Cyberspace
Yohannes Eneyew Ayalew and Yuval Shany analyze the African Union’s (AU) adoption of the Common African Position (CAP) on international law in cyberspace. The authors focus on the CAP’s approach to digital human rights, including how existing human rights apply online, the potential development of new digital rights, and the obligations of both states and private companies in protecting these rights. The authors note that the CAP missed the opportunity to lead in defining new digital rights, clarifying extraterritorial obligations, and emphasizing African communal values in cyberspace governance. Read the full post here.
Russia-Ukraine conflict
Marko Milanovic examines the legal and policy implications of North Korea’s deployment of thousands of troops to support Russia in the Russo-Ukrainian conflict. Milanovic explores whether this act makes North Korea a principal aggressor or an accomplice in Russia’s aggression against Ukraine, and how this differs from prior support provided to Russia, such as the supply of weapons. The discussion analyzes the situation through the frameworks of state responsibility, jus ad bellum, and jus in bello. Read the full post here.
The International Criminal Court
Volodymyr Hryshko offers an analysis of the legal and policy issues surrounding the recent meeting between UN Secretary-General Guterres and President Putin. Hryshko argues that In meeting President Putin, Guterres may have also violated UN obligations toward the ICC under the ‘relationship agreement’ which entered into force in 2004. Read the full post here.
Environmental Law
Sebastián Rioseco and Tejas Rao examine the evolving role of Conferences of the Parties (COPs) in international law, highlighting their increasing autonomy, influence, and authority in shaping global governance. Noting the recognition COPs are receiving as potential legal actors with agency, the authors conclude that:
“This evolution may necessitate a reevaluation of fundamental principles in international law, moving beyond the state-centric model to accommodate the growing agency of COPs. As global challenges grow more complex and urgent, and States agree to have more axes/centres of decision-making to combat these challenges, the 2024 COPs may well serve as pivotal moments in the continuing evolution of these influential bodies, making them essential focal points for anyone interested in the intersection of international legal theory and global governance.”
Read the full post here.
Ingo Venzke and Jochen von Bernstorff explore the intersection of climate change and justice, highlighting questions regarding the unequal distribution of its impacts and the failure of current policies to address these disparities. The authors critique the concept of ‘sustainability,’ which, while promoting environmental goals, often reinforces global inequalities by imposing transition costs on the Global South. They call for a radical shift, proposing a Fossil Fuel Ban Treaty that would prohibit new fossil fuel extraction and prioritize redistribution to affected nations, aiming to create a more equitable and effective approach to tackling climate change. Read the full post here.
Treaty Negotiations
Roojin Habibi discusses the ongoing negotiations regarding the WHO Pandemic Agreement, highlighting the need for a flexible amending process to ensure effective pandemic preparedness and response. The author notes that the current amending formula could lead to fragmentation. To address this, Habibi suggests developing a streamlined amendment process for annexes and proposes a simplified procedure with opt-out provisions for parties. Read the full post here.
The European Union and investor citizenship module
Eric Fripp discusses the European Commission’s legal proceedings against Malta for its investor citizenship module, which grants Maltese (and EU) citizenship without residency. The Commission argues that this practice contradicts EU principles, such as the requirement for a genuine link between a state and its nationals, while Malta defends it as a national matter. In this regard, the author examines the 1955 Nottebohm case (Liechtenstein v. Guatemala), which questioned the validity of nationality without a genuine link to the state, and critiques the Commission’s interpretation of this case in relation to EU law. Read the full post here.
ICJ Jurisprudence
Alina Papanastasiou examines Palestine’s intervention in the International Court of Justice (ICJ) case South Africa v. Israel, initiated under the Genocide Convention. The author explores whether Palestine qualifies as a state under the ICJ Statute and considers past precedents and approaches to contested statehood in international law. Drawing on examples like the ICC’s limited recognition of Palestinian statehood and functional interpretations of statehood in other cases (e.g., Kosovo and Chagos), the Papanastasiou suggests the ICJ might avoid addressing Palestine’s broader statehood status by allowing intervention for procedural purposes. Read the full post here.
In her post, ‘Whose Legal Duty to Aid?’ Cherry Tang argues that under the Genocide Convention, all states, not just Israel have a legal duty to ensure humanitarian aid and prevent genocide in Gaza. Anchored in both the Genocide Convention and ICJ jurisprudence, the author emphasizes that states must employ all means within their capacity to do so. Read the full post here.
Michelle Burgis-Kasthala and Matilde Masetti Placci explore the evolving discourse surrounding genocide and related concepts in the context of Israel’s actions in Gaza, highlighting the limitations of traditional genocide definitions under international law. The authors examine the use of terms such as “sociocide,” “spaciocide,” and “ecocide,” to address the forms of ruin impacting Palestinians. The authors argue that while the Genocide Convention focuses on intent and physical destruction, these neologisms reflect a broader understanding of systematic harm and communal annihilation. Read the full post here.
Advice for Early-Career Scholars
Joseph Weiler offers a guide for early-career scholars on how to effectively workshop and produce high-quality edited collections, such as books or journal symposia. Weiler suggests a detailed, step-by-step “best practice” framework aimed at ensuring that such projects contribute meaningfully to the academic discipline and avoid common pitfalls. Read the full post here.
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