EJIL: Talk!

• In This Issue – Reviews April 18, 2024
  Two essays begin the review section, one by Alan Nissel and another by Rebecca Mignot-Mahdavi. Nissel reviews Kathryn Greenman’s State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution, suggesting that it has ‘tremendous import for the philosophy of international law’ with its postcolonial critique and discussion of a better framework for the law […]
  Gail Lythgoe
• Towards an Enhanced Protection of Palestinian LGBTQ Refugees in Israel? April 18, 2024
  This blog aims to unpack a recent ruling from the Israeli district court concerning the eligibility of an LGBTQ Palestinian to seek refuge under the Refugee Convention. This issue is of tremendous importance, as LGBTQ Palestinians are a vulnerable group within the Palestinian community, in terms of social acceptance and also, at times, their personal […]
  Tal Mimran
• In This Issue April 17, 2024
  This issue opens with a Foreword by the late Karen Knop. In 2020, the EJIL Editors-in-Chief invited Professor Knop to write an EJIL Foreword, an annual feature in the Journal designed to give a distinguished author the space to explore the ‘state of the field’ in a specific area of international law. Professor Karen Knop, […]
  Ana Luisa Bernardino
• Klimaseniorinnen: the Innovative and the Orthodox April 17, 2024
  In his dissenting opinion in Klimaseniorinnen, Judge Eicke argues that the majority has gone “well beyond … the permissible limits of evolutive interpretation” in finding a violation of Article 8 [3]. In his view the majority took three innovative steps: (i) expanding the concept of victim status/standing to allow NGOs to have standing even where […]
  Jeremy Letwin
• New Issue of EJIL (Vol. 35 (2024) No. 1) – Out Next Week April 16, 2024
  The latest issue of the European Journal of International Law will be published next week.  Over the coming days, 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 In This Issue; In This Issue – Reviews; The […]
  Mary Guest
• A Human Right to Carbon Import Restrictions? On the Notion of ‘Embedded Emissions’ in Klimaseniorinnen v Switzerland April 16, 2024
  The European Court of Human Rights’ (ECtHR) climate decisions are out, and comments followed suit (for general overviews: here, here, and here; for related discussions of the notion of a carbon budget in the decisions: here and here). If anything about the decisions’ legal and factual implications is sure, it is that it will keep […]
  Andreas Buser
• Common Article 1 Does Prohibit Complicity in IHL Violations, Through Arms Transfers or Otherwise April 15, 2024
  Last week, over on Articles of War, I read with great interest a post on Common Article 1 (CA1) of the Geneva Conventions by my good friends Mike Schmitt and Sean Watts. Their post, building on their prior work, argues that CA1 should not be understood as having any external dimension. It comments in that […]
  Marko Milanovic
• Inter-generational Equity, Future Generations and Democracy in the European Court of Human Rights’ Klimaseniorinnen Decision April 15, 2024
  It was immediately evident that the European Court of Human Rights judgment in Verein  KlimaSeniorinnen v. Switzerland was groundbreaking in multiple regards and will prove fundamentally important in terms of shaping and, in many ways, advancing climate justice litigation at the European, international and domestic law levels. That decision, as well as those in Duarte […]
  Aoife Nolan
• Announcements: Exiting the Energy Charter Treaty Event; CfP German Yearbook of International Law; GROMADA Summer School and Moot Court; Global Health Law Interest Group Student Writing Competition April 14, 2024
  1. Exiting the Energy Charter Treaty under the Law of Treaties. In the latest in the series Bocconi Conversations in International Law, Lorand Bartels (University of Cambridge) and Tibisay Morgandi (Queen Mary University of London), in conversation with Roger O’Keefe (Bocconi University), will discuss whether there is a way under the law of treaties for […]
  Mary Guest
• A Swiss human rights budget? April 12, 2024
  In his vigorous, thoroughly readable, partly dissenting opinion to the recent ECtHR climate change ruling (Verein KlimaSeniorinnen Schweiz and Others v. Switzerland), Judge Eicke wonders whether the court has ‘tried to run before it could walk’ (para. 68). In particular, he is exercised by the Court’s attempt to apply a set of criteria by which […]
  Stephen Humphreys