The hearings for the Climate Change Advisory Opinion at the International Court of Justice (ICJ or Court) are fast approaching, scheduled to start on 2 December, with participation from over 100 States and international organisations. However, a statement released by the ICJ on 26 November revealed that the judges held a meeting with members of the Intergovernmental Panel on Climate Change (IPCC) ‘to enhance the Court’s understanding of the key scientific findings which the IPCC has delivered through its periodic assessment reports covering the scientific basis, impacts and future risks of climate change, and options for adaptation and mitigation’.
Talk
The Luxembourg Court’s post-COVID jurisprudence on procedural rights – a new layer of obligations for Finland during future crises? – EJIL: Talk! – Go Health Pro
Within the legal context of the European Union, the group of so-called due process – or procedural – rights are safeguarded by Title VI (‘Justice’) of the Charter of Fundamental Rights of the European Union (CFREU). These provisions capture the right to an effective remedy and to a fair trial (Article 47), the presumption of innocence and right of defence (Article 48), principles of legality and proportionality of criminal offences and penalties (Article 49), as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence (Article 50). Not only are these procedural rights important for the proper functioning of the European Union’s internal market and of the EU’s Area of Freedom, Security and Justice (AFSJ), but they also create effective safeguards for the enforcement of all other substantive rights captured by the CFREU.
New Issue of EJIL (Vol. 35 (2024) No. 3) – Out Next Week – EJIL: Talk! – Go Health Pro
The latest issue of the European Journal of International Law will be published next week. Next week, we will publish a number of posts outlining the contents of this issue. Here is the Table of Contents for this new issue, as well as the Abstracts:
Editorial
The Long-Awaited Election of a Judge to the ECtHR in Respect of Poland – EJIL: Talk! – Go Health Pro
The year 2024 has been of significant electoral importance, not only in various countries but also for the judges at the ECtHR. While 5 judges are elected each year on average, no fewer than 15 judges were supposed to be elected in 2024 (see here, § 65), with 10 ultimately elected, including one from Poland. … Read more
A worrying escalation – EJIL: Talk! – Go Health Pro
On Wednesday, November 20, 2024, the United States announced its decision to supply anti-personnel landmines to Ukraine. Zelenskyy thanked the US for its decision and called these landmines essential for stopping Russian assaults, clearly indicating the intention to use these anti-personnel mines during the conflict. However, while the announcement was met with approval from Ukrainian officials, it also sparked criticism from numerous non-governmental organizations, which highlighted the grave humanitarian consequences associated with the use of anti-personnel landmines. These critics underscored the indiscriminate nature of such weapons and their potential to inflict enduring harm on civilian populations.
