EJIL: In this Issue

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This issue opens with a pair of articles addressing aspects of human rights protection in the European Union. In a compelling critique of the CJEU’s adverse Opinion on the EU’s accession to the European Convention on Human Rights, Turkuler Isiksel argues that the roots of the Court’s Opinion lie in an attitude of ‘European exceptionalism’, that institutional accountability results in the better protection for human rights, and that this applies with equal force to the EU legal order itself. Nora Markard then examines the EU’s practice of outsourcing its border controls, presenting a forceful argument that the involvement of third countries in this regard does not exempt the EU from international responsibility in relation to the law of the sea and the right to leave.

The next three articles in this issue investigate the intersection of international law and politics in several areas. Michal Saliternik argues that the introduction of procedural justice norms to peace negotiations will remedy representation deficits and enhance the success of such processes. Armin Steinbach explores the different analytical logics underpinning rational choice and behavioural economics, by comparing these approaches in their application to non-consensual forms of cooperation in international law. And Daniel Augenstein considers the relationship between the localization of the politics of human rights to sovereignty structures in global resource exploitation.  

This issue features another rich selection of scholarship in our New Voices section, which brings together some of the most notable pieces from the Fourth Annual Junior Faculty Forum for International Law. Surabhi Ranganathan provides a critical account of two key concepts which shape the regulatory discourse on the global commons — ‘tragedy of the commons’ and ‘the common heritage of mankind’ — with a focus on the backgrounds and legacies of the speech-acts that constituted their initial public articulations. Deborah Whitehall excavates Rosa Luxemburg’s early writings on the right of peoples to self-determination, thereby offering an alternative starting point from which to trace the emergence of that principle, and perhaps also a different view on its future. Drawing together the practice and trends of 20 jurisdictions, Philippa Webb analyses a new human rights dilemma: the immunity of states, diplomats and international organizations for abuses that occur in the employment context. Maria Varaki considers the principle of prosecutorial discretion in relation to the International Criminal Court and proposes an alternative policy, emphasizing the relationship between this principle and the perception of the Court’s legitimacy. Finally, Arman Sarvarian critically examines the project of codifying state succession practice through the cases of South Sudan and Scotland.        

Roaming Charges in this issue features a photograph entitled Places of Strife: The Graffiti Wall by Tahrir Square, Cairo.

In this issue’s Critical Review of International Jurisprudence, Miles Jackson brings us back to the European Convention on Human Rights, exploring its applicability to states’ extraterritorial complicity in torture and advocating measures to ensure that cases of state complicity are captured under the Convention.

To conclude this issue, The Last Page presents a poem by Stewart Manley, entitled Scenes from a Failed Revolution.

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