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Two Weeks in Review, 22 June – 5 July 2020

COVID related posts Rutsel Martha and Stephen Bailey note the recent moves by some states, as part of efforts to contain the transmission of COVID-19, denying the entry to their nationals. They examine whether it is lawful for a State to deprive individuals of the right to enter their own country, through the lens of the International Covenant on Civil and Political Rights and regional human rights treaties. Samantha Besson situates debates about the performance of the WHO during COVID, saying the “noble dream” and ambition of its institution, quickly turned into a “technocratic nightmare”. Besson notes two weaknesses of the global health governance affecting the WHO: the first concerns the “rule of expertise instead of rule of law”; and the second is the insufficient and unequal compulsory public funding, given that Member State contributions only makes up 20% of the WHO’s budget.

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Announcements: CfP Institution of the House of Representatives of the Republic of Cyprus; CfA Hague Academy of International Law Online Session; U.S. German Summer Law School

1. Call for Papers: The Institution of the House of Representatives of the Republic of Cyprus (1960-2020). The House of Representatives of the Republic of Cyprus and the President of the national parliament join the School of Law of the University of Nicosia in opening a topical call for papers and posters focusing on a wide range of subjects and touching upon the…

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Rousing from Dogmatic Slumbers

Editor’s Note:  Over the next week, EJIL:Talk! is running a Book Discussion, reflecting on Don Herzog’s Sovereignty RIP. Reviewers include Jack Goldsmith, Neil Walker, Heike Krieger and James Gathii. We begin today with Don Herzog's introduction. Thank you to all of the contributors.  I’m a political theorist, not an international lawyer. (I’m not even…

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The ICC Appeals Chamber Signals a Possible Change in Approach to the Permissibility of Trials in Absentia

On 28 May 2020, the Appeals Chamber of the International Criminal Court (ICC) issued a decision in the Gbagbo and Blé Goudé case that has the potential to alter how trials are conducted at the ICC. The decision denied Mr Gbagbo’s request for reconsideration of a decision relating to an earlier appeal filed by the Prosecution, and…

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Minnesota Protocol on the Investigation of Unlawful Death Gets a New Life

The Revised Minnesota Protocol on the Investigation of Potentially Unlawful Death has just been published. It sets out the international human rights and criminal justice standards applicable to national investigations into alleged summary executions and other suspicious deaths, while also providing detailed advice on crime scene investigation…

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An International Investment Advisory Center: Beyond the WTO Model

Establishing an international investment advisory center is now a priority for many states.  UNCITRAL Working Group III has put the issue at the top of its agenda for ISDS reform.  The European Commission is considering an advisory center for its proposed Multilateral Investment Court.  The Netherlands government…

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ESIL-International Human Rights Law Symposium: ‘Operationalising’ the Relationship Between the Law of Armed Conflict and International Human Rights Law

Today it is accepted that both the law of armed conflict and international human rights law continue to apply in situations of armed conflict. Indeed, the European Court of Human Rights recently addressed the co-application of these two bodies of law for the first time in Hassan…

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Catalonia: The Way Forward is Comparative Constitutional Rather than International Legal Argument

On 10 October 2017, Catalonia issued and then immediately suspended its declaration of independence, and urged Spain to negotiate. Spain does not want to negotiate. Rather, it sought clarification as to whether or not Catalonia’s manoeuvre indeed was a declaration of independence. Such clarification was needed,…

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The Other Poisoned Chalice: Unprecedented Evidentiary Standards in the Gbagbo Case? (Part 1)

The aim of this post is to start a conversation about unusual evidentiary standards emerging in some judgments at the ICC.  Although the underlying impetus is commendable, these standards pose legally unprecedented and epistemologically unsound demands.  Remarkably, these novel evidentiary approaches, which depart significantly from national and international…

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Repressing Migrant Smuggling by the UN Security Council and EU Naval Military Operation Sophia: Some Reflections on Jurisdiction and Human Rights

On 5 October 2017, the UN Security Council through S/RES/2380 (2017) renewed for the second time the enforcement powers that S/RES/2240 (2015) granted to states in order to fight migrant smuggling and human trafficking off the coast of Libya. In a previous blog post…

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