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10 Good Reads 2022

Here is my pick of ‘Good Reads’ from the books I read in 2022. I want to remind you, as I do every year, that these are not ‘book reviews’, which also explains the relative paucity of law books or books about the law. Many excellent ones have come my way in 2022, as in previous years, but an excellent law book is not always, in fact rarely is, a ‘good read’ in the sense intended here: curl up on the sofa and enjoy a very good read, maybe even as a respite from an excellent law book. I should also point out that some of these ‘good reads’ are not necessarily literary masterpieces – and yet, still, they are very good reads. Moshe Halbetal and Stephen Holmes, The Beginning of Politics: Power in the Biblical Book of Samuel (Princeton University Press, 2017) Inspired by this wonderful volume, which analyses the Book of Samuel, I recently gave a talk entitled ‘Politics, Power and Authority? Forget Machiavelli – It Is All in the…

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Are sovereignty referendums but a tool to legitimize territorial claims of the powerful?

This is the impression one could be left with in the wake of the popular votes organized by Russia in the occupied Ukrainian regions of Donetsk, Kherson, Luhansk, and Zaporizhzhia. This impression might be reinforced by the fact that, as recently shown by Sze Hong Lam on these pages, these were by far not the first…

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Civilians are Protected Under GC IV 1949: The Illegality of Russian Filtration Camps under IHL

This piece examines the illegality of Russian filtration camps considering International Humanitarian Law (IHL). Filtration camps are set up by Russia for Ukrainian civilians implicated in Russia’s war against Ukraine. The illegality of such camps is to be presumed in IHL rules on civilian internment contained in Geneva Convention IV 1949 (GC IV). While IHL does not contain…

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Is there a Right to be Protected from the Adverse Effects of Scientific Progress and its Applications?

An entitlement to access the benefits of scientific progress and its applications, particularly technology, is almost certainly settled content of the right to science. It has traditionally been interpreted from Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights, but probably inheres in a broader interpretation of Article 15, particularly following General Comment…

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Libya’s Obligation to Surrender Saif Gaddafi to the ICC: A Follow Up

After the capture of Saif Gaddafi (who is wanted by the International Criminal Court) in November last year, Libya’s National Transitional Council stated that it would seek to prosecute Saif in Libya and that the NTC did not intend to turn him…

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Republic of Argentina v. NML Capital Ltd.: The Global Reach of Creditor Execution on Sovereign Assets and The Case for an International Treaty on Sovereign Restructuring

 On June 16, the United States Supreme Court (SCOTUS) (Sculpture of Contemplation of Justice at the US Supreme Court, above left, credit) issued its judgment (penned by Justice Antonin Scalia) in Republic of Argentina v. NML Capital Ltd., affirming the Second Circuit Court…

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Electoral Cyber Interference, Self-Determination and the Principle of Non-Intervention in Cyberspace

Introduction In recent years we have witnessed persistent attempts to interfere in elections by using cyber means. Russia’s cyber interference in the 2016 US presidential election is a prime and perhaps the most discussed example but it is not the only one; other incidents include…

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The Interpretation and Application of Fair and Equitable Treatment: An Arbitrator's Perspective

Sir Frank Berman KCMG QC is Visiting Professor of International Law at the University of Oxford and a member of Essex Court Chambers where his practice involves a wide range of international law issues, including international arbitration. There can be no-one active in…

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The Kunduz Affair and the German State Liability Regime – The Federal Court of Justice’s Turn to Anachronism

On 6 October 2016 the Federal Court of Justice (henceforth “Court”) decided on an appeal against the Higher Regional Court of Cologne’s dismissal of two actions for compensation brought against the Federal Republic of Germany (III ZR 140/15, only available in German): Abdul Hannan sought compensation for…

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“You Can’t Change the Meeting Place” – Khodorkovsky, Bad Faith, and the European Court of Human Rights

Julian Lehmann is a research associate at the Global Public Policy Institute in Berlin, Germany and a SJD candidate at Dresden University of Technology. “Ten Years a Prisoner” Mikhail Khodorkovsky (pictured right, credit), the former Russian business…

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