EJIL Analysis

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Is the International Criminal Court destined to pick fights with non-state parties?

There have been reports of a communication to the International Criminal Court alleging that the treatment of Uighurs in Xinjiang by Chinese authorities constitute international crimes within the Court’s jurisdiction. The jurisdictional basis of the claim is that China’s conduct involved forced deportations to Cambodia and Tajikistan, which are parties to the statute even though China is not. This obviously relies on the finding in the situation in Bangladesh/Myanmar (concerning the forced deportation of Rohingya out of Myanmar) that the court may take jurisdiction over certain cross-border offences where one of the states involved is a party to the Statute. While most such communications go nowhere (and I offer no comment on this one), it raises again to my mind the question of whether the ICC was almost designed to become embroiled in such conflicts with non-parties. That states may delegate jurisdiction over offences committed on their territory to an international court is uncontroversial. The extent to which the conferral of objective territorial jurisdiction on the ICC has set the stage for…

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COVID-19, China and International Aviation Law: A ticket to The Hague?

Since COVID-19 developed into a global crisis, scholars have argued about the possibility of suing China for its role in the spread of the pandemic (see e.g. here). On the international level, scholars have identified several legal bases on which to pursue claims, most notably Arts. 6 and 7 of the WHO’s International Health Regulations (IHR)…

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Attribution, Jurisdiction, Discrimination, Decapitation: A Comment on Makuchyan and Minasyan v. Azerbaijan and Hungary

You know how, every once in a while, you read a case that has everything? I mean really everything? Great facts. Grisly facts even, for those so inclined – say involving a beheading by a state agent. Great law. Not just some genuine legal innovation worthy of scholarly commentary – that’s fine obviously, but not all that uncommon.

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Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention: the U.S. Supreme Court Weighs In

On June 1st, 2020, the United States Supreme Court (“the Court”) issued a unanimous decision in G.E. Power Conversion France SAS Corp. v. Outokumpu Stainless USA, LLC, holding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) does not prohibit non-signatories from enforcing international arbitration agreements under…

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Shelter from the Storm? The International Legality of Granting Migratory Rights to Hong Kongers

Introduction This post analyses the international legality of States granting migratory rights to Hong Kongers.  The post mainly focuses on the United Kingdom’s proposal to grant persons with British National (Overseas) (BN(O)) status the right to live and work in the UK for up to five years, but also considers the legality of similar proposals from…

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