EJIL: Talk!
- EU Court of Justice finds Malta ‘golden passports’ scheme incompatible with EU law mai 9, 2025In an interesting and important decision of the Court of Justice of the EU, sitting as a Grand Chamber in Commission v Malta (Citizenship by Investment) [2024] EUECJ C-181/23, the Court has found that Malta’s 2020 ‘investor citizenship’ scheme is incompatible with EU law, in particular with the principle of sincere cooperation enshrined in article […]Eric Fripp
- Judicial Restraint and Jurisdictional Clarity: Decoding the ICJ’s Decision in Sudan v. United Arab Emirates mai 8, 2025On 5th May, 2025, the International Court of Justice [‘ICJ’] delivered its Order in Sudan v. United Arab Emirates, in the application filed on March 5, 2025 instituting proceedings against the UAE concerning alleged violations of the Genocide Convention [Convention], concerning the Masalit group in Sudan. By a vote of 14-2, the Court rejected Sudan’s […]Sarthak Gupta
- The WHO Pandemic Agreement: Equity for Developing States or Business as Usual? mai 8, 2025At 3am on Wednesday 16th April 2025, after three years of intense negotiations, WHO member states (minus the United States) preliminarily consented to a final text of the so-called Pandemic Agreement. The text will now be considered for final adoption at the upcoming World Health Assembly meeting in May 2025, where – barring any major […]Richard Clements
- Sudan v UAE: Where Legal Categories could have met Fluid Identities mai 7, 2025Sudan v. United Arab Emirates is no more before the International Court of Justice. Not only did the Court reject Sudan’s request for provisional measures against the UAE due to a lack of prima facie jurisdiction; it controversially – nine judges voted in favour; seven against – removed the case from its general list, arguing […]Edward Thomas
- Litigating The Maputo Protocol in relation to Conflict-related Sexual Violence Before the African Commission on Human and Peoples’ Rights – Two Steps ahead and One Step Back mai 7, 2025In a landmark decision adopted in 2024 and disclosed in April 2025 in Communication No. 700/18 dealing with the Minova case v. Democratic Republic of Congo (only available in French), the African Commission on Human and Peoples’ Rights (“the Commission”) concluded to the responsibility of the DRC in the grave and massive violations of rights […]Hélène Tigroudja
- The Latest Trump Threat to International Law: Unilaterally Mining the Area mai 6, 2025On 24 April 2025, the White House issued an Executive Order (“Unleashing America’s Offshore Critical Minerals and Resources”) directing the Administrator of the US National Oceanic and Atmospheric Administration (NOAA) to “expedite the process for reviewing and issuing seabed mineral exploration licenses and commercial recovery permits in areas beyond national jurisdiction under the Deep Seabed […]Coalter Lathrop
- Four new editors appointed to EJIL:Talk! mai 6, 2025EJIL is delighted to announce that Julian Arato, Wanshu Cong, Miles Jackson and Justina Uriburu have joined Nehal Bhuta, Devika Hovell and Marko Milanovic as editors of EJIL:Talk! Julian is professor of law at the University of Michigan; Wanshu a lecturer at the Law School of the Australian National University; Miles an associate professor of […]Nehal Bhuta
- Is ‘prolonged occupation’ still ‘military occupation’ governed by IHL? mai 5, 2025Article 42 of the Hague Regulations (HR), annexed to the 1907 Hague Convention IV, provides that a territory is considered occupied ‘when it is actually placed under the authority of the hostile army.’ In such circumstances, the relevant provisions governing military occupation become applicable, as codified in the HR (Articles 42-56), the Fourth Geneva Convention […]Georges Abi-Saab
- Critical Minerals, Environmental Harm and the Unspoken Rights of Nature: The Kafue River Spill in Zambia mai 5, 2025The global demand for critical minerals has intensified as part of the clean energy transition in line with goals outlined in the Paris Agreement. The environmental costs of extracting and processing these minerals, however, are increasingly borne by mineral-rich but ecologically and socially vulnerable regions. The 2024 Guiding Principles on Critical Energy Transition Minerals establish […]Malavika Rao
- Two Weeks in Review, 21 April – 4 May 2025 mai 4, 2025International Criminal Law Hugo Relva and Vito Todeschini critically analyze draft article 10 of the ILC Draft Articles on immunity of state officials, which would require a forum state to notify the official’s state before initiating criminal proceedings or taking coercive measures. The authors argue that this prior notification lacks a legal basis, risks hindering […]Tal Gross