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The European Court’s Admissibility Decision in Ukraine and the Netherlands v Russia: The Good, the Bad and the Ugly – Part II

In the first part of this post I talked about the (many) good things about the European Court’s admissibility decision in Ukraine and the Netherlands v Russia. In particular, the conclusion that Russia controlled the separatist areas of Eastern Ukraine from 2014 up to the oral hearing in the case in 2022 and (as the Court will inevitably find) to this day is legally and factually unimpeachable. It will be applied in all future cases dealing with the Ukrainian conflict. In this good category we can also include, albeit with a bit of hesitation, the Court’s approach to the jurisdiction issue regarding the downing of the MH17. Essentially the Court found that the missile that downed the MH17 was fired from Russian-controlled territory and that the plane was hit in the airspace above Russian-controlled territory, so that the spatial model of jurisdiction could apply here as well. It is therefore clear from the ample evidence before the Court that, unlike in the case of the artillery attacks discussed above, both the…

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The European Court’s Admissibility Decision in Ukraine and the Netherlands v Russia: The Good, the Bad and the Ugly – Part I

Yesterday the Grand Chamber of the European Court of Human Rights delivered its much-anticipated decision on jurisdiction and admissibility in the interstate case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20 – decision; press release). The Court declared the applications admissible, in a clear win for the applicant…

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US – Origin Marking Requirement: Did the WTO Panel Get the Balance Right between Trade Security and National Security?

On 21 December 2022, the WTO Dispute Settlement Panel ruled against the United States (US) on the product labeling requirement for all goods from Hong Kong to be marked “China” as their country of origin. This requirement came from the executive order that then US President Donald Trump signed on 14 July…

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Announcements: EU-Charter of Fundamental Rights and National Fundamental Rights Conference; CfS Canadian Yearbook of International Law; Internally Displaced Persons and International Refugee Law Event; CfP Irish Yearbook of International Law; Armed Conflicts and the Environment Webinar

1. Online Conference On the Relationship Between the EU-Charter of Fundamental Rights and National Fundamental Rights. The Wilhelm Merton Center for European Integration and International Economic Order at the Goethe University Frankfurt is is hosting their Online Conference “On the Relationship between the EU-Charter of Fundamental Rights and National Fundamental Rights” on 2 February 2023. Find…

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The Revived Debate over Development and Human Rights: Economic Self-Determination, Sovereignty, and Non-Discrimination in State Policies

2017 closed, and 2018 began, with triumphant pronouncements of economic recovery in the United States (e.g. the US economy growing again at its fastest pace at 3.2% GDP growth rate, lowest unemployment rate at 4.1%) and the European Union (e.g. registering its highest GDP growth…

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“Are you smarter than Professor Hawking?” Higher Forces and Gut-Feelings in the Debate on Lethal Autonomous Weapons Systems

“Professor Hawking says that artificial intelligence without control may cause the extinction of the human race”, noted a Chinese delegate following a session on ‘mapping autonomy’ at the Convention on Conventional Weapons (CCW) meeting of experts which took place from 11-15 April 2016 at the United Nations in…

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Yet More on Immunity: Germany brings case against Italy before the ICJ

For those of you who are not particularly interested in the law relating to immunity, I apologise for three consecutive posts on the topic. However, this is a week in which there just happen to have been many developments on this topic. This week Germany has…

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The Grand Chamber Judgment in Hassan v UK

The eagerly-awaited Grand Chamber judgment in the case of Hassan v UK has now been released, and its importance for anyone interested in extraterritoriality, detention and the relationship between international humanitarian law (IHL) and international human rights law (IHRL) cannot be overstated. For the first time in…

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The Legal Death of Free Speech in Russia

‘[W]hat made me particularly happy was to see that the Committee’s decision [to award him the Nobel Peace Prize] stressed the link between defense of peace and defense of human rights, emphasising that the defense of human rights guarantees a solid ground for genuine long-term international cooperation.

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Institutionalisation and Deprivation of Legal Capacity: This is how Hungary is Violating the Rights of Persons with Disabilities

NGOs have long been sounding the alarm that Hungary is seeing a rise of persons with disabilities being deprived of their human right to equal recognition before the law, and are continuously subjected to guardianship and institutionalisation. It is known that laws and practices linked…

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