Two Weeks in Review

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Two Weeks in Review, 6 – 19 May 2024

The International Court of Justice Provisional Measures and Plausibility Roy Schondorf explores the concept of ‘plausibility’ in the International Court of Justice (ICJ) rulings on provisional measures, particularly in the context of the South Africa v. Israel case. The author highlights the confusion and misinterpretation surrounding the Court’s use of plausibility, noting that the threshold for plausibility is very low and does not require strong evidence or a high likelihood of success on the merits. Schondorf suggests that the ICJ’s lenient standard for issuing provisional measures may lead to misuse of this procedure and potentially undermine the Court’s credibility. Read the full post here.

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Two Weeks in Review, 22 April – 5 May 2024

International Court of Justice Alexander Wentker and Robert Stendel provide an analysis of the International Court of Justice’s (ICJ) decision not to indicate provisional measures against Germany, as requested by Nicaragua regarding Germany's support for Israel in the Gaza conflict. The authors highlight the unconventional approach taken by the Court in its reasoning and the wording…

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Two Weeks in Review, 8 – 21 April 2024

Victoria Skeie discusses the complexities and challenges of the ship recycling industry, with a focus on the shortcomings of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009. She critiques the Convention for its vague mandates and lack of stringent measures, suggesting that a shift towards enforcing corporate responsibility through instruments like…

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Two Weeks in Review, 24 March – 7 April 2024

Developments in the law regarding genocide Jinan Bastaki considers the role of forced displacement in respect of genocide. Whilst forced displacement, in its various forms, is both a war crime and a crime against humanity under the Rome Statute, to date courts and other bodies have been reluctant to find it constitutes genocide. The author considers…

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Two Weeks in Review, 10 – 24 March 2024

Privacy and surveillance Marko Milanovic examines The European Court of Human Rights (ECtHR) Chamber’s ruling in Wieder and Guarnieri v. the United Kingdom that the interception and processing of data by a state's intelligence agencies on its own territory falls within the jurisdictional scope of the European Convention on Human Rights, even if the individuals affected…

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