Human Rights Legislation
Marko Milanovic explores how lies by state officers, whether or not in authoritarian regimes or democracies, can represent violations of worldwide human rights, notably once they have an effect on freedoms of expression, the correct to well being, or public participation. He argues that such lies are sometimes integral to and even enough for committing human rights abuses, and that each home and worldwide deception can have critical authorized penalties. Milanovic additionally examines how mendacity throughout human rights proceedings could hinder justice and undermine the credibility and functioning of human rights establishments. Learn the complete put up right here.
Giulia Bosi explores Italy’s current choice to allow conjugal jail visits following the 2024 Constitutional Courtroom ruling recognizing detainees’ proper to intimacy. The creator notes that this marked a shift towards aligning with European human rights requirements, notably Article 8 ECHR. Although not mandated beneath worldwide regulation, such visits are linked to rehabilitation, psychological well being, and jail security. The creator explores Italy’s authorized change, compares it with Council of Europe practices, and highlights worldwide human rights implications and coverage advantages. Learn the complete put up right here.
Ethan Shattock analyzes the controversy surrounding Irish rap group Kneecap’s alleged terrorism-related fees for displaying a Hezbollah flag, inspecting it by way of the lens of Article 10 of the European Conference on Human Rights (ECHR) on freedom of expression. The creator argues that whereas the UK could have a authorized foundation to limit such expression for nationwide safety causes, the group’s satirical and political context weighs closely in favor of defending their provocative creative speech. In the end, Shattock highlights the strain between safeguarding democratic political expression and stopping incitement linked to proscribed organizations beneath the ECHR framework. Learn the complete put up right here.
Marko Milanovic examines the advanced relationship between sanctions, worldwide regulation, and the correct to improvement, arguing that not all coercive measures are inherently illegal or human rights violations. He challenges inflexible authorized binaries and emphasizes the significance of context, proportionality, and justification when assessing whether or not sanctions intrude with particular person or collective rights. Milanovic urges a extra nuanced, balanced strategy—rejecting each blanket condemnations and unquestioning acceptance of sanctions as reputable instruments of statecraft. Learn the complete put up right here.
Worldwide Courtroom of Justice (ICJ)
Eugenio Carli analyzes the ICJ’s dismissal of Sudan’s genocide case towards the UAE as a result of UAE’s reservation to Article IX of the Genocide Conference, which excludes ICJ jurisdiction. The creator critiques the Courtroom’s longstanding apply of upholding such reservations, arguing that they undermine the enforcement of obligations erga omnes partes—these owed to all states events—by disabling judicial accountability. The piece contends that reservations excluding jurisdiction in treaties defending collective pursuits, just like the Genocide Conference, must be thought of incompatible with the treaty’s object and function and thus invalid. Learn the complete put up right here.
Andreas Zimmermann examines Serbia’s unexplained intervention try within the ICJ case Sudan v. UAE, noting the Courtroom’s uncommon silence in formally addressing or dismissing it—opposite to its constant previous apply. Although Serbia claimed it wasn’t sure by Article IX of the Genocide Conference, this contradicts prior ICJ rulings. The creator argues that, for authorized readability, the ICJ ought to have formally responded to Serbia’s intervention, particularly since previous interventions have been explicitly dismissed, even after the primary case ended. Learn the complete put up right here.
Investor–State Dispute Settlement (ISDS)
Joshua Paine discusses the event of a Multilateral Instrument on ISDS Reform (MIIR) by UNCITRAL Working Group III as a method to apply dispute decision reforms throughout present funding treaties. Paine explores the potential for the MIIR to additionally implement broader substantive reforms, with parallel discussions happening within the OECD’s Observe 2 course of. Paine emphasizes the significance of designing a versatile and environment friendly MIIR that might permit for incremental adoption by subsets of states and help ongoing treaty reform past the UNCITRAL course of. Learn the complete put up right here.
Humanitarian Assist
Julia Emtseva critiques Israel’s alternative of UN humanitarian companies in Gaza with a non-public basis, the Gaza Humanitarian Basis (GHF), partnered with a non-public safety agency, arguing this privatization undermines worldwide humanitarian regulation rules of neutrality, impartiality, and state accountability. Emtseva highlights authorized and moral issues, together with potential violations of the Geneva Conventions, the danger of assist changing into politicized and weaponized, and the shortage of transparency and accountability. In the end, the textual content warns that this mannequin threatens to erode the authorized protections for civilians in battle, remodeling humanitarian assist from a authorized obligation into discretionary, politically managed benevolence. Learn the complete put up right here.
Sources of Worldwide Legislation
Tan Hsien-Li explores how smooth regulation has gained rising legitimacy and affect, particularly amid geopolitical shifts and home constraints in international locations just like the U.S. The creator critiques the basic view preferring hard-law over smooth regulation. The creator highlights the Asia-Pacific area’s rising acceptance of sentimental regulation and argues that smooth regulation will not be a second-best various however a deliberate and efficient software for worldwide cooperation and norm-setting. Learn the complete put up right here.
Worldwide Legal Legislation and the Surroundings
Daniel Bertram explores the Council of Europe’s newly adopted Conference on the Safety of the Surroundings by way of Legal Legislation (Could 2025), calling it the primary worldwide treaty to criminalize conduct akin to ecocide. Whereas modern in its breadth and procedural mandates, the Conference stops wanting explicitly criminalizing ecocide, leaving important gaps—equivalent to weak penalties and reliance on administrative regulation. Bertram argues it represents pragmatic progress however not the symbolic breakthrough many ecocide advocates hoped for. Learn the complete put up right here.
Jérôme de Hemptinne considers whether or not criminalizing ecocide may meaningfully tackle the large-scale exploitation and killing of animals. The creator concludes that present worldwide crimes, equivalent to genocide, crimes towards humanity, or conflict crimes, are ill-suited to guard animals, as they’re primarily designed to safeguard human pursuits. Due to this fact, an ecocide framework may extra instantly goal the systemic destruction of ecosystems and mass hurt to animal populations. Learn the complete put up right here.
Worldwide Legal Legislation
Patrycja Grzebyk addresses widespread misconceptions concerning the upcoming evaluate of the Kampala Amendments on the crime of aggression on the Worldwide Legal Courtroom. Grzebyk argues in favor of harmonizing the Courtroom’s jurisdiction over aggression with that of different core crimes, clarifying that the evaluate course of is longstanding, not politically focused, and legally sound. The creator dispels seven particular myths, emphasizing that reform is each essential and possible regardless of political, procedural, and institutional challenges. Learn the complete put up right here.
Treaty Legislation
Ayelet Berman and Indira Dewi Kantiana clarify the brand new WHO Pandemic Settlement, created to enhance international pandemic response by emphasizing fairness and solidarity between international locations. The authors argue that the brand new settlement marks a serious authorized milestone however has restricted enforcement and unresolved points, like truthful pathogen sharing. The authors additional argue that regardless of its promise, the settlement’s actual impression is unsure, particularly with out U.S. involvement. Learn the complete put up right here.
Diplomacy and Worldwide Legislation
Parthiban Babu argues that states use strategic authorized storytelling—“delegation diplomacy”—to form worldwide regulation narratives and assert legitimacy, as seen in India’s post-2025 Kashmir assault efforts. This narrative flip reveals how authorized which means is constructed by way of efficiency, venue choice, and selective framing, usually reflecting energy imbalances that favor dominant actors. Whereas such storytelling can advance political goals, it dangers turning regulation right into a software of persuasion relatively than real accountability, marginalizing dissenting voices. Learn the complete put up right here.
The Legality of Utilizing Drive
Marko Milanovic examines whether or not Israel’s current use of power towards Iran, concentrating on its nuclear program will be justified as lawful self-defense beneath worldwide regulation. Inspecting the formulations of the dialogue, Milanovic concludes that: “except Israel is ready to present considerably extra compelling proof than is at the moment publicly out there, it can’t moderately be argued that Iran would imminently assault Israel, or that utilizing power was the one choice to cease that assault. Israel is subsequently utilizing power towards Iran unlawfully, in violation of Article 2(4) of the Constitution. It’s committing aggression.” Learn the complete put up right here.
Hearken to EJIL: The Podcast! Episode 34: Within the Household: Household Tropes in Worldwide Legislation right here.
See EJIL’s “Roll of Honour” right here.
