Two Weeks in Review, 23 May – 5 June 2022

Jan Eiken and David Keane explore the Rules of Procedure for the ad hoc Conciliation Commission in Palestine v Israel, which is also a first for an inter-State communication before a UN human rights treaty body. Read their overview of the rules and what it means for the inter-state communication here. 

Michael Schmitt examines the UK positions on the application of international law to cyberspace that have been outlined in two recent speeches. Read Schmitt’s analysis, including on the UK’s position on the rule of non-intervention, here.

Aoife Nolan discusses the relationship between children’s rights and future generations’ rights in the context of international human rights law and sustainable development, and asks ‘first, who are the right-holders for children’s rights and [future generations’] rights, respectively, in terms of IHRL?  And second, relatedly, to what extent to do these categories or groups or right-holders overlap and diverge in terms of the scope of application of those rights?’ Read Nolan’s analysis here.

Brian McGarry considers the joint statement issued by 41 states and the EU in relation to Ukraine v. Russia before the ICJ and considers the forms of possible intervention in the proceedings mentioned in the statement, as well as the implications of these interventions. McGarry wonders whether ‘it is thus worth considering whether these states could more effectively contribute by collaborating with Ukraine “behind the scenes”‘ given interventions can extend proceedings and ‘exponentially slow the accountability which its signatories are seeking.’ Read McGarry’s analysis here.

Christine Bianco and Zenel Garcia explore China’s status as a maritime power and underline the importance of understanding China’s more restrictive interpretation of innocent passage, which challenges the hegemonic interpretation of the concept. Read more about China’s position on innocent passage here.

Tainá Garcia Maia explains the decision of the Human Rights Committee in the complaint filed by former Brazilian President Luiz Inácio Lula da Silva and considers the deference given to domestic institutions when it comes to issues relating to challenges to democracy. Read more about the findings of the UN human rights body here.

All recent Events and Announcements can be found here.

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