Theory of International Law

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The Olympic Truce: Tradition or International Law?

Ekécheiria ("laying down of arms") was a noble tradition of antiquity, by which Greek city-states were to observe a sacred truce during the Olympics. This truce, born of a treaty between the polis of Elis, Pisa and Sparta, extended from one week before the start to one week after the end of the classical Olympic Games, to allow contestants and attendees to arrive safely at Olympia, in the region of Elis, to participate in or watch the competitions, and then return in peace to their places of origin. Contrary to the widespread popular belief, the Greek polis did not cease their hostilities among themselves. Only the region of Elis was protected from invasion, while the other city-states had the obligation not to interfere with the realization of the Games or prevent the passage of those who were going to or coming from Olympia. When the Olympic Games, in their modern version, were reestablished in 1896, the institution of the Olympic Truce was not initially part of the event. It was "revived" only in 1992…

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Are sabotage of submarine pipelines an ‘armed attack’ triggering a right to self-defence?

On 26 and 27 September 2022, explosions damaged NordStream 1 and NordStream 2 pipelines in the Baltic Sea (here). These are major transboundary pipelines (consisting of two pipelines each) transporting gas from Russia to Germany. They cross the territorial sea of three States (Russia, Denmark and Germany) and the exclusive economic zone (‘EEZ’) of five States (Russia,…

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Women, Life, Freedom: Have international lawyers run out of words?

We have entered the fourth week into the Iranian protests (under the moto of “women, life, freedom” ) sparked by the death of Mahsa Amini, a 22-year-old woman from Iranian Kurdistan, following her arrest by the Iranian morality police for allegedly breaching the veiling laws. Since then, Amnesty International has reported that the government’s ultra-violent response…

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Anarchy and Anachronism: An Existential Challenge for International Law

The war in Ukraine has opened our eyes to two things that have long been there to be seen.  The post-1945 world order has collapsed into a new world disorder. The utopian dream of inevitable social progress across the human world has revealed itself as an illusion. History has ended, not in improbable optimism but in a sense…

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Piercing the State’s Corporate Veil: Using Private Actors to Enforce International Norms

Russia’s invasion of Ukraine is a tragedy of statehood: a state no longer recognises its neighbour’s right to exist. Yet, the wider resistance to this invasion has highlighted the role of private individuals and corporations in enforcing fundamental international law norms. The involvement of the private sector has helped to globalise the conflict. Individuals and companies have come…

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