European Union

Page 2 of 26

Filter category

Feature post image

Self-Constitution of Mankind without Constitutional Constructivism?

Philip Allott’s recent essay on EJIL: Talk! criticized power-oriented conceptions of ‘international law among sovereign states’ that privilege the self-interests of governments and contribute to the ‘collapse of global government’. His description of international relations as ‘a lawless world’ and ‘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’ contrasts with Allott’s longstanding belief that, similar to the centuries of evolutionary common law constitutionalism, also the international society will organically develop the legal systems and institutions that humanity demands. Marc Weller responded by interpreting various developments in UN law as a ‘gradual self-constituting of mankind’ justifying the hope that the constitutional failures of UN law – like insufficient democratic self-determination of peoples inside and beyond states, and insufficient democratic and judicial protection of human rights and rule-of-law limiting governmental claims to authoritarian auto-determination and auto-enforcement of international rules – might still be overcome by an ‘Allottian revolution of government by humanity for humanity’. I largely agree with the…

Read more

Nottebohm Under Attack (Again): Is it Time for Reconciliation?

Introduction The Nottebohm judgment has recently come under attack in the context of the European Commission’s position on investment by citizenship (CBI) schemes, also known as “golden passport” programmes. These schemes allow individuals to obtain a second citizenship in a host country in exchange for financial investments or even just a flat fee. On 20…

Read more

International Economic Law in a Time of Global Perils: Omicron and other COVID variants, Climate Change, Human Rights, and Development

The World Trade Organization decided to indefinitely postpone its 12th Ministerial Conference, originally scheduled for this week (30 November to 3 December), due to travel constraints for many delegations coming from countries that had already imposed travel bans and other restrictions due to the new Omicron variant.  The 12th Ministerial was slated to take up a…

Read more

An International Law Assessment of the Collective Self-defence Clause of the 2021 Treaty on the ‘Establishment of Strategic Partnership of Cooperation in Matters of Defence and Security’ between Greece and France

On 28 September 2021 France and Greece concluded a bilateral treaty on the ‘Establishment of Strategic Partnership of Cooperation in Matters of Defence and Security’ (see the Greek and French version here. The Treaty has not been translated yet into English). The Treaty is premised on a community of interests in matters of foreign policy, defence, and…

Read more

Drowning in the Mediterranean: Time to think and act regionally

Europe, that is, the EU and its institutions, currently asserts the right to manage the movement of people across the Mediterranean, and with that comes responsibility, for special protection is owed to those whom it would manage. ‘Responsibility’ is multi-dimensional. Fault, in the sense of wilful or negligent conduct, may be relevant; or responsibility may follow from the…

Read more