into the physical world too. There is...
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Informed dissent or misinformed rebellion? Making sense of India’s farmer protests
04.02.2021
“We are food: we eat food, we are made of food, and our first identity, our first wealth, our first health, comes from the making, creating, giving of good food.”...
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Von Felsen und Fischen – Zur Frage der Fischereirechte um Rockall
02.02.2021
Bei der steinigen 624 m² großen Erhebung, die 162 Seemeilen in westlicher Richtung entfernt vom nördlichen Teil des Vereinigten Königreichs aus dem Nord-Ost-Atlantik ragt und die unter der Bezeichnung „Rockall“...
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The Hague District Court on travel restrictions: A test for international human rights law?
29.01.2021
Rutsel Silvestre J Martha
Kit De Vriese
On 31 December 2020, The Hague District Court issued its summary judgment in De Lugt v The Dutch Government, closing a tumultuous year which had started with the first confirmed...
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Enforced disappearances in Syria and the Al Khatib trial in Germany
27.01.2021
More than 100,000 Syrians have been subjected to enforced disappearances since 2011, when Syria descended into a civil war. The Syrian regime, operating through its four Intelligence Services, has used...
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The Judgement of Solomon that went wrong: Georgia v. Russia (II) by the European Court of Human Rights
26.01.2021
On 21 January 2021, the European Court of Human Rights (the Court or ECtHR) delivered its long-awaited judgment in the inter-state case Georgia v. Russia (II). This case concerns the...
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Taking stock: A review of Germany’s two years on the Security Council
25.01.2021
Germany’s two-year membership in the UN Security Council ended on 31 December 2020. Starting with big expectations, it hit the hard realities of increasingly divisive world politics in times of...
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Withdrawing from the ‚Withdrawal Doctrine‘
21.01.2021
Shortly after his election, President Joe Biden announced a number of issues he would tackle during his first days in office. Amongst others, this included reversing the effects of what...
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South Korea’s denial of Japan’s immunity for international crimes
18.01.2021
The issue of sexual enslavement of Korean women during Japan’s colonial rule of the Korean peninsula from 1910 to 1945 has been called ‘the most emotional historical dispute’ between South...
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Chaos averted or executive overreach?
15.01.2021
No “No-Deal Brexit”! On Christmas Eve 2020, a continent breathes a sigh of relief. The EU and the UK adopt the “EU-UK Trade and Cooperation Agreement” (TCA) to resolve years...
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Universal jurisdiction without universal outreach?
13.01.2021
Alexander Dünkelsbühler
Alexander Suttor
Lea Borger
Creating a framework for the prosecution of international crimes under universal jurisdiction is clearly worthwhile. But as the intervention by the German Constitutional Court (BVerfG) in the Syrian war crimes...
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One man’s martyr is another man’s malignant nuclear missile designer
22.12.2020
‘Remember that name, Fakhrizadeh’, said Israeli Prime Minister Benjamin Netanyahu in 2018. On 27 November 2020, the world remembered. Mohsen Fakhrizadeh, a man who Israel and the United States have...
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The Energy Charter Treaty and its (in)compatibility with EU law
17.12.2020
Belgium is on the move again. After having submitted a request to the Court of Justice of the European Union (CJEU) for an opinion on the compatibility of the Comprehensive...
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The M/V Roseline A incident
09.12.2020
On 22 November 2020, roughly 200 kilometres off the coast of Libya, the Turkish-flagged cargo ship M/V Roseline A was intercepted by the German naval frigate Hamburg. Soldiers boarded the...
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Saying Yes to development projects
07.12.2020
When a UN agency asked a rural community in Liberia about their development priorities after the civil war, the community asked for music instruments. Failing to understand the economic and...
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One step forward – three steps back: why the hellfire from Ramstein may continue after all
01.12.2020
Maybe it is the time of the year that Ramstein Air Base looks even greyer and gloomier than usual in the cold November twilight, maybe it is the bitter thought...
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Guidance at a critical moment – thoughts on CERD’s General Recommendation on racial profiling by law enforcement officials
28.11.2020
The term “racial profiling” is not found in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), but practices of racial profiling have long been of...
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Jurisdiction – who speaks international law?
26.11.2020
As it is the case with many productions, only a small fraction of the work is visible to the public. As organisers of next year’s international conference “Jurisdiction – who...
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Between fiction and reality: rights of nature in German television and before the ICJ
23.11.2020
Last week, the German public free-TV channel ARD broadcast the film "Ökozid" ("ecocide"), commissioned by ARD and produced by the independent production company zero one film, set in 2034, in...
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Expanding the restricted realm of international trade law to animal welfare
19.11.2020
Deeksha Sharma
Tushar Behl
Can products be banned for animal welfare? Intensive and unsustainable farming disregards animal welfare and represents a critical risk to both animals and humans. This article shows the relevance of...
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Another brick in the wall?
17.11.2020
Following several military operations by the Kingdom of Morocco, the Polisario Front is no longer committed to the 1991 ceasefire agreement. This marks the end to an almost thirty-year-absence of...
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COVID-19, people, and other animals
12.11.2020
The ongoing pandemic has put a spotlight on the interface between the health of humans, animals, and the environment. COVID-19 is a zoonosis: a disease that is naturally transmissible from...
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Sorry, Elon: Mars is not a legal vacuum – and it’s not yours, either
05.11.2020
On October 28th, Elon Musk’s company SpaceX published its Terms of Service for the beta test of its Starlink broadband megaconstellation. If successful, the project purports to offer internet connection...
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Democracy in Latin America under COVID-19
28.10.2020
Mariela Morales Antoniazzi
Alina Maria Ripplinger
Just like all over the world, Latin America’s current state of emergency concerns saving the health, integrity and lives of people. Nevertheless, in the context of COVID-19 the region is...
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Three years after the Rohingya genocide in Myanmar: Has the ASEAN changed?
26.10.2020
Dominique Virgil Tuapetel
August 2020 marked the three-year commemoration of mass atrocities towards the Rohingya minority in Myanmar, causing around 730,000 Rohingya to flee to the neighbouring Bangladesh and other countries. This post...
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Bridging the gap: the MPIA as a valuable short-term solution to the impasse of the WTO’s Appellate Body?
12.10.2020
“At the core of a well-functioning multilateral trading system is an effective dispute resolution mechanism”, emphasized Appellate Body Member Peter Van den Bossche in his farewell speech. Reality in the...
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Thou shalt not ‘break international law in a very specific and limited way’
15.09.2020
On 9 January 2020, the House of Commons – one part of the British Parliament – passed the European Union (Withdrawal Agreement) Act 2020, which enabled the United Kingdom (UK)...
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The Aegean Sea dispute on the edge of escalating
09.09.2020
The feud between Greece and Turkey in the Aegean Sea counts several decades but has lately sparked international concerns about the region’s peace and stability. On 27 November 2019, the...
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Invitation to sign: Note on the United States’ Claim to activate the snapback mechanism under Security Council Resolution 2231
03.09.2020
On 20 August 2020, the United States attempted to launch the mechanism often referred to as the ‘snapback’ mechanism provided for by the Iran nuclear agreement, the a (JCPOA) of...
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Creeping diversion from secularism in Turkey
24.08.2020
On 10 July 2020, the Turkish government published its decision to re-transform the Hagia Sophia into a mosque in accordance with the decision of the highest administrative court. Since then,...
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Violating international law through onerous procedural law
18.08.2020
On June 15, 2020, the United States Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Department of Justice Executive Office for Immigration Review issued proposed regulations that...
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A turn to youth in international law?
17.08.2020
And they did it again. On 14 July 2020, the UN Security Council voted unanimously in favour of Resolution 2523. The resolution, being the third of its kind, focuses on...
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The complacency of constitutional courts: India’s Supreme Court and the Citizenship Amendment Act
12.08.2020
It is a common assumption that Constitutional courts in a democracy perform the role of protecting citizens’ rights against arbitrary use of government power. This is an important limb of...
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How is COVID-19 affecting Amazonia?
10.08.2020
COVID-19 has spread throughout the world as a health crisis with deep socio-economic consequences. While the focus of the effects of COVID-19 often lie in urban centers, Indigenous people have...
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“Stop quarantine, start war”
06.08.2020
National clashes between Armenians and Azerbaijanis have recently taken over media headlines again. In the ECHR’s Chamber judgment on the Makuchyan and Minasyan v. Azerbaijan and Hungary case of 25...
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A bridge too far: Polish-Czech border incident
05.08.2020
Agata Kleczkowska
Martin Faix
On 28 May 2020, when the Polish and Czech borders were closed due to the pandemic, two Polish soldiers, assigned to assist the Polish Border Guard, decided to relocate their...
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Orbit tax – mitigating space debris or aggravating economic disparity?
03.08.2020
Urvisha Kesharwani
Atika Chaturvedi
Since the launch of Russian satellite Sputnik-1 in 1957, the space industry has never looked back. Currently, there are about 20,000 satellites orbiting the earth, and with the private players...
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Ungleichheit ist die wahre Pandemie
29.07.2020
Die aktuelle, durch COVID-19 verursachte globale Krise hat nicht nur die Schwäche des hegemonialen globalen Wirtschaftsmodells, sondern auch die dringende Notwendigkeit aufgezeigt, die Verteidigung der Menschenrechte aus einer transnationalen Perspektive...
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Inequality is the real pandemic
27.07.2020
The current global crisis caused by COVID-19 has highlighted not only the weakness of the hegemonic global economic model, but also the dire need to rethink the defense of human...
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Incidental jurisdiction in the award in “The ‘Enrica Lexie’ Incident (Italy v. India)” – Part II
24.07.2020
After having addressed the existence, requirements and limits of incidental jurisdiction of UNCLOS tribunals under Article 288(1) UNCLOS in the first post, this post turns to the approach taken by the...
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Incidental jurisdiction in the award in “The ‘Enrica Lexie’ Incident (Italy v. India)” – Part I
23.07.2020
On 21 May 2020 the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) in the The ‘Enrica Lexie’ Incident (Italy v....
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An Islamic legal scholar as judge at the ICC: In conformity with Islamic law?
22.07.2020
Fajri Matahati Muhammadin
On 6 July 2020, Juliette Rémond Tiedrez wrote a fantastic article on Völkerrechtsblog titled Time for an Islamic legal scholar at the ICC? She suggested that there should be an...
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Turning Hagia Sophia into a mosque (again)
21.07.2020
The announcement by Recep Tayyip Erdoğan to change the status of Hagia Sophia and to turn it into a Mosque last Friday, 10 July 2020, has provoked a worldwide outcry....
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Die türkischen Operationen Claw-Eagle und Claw-Tiger im Irak – Zeit für Widerspruch!
20.07.2020
Militärische Interventionen des türkischen Militärs in die kurdisch bewohnten Gebiete des Iraks haben eine erschreckende Regelmäßigkeit angenommen. Am 14. Juni dieses Jahres begann – unterstützt durch iranische Artillerie am 16....
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Collective punishment in the Indian-administered Kashmir
15.07.2020
On 19th May 2020, Indian security forces destroyed at least fifteen houses during a military operation against two separatist militants in Kashmir. This destruction of houses is merely a part...
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The governance of disease outbreaks in international health law
14.07.2020
Pedro Villarreal
Leonie Vierck
Katarina Weilert
In the first part of this two-part post, we broadly addressed the legal framework provided by the International Health Regulations (IHR), a binding legal instrument within the aegis of the...
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The governance of disease outbreaks in international health law
13.07.2020
Pedro Villarreal
Leonie Vierck
Katarina Weilert
A deadly virus starts spreading in several communities. Reports are issued warning of the potential fallout if no action is taken. Yet both national authorities, as well as the WHO,...
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Swapping livelihood with electricity
09.07.2020
Guinea’s Souapiti dam which is slated to start functioning in September 2020, is seen as a systematic means to provide urgent electricity access to the country. The construction of the...
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Time for an Islamic legal scholar at the ICC?
06.07.2020
2020 will be a busy year for the International Criminal Court’s (ICC) Assembly of State Parties (ASP) as three elections are coming up in December: The elections of six judges,...
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A crisis (not) averted
22.06.2020
The COVID-19 led humanitarian crisis in India has resulted in, what journalist P. Sainath calls, ‘the discovery of its migrant workforce’. The number of internal migrants in India is estimated...
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Robert Koch, research and experiment in the colonial space
10.06.2020
German colonialism is an inherent part of both German and global history, yet largely neglected and transcended into the vast depths of oblivion. As Jutta Blume wrote recently in an...
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“Play it once, Sam. For old times’ sake”
09.06.2020
The parallelism of different international proceedings examining atrocity crimes committed against the Rohingya in Myanmar has been welcomed by many commentators. Indeed, international law (IL) appears to be showing its...
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The right to benefit from Big Data progress
08.06.2020
Recent developments in the United States and Europe have focused attention on the possible obligation of Big Data-powered technology companies like Google and Facebook to share some of their corporate...
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Bouncers beyond Borders
20.05.2020
Michael Riegner
Philipp Dann
Lena Zagst
Over the past two years, the EU has spent almost 100 million Euro to improve the Libyan coast guard’s ability to implement a “Search and Rescue Zone” in the Mediterranean....
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The role of soft law in the prevention and control of non-communicable diseases
18.05.2020
In an increasingly globalised world, health issues transcend the domain of national legislation. This holds true not only for infectious diseases, as seen with the current outbreak of the Corona-Virus,...
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24.000 EUR – für eine Auskunft?!
14.05.2020
Sebastian Bechtel
Philip Hofmann
Offenlegung: Einer der Autoren dieses Beitrags arbeitet als Syndikusanwalt für FragDenStaat und ist unmittelbar in den Rechtsstreit mit Frontex involviert. 23.700,81 EUR hat Frontex, die Europäische Agentur für die...
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The treaty to end all investment treaties
12.05.2020
23 member states of the European Union (EU) decided that it was time to fish or cut bait. On 5 May they signed a plurilateral treaty to scrap all intra-EU...
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Between the body and the politic
25.04.2020
Herlihy writes of the Black Death, “the plague caused divisions between the healthy and the sick, those in the cultural mainstream and those in the margins… and between the mass...
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Between the body and the politic
24.04.2020
The mute substratum of political life. This is how Clifford Owens describes the body. When things are going well, it silently slips into the background of public life. When the...
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Mine, mine, mine!
23.04.2020
In an impressive display of questionable timing and priorities, the US President may just have rung in the first round of a new space age. While “non-viral” news currently fly...
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A puzzle coming together
23.04.2020
Today marks a historical event in international criminal justice. Two former members of the Syrian General Intelligence Service will stand trial before the Oberlandesgericht Koblenz (Higher Regional Court). It is...
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Dealing with marine debris the ASEAN way
22.04.2020
Harsh Mahaseth
Shubhi Goyal
According to current estimates, about eight million tonnes of plastic waste are dumped into the ocean every year. As per a 2019 Report by the Ocean Conservancy and McKinsey Centre...
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Legitimation through executive order?
21.04.2020
Michael Friedl
Maximilian Gartner
Resource extraction from and mining of celestial bodies such as the Moon or asteroids has matured from a fantastical idea of science fiction to a contentious issue of international law....
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A missed opportunity at the ICC
20.04.2020
On 5th March 2020, the Appeals Chamber (AC) of the International Criminal Court (ICC) unanimously authorized the Office of the Prosecutor (OTP) to commence an investigation into the situation in Afghanistan....
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India’s battle against Covid-19: The lockdown of human rights
20.04.2020
Nisha Gupta
Udaiveer Ahlawat
India is currently facing the largest lockdown in the world, with over 1.3 billion people locked inside their homes. While Prime Minister Modi adopted this measures to “win the battle”...
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Human rights, criminal law: pas de deux ou faux amis?
13.04.2020
International Human Rights Law (IHRL) and International Criminal Law (ICL) may be historically entwined yet are unduly conflated. Teleologically, the division is clear: IHRL primarily deals with state responsibility, while...
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Afghanistan finally open for investigations
07.04.2020
About 14 years after the Prosecutor of the International Criminal Court (ICC) started first examinations into the situation of Afghanistan, the ICC Appeals Chamber finally authorized investigations in March 2020....
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Land ahoy? Solutions for Statehood in a post climate change world
16.03.2020
Unmekh Padmabhushan
Devesh Kumar
Climate change is expected to cause receding coastlines due to rising sea levels. Geological formations like islands, rocks, reefs and other low-tide elevations would be permanently submerged, and this would...
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The citizenship test in India
13.03.2020
Ankitashri Tripathi
Anjasi Shah
The National Register of Citizens (NRC), published on August 31, 2019, which documents legal citizens in India, has declared 19 lakh (or 1,9 million) residents of Assam as illegal immigrants,...
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Der Alptraum in Idlib
12.03.2020
Am 27. Februar 2020 veränderte sich die Dynamik im syrischen Bürgerkrieg grundlegend. Durch einen gemeinsamen Angriff der syrischen und russischen Luftwaffen im Gouvernement Idlib auf die türkische Armee wurden mindestens...
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Voting rights for future?
11.03.2020
When John Stuart Mill referred to liberty as the greatest value that guarantees people’s freedom and right to have a choice, he pointed out that children were ‘incapable of being acted...
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Schnell heißt nicht rechtmäßig
10.03.2020
In einem Legal-Tribune-Online-Beitrag vom 02.03.2020 nimmt der Autor mit dem Pseudonym Johann Verhaelen die schnelle Vergabe von russischen Staatsangehörigkeiten (200.000 Einbürgerungen seit Mai 2019) zum Anlass, einige Fragen im Kontext...
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Is the spread of Coronavirus already a pandemic?
09.03.2020
On 26 February 2020, the World Health Organization (WHO)’s Director-General, Tedros Adhanom Ghebreyesus stated that the current spread of the coronavirus (SARS-CoV2) “has pandemic potential”. That is, despite the fact...
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40 days and 40 nights
05.03.2020
Eukti Garg
Abhijeet Vaishnav
The word ‘quarantine’ is rooted in the practice of quaranta giorni, which meant isolating ships arriving from infected ports for 40 days. For ages, countries have dressed the curtailment of...
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Staat oder kein Staat, das ist hier die (einzige) Frage
04.03.2020
In dem hier kürzlich erschienenen Blogpost „Deutschland als amicus curiae – Zur Debatte um die Staatlichkeit Palästinas als Voraussetzung der Jurisdiktion des Internationalen Strafgerichtshofs“ kritisiert Özgen Özdemir Deutschlands Rechtsauffassung, wonach...
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When your landlord is North Korea
03.03.2020
In May 2018, Bezirksamt Mitte, the local authority managing Berlin’s central district, enforced a Security Council Resolution to restore public order. The Bezirksamt’s decision to close the “City Hostel Berlin”...
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And the victims’ voices?
21.02.2020
On January 23, the International Court of Justice (ICJ) unanimously issued its provisional measures order for the case of the Rohingya. Even though the international community has welcomed the indication...
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EGMR billigt Festung Europa mit Toren
14.02.2020
Am 13. August 2014 versuchten rund 600 Personen, den Grenzzaun der spanischen Exklave Melilla und damit die Außengrenze des Schengen-Raumes zu stürmen. Zwei von ihnen, N.D. und N.T., schafften es...
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One-eyed prosecution?
04.02.2020
The recent calls for the establishment of a new ad hoc-tribunal, namely to prosecute members of the terror armed group ISIS (Islamic State of Iraq and Syria), may re-spread the...
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Entre ambitions et réalités
29.01.2020
Circuler librement entre les États du continent africain ; résider et s’établir librement dans l’un ou l’autre de ses pays – voici les ambitions du Protocole au Traité instituant la Communauté...
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The 2019-2020 novel coronavirus outbreak and the importance of good faith for international law
28.01.2020
The 2019-2020 novel coronavirus (2019-nCoV) outbreak first identified in Wuhan, China currently stands at the center of the international community’s focus. The World Health Organization (WHO) issues daily situation reports...
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