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

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

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

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

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

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

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

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

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

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

 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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