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EJIL:The Podcast! Episode 18 – “Be Careful What You Ask For”

February 28, 2023

In this episode Dapo Akande, Marko Milanovic and Philippa Webb are joined by Philippe Sands (University College London and 11KBW) and Margaretha Wewerinke-Singh (University of Amsterdam and University of the South Pacific). The focus is on the advisory function of international courts and tribunals. In December 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested an advisory opinion from the International Tribunal for the Law of the Sea on climate change impacts arising from ocean warming, sea level rise and ocean acidification. On 9 January 2023, Chile and Colombia signed a joint advisory opinion request to the Inter-American Court of Human Rights on the scope of state obligations for responding to the climate emergency. On 20 January 2023, the General Assembly adopted a resolution requesting an advisory opinion from the ICJ on “Israeli practices affecting the human rights of the Palestinian people on the Occupied Palestinian Territory, including East Jerusalem”. On 20 February 2023,  a core group of states, led by…

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Kosovo is a Country, and a Country Means a State, Rules the Court of Justice of the European Union

January 20, 2023

In September 2020, the General Court of the European Union (GCEU) examined whether the 2019 admission of Kosovo as a ‘third country’ to the EU Body of European Regulators for Electronic Communications (BEREC) amounted to recognition by the EU of Kosovo as an independent State. The case was brought by Spain, a non-recogniser of Kosovo,…

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Plea Negotiations on Reparations at the Kosovo Specialist Chambers

January 10, 2023

Rule 94(2)(c) of the Kosovo Specialist Chambers (KSC) Rules of Procedure and Evidence (RPE) provides that written plea agreements can be reached between the Specialist Prosecutor (SP) and the Defence on reparations. The Rule adds an additional layer of complexity to the controversial but gradually consolidating use of plea negotiations as a procedural tool in…

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Setting the Cat amongst Pigeons: Kosovo’s Application for Membership of the Council of Europe

May 17, 2022

Kosovo is one of the few places in Europe not party to the European Convention on Human Rights due to a legacy conflict with Serbia. Kosovo declared independence in 2008 after a bloody war followed by a period of international administration, but this is strongly disputed by Serbia which claims exclusive sovereignty over the entire territory. The conflict…

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Recognition

February 21, 2022

Tonight President Putin gave a long televised speech announcing the Russian Federation’s recognition of the separatist Donetsk and Luhansk republics in Eastern Ukraine as independent states. He also announced the signing of treaties of friendship and assistance with the two supposed newly independent states. This probably took place earlier in the…

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