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EJIL:The Podcast! Episode 17 – “What’s wrong with the international law on jurisdiction?”

What conduct occurring where are states allowed to regulate? The international law on jurisdiction provides part of the answer. But international lawyers use different images when conceptualising…

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Jurisdictional Hierarchies between Form and Fact: A Rejoinder to Roger O’Keefe

To what extent is the law of jurisdiction implicated in (hierarchical) structures of global governance? My article, ‘Jurisdiction Unbound: (Extra)territorial Regulation as Global Governance‘, pursues this question…

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Territorial Jurisdiction of the International Criminal Court over the Russian Leadership: Locus Delicti in Complicity Cases

Note by the editors: this is a contribution from an author in Russia, whose identity, affiliation and qualifications are known to the editors. In line with our…

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The Principle of Legality in the ICC’s Appeals Judgment on Abd-Al-Rahman’s Jurisdictional Challenge: A Follow-up on Merits and Shortcomings

The recent judgment of the Appeals Chamber of the International Criminal Court (ICC, the Court) in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) has already…

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Poland’s Power Play at its Borders Violates Fundamental Human Rights Law 

While the political and diplomatic power play between the European Union and Belarus over sanctions and gas delivery cuts escalate, the conditions for thousands of migrants physically…

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Relinquishment of jurisdiction contra legem: The European Court of Human Rights’ decision in Grzęda v. Poland

The European Court of Human Rights, like any international court, is bound by its founding treaty. In particular, the jurisdiction and powers of the Court are prescribed by…

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Secondary Sanctions: A Weapon Out of Control? Part I: Permissibility of the sanctions under the law of jurisdiction

Lately, the US has increasingly been ‘weaponizing’ economic sanctions to push through a foreign policy agenda. Making use of the centrality of the US in the global…

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Immunities and Compromissory Clauses: Making Sense of Enrica Lexie (Part II)

In Part I of this post, we discussed how the Arbitral Tribunal, in its recently-released award in the Enrica Lexie case, approached the question of…

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Immunities and Compromissory Clauses: Making Sense of Enrica Lexie (Part I)

Small(ish) disputes can make for significant holdings. From Nottebohm to Lotus to AAPL v Sri Lanka, the list of relatively…

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The Netherlands’ inter-State application against Russia six years after MH 17

Malaysian Airlines flight MH 17 from Amsterdam to Kuala Lumpur was shot down in July 2014 over the territory of Eastern Ukraine, killing 298 persons. On 10 July…

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