(Un)Common Understandings
30.07.2026
Julius Christoph Nippert
Simon Geiersbach
On 21 May 2026, the International Court of Justice (the Court) issued its opinion on the Right to Strike, for which the Court was concerned with the question of whether...
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Adaptation and Victim Status in ECtHR Climate Litigation
28.07.2026
Since 2020, 23 applications concerning climate change have been made to the European Court of Human Rights (ECtHR). The ECtHR delivered its first climate decisions on April 9, 2024, when the...
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Should AI Be Organized?
24.07.2026
Artificial intelligence (AI) is no longer a future possibility. It is the present reality reshaping every corner of human society. From automated decision-making in criminal justice to generative models composing legal briefs, AI systems are...
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Wind of (Nuclear) Change
23.07.2026
Under international law, Germany is not as irrevocably barred from acquiring nuclear weapons as is commonly assumed. In certain circumstances, Germany could be released from Article 3 of the Treaty on...
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Macbeth at the International Seabed Authority
22.07.2026
Gustavo Leite Neves da Luz
Macbeth begins from a problem that law also knows well: prophecy does not merely announce the future; it reorganises the present. The Weird Sisters do not place the crown on...
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Of Continuous Controversies and Unfinished Tasks
21.07.2026
On 15 May 2026, the International Law Commission (ILC or Commission) considered the report of its Drafting Committee on “Immunity of State Officials from Foreign Criminal Jurisdiction” and adopted draft articles on second...
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The Trillion-Dollar Frontier
20.07.2026
Michal Saliternik
Sivan Shlomo-Agon
On 12 June 2026, SpaceX completed the largest initial public offering in history, raising a reported $75 billion and attaining a valuation measured in the trillions. The offering generated extraordinary...
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Mined out of Rights
16.07.2026
International law has long recognised the right of Indigenous peoples to be consulted before extraction proceeds on their territories. But what happens when that right comes into conflict with a...
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Amnesty or Accountability?
15.07.2026
Marina Fonsêca
Thiago Moreira
More than four decades after the end of Brazil's military dictatorship (1964–1985), one fundamental question remains unanswered: can those responsible for torture, enforced disappearances, and extrajudicial killings still be shielded...
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When Power Asymmetries Become Evident
14.07.2026
International law, as a set of rules, is presumed to constitute an order in which power asymmetries are constrained. Yet, the perceived “crisis” of international law reveals its foundation in...
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Trump’s Sanctions on Cuba Are a Crime Against Humanity
13.07.2026
Can economic sanctions constitute crimes against humanity (CAH)? The proposition may appear audacious to those who deny that economy can be wielded as a weapon of aggression. Yet emerging legal...
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Who Are Legitimate Targets in Modern Armed Conflicts?
13.07.2026
On 31 March, the Islamic Revolutionary Guard Corps (IRGC) of Iran declared a list of eighteen American technology companies, including Palantir, Intel, Tesla, Microsoft, and Google, as “legitimate targets”. The...
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Digital Fiefdoms and Human Rights
10.07.2026
The unprecedented rise of artificial intelligence (AI) and data-driven digital technologies has transformed traditional capitalism (p. 66–67), constructing a structural system of exploitation termed “technofeudalism” (p. 170–175). In this novel architecture,...
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From Spectators to Stakeholders
08.07.2026
As the United Nations moves towards negotiating the world's first Convention on Crimes Against Humanity (Cah), countries of the Global South face an important choice: either shape the convention or...
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Winning at All Costs
07.07.2026
In his Opinion in the pending NV Reibel vs JSC VO Stankoimport, Case No. C-802/24 (‘Reibel’) decision, Advocate General Biondi recalled a metaphor: the relationship between European Union (‘EU’) law and...
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Rethinking Custom
06.07.2026
The fair and equitable treatment (‘FET’) is a prominent protection granted to a foreign investor under investment treaties. This post focuses on the formulation of FET under Article 1105 of the...
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A Lesson Not Learned
02.07.2026
On 17 May 2026, the World Health Organization (WHO) Director-General announced the outbreak of the Ebola disease, caused by the Bundibugyo virus in the Democratic Republic of the Congo (DRC)...
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In Between the Lines
01.07.2026
Less than a year since the International Court of Justice (ICJ) delivered its Advisory Opinion on Obligations of States in Respect to Climate Change (Advisory Opinion), its wider implications for a...
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Winning the Right, Losing the Protection?
30.06.2026
On May 21 2026, the International Court of Justice delivered its advisory opinion on the interpretation of ILO Convention No. 87, addressing whether the Convention protects a right to strike....
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Stuck in Between
30.06.2026
What happens when the International Criminal Court (ICC) concludes that the legal threshold for opening an investigation has been met, yet declines to take the procedural step required to initiate...
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Threatening the Use of Force?
29.06.2026
A Russian Human Rights Lawyer
On 5 June 2026, Law No. 149-FZ entered into force. Signed by Vladimir Putin, the law amended two foundational statutes, the Citizenship Law and the Defence Law. The amendment of the former...
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Platforms as Sites of Experimentation
29.06.2026
Two verdicts in the United States in March 2026 demonstrate that courts are increasingly willing to treat online platforms as designed systems rather than neutral conduits or editorial voices. In...
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Wehrhaftigkeit der EU – nach innen oder nach außen?
23.06.2026
Die Europäische Union (EU) verhängt seit Russlands Annexion der Krim im Jahr 2014 erstmals in großem Umfang personenbezogene Sanktionen. Inzwischen sind rund 2.700 Personen und Organisationen gelistet (vgl. insbesondere Verordnung (EU)...
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Workers of the World, Unite… and Strike?
18.06.2026
On 21 May 2026, the International Court of Justice (ICJ) issued its long-awaited Advisory Opinion (AO) on the right to strike, by ten votes to four, affirming that the right...
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Door-in-the-Face Trade Restrictions?
17.06.2026
After Russia´s invasion in Ukraine, the European Union (EU) aims to “put to an end […] its dependence on Russian fossil fuels” and will place solar energy at the centre...
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Fair Share in Greenpeace Bonaire
16.06.2026
Both the ICJ and the ECtHR have recognized 1.5°C with no or limited overshoot as the relevant benchmark for assessing states’ climate obligations. At the same time, climate litigation aimed at mitigation...
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Rethinking the Territorial Tort Exception in the Age of Proxy States
15.06.2026
Recently, there has been an increase in cybercrimes (see here) and their potential to cause tortious harm. Due to the inherent nature of such actions, they have transboundary effects and...
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From Demarcation to Administration
12.06.2026
How a sensor‑based art project in the Alps challenges the legal obsession with fixed demarcation, and what international law can learn from it. Borders between Alpine states were fixed along...
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Rationed Intelligence
08.06.2026
Inside every modern computer, smartphone, and data centre sits a component called a semiconductor chip. It is a wafer of silicon, roughly the size of a fingernail, engraved with billions...
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From Iran to Zaporizhzhia
05.06.2026
War around nuclear facilities is no longer a remote contingency. It is an emerging test of whether international humanitarian law (IHL) can restrain military operations before nuclear safety systems are...
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The Regulatory-Command Asymmetry
04.06.2026
The urgency of reconciling the territorial limits of sovereign jurisdiction with the deterritorialised movement of data is a question of data sovereignty. Within Africa, this question is ambitiously addressed by Nigeria’s...
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When Same-Sex Marriage Crosses Borders
03.06.2026
The CJEU’s judgment in Jakub Cupriak-Trojan and Mateusz Trojan v Wojewoda Mazowiecki (better known as Cupriak-Trojan) is one of those rare decisions that is not only welcomed as a rights...
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Violating Neutrality, Enabling Harm
29.05.2026
Political neutrality occupies a central place in the constitutional architecture of international sports governance. Within the Olympic Movement, neutrality is described as a “universal fundamental ethical principle” embedded in the...
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Beyond Symbolic Recognition
28.05.2026
Sophie Girardini
Veronika Stockinger
Franziska Michel
Today, for the second year, Namibia commemorates 28 May as “Genocide Remembrance Day”. On this day in 1908, the last concentration camps that were part of Germany’s extermination policy in...
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One In, One Out
19.05.2026
Ganesh Prasad
Manuj Gupta
Twenty-page communiqués from United Nations Special Rapporteurs loom over the United Kingdom (“UK”) and France, respectively, as the two countries advance negotiations over their reciprocal “one-in, one-out” migrant transfer agreement....
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Renouncing Your Way Out of Treaty Protection
18.05.2026
Can a claimant voluntarily renounce the treaty nationality that grounds his standing as a protected investor, mid-proceedings, and continue to pursue his claims? That question has been brought into sharp...
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Beyond Bilateral Notification and Consultation
15.05.2026
The 2025 ICJ Advisory Opinion on Climate Change at ¶299 holds that “notification and consultation are particularly warranted when an activity significantly affects collective efforts to address harm to the climate...
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Sovereign Equality or Equal Sovereignty
14.05.2026
Fourteen years ago, the International Court of Justice, in Jurisdictional Immunities, affirmed State immunity even for cases of jus cogens violations or human rights abuses. Yet, victims of State-caused harm continue...
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An Unwarranted Free Pass for Extra-EU ISDS?
12.05.2026
Nikos Braoudakis
Juliette Robert
On 31 July 2025, the German Constitutional Court (Bundesverfassungsgericht or ‘BVerfG’) delivered a decision that revived interest in the German Federal Court of Justice’s (Bundesgerichtshof or ‘BGH’) ruling of 12...
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The Limits of Liability
11.05.2026
Consider the following hypothetical: State A exercises jurisdiction and control over space object Ares II, which is damaged by space debris. State A seeks to attribute the damage by space...
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The Promise and the Limits of the Yves Rocher Judgement
08.05.2026
In March 2026, the Paris Judicial Court issued a landmark decision in the Yves Rocher case, marking one of the first instances in which a parent company was held liable...
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Nothing New on the Moon?
07.05.2026
On 2 February 2026, Elon Musk confirmed that SpaceX has acquired the billionaire’s artificial intelligence (AI) start-up xAI with the aim to ‘form an “innovation engine” putting AI, rockets, space-based...
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CDR (Carbon Dioxide Removal) Approaches: Friends or Foes?
04.05.2026
Manrique Naranjo Chavarría
The road towards the Paris Agreement was potholed, full of controversies and antagonizing positions of States. Ultimately, the normative value of some provisions of the Convention was left unclear (Rajamani,...
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From Tariffs to Sovereign Debt Distress
30.04.2026
On 20 February 2026, the United States (‘US’) Supreme Court held in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (‘IEEPA’) does not authorise the President...
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From Evidence to Assumption
30.04.2026
In its judgments in Seyhan and Others, Karslı and Others and Bozyokuş and Others v. Türkiye, published on 16 December 2025, the European Court of Human Rights (the Court or...
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Selecting Silence? – The 2026 Secretary-General Election and Moral Authority
27.04.2026
“The UN is not just a product of do-gooders. It is harshly real. The day will come when men will see the UN and what it means clearly. Everything will...
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When AI Rules Diverge
23.04.2026
AI regulation is splitting across major jurisdictions. This post examines divergent AI regulations across jurisdictions, particularly in the EU, US, and China, and how such divergence generates compliance costs, liability uncertainty, and...
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Revisiting the UK’s 2011 Rescue of Nationals from Libya. Part II
22.04.2026
The first part of this post articulated non-violent evacuation operations (NVEOs) as a specific legal category of rescue operations that are defined negatively – as those rescues which do not...
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Revisiting the UK’s 2011 Rescue of Nationals from Libya. Part I
22.04.2026
In 2011, the UK, Germany and (seemingly) the Netherlands launched targeted rescue operations to rescue their nationals (before the passing of UNSC Resolution 1973, which authorised “all necessary measures [short...
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Oil Infrastructure as Military Objectives
21.04.2026
On 8 March 2026, the sky over Tehran showed almost apocalyptic scenes. Towering flames rising from fuel depots and refineries after the US-Israel-led strikes on Iranian oil infrastructure were seen...
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The Board of Peace Ltd.
20.04.2026
“We tried to structure this meeting like a proper board meeting, like we do in the private sector, where we have all the preparation, we get the right people together,...
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When Restraint Becomes Complicity
20.04.2026
The US-Israeli attacks against Iran, launched on 28 February 2026, have plunged the Middle East into a dangerous and expanding conflict – triggering a broader factual and normative wildfire. What...
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Iran’s Legal Strategy in Hormuz
16.04.2026
Geography remains Iran’s greatest wartime advantage and a key strategic asset in the ongoing 2026 conflict. The country’s rugged terrain, extensive coastline, and strategic depth in the Persian Gulf shape...
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The Erosion of Diplomacy, One Tweet at a Time
15.04.2026
It is a foundational premise of international legal theory that law between states operates through consent, reciprocity, and the sustained practice of interaction that generates customary norms. Unlike domestic legal...
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Humanitarian Exchange or Legal Normalisation?
13.04.2026
Since February 2022, the Russian Federation’s military action against Ukraine has been characterised, with unusual clarity, as a violation of one of the most fundamental norms of the international legal...
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The Law’s Apocalypse or the Law of Apocalypse?
10.04.2026
In the early post-Cold-War years, writing about the “funeral march” of the twentieth-century history, Hungarian philosopher Ágnes Heller penned, “Man-inflicted apocalypse is the parody of apocalypse. […] Men are envious...
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Vergessene Menschenrechte
10.04.2026
In der Schweiz wird es als nahezu selbstverständlich vorausgesetzt, dass wirtschaftliche, soziale und kulturelle Rechte (WSK-Rechte) grundsätzlich nicht justiziabel sind. Während bürgerliche und politische Rechte – etwa die Meinungsfreiheit –...
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Who Pays? The Question the ICJ Didn’t (Adequately) Answer
09.04.2026
The recent Advisory Opinion delivered by the International Court of Justice (the Court) on the obligations of statBlog es in relation to climate change (AO) has been hailed by the...
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A Right to Artistic Anonymity?
08.04.2026
“If you want to say something and have people listen, then you have to wear a mask”. This quote, attributed to Banksy, encapsulates the street artist’s philosophy. For Banksy, anonymity...
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Lessons Learned from the Minab School Strike
07.04.2026
“We will unleash experimentation, eliminate bureaucratic barriers, focus our investments and demonstrate the execution approach needed to ensure we lead in military AI, [...] we will become an ‘AI-first’ warfighting...
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Sudanese Lion Cub Propaganda
06.04.2026
In early 2026, Bellingcat, an open source research collective, published an investigation regarding ‘lion cub’ propaganda in the ongoing Sudanese civil war. It shows that both parties to the conflict...
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Gendering the Law of the Sea
03.04.2026
Over the past two years, international courts have entered the climate arena with unusual force. Advisory opinions from the International Tribunal for the Law of the Sea, the International Court...
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A Hungarian Bank Heist
02.04.2026
On March 6, 2026, an incident seemingly ripped from a poorly written crime thriller created the premises for new diplomatic friction between Hungary and Ukraine. Hungarian authorities intercepted two Ukrainian armored...
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America-First Alternatives to International Law (AFAIL)
01.04.2026
In international law, the development of legal theories has always been a political weapon. The developments in recent months have further intensified the drama of the debates within the field...
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America-First Alternatives to International Law (AFAIL)
01.04.2026
Theoriebildung war im Völkerrecht schon immer ein politisches Kampfinstrument. Die Entwicklungen der vergangenen Monate haben die Dramatik der Auseinandersetzungen innerhalb der Völkerrechtswissenschaft nochmals verschärft. Eine jüngst in den USA stattgefundene,...
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In the Public Eye
30.03.2026
In recent years, the selective compliance and the repeated non-compliance of parties with provisional measures at the International Court of Justice have dented the legitimacy of the Court (see further...
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The UN in the Line of Fire
27.03.2026
On 22 October 2025, the International Court of Justice (ICJ) issued its advisory opinion on the Obligations of Israel in Relation to the Presence and Activities of the United Nations,...
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From Ambition to Dilution?
26.03.2026
Ysaline Reid
Gauthier Michiels
On 25 October 2025, the European Commission (‘EC’) put forth a proposal to amend the EU Deforestation-Free Products Regulation 2023/115 (‘EUDR’). After two months of negotiations at the European Union...
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Tackling the Taliban’s Birth Control Ban
25.03.2026
More than three years later, obscured by the Pakistan-Afghanistan tensions, Afghan women face a reproductive crisis that the world cannot ignore. The Taliban’s ban on access to contraceptives has had...
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Rebuilding the Ship of Theseus
24.03.2026
The remarks of US Secretary of State Marco Rubio at the Munich Security Conference illustrate contemporary anxieties about the “rules-based order” (RBO). Rubio declared that “[…] we can no longer place the so-called global order...
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Whither Rightsholders in Africa?
23.03.2026
Globalization in the 21st century has created a governance gap that continues to have adverse effects on society, especially in Africa. Although the United Nations Human Rights Council (HRC) endorsed...
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Protecting UNRWA
18.03.2026
On 22 October 2025, the International Court of Justice (ICJ) published the long-awaited Advisory Opinion on the Obligations of Israel in relation to the Presence and Activities of the United...
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On ‘Taking Back Venezuelan Oil’
17.03.2026
Even though previous U.S. administrations have certainly also pursued ‘America First’ policies, defined as the advancement of national, or rather corporate interests through U.S. foreign policy, including through overt and...
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Power by Other Means
12.03.2026
Economic violence, the systematic restriction of access to economic resources, employment, property or decision-making, constitutes one of the most insidious yet concealed forms of gender-based violence (GBV). By undermining economic...
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Designed for Justice, Dependent on Politics
12.03.2026
In late 2025, the Council of Europe adopted the Convention establishing an International Claims Commission for Ukraine (Draft Convention), constituting a most ambitious effort to develop a reparations mechanism for...
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At the Twilight of the “Liberal” International Legal Order
11.03.2026
Aytekin Kaan Kurtul
Onur Uraz
The operation launched by the United States in Venezuela on 3 January 2026, culminating in the abduction of President Nicolás Maduro, has already been analysed through familiar lenses: the legality...
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Climate Advisory Opinions and the Emergence of General Principles
10.03.2026
On 23 July 2025, the International Court of Justice delivered its Advisory Opinion on the Obligations of States in Respect of Climate Change, outlining the States’ obligations under treaty and...
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Who Gets to Protest, and Who Gets to Live
10.03.2026
Shiva Sharifzad
Shima Esmailian
Mass protests in Iran are not isolated eruptions but recurring political events in a cycle of repression and resistance. Domestically, these protests have been met with escalating state violence, whereas...
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The Absent-Present: What Paragraph 456 of the ICJ Advisory Opinion Reveals About International (Climate) Law
09.03.2026
Since its release on 23 July 2025, the Advisory Opinion of the International Court of Justice on the Obligations of States in Respect of Climate Change (the Opinion) has generated...
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The Bonaire Climate Case
09.03.2026
Paula Andrea Nieto Hernandez
Climate injustices are often interlinked with other historical injustices related to colonization, slavery, and their remnants which manifest in different forms of disadvantage in the lives of present and future...
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The ‘Trump Corollary’ to the Monroe Doctrine
28.02.2026
On 2 December 2025, the White House published the National Security Strategy 2025. It contains the explicit invocation of a ‘Trump Corollary’ to the Monroe Doctrine. The US attack on Venezuela...
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On the Timing of Responsibility
28.02.2026
In May 2021, the cargo vessel X-Press Pearl caught fire off the coast of Sri Lanka. After burning for days before eventually sinking, the ship released 70- 75 billion plastic...
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Head of State Immunity
27.02.2026
According to a widespread view among scholars, heads of state and heads of government are, and have long been, entitled to an absolute personal immunity from foreign jurisdiction (here, here and...
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The Architecture of ICC Charges
27.02.2026
Gurgen Petrossian
Pablo Gavira-Díaz
Despite two decades of jurisprudence and procedural refinement, the International Criminal Court (ICC or Court) continues to struggle with the length, complexity, and unpredictability of its proceedings. Much has been...
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Courageous or Naïve about the Reparations Loan for Ukraine?
25.02.2026
The widely discussed (see here and here) legal basis for EU’s executive economic measures enshrined in Article 122(1) TFEU is commonly referred to as an “emergency clause”. Once again, this...
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What Makes a Lawyer a Lawyer?
24.02.2026
Adel-Naim Reyhani
Mohor Fajdiga
What makes a lawyer a lawyer? The question sounds elementary, yet legal systems rarely confront it directly. Ordinarily, they need not to: the role is constituted through a familiar constellation...
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Interim Measures ‘Geneva Style’
13.02.2026
In proceedings supported by the Society for Civil Rights (‘GFF’) before the UN Committee on Economic, Social and Cultural Rights (‘Committee’ or ‘CESCR’), in mid-October 2025, Germany was provisionally requested...
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Chinese Legal Warfare in the Ryukyus
12.02.2026
On April 1, 1945, thousands of American troops landed on Okinawa, marking the brutal finale of a years-long campaign of “island hopping” against Japan. The strategy used islands as stepping...
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Can the US Leave the WHO?
12.02.2026
On 20 January 2025, the day of his inauguration as the 47th President of the United States (US), Donald Trump announced his intention to withdraw the US from the World...
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Joint Global Efforts?
11.02.2026
Zilan Linnéa Hansen
Laura Kraft
The Thirtieth Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) (COP 30) was held in November 2025 in Belém, Brazil. It took place at...
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Fast-Tracking and Fundamental Rights
10.02.2026
In recent years, the European Union has placed unprecedented emphasis on accelerating its green and industrial transitions. Two flagship instruments, the revised Renewable Energy Directive (RED III) and the Critical...
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The Xinjiang Cotton Conundrum
09.02.2026
Anwesha Divya Charan
Hargun Dang
The t-shirt you have on now? It might have begun its journey in Xinjiang, China, an area embroiled in geopolitical and legal controversy. Over the years, there have been countless...
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Trump and the International Legal Order
06.02.2026
In the early hours of 3 January 2026, the United States launched “Operation Absolute Resolve”. The military attack, which reportedly cost the lives of at least 80 people, consisted of...
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Is an Embassy “Territory”?
06.02.2026
The concept of “territory” is foundational to international law, yet its functional meaning can shift dramatically across different legal regimes. This tension was recently scrutinised in the Spentech Engineering Limited...
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Intersectionality in International Human Rights Law
05.02.2026
In an earlier contribution, I analysed the European Court of Human Rights’ (ECtHR) usage of the concept of intersectionality to address claims of multidimensional discrimination. The main conclusion of that...
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Subsidiary Protection and Climate Refugees
02.02.2026
The International Organization for Migration reports that, over recent decades, 218.6 million people have been internally displaced due to climate change, and some projections estimate that up to 1.2 billion...
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New Treaties, Old Outcomes
22.01.2026
Balanced investment treaties are often sold as a solution to the legitimacy crisis of Investor-State Dispute Settlement (ISDS). States now incorporate detailed clauses, right-to-regulate provisions, and carve-out clauses to strike...
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The Everyday Revolt of Bodies in Iran
21.01.2026
Iran is currently witnessing a large-scale uprising, with women’s rights part of its demands. Yet, this struggle predates mass protests, rooted in decades of activism and everyday acts of resistance....
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To Regulate or Not to Regulate?
19.01.2026
The Digital Omnibus Regulation Proposal and the Digital Omnibus on AI Regulation Proposal, both presented on 19 November by the European Commission, are certain to attract substantial attention from commentators...
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