Two Weeks in Review, 12– 25 February 2024

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Ukraine

Matei Alexianu explores the recent International Court of Justice’s (ICJ) decision on Jurisdiction in the case of Ukraine v. Russia. Noting the dismissal of the majority of claims made by Ukraine for the lack of jurisdiction, the author finds the decision effectively transformes the case into one about whether Ukraine itself violated the Genocide convention, ans precludes a meaningful remedy for Russia’s war at the merits stage. Alexianu discusses the jurisdictional judgment’s implications for the the provisional measures that Russia should suspend its military operations in Ukraine and ensure that no armed units or other persons within its control contribute to those operations. See the full post here.

 Iryna Marchuk reflects on the January 31st 2024, Judgment on the merits in the case Ukraine v. Russia, which pertains to alleged violations of the International Convention for the Suppression of the Financing of Terrorism (ICSFT) and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). In her analysis, Marchuk considers the implications of the judgment for Ukraine and its broader ramifications. See the full post here.

Tetyana (Tanya) Krupiy delves into the potential role of artificial intelligence (AI) in assessing adherence of military operations to international humanitarian law (IHL). With a specific focus on the context of hostilities in Ukraine, Krupiy examines how AI can contribute to evaluating compliance with IHL. Read the full post here.

Anton Moiseienko examines recent developments concerning the Central Bank of Russia’s (CBR) frozen foreign currency reserves, particularly focusing on a recent proposal to issue bonds collateralized by CBR assets for Ukraine’s benefit. Moiseienko explores the debates surrounding the disposition of these reserves, including keeping them frozen, confiscating or taxing the interest accrued, transferring them to Ukraine for reparations, and the idea of collateralization, while highlighting the legal, economic, and practical challenges associated with each option and the broader implications for international law and financial governance. Read the full post here.

Ievgeniia Kopytsia discusses the inadequacy of current international climate governance, highlighted by the failure to meet Paris Agreement goals and the ongoing reliance on fossil fuels despite warnings of impending global warming. Kopytsia examines the challenges Ukraine faces in navigating climate action amidst war, underscoring the need for comprehensive policies integrating climate and conflict considerations. Read the full post here.

Israel

Brian McGarry undertakes an analysis of Nicaragua’s application to intervene in South Africa v. Israel under Article 62 of the ICJ Statute. While examining the signiicance of Nicaragua’s decision to intervene under Article 62 rather than Article 63, McGarry stresses the premise in Nicaragua’s request that a shared interest in the fulfilment of obligations under the Genocide Convention is insufficient for non-party Article 62 interventions. Read the full analysis here.

In his post titled “Not All Scripts Come with One Voice”: Variations in State Responses to South Africa v. Israel,” Thomas Obel Hansen explores states’ responses to the ICJ Order on provisional measures in South Africa v. Israel issued on January 26, 2024. The author compares the primary types of reactions exhibited by the states in the West that regularly claim to subscribe to a so-called “rules-based international order,” further providing reflections on the implications of these responses for the concept of the “rules-based order.” Read the full post here.

Marten Zwanenburg and Joop Voetelink analyze the appeals judgment in the case concerning the shipment of Parts for F-35 fighter aircraft from the Netherlands to Israel. The authors discuss the background to the appeals judgment, the judgment itself, and highlight some of the key issues and implications the judgment may have. See the full post here.

More posts

Krzysztof Pelc discusses the impasse at the World Trade Organization (WTO) regarding the selection process for Appellate Body adjudicators and the prospects for reforming the Dispute Settlement Understanding. Pelc highlights Guatemala’s repeated proposal, backed by 130 WTO members, to relaunch the selection process, which the US has consistently thwarted. Additionally, exploring the creation and effectiveness of the Multi-Party Interim Agreement as an innovative workaround to address the paralysis of the appellate mechanism, analyzing its membership patterns and impact on trade policies among member states. See the full analysis here.

Russell Buchan and Nicholas Tsagourias explore the recent African Union’s statement on the application of international law to cyberspace. In their analysis, the authors focus on the Common African Position’s application of the principles of territorial sovereignty, non-intervention, and non-use of force to cyberspace. Read the full post here.

Solomon Dersso and Elsabé Boshoff examine the September 2023 judgement by the African Court on Human and Peoples’ Rights (the Court) in the case of LIDHO v. Cote d’Ivoire. Noting the case focuses on the harm caused by dumping of toxic waste, the authors explore how this judgement may expand the African jurisprudence on the question of corporate accountability for infringement of human rights. Read the full post here.

Read the obituary of Professor Francesco Francioni (1942 – 2024), written by  Nehal Bhuta, Riccardo Pavoni and Valentina Spiga.

See the new issue of EJIL – now published.

All recent Events and Announcements can be found here.

The European Journal of International Law has new advanced articles and advanced reviews available to read online.

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