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Two Weeks in Review: 10—21 August 2026

As we swelter through late summer, a hardy few have retained a cool hold over their critical faculties. In the last two weeks, attention has turned chiefly to the ICC: from the in absentia convictions of members of the Rapid Support Forces, to the removal of ICC Prosecutor Karim Khan, and a decision recognising that a State Party may face conflicting obligations when asked to arrest a person attending UN-convened peace talks. The deep seabed has also remained in focus, with reflections on the International Seabed Authority’s supervisory powers under Part XI UNCLOS, as well as the vulnerability of submarine cables under existing international legal protections. Meanwhile recent trends in climate litigation seem to be shifting away from individual harm towards structural injunctions, increasingly vesting initiative and authority with NGOs. And the recent crisis in Ceuta raises foundational questions about the existence of an international duty on states to control borders. Not to mention the nuclear order under threat on the EJIL Podcast, and the unwritten rulebook for the succession of judges at the ICJ.

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Must States Control Their Borders? The Ceuta Crisis and International Law

Ceuta, a Spanish city on the North African coast with a population of approximately 80,000, experienced an unprecedented mass influx of people during the last week of July. Around 70,000 people, mostly Moroccan nationals but also persons from other countries, entered the territory irregularly. Although the precise causes remain uncertain, the immediate trigger appears to…

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A “Free Economic Zone” as an Element of Peace for Ukraine?

At various points in recent months, proposals have been made to create a “free economic zone” in parts of Ukraine’s territory. These proposals seem to pursue at least two different purposes. First, they can be understood as an alternative solution to questions of a territorial nature, i.e. creating a territorial arrangement which involves neither full Ukrainian sovereignty over…

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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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The Davos Trap on Greenland

The dispute about Greenland has been conducted by the US as a zero-sum game. Either ‘ownership’ over Greenland would be handed over to Washington, or else economic sanctions or worse would be applied to Denmark and her European allies. It was all or nothing until earlier this week.  There is a general sense that NATO…

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