United Nations
Harold Bertot Triana analyzes the influence of United Nations General Assembly (UNGA) resolutions condemning the U.S. embargo on Cuba, particularly the Helms-Burton Act, on the formation of a customary rule against unilateral economic sanctions in international law. Although UNGA resolutions lack binding authority, they may reflect an emerging opinio juris when they receive broad international support. However, a specific customary rule against unilateral sanctions has not yet formed due to significant abstentions and opposing votes, especially from the United States and its allies. While the UNGA’s longstanding opposition to the U.S. embargo has not created a binding customary rule, the nearly unanimous support for resolutions against the Helms-Burton Act indicates a growing opinio juris that could challenge the legitimacy of unilateral economic sanctions with extraterritorial effects. Read the full post here.
Dana Burchardt critiques the UN Human Rights Committee’s recent decision to extend the European Court of Human Rights’ Waite and Kennedy principles to the global context, requiring international organizations to uphold fair trial standards and independent justice mechanisms for their employees. The case involves a former Asian Development Bank (ADB) employee who challenged her dismissal through the ADB’s internal tribunal, arguing that it lacks independence and impartiality. While the Committee’s decision positively recognizes the human rights obligations of states and international organizations, Burchardt argues that it fails to apply the legal standard appropriately, missing an opportunity to strengthen fair trial rights within international organizations’ internal justice mechanisms. Read the full post here.
Eirik Bjorge argues that the United Nations General Assembly must protect the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in light of recent Israeli legislation that revokes the Agency’s privileges and immunities, effectively barring it from operating in Israel. This move exacerbates the humanitarian crisis for Palestinian refugees and violates international law. Bjorge calls for the General Assembly to request a binding advisory opinion from the International Court of Justice (ICJ) to clarify the legal implications of Israel’s actions regarding UNRWA’s inviolability, emphasizing that the status of UNRWA’s premises and operations must be upheld regardless of military or security concerns. He urges immediate action to safeguard UNRWA and ensure accountability in accordance with international law. Read the full post here.
International Trade
Sebastian von Massow examines the two tests applicable to determining the lawfulness of a trade agreement involving a non-self-governing territory. He explores the cases of Commission v Front Polisario and Council v Front Polisario, which address whether EU-Morocco trade agreements applied to Western Sahara require explicit consent from the Saharawi people or if benefits alone suffice. Von Massow finds that the European Court of Justice (ECJ) leans toward requiring consent but allows for implied consent if agreements provide specific, substantial, verifiable benefits, sustainable development, and regular oversight—effectively reintroducing the benefits test with stronger protections. However, he concludes that this approach does not fully align with the right to self-determination and the temporary nature of occupation. Read the full post here.
Law & Technology
In her analysis of the 2017 cyberattack on Maersk, Marie Thøgersen illustrates the vulnerabilities of global capitalism in the face of technological dependencies, showing how a single incident can disrupt vast networks and economic operations worldwide. The NotPetya attack serves as a case study highlighting the limitations of international law in addressing security risks in cyberspace and the fundamental reliance on digital technologies that underpin global supply chains. Thøgersen critiques the dominant narrative of technological progress as inherently beneficial, arguing that it overlooks the political and economic forces shaping technological developments. She emphasizes the need to understand the political economy of information technology, which perpetuates inequalities and enables corporate control over critical infrastructure. Ultimately, she argues that international cyber law must confront its complicity in sustaining global capitalism, suggesting that meaningful change requires dismantling these structures in favor of decentralized, democratic control over digital resources. Read the full post here.
Accountability in Domestic Courts
Jacques Hartmann, Lea Köhne, and Vincent Widdig analyze the challenges of enforcing international law through domestic courts in the context of arms exports, especially following the escalation of violence in October 2023. They argue that while international cases at the ICJ attract significant attention, domestic legal proceedings can offer quicker accountability, as demonstrated by a notable Dutch case that halted arms exports to Israel. However, the authors highlight substantial barriers to access to justice in countries like Germany, the UK, France, and Denmark, where courts often dismiss cases due to procedural restrictions and government discretion. Read the full post here.
European Court of Human Rights
Faraz Shahlaei contends that the Grand Chamber of the European Court of Human Rights (ECtHR) should address the independence and impartiality of the Court of Arbitration for Sport (CAS) in its ruling on the Semenya v. Switzerland case, despite prior judgments suggesting that these issues were settled. Shahlaei calls for the Grand Chamber to clarify CAS’s status to ensure that athletes receive fair treatment in alignment with international human rights law. Read the full post here.
Environmental Law
Melina Lima argues that the livestock sector significantly contributes to global greenhouse gas emissions, accounting for 16.5% to 28.1% of total CO2e emissions, yet it has been largely ignored in the Nationally Determined Contributions (NDCs) submitted by major meat-producing and consuming countries under the Paris Agreement. The omission violates key provisions of the Agreement, such as the obligation to rely on the best available science and the responsibility to protect greenhouse gas sinks. To effectively combat climate change, it is essential to address the environmental impacts of livestock farming through measures like eliminating subsidies, promoting plant-based diets, and raising public awareness, as neglecting this sector jeopardizes efforts to limit global warming to well below 2°C. Read the full post here.
María Emilia Lehne Cerrón highlights the urgent need for political will in Latin America to effectively implement the Escazú Agreement, a treaty designed to protect environmental and human rights defenders amid escalating threats such as violence, intimidation, and legal persecution. Despite the treaty’s potential as a legal tool, many countries have yet to ratify it, and its implementation remains hindered by political reluctance, structural obstacles, and the influence of powerful industries prioritizing economic interests over environmental protection. The article proposes that strengthening legal frameworks, empowering domestic actors, and fostering regional cooperation are essential steps to ensure the safety of defenders and effectively realize the Agreement’s goals, ultimately promoting a sustainable future. Read the full post here.
Court of Justice of the European Union
Lea Schubert’s analysis of the Court of Justice of the European Union’s (CJEU) judgment in the joint cases KD and KS v. Council and Others underscores the complex dynamics of judicial review concerning fundamental rights breaches within the Common Foreign and Security Policy (CFSP). The Grand Chamber’s ruling expands the Court’s jurisdiction despite the Treaty exclusions outlined in Article 24 TEU and Article 275 TFEU, particularly through a nuanced distinction between acts directly related to political or strategic decisions and those that are administrative in nature. While the judgment reflects the Court’s proactive approach to ensuring legal accountability, it does not fully resolve existing accountability gaps for fundamental rights violations linked to CFSP actions. Schubert emphasizes the inherent tension between the EU’s constitutional principles and the intergovernmental nature of foreign policy, raising concerns about the implications of excluding CFSP from judicial scrutiny and the potential risks of inadequate fundamental rights protections in EU missions. This discussion points to the need for robust mechanisms to safeguard human rights within CFSP frameworks, especially as the EU increases its military engagements. Read the full post here.
EJIL: The Podcast!
In episode 29 of EJIL: The Podcast!, Luíza Leão Soares Pereira, Fabio Costa Morosini, and Artur Simonyan join Editor-in-Chief Sarah Nouwen to discuss the way international law is taught, focusing on Brazilian textbooks as markers and makers of international law and on international lawyers in post-Soviet Eurasia. Listen to the new episode here.
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