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The Duties of Occupying Powers in Relation to the Fight against Covid-19

Significant scholarship is investigating the array of international legal issues pertaining to the fight against Covid-19. This brief post aims at contributing to this debate by assessing the obligations upon occupying powers in this regard. Many sources have been reported that Covid-19 has reached occupied areas such as the OPT (e.g., here) and Northern Cyprus (here). This post does not focus on the legality of the specific measures undertaken by some occupying powers, which will require more in-depth knowledge of facts and figures than the one currently available. Rather, it describes in wide brushstrokes the relevant legal framework to pave the way to future further analysis. Article 56 of the 1949 Fourth Geneva Convention (GCIV) The law of occupation embodies a number of rules that are relevant in relation to the fight against Covid-19. The main provision is Article 56(1) GCIV…

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Export restrictions under scrutiny – the legal dimensions of export restrictions on personal protective equipment

 “A crisis without borders cannot be resolved by putting barriers between us. And yet, this is exactly the first reflex that many European countries had. This simply makes no sense. Because there is not one single Member State that can meet its own needs when it comes to vital medical supplies and equipment. Not one.”…

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Diplomatic Immunity Trumps Children’s Rights, the English High Court Reluctantly Concludes: A Comment on A Local Authority v AG [2020] EWFC 18

This case concerned proceedings brought by a local authority to protect three children, specifically seeking a care order under Part IV of the Children Act 1989. There were credible allegations that the children had been physically abused by both their parents. On the evidence before him, Mostyn J thought it ‘extremely unlikely’ that the parents ‘would be…

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Supervision of Derogations in the Wake of COVID-19: a litmus test for the Secretary General of the Council of Europe

The pandemic COVID-19 has triggered a record number of derogations from the European Convention on Human Rights (the ‘ECHR’ or the ‘Convention’). By now, Albania, Armenia, Estonia, Georgia, Latvia, Moldova, North Macedonia and Romania have notified the Secretary General of the Council of Europe (the ‘Secretary General’) of their derogations from the ECHR. More States may…

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Guest Editorial: Without a new European patriotism, the decline of the EU is inevitable

On 26 March, an utterly divided EU emerged from the European Council dedicated to European measures aimed at managing the severest crisis since 1929, one far worse  than the 2012-2017 crisis. The coronavirus pandemic and the transpiring economic and social crises present Europe with an extraordinary opportunity: to decide to move towards a deeper unity, or to decline…

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A Plea Against the Abusive Invocation of Self-Defence as a Response to Terrorism

The use of force in self-defence against terrorist groups is one of the most controversial issues in the field of jus contra bellum today. Particularly since 9/11, several States have supported a broad reading of the right to use force in self-defence, as allowing them to intervene militarily…

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The Law Lords' Final Judgments

Yesterday the House of Lords delivered its last judgments as the final court of appeal in England and Wales. For many, many, many years (as with all thing English), the House of Lords had a dual function, sitting as both a part of the legislature and the judiciary. From 1…

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Syria and the Law of Humanitarian Intervention (Part III – A Reply)

Editor’s Note: This piece was originally published on Just Security. My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s recent threat of force catalyzed a…

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The 100th Anniversary of the Peace Palace

Today marks the 100th anniversary of the Peace Palace, which houses the International Court of Justice in the Hague. The Peace Palace also houses the Permanent Court of Arbitration (PCA), the Hague Academy of International Law and the Peace Palace Library. The idea for…

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UNCLOS, CITES and the IWC – A Tailored International Duty to Cooperate?

In October 2018, the Standing Committee (SC) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) concluded that Japan had failed to comply with certain CITES provisions regarding the trade in Appendix I species (namely, sei whales). This blog post seeks…

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Extra-Territorial Claims in the “Spider’s Web” of the Law? UK Supreme Court Judgment in Ministry of Defence v Iraqi Civilians

Over the past decade, the direction of travel of jurisprudence by English courts has significantly departed from an earlier position that considered the acts of the UK government in the exercise of foreign relations to be a non-justiciable area, and shifted towards scrutiny of the impact of UK…

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The Editors of EJIL:Talk! Are:

Dapo Akande

Marko Milanovic

Diane Desierto

Associate Editors:

Helen McDermott

Mary Guest

Gail Lythgoe

Contributing Editors:

Freya Baetens

Michael Fakhri

Douglas Guilfoyle

Monica Hakimi

Lorna McGregor

Anthea Roberts