EJIL: Talk!

• Priorities for Climate Litigation at the European Court of Human Rights May 2, 2024
  The European Court of Human Rights’ judgments in KlimaSeniorinnen v Switzerland, Carême v France, and Duarte Agostinho v Portugal and others confirmed that climate litigation in the European human rights system is difficult (general analysis of the judgments here and here). The reasons were expected and have been discussed before: victim status proved to be […]
  Lea Raible
• Mexico and Ecuador at the ICJ: A Plea for Taking the Latin American Experience Seriously May 1, 2024
  On 5 April 2024, Ecuadorian special operation agents broke into the Mexican Embassy in Quito, Ecuador. Security footage released by Mexico captures the moment the agents forcefully subdued Deputy Chief of Mission Roberto Canseco Martínez as he attempted to prevent their entry. During the raid, the agents apprehended Jorge David Glas Espinel, the former Vice-President […]
  Francisco-José Quintana
• Flag State responsibility in international human rights law for individuals on board private vessels May 1, 2024
  Introduction On 10 April 2024, the EU Parliament adopted new rules strengthening responsibility-sharing among member States in respect of management of migratory flows. The new Migration and Asylum Pact is the outcome of years of political negotiations, including in the light of the complex situation in the Mediterranean Sea. However, as we explain below, the […]
  Paolo Busco
• Interstate use of armed force in third states: what are the implications for conflict classification? April 30, 2024
  The events that are rapidly unfolding in the Middle East lately are a cause of grave concern in an increasingly violent and volatile world. On April 1, an Israeli airstrike on the Iranian consulate in Damascus killed a senior commander of the Iranian Revolutionary Guard Corps, as well as several other officers. Apart from the […]
  Zoi Lafazani
• Climate or carbon neutrality? Which one must states aim for under Article 8 ECHR? April 29, 2024
  In its judgment in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, the European Court of Human Rights (ECtHR) Grand Chamber ruled that Switzerland had acted insufficiently on climate change mitigation. This placed the Swiss senior women applicants at risk of climate harm, particularly from heatstroke, and breached their Article 8 rights to home and family […]
  Chris Hilson
• EU Space Law – Three reasons against, three reasons in favour April 29, 2024
  The EU Space Law is a legislative initiative of the European Commission with the purpose to establish a common EU approach to resilience, safety, and sustainability in space (see more in this EJIL:Talk! post). It was announced, rather unexpectedly, in September 2023 by European Commission President Ursula von der Leyen. According to the Commission Work […]
  Dimitra Stefoudi
• Announcements: CfP Energy Charter Treaty and Dispute Resolution Mechanisms; CfS Juris Gentium Law Review; CfP General Principles in EU External Relations Law; The Identity of Governments in International Law; Goldsmiths Law Annual Human Rights Symposium & Lecture April 28, 2024
  1. Call for Papers: The Energy Charter Treaty and Dispute Resolution Mechanisms Conference. This conference on the Energy Charter Treaty (ECT) and dispute resolution mechanisms in the energy sector is set to take place on 5 October 2024, at the International Hellenic University in Thessaloniki, Greece. Key topics for consideration include: The ECT’s ongoing relevance […]
  Mary Guest
• Resolution 2728 (2024) is a Binding Council Resolution April 26, 2024
  Resolution 2728 (2024) has legally binding effect. Eran Sthoeger makes the claim that the Security Council’s resolution 2728, which demanded an immediate ceasefire in Gaza, is “not legally binding”. This conclusion, he asseverates, follows from “a sound understanding of the practice of the Security Council under the Charter”. The true position is that the Council’s […]
  Eirik Bjorge
• Animal welfare and the evolution of public morality – Requirement to stun animals prior to ritual slaughter is Convention-proof April 26, 2024
  Despite its name, the European Convention on Human Rights (ECHR) also protects non-human beings. On several occasions, the European Court of Human Rights (ECtHR) has recognized that the protection of animals constitutes ‘a matter of general interest’ guaranteed by Article 10 (freedom of expression) (ECtHR, 8 November 2012, PETA Deutschland v Germany, para 47; 16 […]
  Sien Devriendt
• Bringing Justice Closer to Victims and Creating a Community of Practice? Some Thoughts on Ways to Implement the ICC OTP’s Policy on Complementarity and Cooperation April 25, 2024
  The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) launched a public consultation on its Draft Policy on Complementarity and Cooperation (‘Draft Policy’) on 6 October 2023. The Draft Policy contains four pillars which are meant to form the basis for deepening the OTP’s engagement with national authorities —creating a community of […]
  Miracle Chinwenmeri Uche