Study of International Law

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EJIL:The Podcast! Episode 7: “Walking Back Human Rights in Europe?” ‬

In this episode of the podcast, Sarah Nouwen is in conversation with Laurence Helfer (Harry R. Chadwick, Sr. Professor of Law, Duke Law School) and Erik Voeten (Peter F. Krogh Professor of Geopolitics and Justice in World Affairs, Georgetown University) about their article “Walking Back Human Rights in Europe?” which was published in the latest issue of EJIL. In their article, Professors Helfer and Voeten consider whether the European Court of Human Rights is shifting in a regressive direction. They do so by analysing all separate and minority opinions of the Court's Grand Chamber between 1998 and 2018, focussing on opinions asserting that the Grand Chamber has tacitly overturned prior rulings or settled doctrine in a way that favours the respondent state. The conversation begins with a discussion of what it mean to “walk back human rights” and how one assesses whether human rights are being walked back? The discussion also extends to the art of co-authoring academic…

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A Study in Contrasting Jurisdictional Methodologies: The International Court of Justice’s February 2021 Judgments in Iran v. USA and Qatar v. UAE

The International Court of Justice issued two significant Decisions on Jurisdiction in early February: its 3 February 2021 Judgment in Iran v. United States (where the Court accepted jurisdiction over a dispute in which Iran alleged that the United States breached the 1955 Treaty of Amity between these two States) [hereafter, Iran v. US Judgment on Preliminary…

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Betwixt and Between: What We Write About When We Write About International Law History

Introduction  Upon reading Janne Nijman’s elegant response to my recent article in the European Journal of International Law (A New League of Extraordinary Gentlemen? The Professionalization of International Law Scholarship in The Netherlands, 1919-1940), what immediately sprung to mind was a legendary quote from Arnold Toynbee: “The only real struggle in the history of the…

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Editorial – A Modest Proposal on Zoom Teaching

No preliminaries are necessary here. One result of Covid-19 has been a shift to online teaching by Zoom (or similar platforms). In some law faculties all teaching is online. In most faculties most teaching is online with some hybrid teaching, and in a few (privileged) places in-person teaching remains viable. It is also a commonplace that…

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Narendra Modi’s Nationalist-Populism in India and International Law

The rise of populist regimes in many countries has triggered scholarly debates on populism and international law. However, studying populism and international law is fraught with methodological challenges because populism is a difficult term to define. At the most fundamental level, populism is both anti-elitist and anti-pluralist. This is captured in Jan-Werner Müller’s 'formal' conception of populism,…

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