States and Statehood

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Beyond COP26: Time for an Advisory Opinion on Climate Change?

The recent Glasgow Climate Change Conference (COP26) provided a stark reminder of the gap between states’ planned greenhouse emission reductions and the global temperature goal enshrined in the Paris Agreement. The conference also dramatically showcased once more the plight of vulnerable nations faced with the devastating impacts of rising sea levels and extreme weather events. In almost three decades, international climate change law – as enshrined in the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement – struggled to deliver convincing solutions to either problem. As the impacts of climate change become increasingly apparent, addressing these glaring gaps in international cooperation is more urgent than ever. In 2019, Desierto called upon ‘the invisible college of international lawyers’ to devote more efforts ‘towards reviving the blunt edge’ of litigation, adjudication, and arbitration, in order to help tackle the climate emergency. Over the years, there has been much speculation on the possibility to resort to international courts’ contentious or advisory jurisdiction,…

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What does the ‘hybrid attack’ carried out by Belarus against the EU borders mean in reality? An international law perspective

In reaction to the fraudulent 2020 Belarusian presidential elections and violent suppression of oppositionists by the State apparatus, the European Union imposed sanctions on Belarus, including a travel ban and an asset freeze. After the forced landing of a Ryanair plane in Minsk, it also prohibited various aircraft operated by Belarusian airlines from taking off…

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Closing the Gaps: Pre-Deployment Role of the Military Legal Adviser

As US involvement in wars in Iraq and Afghanistan comes to an end after twenty years, it is worth taking stock of how things stand in relation to the Law of Armed Conflict (LOAC). This law serves dual purposes: military necessity (which permits measures which are necessary to fulfil a legitimate military purpose provided they are…

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Hope and the Gradual Self-Constituting of Mankind

Philip Allott is a mind-altering substance. It is not possible to leave one of his lectures, or to read one of his books or articles, without undergoing a profound change in thought and attitude towards humanity and the role of law in its service. The idea of international law as the law of all humanity and…

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A Lateral View of the International System: Responding to the Collapse of Global Government

The human world is beset by unprecedented global problems in a state of unprecedented global disorder. Climate change. Destruction of habitats, exhausting of natural resources, extinction of animal species. Global threats to human health, including plagues and pandemics. War and the threat of war, including new forms, such as cyber war, space war, bacteriological war. Internal wars that…

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