Two Weeks in Review, 10 – 23 May 2021

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EJIL:The Podcast!

After 6 trial podcasts initiated by Dapo Akande, Marko Milanovic and Philippa Webb, in which they, their guests and an EJIL editor in chief, discussed issues ranging from immunities to international organisations, from cyber attacks to the US elections, the EJIL boards reviewed the experiment. A decision was taken: continue, and expand.

We expand in terms of team members, topics and frequency. Board members Megan Donaldson and Surabhi Ranganathan have joined the team of podcast hosts. They begin with a new series titled Reckonings with Europe: Pasts and Present. Delivering on the expansion in themes, they open conversations about enduring legacies of empire, capitalism, and racism in international law and the legal academy.

EJIL:The Podcast! Episode 8 – After the Fall

Megan and Surabhi are joined by Professor Matthew Smith (director of UCL’s Centre for the Study of the Legacies of British Slavery), Dr Mezna Qato (Newnham College, Cambridge; curator of a project on Archives of the Disappeared), and Dr Rahul Rao (SOAS, currently writing a book on the politics of controversial statues), who speak to us about statues, about less tangible legacies woven into institutions, and about the place of law in struggles about pasts and futures.

Please subscribe to the podcast on Apple Podcasts, Spotify, Google Podcasts, or TuneIn. It is also available on several other platforms as well, and through aggregator apps on your phone or tablet. We would appreciate listeners leaving a rating or review on the platform of their choice, as this will help promote the podcast.

Recent posts

 addresses the question of who represents states before international courts and tribunals after a coup, especially in situations where there are already cases pending such as in The Gambia v. Myanmar genocide case currently before the ICJ. Milanovic also thinks through some of the ethical issues for counsel and asks ‘Should counsel resign from representing the state, because failing to do so can be interpreted as endorsing a coup?’

 examines whether there is an exception to the requirements to make ‘full reparation’ in the law of State responsibility in cases where full compensation would be ‘crippling’ for the responsible State or its peoples and how this exception might be interpreted. This issue appeared in recent proceedings in the Armed Activities on the Territory of the Congo (DRC v Uganda) before the ICJ but has wider relevance, especially in investor-State arbitration where awards against States are often more than USD 1 billion. 

 continues a recent discussion about whether the Monetary Gold principle needs to be revised, rethought or even abandoned given concerns about its implications for complex multilateral disputes, which Akande notes are increasing not least because of ‘the increasing recognition in international law that states may act to vindicate not just their own interests but also broader community interests.’ Akande reflects on a recent article by Mollengarden and Zamir in AJIL and the set of essays written in response by McIntyre, d’Argent, Paparinskis, Montal, and Bonafé.

 writes about the recent displacement of a reported 34,000 Palestinians in Gaza and the legal exceptionalism that exists as a result of many Palestinian refugees being subject to the UNWRA mandate. Mann discusses the reasons for this and its implications as well as the place of the Palestinian right to collective self-determination in foreign policy today.

All recent Events and Announcements can be read here.

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