Current Developments

International organizations soon blocked by EU’s external powers?

A comment on ECJ Grand chamber judgment of 7 October 2014, C-399/12, Germany v. Council On October 7th, in a Grand Chamber judgment, the European Court of Justice has dramatically broadened the external powers of the European Union, to the point that it could jeopardize the efficiency of other international organizations which count EU Member States among their members. In this case, Germany contested the validity of a decision of …

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Current Developments

Letting Go of Territorial Integrity

Getting Realism and Ideals Right on Ukraine

In my previous two posts (here and here), I looked at the problems of declaring Russia’s actions in Ukraine illegal – the dark side of law’s polycentrism. In this post, I consider the defective legal policy driving the Western response to Russia’s intervention in Ukraine – the West’s failed fixation on territorial integrity – and consider a better response to Ukraine’s contested future: the return of a repressed idealism. Western …

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Current Developments

International Law’s Rule of Five

Russia, Ukraine, and the Dark Side of Polycentrism

In my previous post, I looked at the obvious illegality of Russia’s actions in Ukraine – and the problems with that obviousness in the pluralistic cacophony of international law. In this post, I look at who’s to blame, and what’s to be done: more work for diplomats, less for lawyers. Bush’s Breakfast: Sow and Reap In domestic law, we have mechanisms for final decision. The storied US Supreme Court Justice …

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Current Developments

Polycentrism’s Playground

Ukraine and Russia’s Implausible Deniability

In this post, the first in a series on the Ukrainian crisis, I look at the obvious illegality of Russia’s actions in Ukraine – and the problems with that obviousness in the pluralistic cacophony of international law. If Russia’s invasion of Ukraine hasn’t violated international law, it’s hard to see what would. Which means, unfortunately, that it’s hard to see what would. Obvious, Illegal After months of protests in Kiev …

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