We begin this latest issue of the European Journal of International Law with a high-profile exchange on Europe and Democracy between Armin von Bogdandy and Jürgen Habermas, who, despite the ambient malaise, believe in the promises of the European Union as a model for the democratization of the international arena.
In this issue, we feature three articles illustrating the eclecticism that characterizes EJIL: Leora Bilsky’s article, assessing the contribution of transnational holocaust civil litigation to conceptions of justice in international law; Virginie Barral’s article which revisits the issue of the legal status of sustainable development; and the article by Giuseppe Martinico which explores a possible convergence in the way national courts deal with both the ECHR and EU law.
Roaming Charges shifts from Moments of Dignity back to Places. In this issue it is Places of Entry – Tel Aviv Airport.
In this issue we publish a symposium on the EU and Climate Change that tackles the recent inclusion of aviation in the EU’s emissions trading scheme (ETS) from two different perspectives. Lorand Bartels addresses the legality of the scheme under WTO law whereas Joanne Scott and Lavanya Rajamani stress the relevance of the principle of Common but Differentiated Responsibilities and Respective Capabilities in the context of unilateral climate action.
This issue also displays two of our occasional series, Critical Review of International Jurisprudence and Critical Review of International Governance. In the first series, Alberto Alvarez-Jiminez proceeds to a systematic analysis of the different modalities of disputes over boundary agreements, featured in the ICJ’s jurisprudence over the last decade. In the second series, Jakob Cornides gives us a foretaste of what the EU anti-discrimination policy might entail.
We are hugely proud of EJIL’s book reviewing under the leadership of Professor Dr Isabel Feichtner of Frankfurt University. I think the selection of books for review is judicious and the various creative forms in which the reviews take place enhance and underlie the seriousness with which we take ‘the book’ in the age of the internet. In another example of creative innovation we introduce in this issue a further type of review essay – the review of A Life’s Work. This type of review does not assess, like our other reviews, individual books or developments in the literature on a particular topic. Instead, it concentrates on a scholar and critically assesses his or her writings, their impact on international law scholarship and their continued relevance in the world of today. An essay by Jorge Viñuales on the writings of Michel Virally begins this occasional series and focuses on Virally’s writings on International Organizations.
We also publish a Review Essay by Gregory Shaffer, who offers a transnational take on Nico Krisch’s pluralist structure of post-national law.