EJIL Analysis

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Corporate Human Rights Due Diligence in times of COVID-19

The lockdown measures imposed following the COVID-19 outbreak have generated novel and significant challenges for businesses.  As firms redouble their efforts to ensure business continuity and redirect supply chains – and, in some jurisdictions, transition back to normal operating conditions – there is heightened risk of adverse human rights impacts materialising throughout the value chain, where such risk might previously have been mitigated or prevented altogether.  In navigating this new operating landscape, businesses are under an increased burden to continue to conduct tailored due diligence in line with the UN Guiding Principles on Business and Human Rights (“UNGPs”) with a view to identifying, preventing and mitigating adverse human rights impacts across their value chain.

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The Law of Maritime Neutrality and Submarine Cables

In an era of great power competition in which states seek to avoid “taking sides,” the international law of neutrality deserves greater attention. Information technology is the contemporary currency of power and the global network of over 420 submarine cables spanning some 700,000 miles is the information superhighway used for sharing 97 percent of…

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Covid-19 as a threat to international peace and security: The role of the UN Security Council in addressing the pandemic

On 1 July 2020 – 111 days after the World Health Organisation declared Covid-19 to be a global pandemic – the UN Security Council unanimously passed Resolution 2532. Recognising that the unprecedented extent of the novel coronavirus pandemic “is likely to endanger the maintenance of international peace and security”, the Security Council “demands” a general and immediate…

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Defences and indispensable incidental issues: the limits of subject-matter jurisdiction in view of the recent ICJ ICAO Council judgments

On 14 July 2020, the ICJ issued its judgments on the cases of the Appeal Relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar) and Appeal Relating to the Jurisdiction of the ICAO Council under Article II,…

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The second chapter on a national security exception in WTO law: the panel report in Saudi Arabia – Protection of IPR

Introduction For many decades, national security exceptions had been dealt with only in rare instances, under the GATT 1947 regime as well as under the law of the WTO. The scope and design of the national security exception of Art. XXI GATT 1947 which served as a model for Art. XIV bis GATS and Art. 73 TRIPS has…

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