Over the past two weeks, EJIL’s contributors have offered thoughtful insights into a variety of pressing international law issues. Among the topics discussed are significant climate litigation rulings, developments in indigenous rights, challenges surrounding secondary sanctions, and the evolving role of peacekeeping forces, highlighting the dynamic nature of international legal frameworks.
Climate Litigation
Enikő Krajnyák analyzes the European Court of Human Rights’ (ECtHR) landmark judgment in Cannavacciuolo and Others v. Italy, which, for the first time, recognized a violation of the right to life (Article 2 ECHR) due to environmental pollution. The author finds that while the ruling breaks new ground, it maintains a restrictive approach to victim status, limiting standing primarily to individuals directly affected. The author highlights that the decision contrasts with the Court’s earlier KlimaSeniorinnen judgment, which allowed more flexible standing for climate change cases, raising questions about the ECtHR’s inconsistent approach to different environmental crises. Read the full post here.
Başak Çali discusses the execution of the ECtHR’s landmark climate mitigation judgment in Verein KlimaSeniorinnen v. Switzerland, which ruled that Switzerland’s inadequate legislative framework for addressing climate change violated Article 8 of the ECHR. The author highlights that Switzerland submitted an action report instead of an action plan, arguing that its revised CO2 Act and other measures sufficiently addressed the ruling, but NGOs and human rights organizations contested this, emphasizing the need for a quantified national carbon budget. The Committee of Ministers upheld the Court’s requirement for Switzerland to demonstrate a methodology for limiting greenhouse gas emissions and will continue monitoring implementation, highlighting the significance of sustained civil society involvement in enforcing climate litigation rulings. Read the full post here.
Saskia Stucki, André Nollkaemper, Cesare Romano and Anne Peters share notes on the Heidelberg conference which highlited the environmental, public health, and ethical issues tied to industrial meat production and advocated for transitioning to more sustainable food systems. The authors call for a reduction in meat consumption, and stresses the need for stronger international governance, including legal reforms, economic incentives, and investment in alternatives. Read the full post here.
Indigenous Rights
Letícia Machado Haertel examines the recent ruling by the Inter-American Court of Human Rights in the case of Pueblos Indígenas Tagaeri y Taromenane v. Ecuador, addressing the rights of Indigenous peoples living in voluntary isolation. The Court recognized the right of Indigenous peoples in voluntary isolation to remain uncontacted as a fundamental aspect of their self-determination, finidng Ecuador responsible for failing to protect the Tagaeri and Taromenane peoples from external encroachment. The author stresses the significance of the ruling as it establishes voluntary isolation as a legally protected status under the American Convention on Human Rights. Read the full post here.
Johan Stagstrup discusses the findings of two UN Committees, the CCRC and CESCR, that Finland violated the rights of the Sámi community in Kova-Labba Siida by granting mining permits without conducting an impact assessment or obtaining free, prior, and informed consent. The author stresses these findings represent a development in international law by affirming that Indigenous cultural rights are inextricably linked to land ownership and resource control. Read the full post here.
U.S. and International Law
Marko Milanovic examines whether Donald Trump’s coercive actions against U.S. allies, specifically Mexico, Canada, and Ukraine, violate the principle of non-intervention under international law. Milanovic explores different legal thresholds for coercion, arguing that Trump’s use of tariffs, threats, and withholding of intelligence and military aid amounts to extortion-like pressure, particularly in the case of Ukraine, where demands interfere with its sovereignty. While some actions may not be outright illegal under existing international rules, Milanovic suggests that their severity and intent could qualify them as prohibited interventions. Read the full post here.
Pierre Marie Dupuy reflects on the evolution of international law, emphasizing its role as a shared heritage of humanity. The author contrasts the optimism of the 1990s, when international legal institutions flourished, with the current challenges posed by Donald Trump’s second term, arguing that his administration is systematically undermining the post-World War II legal order. The author warns of the consequences of disregarding fundamental principles of international law and calls for a renewed commitment to defending its integrity. Read the full post here.
Space Law
Aaditya Vikram Sharma explores concerns raised by SpaceX’s Starlink project regarding corporate dominance in space and its impact on international legal frameworks designed for state actors. The Outer Space Treaty (OST) holds states responsible for private space activities, but current regulations struggle to manage issues like orbital congestion, spectrum allocation, and liability for collisions, prompting debates on governance and equitable access. Read the full post here.
Secondary Sanctions
Moritz Rhades explores whether there is an emerging customary international law (CIL) norm prohibiting secondary sanctions, particularly in light of widespread international condemnation of U.S. extraterritorial sanctions. While UN General Assembly resolutions and state reactions suggest opposition to such sanctions, the author argues that existing legal principles such as non-intervention, jurisdictional limits, and international trade law already regulate their legality. Ultimately, Rhades concludes that there is insufficient consistent state practice and opinio juris to establish an independent CIL rule against secondary sanctions. Read the full post here.
State Officials Immunity
Diego Uribe Bustamante discusses the ongoing debate within the International Law Commission (ILC) regarding the immunity of state officials from foreign criminal jurisdiction, particularly in relation to Draft Article 7, which seeks to exclude immunity for officials accused of jus cogens crimes like genocide and torture. The author highlights the lack of consensus among ILC members on whether exceptions to immunity have crystallized into customary international law and explores the potential for jus cogens norms to serve as a criterion for maintaining or expanding the list of crimes in Draft Article 7. Read the full post here.
Collective Explosion
Jessica Klüger discusses the implications of the European Court of Human Rights’ hearings on collective expulsion in February 2025, particularly in cases involving migrants and the potential use of the N.D. and N.T. v. Spain precedent. Klüger critiques the applicants’ legal strategies, which, rather than challenging the precedent, implicitly validated it, potentially reinforcing a security-driven narrative that could impact future migration cases. The author also explores whether collective expulsion should always be tied to non-refoulement and if derogations from these protections could ever be justified. Read the full post here.
Peacekeeping Forces in The DRC
Jennifer Giblin discusses the ongoing conflict in the Democratic Republic of Congo (DRC), focusing on the M23 rebel group’s recent capture of Goma and the subsequent implications for international law and UN peacekeeping efforts. Giblin examines the legal questions surrounding the use of force by UN peacekeepers, the potential escalation of the conflict into an international armed conflict, and the challenges faced by MONUSCO, the UN peacekeeping mission in the DRC. Read the full post here.
