International organizations

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The African Union’s Statement on the Application of International Law to Cyberspace: An Assessment of the Principles of Territorial Sovereignty, Non-Intervention, and Non-Use of Force

A growing number of States have published statements examining the application of international law to cyberspace (for an overview see the Cyber Law Toolkit). On 29 January 2024, the African Union (AU) Peace and Security Council adopted the ‘Common African Position on the Application of International Law to the Use of Information and Communication Technologies in Cyberspace’, and on 18 February 2024 the Assembly of the AU endorsed it. For an overview of the Common African Position (CAP) and its process of adoption see the post by Mohamed Helal, the AU’s Special Rapporteur on the CAP.

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Have WTO Members Successfully Circumvented the US’ Blockade of the Appellate Body? (and How Would We Know?)

On January 26th, in what has become a repeat performance of global governance kabuki, Guatemala put forth a proposal on behalf of 130 World Trade Organization members to relaunch the selection process for Appellate Body adjudicators. It was the 73rd time it was doing so, and for the 73rd time, the US exercised its right to block the…

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The Common African Position on the Application of International Law in Cyberspace: Reflections on a Collaborative Lawmaking Process

On January 29, 2024, the African Union Peace and Security Council (PSC) unanimously adopted Communiqué 1196 (2024) pursuant to which it adopted the Common African Position on the Application of International Law to the Use of Information and Communication Technologies in the Cyberspace. The Common African Position (CAP) and all four Communiqués that the PSC adopted on this…

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Apartheid as a form of genocide: Reflections on South Africa v Israel  

On 12 December 2023, Mathu Joyini, South Africa’s Permanent Representative to the United Nations, told the 10th Emergency Special Session of the United Nations General Assembly, that the large-scale Israeli military operation in Gaza, following the 7 October attacks, had ‘illustrated that Israel is acting contrary to its obligations in terms of the Genocide Convention’. She added that,…

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Spain’s Supreme Court is at it again: UN Treaty Body decisions are binding

The Spanish Supreme Court has established that the views expressed by UN Human Rights Treaty Bodies in individual complaints are binding on the State. This is not the first time that Spain’s Supreme Court sustains this position. In fact, I wrote a piece for EJIL Talk in August 2018 that began exactly like this blog today. However, in…

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