EJIL Analysis

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ECtHR Grand Chamber Declares Admissible the Case of Ukraine v. Russia re Crimea

Yesterday the Grand Chamber of the European Court of Human Rights rendered its admissibility decision in the interstate claim brought by Ukraine against Russia regarding systematic human rights violations allegedly committed by the latter in Crimea. This is one of several interstate cases brought by Ukraine against Russia; others deal, for example, with the situation in Eastern Ukraine and the downing of MH17. There are also thousands of individual applications regard various aspects of the conflict in Ukraine. As for the Crimea case, it will now proceed to the merits. This is, needless to say, a very important decision. It is notable for a number of reasons. First, for how the Court tries to address (or not) the question of sovereignty over Crimea. Second, relatedly, for how it deals with the issue of state jurisdiction in the sense of Article 1 of the Convention and its (extra)territorial applicability. Third, for the Court’s approach to evidence. Fourth, and finally, for its ultimate findings on the prima facie existence of an administrative practice…

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An Irish Claim to Rockall

Due to Brexit, dispute has again arisen between the UK and Ireland over Rockall, a small rock in the North-East Atlantic Ocean, and its surrounding waters. On January 4th a Marine Scotland patrol boat stopped and boarded an Irish fishing trawler, forcing it to leave waters within 12 nautical miles of the rock. Scotland asserted the UK…

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Old Habits Die Hard: Applying Existing International Law in Cyberspace and Beyond

In the past few years, a growing number of states have expressed their official positions on the applicability of international law in cyberspace. Most recently, New Zealand and Israel shared their own views on the topic to beef up the crowd. Initiatives of this kind are welcome and contribute to the gradual clarification of the extent…

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Jam v IFC’s complications: the Pan-American Health Organization

The landmark judgment by the US Supreme Court in Jam v International Finance Corporation (IFC) has given rise to anxious reactions by US-based international organizations and generated a lively academic debate including at least three insightful comments on this blog (by respectively Diane Desierto here, Julian Arato here and Sachintha Dias here).  The case…

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An Analysis of the ICJ’s Judgment on the Merits of the Immunities and Criminal Proceedings (Equatorial Guinea v. France) Case: All for nothing?

The International Court of Justice (ICJ) delivered its judgment on the merits of the Immunities and Criminal Proceeding (Equatorial Guinea v. France) case on Friday the 11th of December. The 45-minute hearing was the end of a 12-year affair. The facts covered by the court go back to the December 2008 filing of a complaint…

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