EJIL Analysis

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Casual Vacancies in the ICJ: Law, Practice, and Policy

The irredeemable loss of Judge Antonio Cançado Trindade has triggered a casual election in the International Court of Justice (ICJ), that will take place in November. This election will be contested, since there are now three candidates for the position: Marcelo Kohen (Argentinian national), Leonardo Nemer Caldeira Brant and Paulo Borba Casella (both of whom are Brazilian nationals). Any election at the ICJ arouses passions and triggers legal analysis as to the practice for the selection of judges and its implications. This blog has regularly published analysis on legal issues that emerge in the context of such elections (see for example, here, here and here). This post will focus on the practice in casual elections concerning the replacement of judges from a non-permanent member of the Security Council (SC) (non-P5 member). In a post from 2021 Antonios Tzanakopoulos sought to dispel the notion that there is an expectation that a casual vacancy of a judge from a non-P5 member should result in the election of a…

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A critical reaction to Joost Pauwelyn and Krzysztof Pelc’s “The WTO Secretariat’s ‘Open Secret’: Unpacking the Controversy”

In their EJIL:Talk! posts of August 18  and 19, in which they respond to a Reply by Armin Steinbach, Joost Pauwelyn and Krzystof Pelc heavily criticized the role of the WTO Secretariat in supporting the WTO panels. In their opinion, which is based on previous research by them published in a recent issue of…

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Two weeks in review, 15 August – 28 August

Following recent developments in the Ukraine v. Russia case, Juliette Mcintyre explores interventions under article 63 of the ICJ statute. Mcintyre focuses on whether or not other States may intervene in a case at the jurisdictional stage, arguing that the Court is, or is not, jurisdictionally…

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Al-Masarir v Saudi Arabia: A route to state accountability for spyware

Background On 19 August 2022, Knowles J denied Saudi Arabia’s claim to immunity in the case of Al Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199. The claimant was a human rights activist and critic of the Saudi Arabian government who had been residing in the UK. The factual background to his claim…

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Belgium’s return of Lumumba’s tooth: A new moment for anti-colonial struggles?

June 2022 was marked by a critical event in South-North relations: Belgium returning a tooth to Congo. As trivial as it may sound, the return of the gold-crowned tooth ends a quarrel of 62 years between the former colonial and colonized peoples regarding the murder of the anti-colonial leader Patrice Lumumba. More than that, the declaration that accompanied…

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