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Editorial: Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux)

Will we ever see closure to this saga at the center of which one finds the somewhat controversial decision of the ICJ of 2012 and the very controversial decision of the Italian Constitutional Court of 2014 rebuffing that decision? There is no need to recap fully the endless ‘puntatas’ in this story which have been followed assiduously, like a successful series on Netflix, not least on EJIL Talk! (see here and here and here and here and here and here and here). I will just mention, since this is germane to my argument, that Italy and Germany had reached a settlement in the 50s and 60s, through treaties, on agreed compensation for all German crimes during WWII which would preclude any further claims by Italy. Far from a King’s ransom but the Italians accepted it. Germany duly paid what was agreed. Italy ‘unduly’ spent the money on post war reconstruction rather than compensate individual victims. Plaintiffs tried unsuccessfully…

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Brexit, the Irish Protocol and the ‘Versailles Effect’

What does the Treaty of Versailles have to do with Brexit, you may be asking yourself? Quite a lot I would like to suggest. But a preliminary comment is necessary. In the current state of polarized societies  and, increasingly, a polarized academy, an old-style ‘Voltairian liberal’ like myself (of the ‘I disapprove of what you say, but…

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In This Issue – Reviews

This issue features reviews of five recent works. Two of them address questions of state responsibility – a core topic, shaped by the International Law Commission (ILC) Articles adopted exactly 20 years ago, but addressed here from unusual angles. Jean Ho’s interest is with responsibility for breaches of investment contracts (a topic left to the side by the…

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In This Issue

This issue opens with an article by Andreas von Arnauld, who discusses state responsibility for past injustices apparently considered legal at the time. To mitigate the problem of retroactivity associated with such responsibility, von Arnauld suggests a broader understanding of the law, which reads into it contemporary ethical principles. He argues that, as a minimum, the violation of…

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Vital Statistics

What’s in a number? Or better, what’s in a set of numbers? As many of our readers know, we draw up the EJIL Vital Statistics each year in order to track any changes, shifts and developments in the who’s who of EJIL authors. Who submits to the journal? Who is accepted, and who gets published? Are we managing…

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