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Are You Ready for a Pandemic? The International Health Regulations Put to the Test of Their ‘Core Capacity Requirements’

Legal analyses of the Covid-19 pandemic have mainly addressed measures adopted in response to this event. However, institutional agendas related to disasters, such as the Sendai Framework for Disaster Risk Reduction 2015-2030, reaffirm that similar attention should be paid to prevention and preparedness measures that can positively impact potentially affected communities, also in economic terms (for health emergencies see the 2019 report of the Global Preparedness Monitoring Board, co-convened by WHO and the World Bank Group). Measures addressing risk reduction also have international legal implications (Samuel, Aronsson-Storrier & Bookmiller and here) and indeed the International Health Regulations themselves encapsulate this perspective, particularly through their Articles 5 and 13, and Annex 1. However, the implementation of such obligations has suffered from various shortcomings and has not been supported by a substantial monitoring system. The recent focus on such issues by WHO and Member States has resulted in some new initiatives, but ultimately constituted too little and too late.

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Announcement: CfS The Military Law and the Law of War Review

Call for Submissions: The Military Law and the Law of War Review. The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre (MLLWR) is a long-established journal with a specialisation in matters of interest for both legal scholars and civilian and military legal…

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Cyber Attacks and Cyber (Mis)information Operations during a Pandemic

Hot on the heels on the Oxford Statement on international law rules and principles relating to malicious cyber operations targeting healthcare facilities, just a quick teaser that the next episode of EJIL: The Podcast! will be dealing precisely…

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Why the WHO is failing and how to fix it

The maligned World Health Organization (WHO) faces its biggest crisis since its inception in 1948. Critical questions about whether China reported the novel coronavirus to the WHO promptly expose a sustained governance flow which the global health security regime builds upon—where national sovereignty has always trumped mutual responsibility. While the nation-state is primarily responsible for the health of…

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The International Court of Justice and Customary International Law: A Reply to Stefan Talmon

There is much to agree with in Professor Talmon’s article, which addresses the International Court of Justice’s methodology for the determination of rules of customary international law, and concludes that “the main method employed by the Court is neither induction nor deduction but, rather, assertion.” But there are…

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Lectureship at Glasgow

Christian Tams writes that the University of Glasgow School of Law is advertizing a lectureship in international law – readers can find the details here. Glasgow is not only an excellent school, but is particularly strong in international law; potential candidates are encouraged to apply.

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The Ogiek Case of the African Court on Human and Peoples’ Rights: Not So Much News After All?

On Friday, May 26, the African Court on Human and Peoples’ Rights (African Court) delivered its long-awaited judgement on the expulsion of the Ogiek people, a Kenyan hunter-gatherer community, from their ancestral lands in the Mau forest. As the African Commission on Human and Peoples’ Rights (African…

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Human Rights Treaties and Foreign Surveillance

A quick heads-up that the final version of my article on Human Rights Treaties and Foreign Surveillance: Privacy in the Digital Age, is now available on the website of the Harvard International Law Journal. The article grew from a series of posts I…

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Eroding Religious Freedom Step by Step: France and the Baby Loup Case

Last Wednesday, the French Cour de Cassation (pictured left), in the Baby Loup case, permitted yet another restriction to be placed on the right to manifest religion in France.  The applicant had been fired from her job at Baby Loup, a private crèche and…

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The Bashir Case: Has the South African Supreme Court Abolished Immunity for all Heads of States?

Earlier this month, the South African Supreme Court of Appeal decided unanimously (see the judgment here) that the South African government had breached its obligations under the South African domestic statute implementing the Rome Statute of the International Criminal Court (ICC), and under the Rome Statute, by failing…

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The Editors of EJIL:Talk! Are:

Dapo Akande

Marko Milanovic

Diane Desierto

Associate Editors:

Kate Mitchell

Mary Guest

Gail Lythgoe

Contributing Editors:

Freya Baetens

Michael Fakhri

Douglas Guilfoyle

Monica Hakimi

Lorna McGregor

Anthea Roberts