Sovereignty and Territorial Integrity
In her post “Empire by Purchase: From Manhattan to Greenland (1625-2025),” Janne Nijman examines the historical and contemporary practice of nations acquiring territories through financial transactions. The author discusses U.S. President Trump’s expressed interest in purchasing Greenland and contextualizes this within a broader historical framework of territorial acquisitions via purchase, such as the acquisition of Manhattan. Nijman explores such transactions’ legal, political, and ethical implications, questioning the legitimacy and consequences of expanding empires through monetary transactions. Read the full post here.
In her post “Lebensraum and Großraum: Nazi Spatial Theories Beyond Nazism,” Mira Hamad examines how the Nazi concepts of Lebensraum and Großraum, which justified territorial expansion and hegemony, resonate with contemporary geopolitical strategies. She explores the origins of these theories, Lebensraum as a biologically driven need for territorial expansion, and Großraum as a legal framework for regional dominance. The author draws parallels to modern instances where powerful states pursue territorial changes or influence, challenging principles of territorial integrity and self-determination established after 1945. Hamad emphasizes the importance of understanding these ideologies to recognize their resurfacing in current international relations. Read the full post here.
Michel Rouleau-Dick examines recent constitutional reforms within the Sovereign Military Order of Malta and their potential implications for Small Island Developing States (SIDS). The author discusses how these changes might influence the Order’s role and relevance in supporting SIDS in maintaining their sovereignty and addressing unique challenges. The author further emphasizes the importance of such entities in assisting SIDS to retain control over their destinies and statehood. Read the full post here.
Human Rights
Valérie Suhr critiques of the European Court of Human Rights’ (ECtHR) ruling in R.F. and Others v. Germany. The Court upheld Germany’s law recognizing solely the birth mother as the child’s automatic legal parent, requiring the genetic mother in a same-sex partnership to adopt her child. The author argues that this ruling overlooked human rights concerns, as the legal insecurity and bureaucratic intrusions of adoption disproportionately impact same-sex families, potentially violating the right to private and family life and the prohibition of discrimination under the European Convention on Human Rights (ECHR). Thus, the ECtHR missed an important opportunity to advance the rights of rainbow families and urges future cases to challenge this legal disparity. Read the full post here.
Ben Saul discusses the Council of Europe’s proposed definition of terrorism, arguing that it infringes on human rights by potentially criminalizing a broad range of activities and expressions that do not necessarily constitute terrorism. Saul highlights concerns that the definition could lead to excessive state powers, abuse of legal frameworks, and violations of civil liberties. The post emphasizes the importance of maintaining a clear distinction between legitimate political dissent and actual acts of terrorism to protect individual rights and uphold democratic values. Read the full post here.
Kate Murphy critiques a proposal from the President of El Salvador to allow the U.S. to transfer its convicted prisoners to Salvadoran prisons for a fee, raising serious human rights concerns amid escalating violence and a state of emergency in El Salvador. The proposal risks violating the principle of non-refoulement, which protects individuals from being sent to places where they may face harm. Murphy highlights the inhumane conditions in Salvadoran prisons, arguing that this transfer would further dehumanize inmates and commodify incarceration. Ultimately, the article warns that such practices could undermine democratic values and the rule of law by legitimizing the profit-driven exploitation of prisoners. Read the full post here.
Naval Auxiliary Vessels
Robert McLaughlin examines the legal status and operational rights of naval auxiliary vessels in light of recent incidents involving merchant vessels used for strategic purposes, such as cutting undersea cables in the Baltic Sea. McLaughlin highlights that, unlike warships, auxiliaries are not permitted to engage in attacks, underscoring the complexities and legal challenges associated with their use in contemporary maritime operations. Read the full post here.
International Court of Justice
David Scott examines the International Court of Justice’s (ICJ) approach to temporal considerations in its advisory opinion on states’ obligations regarding climate change. The author discusses how the ICJ addresses the timing of legal responsibilities, the implications of historical emissions, and states’ forward-looking duties to prevent future harm. Scott further explores the tension between developed and developing nations, particularly how some states emphasize a collective global threat while downplaying historical inequalities in climate change contributions. Read the full post here.
Armed Conflict
Haim Abraham, Conall Mallory and Steven van de Put highlight the increasing civilian casualties in armed conflicts and the inadequate mechanisms for providing justice and reparations to those affected. The authors discuss the complexities of establishing effective reparations frameworks governed by various legal bodies and emphasize the need for timely and practical redress. The authors critique the UK’s current approach while drawing insights from practices in the US, the Netherlands, and Israel, noting both successes and challenges. They propose reforms, including the establishment of a statutory reparations mechanism, improved transparency in investigations, and the inclusion of victim voices in the process. The authors call for urgent action to address these issues, underscoring the moral, legal, and strategic imperatives for reform in the pursuit of accountability and justice for civilians harmed in warfare. Read the full post here.
UN Organizations Funding
Diane Desierto discusses recent actions taken by the United States to reassess its involvement and funding for various United Nations organizations, marking a potential shift away from its long-standing support of the UN system, which was established in the aftermath of World War II. Desierto highlights the historical context of U.S. engagement with the UN, the significance of the “Grand Bargain” struck during the formation of the UN, and the implications of U.S. disengagement on international cooperation, human rights, and global stability. Desierto argues that unraveling this “Grand Bargain” could undermine the principles of international law and the benefits that Pax Americana has brought to the U.S. and the world, potentially leading to adverse consequences for U.S. interests and global peace. Read the full post here.
Education and Technology
Michelle Burgis-Kasthala discusses an innovative assessment designed by her for a master seminar on women’s rights, which integrated the use of AI, specifically ChatGPT, to engage students in critical thinking about feminist judging. Students analyzed the European Court of Human Rights case SAS v France and worked in groups to prompt ChatGPT to re-write the case as a feminist judgment. Katherine May’s reflective response highlighted the complexities of knowledge production, access disparities in AI, and inherent gender biases. Overall, the exercise aimed to empower students to critically assess the law, technology, and social justice while fostering dialogue about the implications of AI in legal education. Read the full post here.
EJIL: The Podcast!
Listen to EJIL: The Podcast! “Episode 31: Gradually, then Suddenly — Climate, Trade and the Charter Order in Precarious Times” here.
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