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EJIL:The Podcast! Episode 18 – “Be Careful What You Ask For”

In this episode Dapo Akande, Marko Milanovic and Philippa Webb are joined by Philippe Sands (University College London and 11KBW) and Margaretha Wewerinke-Singh (University of Amsterdam and University of the South Pacific). The focus is on the advisory function of international courts and tribunals. In December 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested an advisory opinion from the International Tribunal for the Law of the Sea on climate change impacts arising from ocean warming, sea level rise and ocean acidification. On 9 January 2023, Chile and Colombia signed a joint advisory opinion request to the Inter-American Court of Human Rights on the scope of state obligations for responding to the climate emergency. On 20 January 2023, the General Assembly adopted a resolution requesting an advisory opinion from the ICJ on “Israeli practices affecting the human rights of the Palestinian people on the Occupied Palestinian Territory, including East Jerusalem”. On 20 February 2023,  a core group of states, led by…

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Nicaragua: Expatriation as an Aggravated Form of Political Persecution

In an unprecedented move in the modern history of international law, Nicaragua has stripped more than 300 dissident citizens of their nationality in the last two weeks. 222 of these citizens were deported to the United States on 9 February (see here), with the Managua Appeals Court (Tribunal de Apelaciones) removing their nationality the day…

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There wasn’t before, and now there even more definitely isn’t, any legal barrier to providing cross-border humanitarian assistance in northwest Syria

For three long days following last week’s earthquake in Southern Türkiye, thousands of people in northwest Syria lay trapped under rubble, with no help from the UN. The road through Türkiye to the border crossing between southern Türkiye and northwest Syria, Bab al-Hawa, was damaged. Although, to quote the International Crisis Group’s Syria Analyst Dareen Khalifa,…

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Two weeks in Review, 30 January – 12 February

Technology  Massimo Marelli explains the decision to open an ICRC delegation in Luxembourg dedicated to cyberspace. He notes its necessity for the humanitarian sector and the ICRC, to explore and engage in policy-making; legal and technological efforts to prevent and mitigate digitally-enabled harm; and to safeguard humanitarian organizations from digital threats. The…

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Politicization of the 5G rollout: Litigation way for Huawei?

The Chinese government’s ambition to become the global leader in new technologies, manifested in state-led industrial policies such as Made in China 2025, has prompted a strong response. For example, the United States significantly tightened its export control regulations and expanded grounds for foreign direct investment screening. In turn,…

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