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Admissibility vs Jurisdiction in Guyana v Venezuela (ICJ)

On 6 April 2023, the International Court of Justice (ICJ) delivered its judgment in the case of Arbitral Award of 3 October 1899 (Guyana v Venezuela). The background to this case has already been discussed in detail on this blog here. In short, it relates to a centuries-old territorial dispute originating in the colonial era, unsuccessfully resolved by an Arbitral Award in 1899, the validity of which has long been disputed by one of the parties (Venezuela). This most recent judgment relates to the admissibility and application of Venezuela’s preliminary objection that the UK is an indispensable third party to the proceedings under the Monetary Gold principle. This blog post considers two interesting aspects of the judgment. The first relates to the distinction between admissibility and jurisdiction that the Court makes in relation to the admissibility of Venezuela’s objection. The second relates to the Court’s application of the Monetary Gold rule.

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New universal jurisdiction case filed in Germany for crimes committed in Myanmar before and after the coup: On complementarity, effectiveness, and new hopes for old crimes

A few days before the second anniversary of the ‘failed coup’ in Myanmar, a case was filed in Germany against senior Myanmar military generals and ‘other actors’ identified in the complaint for genocide, war crimes, and crimes against humanity. It was filed under universal jurisdiction enshrined in the German Code of Crimes against International Law (Völkerstrafgesetzbuch…

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EJIL:The Podcast! Episode 17 – “What’s wrong with the international law on jurisdiction?”

What conduct occurring where are states allowed to regulate? The international law on jurisdiction provides part of the answer. But international lawyers use different images when conceptualising the geographical reach of states' jurisdiction to prescribe their laws. In this podcast, the two contenders in a debate in issue 33(2) of the European Journal of International…

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Jurisdictional Hierarchies between Form and Fact: A Rejoinder to Roger O’Keefe

To what extent is the law of jurisdiction implicated in (hierarchical) structures of global governance? My article, ‘Jurisdiction Unbound: (Extra)territorial Regulation as Global Governance‘, pursues this question and traces how the current law of jurisdiction, quite in contrast with the often territorial, sovereignty-based imagery surrounding it, is highly permissive, especially when it comes to extraterritorial business regulation.

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Al-Masarir v Saudi Arabia: A route to state accountability for spyware

Background On 19 August 2022, Knowles J denied Saudi Arabia’s claim to immunity in the case of Al Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199. The claimant was a human rights activist and critic of the Saudi Arabian government who had been residing in the UK. The factual background to his claim…

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