Illegality, Third States Obligations and the ICJ’s 2024 Advisory Opinion – EJIL: Talk! – Go Health Pro

Illegality, Third States Obligations and the ICJ’s 2024 Advisory Opinion – EJIL: Talk! – Go Health Pro

In the last few years, despite such prohibition, Israeli officials have announced their plans and intention to annex the occupied Palestinian territory (oPt) in whole or part. In a recent statement, on 11 November 2024, Israel’s Finance Minister Smotrich announced a plan to impose Israel’s sovereignty to and annex the occupied West Bank in 2025. He also confirmed that the groundwork is already being put into place (see here and here). His plans also include annexation of the Gaza Strip, where the Israeli regime is conducting mass forcible transfer of Palestinians and building military bases (see here and here). The announcement of the US President to forcibly transfer Gaza’s population of over two million to Jordan and Egypt and take over the Strip, which was embraced by the Israeli far-right government (see here and here), emboldens Israel’s long-visioned plan to freely annex the occupied Palestinian territory. It has, in fact, encouraged further Israeli settlements expansion and land confiscation in the West Bank (see here and here).

This comes to no surprise as the Israeli government, led by Natanyahu, has long been in support of annexation and confiscation of Palestinian land in favour of illegal settlements (see here). At the factual level, Israel has been i) maintaining and expanding illegal settlements and outposts and their associated infrastructure, ii) expropriating Palestinian land and exploiting its natural resources, iii) proclaiming Jerusalem as its capital, iv) maintaining a restrictive and discriminatory planning and building regime for Palestinians, and v) applying extensive Israeli domestic law to East Jerusalem and extending Israeli law extraterritorially to Israeli settlers in the West Bank.

Read more

More on the Commission’s duty to assess State aid measures’ compatibility with EU procurement law — AG Medina Opinion in Paks II (C-59/23 P) — How to Crack a Nut – Go Health Pro

More on the Commission’s duty to assess State aid measures’ compatibility with EU procurement law — AG Medina Opinion in Paks II (C-59/23 P) — How to Crack a Nut – Go Health Pro

The extent and limits to the Commission’s duty to assess the compatibility of State aid measures with other rules of EU internal market law, and public procurement rules in particular, continues to heat up (see earlier comment here). According to the Court’s press release, today’s Opinion of AG Medina in Austria v Commission (Centrale nucléaire … Read more

Time and Temporality before the ICJ in the Advisory Opinion on Obligations of States in respect of Climate Change – EJIL: Talk! – Go Health Pro

Illegality, Third States Obligations and the ICJ’s 2024 Advisory Opinion – EJIL: Talk! – Go Health Pro

The ICJ’s Advisory Opinion on Obligations of States in respect of Climate Change is one of a string of recent cases which has brought the ICJ to the centre of public discussions of international law (see coverage of proceedings on the BBC, the Guardian, and Forbes), and academic commentators have already noted the significance of the case for procedural rules on the participation of small island developing states and amicus curiae from NGOs, the establishing of obligations erga omnes, and the Court’s use of experts fantômes. In this short post, I want to focus on a different aspect of the Advisory Opinion: namely, its temporal significance, as a decision over when climate change began, how it manifests in our present, and how it will develop in the future.

Time may seem a marginal issue for understanding climate change. Yet across the submissions of the 96 states and 11 international organisations participating in the case, different histories, presents, and future expectations are again and again put before the ICJ to guide its decision. For some states, climate change has a long history, its origins stretching back decades to the emergence of scientific consensus on climate change in the 1960s, or even further back to colonial possession of natural resources and the Industrial Revolution (see, for example, Kenya’s submissions that carbon dioxide emissions should be measured from 1850). This creates a differentiated present: while some states have historically made the largest contributions to climate change, it is others that have been forced to bare its brunt. Accordingly, the history of climate change alters expectations about its future regulation. With the pollution of some states already threatening the existence of others, the ICJ must recognise legal obligations between these states which can halt and rectify the existing damage caused by climate change and restore the right of those states to self-determination over their future (see, among many passing citations by other states, the detailed submissions on self-determination by the Melanesian Spearhead Group, the Republic of Fiji, the Marshall Islands, Papua New Guinea, Kiribati, Liechtenstein, Micronesia, Namibia, Nauru, Palau, Saint Vincent and the Grenadines, Samoa, and Tuvalu).

Read more

EDPB Opinion 28/2024 on personal data processing in the context of AI models A Step Toward Long-Awaited Guidelines on Anonymisation? – Go Health Pro

EDPB Opinion 28/2024 on personal data processing in the context of AI models A Step Toward Long-Awaited Guidelines on Anonymisation? – Go Health Pro

The European Data Protection Board (EDPB) adopted Opinion 28/2024 on 17 December  2024 on the basis of Article 64(2) of the General Data Protection Regulation (GDPR). This opinion addresses data protection concerns related to AI models. Requested by the Irish Data Protection Commission (DPC) in September 2024, the opinion offers non-exhaustive guidance on interpreting GDPR … Read more

A comment on the AG’s Opinion in C 19/23 Denmark v Parliament and Council · European Law Blog – Go Health Pro

EDPB Opinion 28/2024 on personal data processing in the context of AI models A Step Toward Long-Awaited Guidelines on Anonymisation? – Go Health Pro

Rekindling the ultra-vires debate? Most lawyers in the field of European Union law seem to have reached an (unspoken) consensus that breaches of the principle of conferral of powers (Art. 5(2) TEU) either do not occur or can not be successfully challenged before the ECJ anyway. Contrary to this, Advocate General (AG) Emiliou’s Opinion from … Read more

x