Two Weeks in Review, 28 September – 11 October 2020

Written by

EJIL: The Podcast! 

Episode 5 “Breaking Bad – in a Specific and Limited Way” was released. In this episode Dapo Akande, Marko Milanovic, Sarah Nouwen, and Philippa Webb consider current levels of respect for international law in the UK at the moment and analyse the Internal Market Bill which is currently going through the UK Parliament.

You can subscribe to the podcast on Apple Podcasts, Spotify, Google Podcasts, or TuneIn.

 

Posts

 responded to an ongoing debate with Andreas J. Ullmann and Andreas von Staden in EJIL on the theoretical and methodological implications of attempts to evaluate the effectiveness of institutions. In this post Shikhelman focuses on three main topics: the possibility of bias in the dataset, issues regarding the construction of the dataset, and issues regarding levels of analysis.

and  wrote a series of posts on secondary economic sanctions (which affect relations between third states as well as target states). In their first post, Ruys and Ryngaert look at the permissibility of secondary sanctions under customary international law, in particular asking what types of sanctions engage, and possibly violate, the customary international law of jurisdiction. In their second post, they address ‘non-UN’ or ‘autonomous’ sanctions under multilateral and bilateral conventions such as those found in the WTO or IMF frameworks, and ask whether the US’ increasing ‘weaponization’ of the US dollar should, at the very least, cause IMF members to pause and rethink. Their final post addresses the availability of judicial mechanisms to contest the legality of secondary sanctions and the obstacles to these mechanisms. 

 examined the most recent inter-state application (Armenia v Azerbaijan) before the European Court of Human Rights. A once rarely used mechanism has just been engaged for the third in three months. Risini considers the background to the conflict, explaining the relevance of the enclave Nagorno-Karabakh to the dispute, and the value of Rule 39 interim measures that the Court has. 

 considered the rights of athletes that are affected by Rule 50 of the Olypmic Charter which prohibits any ‘kind of demonstration or political, religious or racial propaganda in any Olympic sites, venues or other areas’. Baglayan suggests there might be an effective avenue for redress with the OECD National Contact Points if this mechanism can provide a grievance procedure against the International Olympic Committee before the Swiss National Contact Point. 

 scrutinises the ideological function of ‘development’ in the context of Myanmar, questioning the understanding that development is an effective remedy for and a policy response to protracted ethnic conflicts in a state. Shahabuddin instead shows that ‘development’ as a strategy for peacebuilding often further marginalises vulnerable ethnic minorities, which leads to further ethnic tension and violence.

Rohingya camp in Bangladesh

Source: EU Civil Protection and Humanitarian Aid (https://www.flickr.com/photos/eu_echo/48820556211/)

, and  discuss the Application made by six Portuguese children and young people against 33 member states of the Council of Europe about the ongoing and worsening impact climate change has on them. They discuss some of the central legal arguments made in this Application which relate to the presumption of responsibility for breach of the ECHR and the ‘misapplied’ narrow margin of appreciation applicable in climate change mitigation. They also justify why the Applicants filed their case directly with the ECtHR rather than exhausting domestic remedies. 

, in light of the recent Independent Expert Review of the International Criminal Court, questions the accountability of the Court in its governance structure and the workplace culture given recent reports of its ‘toxicity’ and the high burn out factor faced by staff. 

and  assess how UNCITRAL Working Group III on Investor-State Dispute Settlement Reform have approached the imbalance between rights and obligations under international investment law and state obligations under international human rights law. They consider some of the opportunities there are to ensure that the ISDS system addresses key legitimacy concerns, including with respect to human rights.

Finally, all events and other recent announcements can be found here.

Print Friendly, PDF & Email

Categories

Tags

No tags available

Leave a Comment

Your comment will be revised by the site if needed.

Comments