States and Statehood

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Two Weeks in Review: 29 June—10 July 2026

“The test of a first-rate intelligence,” according to F. Scott Fitzgerald, “is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function.” For international lawyers in these times of the Board of Peace and the Gaza Riviera, this kind of functional cognitive dissonance has become less a mark of intelligence than a basic job requirement. But contrary to common usage, Fitzgerald did not have cynics and pragmatists in mind—quite the opposite. He continues, “One should, for example, be able to see that things are hopeless and yet be determined to make them otherwise.” In this spirit, commentators over the last fortnight have turned their attention to what Pope Leo’s encyclical Magnifica Humanitas can teach us about AI governance, China’s “quiet renegotiation” of UNCLOS and its application in times of war, and the continuity of statehood for soon-submerged island states—as well as the Permanent Court of Arbitration’s decision on the termination of the UK–Rwanda Asylum Partnership Agreement, battlefield medicine and the principle of unnecessary suffering, and the…

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Concluding the Normative Synergy on State Continuity: The ILC, the General Assembly and the Climate Advisory Opinion

A month ago, the United Nations General Assembly took a position significantly less ambiguous than the ICJ on a question of existential importance to island States threatened by climate-induced sea-level rise. Referring to the Climate Change Advisory Opinion, it recalls that the Court “found that, once a State is established, the disappearance of one of its constituent elements…

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Who cares about theorizing international organizations? A Rejoinder to Christiane Ahlborn

My latest article, ‘Statehood and International Organization: Rethinking Their Conceptual Relationship with Reference to Customary International Law’, addresses whether, how, and to what extent, doctrinal propositions that we accept about the legal personality of states can be extended to international organizations. I argue that our theories would make much more sense if we let go of the…

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Some Preliminary Thoughts on Ghana’s Announced Recourse to 1982 LOSC Arbitration in the Maritime Boundary Dispute with Togo

On 20 February 2026, Ghana, in a press release, formally notified the Government of Togo of its decision to submit their unresolved maritime boundary dispute to arbitration under the 1982 United Nations Convention on the Law of the Sea (henceforth: 1982 LOSC). After the lapse of almost a decade during which negotiations, joint technical committees and high-level…

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Two Weeks in Review: 26 January—6 February 2026

The last two weeks have taken us from headlines to bylines and beyond. Front-page legal questions on USA-Greenland and Russia-Ukraine continue to occupy commentators. While others draw our attention to the lesser thumbed back pages: from colonial-era agreements in contemporary arbitration, and the recognition of Somaliland, to the "stateless eight" suspended in legal limbo at the International Residual…

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