Cracking the Code: How Podchasov v. Russia Upholds Encryption and Reshapes Surveillance

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Cracking the Code: How Podchasov v. Russia Upholds Encryption and Reshapes Surveillance

March 13, 2024

Rudraksh Lakra

On February 13, 2024, the European Court of Human Rights (Strasbourg Court) issued its verdict in Podchasov v. Russia. The case involved a statute that (i) established a data retention scheme, and (ii) permitted law enforcement to order the decryption of collected data. The applicant in this case, a Telegram user, challenged an order that required Telegram to decrypt their communications protected by end-to-end encryption (E2EE).

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Germany and International Criminal Law: Reflections in Light of Current Developments

March 12, 2024

Claus Kreß

In its comments of November 2023, Germany informed the International Law Commission of its view that the non-applicability of functional immunity in international criminal law stricto sensu is an emerging rule of customary international law. In a judgment of 2021, Germany’s Federal Court of Justice had, however, found that functional immunity is inapplicable as a matter…

The “Two Years Rule” and the Common Heritage of Mankind

March 12, 2024

Dr. M. E. Salamanca-Aguado

In July 2023, the two-year period within which the Council of the International Seabed Authority (Authority) was to complete the elaboration of the Regulations on exploitation of mineral resources in the Area expired. Thereafter, “if an application for approval of a plan of work for exploitation is pending, the Council shall none the less consider and provisionally…

Human Rights Reparations and Fact-Finding Quandaries in the 2024 ICJ Judgments in Ukraine v. Russian Federation

March 11, 2024

Diane Desierto

Perhaps more than any other time in the history of the International Court of Justice, international human rights law has never been more ubiquitously and stridently deployed at the World Court by so many States, several of whom do not necessarily have the usual nationality linkages when it comes to the assertion of injuries and harms from asserted…

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On Certainty

February 16, 2012 Andrea Bianchi

Professor Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies ‘If you do know that ‘here is the Court’, we’ll grant you all the rest’…

The Danish Law on Seizing Asylum Seekers’ Assets

January 27, 2016 Jacques Hartmann and Nikolas Feith Tan

The Danish Parliament recently passed a controversial amendment to the Aliens Act (Bill no. 87) giving police the power to search and confiscate the property of asylum seekers to contribute to expenses associated with their stay in Denmark (BBC). First proposed on 10 December 2015, the…

Announcements: Jobs at Durham and Conference at Hull

February 5, 2013 Marko Milanovic

Durham Law School is advertising three open positions: 1 x Chair/Reader in Law and 2 x Senior Lecturer/Lecturer in Law. These posts are open to any area of legal scholarship, although for one of the three appointments expertise and ability to teach in public international law (including international…

Announcements

April 7, 2013 Dapo Akande

On 11/12 April, the Schools of Law of the University of Glasgow and Queen Mary, University of London, together with the Ministry of Foreign Affairs of Poland, are hosting a workshop entitled ‘Structural Challenges Facing International Organisations: Re-Assessing the League of Nations’ (Lincoln’s Inn Fields, London). The workshop will…

Opening an ICRC Delegation for Cyberspace

February 9, 2023 Massimo Marelli

With humanitarian organizations becoming more active in and reliant upon new technologies and the digital domain, they have evolved from simple bystanders to full-fledged stakeholders in cyberspace. They also become vulnerable to adverse cyberoperations that could impact their capacity to protect and…

Excessive Costs and Insufficient Recoverability of Cost Awards

April 3, 2019 Gabriel Bottini

Editors' Note: This is the first in a series of posts we are running from individual members of the Academic Forum of the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform, in parallel with UNCITRAL WG III's ongoing sessions this week in New York. These…

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