January 6, 2022

Deepak Raju

The European Union (“EU”) is considering the adoption of a new “anti-coercion” instrument.  A proposal for the adoption of a “Regulation of the European Parliament and of the Council on the Protection of the Union and its Member States from Economic Coercion by Third Countries” (“Draft Regulation”)…

January 4, 2022

Ernst Ulrich Petersmann

Philip Allott’s recent essay on EJIL: Talk! criticized power-oriented conceptions of ‘international law among sovereign states’ that privilege the self-interests of governments and contribute to the ‘collapse of global government’. His description of international relations as ‘a lawless world’ and ‘a legal wasteland in which those involved…

December 10, 2021

Javier García Olmedo

Introduction The Nottebohm judgment has recently come under attack in the context of the European Commission’s position on investment by citizenship (CBI) schemes, also known as “golden passport” programmes. These schemes allow individuals to obtain a second citizenship in a host country in exchange for…

January 19, 2022

Freya Baetens Marco Bronckers

Applying economic pressure to coerce another country into a particular course of action has been around for a while, as developing countries can attest. In recent years, though, economic coercion has also been increasingly used against developed countries. The EU has been the target of such unwelcome…

October 1, 2020

Tom Ruys Cedric Ryngaert

Judicial remedies at the domestic and international level In our two previous posts we examined the legality of secondary sanctions in light of customary law on the exercise of State jurisdiction, on the one end (here), and conventional law, specifically the IMF Articles of Agreement,…

September 30, 2020

Tom Ruys Cedric Ryngaert

The legality of so-called ‘non-UN’ or ‘autonomous’ sanctions has been amply debated in recent years. Discussion has arisen, for instance, on their compliance with the principle of non-intervention (see here), or their potential qualification as ‘third-party countermeasures’ (see e.g. here and…

January 13, 2022

Julia Emtseva

Background One matchstick is enough to burn the house down, especially when gas is involved. Shortly after New Year’s Eve, protests began in Kazakhstan, the biggest and economically strongest state in the Central Asian region, over rising gas prices. The protests have transformed from mere…

December 23, 2021

Gabor Kajtar Gergő Barna Balázs

In Beyond Tehran and Nairobi: Can Attacks against Embassies Serve as a Basis for the Invocation of Self-defence? we have argued that both the empirical analysis of more than 730 incidents and the review of jurisprudence suggest the unlawfulness of invoking self-defence in response to attacks against…

November 25, 2021

Elizabeth Stubbins Bates

This is the final post in the joint EJIL:Talk and Articles of War blog series from the Oxford Forum for International Humanitarian Law Compliance. Geneva law (the Four Geneva Conventions 1949 and their Additional Protocols 1977 and 2005) has few compliance mechanisms. As…

January 5, 2022

Diane Desierto

Entering the third year of this global pandemic, the United States posted a grim global record of 1 million COVID cases on 3 January 2022.  This record, of course, exists in a shadow of relative non-transparency about COVID incidences, fatalities, and hospitalizations in many parts of the…

January 4, 2022

Ernst Ulrich Petersmann

Philip Allott’s recent essay on EJIL: Talk! criticized power-oriented conceptions of ‘international law among sovereign states’ that privilege the self-interests of governments and contribute to the ‘collapse of global government’. His description of international relations as ‘a lawless world’ and ‘a legal wasteland in which those involved…

December 30, 2021

Lorenzo Gradoni

There is a contrast between the image of global law as something grand and the difficulty of spotting it, as if it were made of particles whose existence remains conjectural. Not a big surprise, one may say, given that there is no rule of recognition for global law.

January 23, 2022

Mary Guest

1. Call for Papers: Reality of International Legal Theory – Reality in International Legal Theory. The ESIL Interest Group on International Legal Theory and Philosophy (ESIL IGILTP) and iCourts have issued a call for papers for a conference on “The Reality of International Legal Theory – Reality…

January 19, 2022

Freya Baetens Marco Bronckers

Applying economic pressure to coerce another country into a particular course of action has been around for a while, as developing countries can attest. In recent years, though, economic coercion has also been increasingly used against developed countries. The EU has been the target of such unwelcome…

January 16, 2022

Gail Lythgoe

Ernst Ulrich Petersmann picks up themes from a recent post by Philip Allott, and suggests that Allott's vision is unlikely to be achieved without 'empowering citizens through human and constitutional rights and institutional remedies.' He argues that 'the…