Talk

The Historic Case of Novaya Gazeta and Others v Russia – EJIL: Talk! – Go Health Pro

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The Historic Case of Novaya Gazeta and Others v Russia – EJIL: Talk! – Go Health Pro

Born into a Jewish family in Ukraine, Vasily Grossman’s monumental account of totalitarian Stalinist Russia, Life and Fate, which included a remarkable portrayal of the battle of Stalingrad during World War II, was banned by the KGB before it could be published in the Soviet Union. In response, Grossman wrote to the then Soviet leader, … Read more

Ingrid Jonker’s Poem and the Atrocity Crime Without a Name – EJIL: Talk! – Go Health Pro

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The Historic Case of Novaya Gazeta and Others v Russia – EJIL: Talk! – Go Health Pro

The child is not dead not at Langa nor at Nyanganot at Orlando nor at Sharpevillenor at the police station at Philippiwhere he lies with a bullet through his brain…the child is present at all assemblies and law-givings… The reprise of South African place names at the heart of Ingrid Jonker’s poem, a poem recited first … Read more

What can UNCITRAL Working Group III learn from the ECtHR? – EJIL: Talk! – Go Health Pro

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What can UNCITRAL Working Group III learn from the ECtHR? – EJIL: Talk! – Go Health Pro

The ISDS reform process at UNCITRAL Working Group III provides a unique opportunity to consider new institutional dispute settlement designs. As EJIL:Talk! Readers will know from earlier blogs on this reform process, a standing mechanism to resolve investment disputes is one of the key proposals in the strengthening of the institutional design, with a Draft Statute for the mechanism up for discussion in this month’s session.

Previous debates on the standing mechanism touted enforcement as a “key feature of any system of justice” and essential to ensure the effectiveness of the standing mechanism (see [62] of the Report on the 38th session). Early work on enforcement options for the standing mechanism suggested limited concerns with compliance, commenting anecdotally that “most decisions by ISDS tribunals were voluntarily complied with” (see [74] of the Report on the 38th session). Consequently, the current Draft Statute for the standing mechanism continues the arbitral tradition of enforcement proceedings in domestic courts as a means to ensure compliance (see Articles 25 and 36). Domestic court enforcement proceedings were considered appropriate “to maximise the chances of having [the standing mechanism’s] decisions enforced” (see [102] of the Report of the Singapore Intersessional).

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A Ukrainian Peace Agreement Without Ukraine? – EJIL: Talk! – Go Health Pro

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The Historic Case of Novaya Gazeta and Others v Russia – EJIL: Talk! – Go Health Pro

Several months ago, I examined what was shaping up to be a very dark ending to the Ukraine conflict.  Russia and the United States would draft a peace agreement requiring that Ukraine cede substantial territory to Russia, as well as potentially granting immunity to Russian officials for international crimes and enabling the mass deportation of Ukrainians from Russian controlled areas.  The U.S. and Russia would present that agreement to Ukraine as a take-it-or-leave it proposition. If Ukraine signed, it would obviously do so because of Russian coercion via the use of force in 2014 (Crimea) and 2022 (the rest of Ukraine).  If it did not, the war would continue, with the U.S. likely withdrawing its logistical and intelligence support from Ukraine as a result.

That account turned out to be overly optimistic. While as of this writing the negotiations are proceeding in fits and starts, the main talks in Saudi Arabia have begun without Ukraine’s direct participation. While Ukraine has few options in the face of a seemingly unified Russian-American front, it has nonetheless made clear that it will not accept any agreement that allows Russia to annex all the territory it currently occupies or one that does not provide for credible third-party security guarantees. It also objects to other Russian demands, such as the calling of elections.  A U.S. envoy has described the status of the Russian occupied territories the “elephant in the room” at the negotiations. These developments thus present the very real possibility that Russia and the US will deal with the Ukrainian objections by simply removing it from the process entirely and concluding an agreement to which Ukraine is not a party.

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The Ukraine Dialogue – EJIL: Talk! – Go Health Pro

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The Historic Case of Novaya Gazeta and Others v Russia – EJIL: Talk! – Go Health Pro

Thucydides’ famous Melian Dialogue came to mind when reading about President Trump’s demand that Ukraine surrender control over its natural resources and accept Russian control of additional territories. As described by Thucydides in the Melian Dialogue (416 BCE), Athens demands the submission of Melos, a weaker island state, offering it a stark choice: subjugation or … Read more