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Beyond Attribution: What Does a State Owe When Its Company Goes Abroad?

September 28, 2026

On 18 August 2026, the Aylla Rewe del Ngen Mapu Kintuantü, an autonomous political, social, spiritual and cultural alliance bringing together ancestral authorities and more than 150 communities of the Mapuche Williche Indigenous people in southern Chile, filed a complaint against Statkraft AS before the Norwegian Consumer Authority. The complaint concerns Statkraft’s human rights due diligence in relation to two hydropower installations on the Pilmaiquén River, Rucatayo and the Los Lagos project. The complainants sought urgent handling because the Los Lagos reservoir was about to be filled. Before the month was out, Statkraft reported the filling of the reservoir complete. Statkraft is wholly owned by the Norwegian State. It was also the developer and majority owner of Fosen Vind when, in 2021, the Norwegian Supreme Court held that the licences for two of its wind farms violated the right of Sámi reindeer herders to enjoy their culture under Article 27 ICCPR. Knut Helge Hurum, who represented Nord-Fosen siida in that litigation, now…

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Can the Living Instrument Doctrine Be Reversed?

June 17, 2026

On 15 May 2026, the Committee of Ministers of the Council of Europe (CoE), meeting at ministerial level in Chişinău (Republic of Moldova), adopted a declaration in which the European Court of Human Rights (‘the Court’) was called upon to recalibrate the standard of human rights protection in the field of migration policy. Much has been written…

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Functional Immunity and “Covert Violent Acts”: The BGH’s Progressive Development of CIL in the Nord Stream Case

May 12, 2026

On 10 December 2025, the German Federal Court of Justice (Bundesgerichtshof, BGH) delivered its order (StB 60/25, English press release available here) in the criminal case against Serhiy K., accused of participating in the destruction of the Nord Stream 1 and 2 pipelines in September 2022. K.'s defence raised functional immunity as a procedural bar, arguing…

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Two(ish) Weeks in Review: 6 April—1 May 2026

May 3, 2026

In a slightly extended version of Two Weeks in Review, we take in fundamental questions about what happens when law and lawyers seek or refuse to justify illegal actions, “relocation orders” issued by Israel in Gaza and Lebanon, the closing of the Strait of Hormuz, Australian soldiers and Belgian consular officials in domestic courts for international crimes, the…

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On Violence: Self-Defence to Self-Determination in International Law

May 1, 2026

There are moments when the international legal order reveals itself not through its rules but through the violence done in its name. Today’s expanding doctrine of self-defence—invoked with increasing ease, justified with decreasing care—is one such moment. It is tempting to read this as an unravelling, a slide into disorder. Yet what is unravelling here is not only…

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