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Hope and the Gradual Self-Constituting of Mankind

Philip Allott is a mind-altering substance. It is not possible to leave one of his lectures, or to read one of his books or articles, without undergoing a profound change in thought and attitude towards humanity and the role of law in its service. The idea of international law as the law of all humanity and of all societies that Professor Allott has rediscovered and developed over the years is an appealing one. However, in his latest contribution to this blog, Professor Allott draws a rather dark consequence from this conception. As we have not been able to transform ourselves, and the law that governs us, from the neo-classical state system into a true Eunomia—a self-ordering system in which all individuals and groups come together to regulate themselves—we are left with nothing. It is a lawless world, and one which leaves us in: a legal wasteland in which those involved in events and transactions can pick and choose among competing and conflicting legal systems to suit their purposes. And there are countless…

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A Lateral View of the International System: Responding to the Collapse of Global Government

The human world is beset by unprecedented global problems in a state of unprecedented global disorder. Climate change. Destruction of habitats, exhausting of natural resources, extinction of animal species. Global threats to human health, including plagues and pandemics. War and the threat of war, including new forms, such as cyber war, space war, bacteriological war. Internal wars that…

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Just Transitions in Climate Change Actions: Are States Respecting, Promoting, and Considering Human Rights Obligations in Setting and Implementing NDCs?

Recent exchanges hosted on EJIL:Talk! on climate action and how to go about "mainstreaming" it (see here and here) provide a microcosmic view of the ongoing challenges of State policies to transition and transform economies to reach treaty commitments under the Paris Agreement, including States' commitments as indicated in their publicly registered nationally determined contributions.  International…

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Codification Illustrated: 70 years of the International Law Commission in pictures

In 2018, a photo exhibition illustrating 70 years of ILC activities was shown in New York and Geneva, and later in Bangkok, The Hague and Washington. In view of its success, the Codification Division, which organised the exhibition – and which ensures the Commission’s secretariat – has taken the initiative of publishing a brilliantly illustrated and intelligently commented…

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The Gambia v Facebook: Obtaining Evidence for Use at the International Court of Justice (Part II)

[The first installment of this post provided an overview of the court’s decision in The Gambia v Facebook and identified some problematic aspects of the decision.] As discussed in the first installment of this post, a US federal court has ordered Facebook to disclose to The Gambia materials relating to anti-Rohingya hate speech and incitement…

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