Extraterritorial Application

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The Sad and Cynical Spectacle of the Draft British Bill of Rights

It is a habit peculiar to autocracies to choose names for themselves that are the exact opposite of their true nature – viz. the ‘Democratic People’s Republic of Korea’ – and to have constitutions loudly proclaiming the protection of individual rights that are routinely trampled upon in practice. You would have hoped that one of the world’s oldest democracies, the United Kingdom, would not work from the same style manual. But it’s 2022 and apparently anything goes – so yesterday the UK Government thus finally unveiled its long-promised and awaited draft Bill of Rights, which will now be considered by Parliament. Let’s hope that Parliament actually manages to do so something with this Bill – not that we should hope much – because what the Government has produced, contrary to the conclusions of even the independent review that it had itself set up, is nothing short of an embarrassment. You would think that a piece of legislation that takes for itself the lofty name of a ‘Bill of Rights,’ with all…

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Update on ECtHR Interim Measures Concerning Russia and Ukraine

This afternoon the European Court interpreted and reinforced the Rule 39 interim measures it had previously issued against Russia regarding the war in Ukraine, in response to additional requests made by Ukraine. Here’s the press release, with the title ‘Expansion of interim measures in relation to Russian military action in Ukraine,’ which bears…

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The International Law of Intelligence Sharing in Multinational Military Operations: A Primer

The massive airlift by the United States and its allies that followed the Taliban’s victory in the Afghan war had a remarkable feature: the Taliban not only did not interfere with it, but actively assisted it. After two decades of fighting the Taliban, the United States found in them unlikely partners willing to provide, for a limited time,…

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Children’s Rights and Climate Change at the UN Committee on the Rights of the Child: Pragmatism and Principle in Sacchi v Argentina

On 11 October 2021, the UN Committee on the Rights of the Child published its decisions in complaints brought against five states – Argentina, Brazil, France, Germany and Turkey – by 16 child complainants under the Optional Protocol to the Convention on the rights of the Child on a Complaints Procedure (OPIC).

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EJIL: The Podcast! Episode 12 – “No Licence to Kill”

In this episode, Marko Milanovic, Philippa Webb and I discuss the legal issues that arise from targeted killings conducted by states outside their territory. We begin with a discussion of the recent blockbuster judgment of the European Court of Human Rights in the case concerning Alexander Litvinenko (Carter v. Russia, no. 20914/07, 21 September 2021). In that…

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