International Tribunals

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Of Parties, Third Parties, and Treaty Interpretation: Ukraine v. Russia (X) before the European Court of Human Rights

States are currently (re-)discovering their legal possibilities to express solidarity with Ukraine in its ‘lawfare’ against Russia. Following a joint statement of 41 States and the EU calling ‘upon the international community to explore all options to support Ukraine in its proceedings before the ICJ’, a large number of States have requested to intervene in The Hague. Meanwhile, an even greater wave of intervention requests has reached the European Court of Human Rights (ECtHR): more than half of all member States have expressed interest in intervening as third-party in Ukraine’s application concerning the Russian full-scale invasion in February 2022. It remains interesting to see the final list of intervening States and their geographic relationship with Russia. In this post, we analyse the value of the unprecedented number of third-State interventions concerning Ukraine v. Russia (X) (11055/22), a value that certainly goes beyond a mere expression of solidarity with Ukraine. Not only are…

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Revisiting and Further Exploring the Human Right to Leave

The right to freedom of movement has a distinct meaning under international law, understood as being formed of three complementary rights. These are (i) the right to leave any country, including one’s own, (ii) the right to return to one’s own country, and (iii) the right of everyone lawfully within the territory of a state to liberty of…

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Casual Vacancies in the ICJ: Law, Practice, and Policy

The irredeemable loss of Judge Antonio Cançado Trindade has triggered a casual election in the International Court of Justice (ICJ), that will take place in November. This election will be contested, since there are now three candidates for the position: Marcelo Kohen (Argentinian national), Leonardo Nemer Caldeira Brant and Paulo Borba Casella (both of…

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A critical reaction to Joost Pauwelyn and Krzysztof Pelc’s “The WTO Secretariat’s ‘Open Secret’: Unpacking the Controversy”

In their EJIL:Talk! posts of August 18  and 19, in which they respond to a Reply by Armin Steinbach, Joost Pauwelyn and Krzystof Pelc heavily criticized the role of the WTO Secretariat in supporting the WTO panels. In their opinion, which is based on previous research by them published in a recent issue of…

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Ecocide: an Ambiguous Crime?

One year ago, a panel of legal experts convened by the Stop Ecocide International Foundation (Expert Panel) proposed that the Statute of the International Criminal Court (ICC) be amended to expand the ICC’s jurisdiction to include ecocide. To effect this change, the Expert Panel drew up the following definition of the crime of ecocide:…

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