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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…

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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,…

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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…

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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…

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The ICJ and nuclear disarmament: towards a universal obligation?

Today is the anniversary of the ICJ’s Nuclear Weapons Advisory Opinion. We would like to revisit, and invite readers to reflect on, one particular conclusion (not discussed…

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Unrepentant: Sovereignty RIP

Warm thanks to the symposiasts and thanks again to EJIL: Talk! for opening its pages to an outsider to international law. It’s gratifying to…

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Burying Sovereignty All Over Again: A Brief Review of Don Herzog’s Sovereignty RIP

Don Herzog’s Sovereignty RIP is a great read and I highly recommend it. It is extremely well written and it has a compelling argument. It focuses on…

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Sovereignty – an Empty Vessel?

Sovereignty RIP? In his book, Don Herzog urges us to “bury” the concept of sovereignty. Since sovereignty has mutated, over the centuries, from the idea of an “unlimited,…

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Of Babies and Bathwater: A Comment on Herzog

Sovereignty has been the target of so many indictments over the years that it is a hard task to renew the case against it in a way that…

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Does Anyone Buy the Classic Theory of Sovereignty?

Don Herzog obliterates the “classic theory of sovereignty” — the view that “every political community must have a locus of authority that is unlimited, undivided, and unaccountable to…

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