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Attribution, Jurisdiction, Discrimination, Decapitation: A Comment on Makuchyan and Minasyan v. Azerbaijan and Hungary

July 10, 2020

You know how, every once in a while, you read a case that has everything? I mean really everything? Great facts. Grisly facts even, for those so inclined – say involving a beheading by a state agent. Great law. Not just some genuine legal innovation worthy of scholarly commentary – that’s fine obviously, but not all that uncommon. I mean proper, nerdy, esoteric legal stuff. It doesn’t have to be hugely important; it doesn’t have to concern the world’s most powerful states and its most pressing issues; but it still sticks in your head, it really does. And thank God it’s not about Covid. That’s the kind of case I mean. So let me tell you about one such case that has everything – Makuchyan and Minasyan v. Azerbaijan and Hungary, a Chamber judgment of the European Court of Human Rights, decided last month. As we will see, while focused primarily on the substantive and procedural obligations of states arising from the right to life, the case also raises significant systemic questions of…

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Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention: the U.S. Supreme Court Weighs In

July 9, 2020

On June 1st, 2020, the United States Supreme Court (“the Court”) issued a unanimous decision in G.E. Power Conversion France SAS Corp. v. Outokumpu Stainless USA, LLC, holding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) does not prohibit non-signatories from enforcing international arbitration agreements under…

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Shelter from the Storm? The International Legality of Granting Migratory Rights to Hong Kongers

July 9, 2020

Introduction This post analyses the international legality of States granting migratory rights to Hong Kongers.  The post mainly focuses on the United Kingdom’s proposal to grant persons with British National (Overseas) (BN(O)) status the right to live and work in the UK for up to five years, but also considers the legality of similar proposals from…

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The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice: A Reply to Our Critics

July 8, 2020

A few weeks ago, we published a proposal, in the form of a Position Paper, for the creation of a Mixed Chamber at the Court of Justice as a means, in part, of addressing the issues highlighted by the May 5th Weiss decision of the German Constitutional Court. This Chamber, to be composed of sitting members of the…

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Why The Netherlands should ratify CETA

June 30, 2020

Freya Baetens Marco Bronckers Pieter Jan Kuijper Wim Voermans Ramses Wessel

International law has been front-page news in The Netherlands for the past weeks as the Dutch Parliament is debating whether or not to ratify the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA). The so-called Second Chamber (Chamber of Representatives) approved such ratification in…

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

January 18, 2018

Diane Desierto

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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The Internationalisation of Black Lives Matter at the Human Rights Council

June 26, 2020

Sejal Parmar

‘Black Lives Matter’ resonated at the Human Rights Council on 17 June during the urgent debate on the ‘current racially inspired human rights violations, systemic racism, police brutality and violence against peaceful protests’. The stirring words of Philonise Floyd, George Floyd’s brother,…

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George Floyd’s Murder and the New Hope for Police Reform

June 22, 2020

Christopher Stone

The anti-racist protests dominating both old and new media these last three weeks are denouncing much more than racist and violent — indeed murderous — policing in the United States and many other countries. All honor and mourn George Floyd. Most invoke the names of other…

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The Value of Life

June 20, 2020

Christof Heyns

The right to life has been described by the UN Human Rights Committee as ‘the supreme right’. Its realisation is the precondition for the exercise of all other rights. Article 6 of the International Covenant on Civil and Political Rights provides that: ‘Every human being…

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Attribution, Jurisdiction, Discrimination, Decapitation: A Comment on Makuchyan and Minasyan v. Azerbaijan and Hungary

July 10, 2020

Marko Milanovic

You know how, every once in a while, you read a case that has everything? I mean really everything? Great facts. Grisly facts even, for those so inclined – say involving a beheading by a state agent. Great law. Not just some genuine legal innovation worthy of scholarly…

Read more

Private Security, Human Rights, and Covid-19

July 2, 2020

Sorcha MacLeod

Since the start of the COVID-19 pandemic we have seen a leap in demand for certain types of private security services from both States and businesses, and exacerbation of existing challenges in the sector. Many governments and other actors, such as the European Commission, are…

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The Internationalisation of Black Lives Matter at the Human Rights Council

June 26, 2020

Sejal Parmar

‘Black Lives Matter’ resonated at the Human Rights Council on 17 June during the urgent debate on the ‘current racially inspired human rights violations, systemic racism, police brutality and violence against peaceful protests’. The stirring words of Philonise Floyd, George Floyd’s brother,…

Read more
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The Monetary Gold Doctrine and the ICC: Can the ICC determine the Territorial Boundaries of…

June 16, 2020

Dapo Akande

The Prosecutor of the International Criminal Court (ICC) has been engaged in a Preliminary Examination of the situation in Palestine since January 2015. By December 2019, the Prosecutor had come to the conclusion that there is a reasonable basis to believe that war crimes have been, or are…

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How Trump's Migration Policy Erodes National and International Standards of Protection for Migrants and Asylum…

November 28, 2018

Lena Riemer

Early this month, 5,600 US soldiers were deployed to the southern border as a response to an approaching migrant caravan consisting of several thousand Central Americans. U.S. President Donald Trump called the advancing group in official statements a foreign “invasion” that warrants deploying up to 15,000 army…

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Private Security, Human Rights, and Covid-19

July 2, 2020

Sorcha MacLeod

Since the start of the COVID-19 pandemic we have seen a leap in demand for certain types of private security services from both States and businesses, and exacerbation of existing challenges in the sector. Many governments and other actors, such as the European Commission, are…

Read more

COVID-19 and the WHO’s Political Moment

June 25, 2020

Samantha Besson

In its Preamble, the Constitution of the World Health Organization (WHO) states that “[t]he achievement of any State in the promotion and protection of health is of value to all. [….] The health of all peoples is […] dependent upon the fullest co-operation of individuals and States.”. It…

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The right to enter his or her own country

June 23, 2020

Rutsel Martha Stephen Bailey

The tension between the right of the State to regulate entry into its jurisdiction and the right of the individual to move freely has come to the fore in the COVID-19 pandemic. In an effort to contain the transmission of COVID-19, it has been reported that…

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Why We Need to Stop Talking About ‘Killer Robots’ and Address the AI Backlash

July 9, 2018

In the field of artificial intelligence, the spectacle of the ‘killer robot’ looms large. In my work for the ESRC Human Rights, Big Data and Technology Project, I am often asked about what the ‘contemporary killer robot’ looks like and what it means for society. In this…

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Live from Kampala: Day 2

June 1, 2010

At long last, I have arrived in Kampala, after my original flight booking was affected – twice – by the British Airways strike. Much of today was a continuation of yesterday’s general plenary, wherein the states parties representatives read out pre-prepared statements of a polite but general nature,…

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Legitimate Targets?: A Reply to Jutta Brunnée and Geoff Corn

September 24, 2015

I would like to start by thanking Jutta and Geoffrey for their detailed and very thoughtful comments. I am particularly glad that Geoffrey focused on my interpretation of IHL, bringing to bear his military expertise and that Jutta focused on the…

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The Maastricht Principles and Extraterritorial Obligations in the Area of ESC Rights: A Response to Margot Salomon

November 18, 2012

Cedric Ryngaert is Associate Professor of International Law at Leuven University and Utrecht University. He is the author of, among other publications, Jurisdiction in International Law (OUP 2008). The Maastricht Principles on Extraterritorial Obligations of States in the Area of…

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Mistake of Fact in Putative Self-Defence Against Cyber Attacks

January 17, 2020

I am glad that Marko has taken on the task of tackling the issue of mistakes of fact in international law, as I completely agree that it is a very important yet so far largely overlooked aspect, surprisingly so. While I’d mostly approve of Marko’s deliberations and…

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Countermeasures vs. Collective Security? The EU Sanctions Against Iran

June 22, 2012

 Pierre-Emmanuel Dupont, is a lawyer based in Paris,France. His practice is centered on public international law and international investment. His article "Countermeasures and Collective Security: The Case of the EU Sanctions Against Iran" will appear shortly in (2012) 17 Journal of Conflict and Security Law but is now…

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In addition to blog posts, EJIL:Talk! also hosts Symposia on international law topics. These symposia might focus discussion from multiple contributors around a particular recent issue or recently published book. This has included a Symposium on the Genocide Convention, UN Global Compacts on Migration and Refugees, and Proportionality in the Conduct of Hostilities. EJIL:Talk! often co-hosts these symposia with other international law blogs or institutions.

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EJIL: Live! is the official podcast of the European Journal of International Law (EJIL). Launched in May 2014, EJIL: Live! podcasts are released in both video and audio formats to coincide with the publication of each quarterly issue of the Journal. Video episodes feature an in-depth discussion with one of the authors whose article appears in the issue. Audio episodes include a variety of news, reviews and interviews with the authors of articles.

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Brexit Climate Change Consular Relations Customary International Law Cyber Warfare Diplomatic Asylum Economic Development Extradition Global Health Human Rights International Criminal Court International Economic Law International Organisations Jurisdiction Migration Non-State Actors Peace Keeping Sanctions State Responsibility War Crimes

EJIL: Talk! Editorial Team

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Dapo Akande

Editor

Marko Milanovic

Editor

Diane Desierto

Editor

Devika Hovell

Editor

Kate Mitchell

Associate Editor

Mary Guest

Associate Editor

Gail Lythgoe

Associate Editor

Freya Baetens

Contributing Editor

Michael Fakhri

Contributing Editor

Douglas Guilfoyle

Contributing Editor

Monica Hakimi

Contributing Editor

Lorna McGregor

Contributing Editor

Anthea Roberts

Contributing Editor