Latest updates for Ejil Analysis

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Recent items include:

  • From Option to Methodology: The ILC’s Missed Opportunity on Judicial Precedent
  • One Step Forward, Two Steps Obscure: Jurisdiction over External Rules in M/T Heroic Idun (No.2)
  • Case Concerning an Inquiry by the International Seabed Authority: Less a Defence of Due Process than an Attempt to Short

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ejiltalk.org /1 month ago

From Option to Methodology: The ILC’s Missed Opportunity on Judicial Precedent

The International Law Commission (ILC), during its seventy-sixth session in May 2025, provisionally adopted the first-reading draft conclusions on Subsidiary means for the determin...

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ejiltalk.org /4 weeks ago

One Step Forward, Two Steps Obscure: Jurisdiction over External Rules in M/T Heroic Idun (No.2)

On 27 May 2026, the ITLOS Special Chamber rendered its judgment in M/T Heroic Idun (No. 2). Brought by the Marshall Islands against Equatorial Guinea, the case concerns the lawfuln...

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ejiltalk.org /1 month ago

Case Concerning an Inquiry by the International Seabed Authority: Less a Defence of Due Process than an Attempt to Short...

On 30 May 2026, two deep seabed mining exploration contractors—NORI and TOML (“the contractors”), both subsidiaries of Canada-based The Metals Company (TMC)—lodged an application a...

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ejiltalk.org /1 month ago

Russia, Israel, and the Trade in Stolen Ukrainian Grain: A Legal Analysis

In April 2026, relations between Ukraine and Israel were shaken by a considerable diplomatic crisis. In contrast to Ukraine’s recent quarrel with Hungary over the (likely illegal)...

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ejiltalk.org /1 month ago

Domestic Courts and the States’ Obligation to Prevent Genocide and Serious Violations of IHL: The Brussels Court of Appe...

On 16 March 2026, the Brussels Court of Appeal (hereafter, the “Court”) issued an interlocutory judgment in summary proceedings (référé) concerning the alleged failure of the Belgi...

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ejiltalk.org /1 month ago

Treaty Interpretation in the ICJ’s Opinion on the Right to Strike

On 21 May 2026, the International Court of Justice delivered its advisory opinion on the Right to Strike under ILO Convention No. 87. The question before the Court was whether the...

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ejiltalk.org /3 weeks ago

The Chișinău Declaration in the Data: Non-Refoulement and States’ Insatiable Appetite for a Restrained Court

There is a striking hidden controversy at the heart of the recent ChiИ™inДѓu Declaration issued by the members of the Council of Europe on May 15, 2026. All 46 member states have a...

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ejiltalk.org /3 days ago

Red lines in a grey zone: the validity of a Russia-Ukraine peace treaty under international law

While peace still appears remote, the prospect of a negotiated end to the war in Ukraine raises difficult questions concerning the international law governing inter-state peace tre...

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ejiltalk.org /2 days ago

The New EU Return Regulation: A Step Towards Crimmigration?

In mid-June 2026, the European Parliament gave its final approval to the amendments to the European Union’s policy on the return of third-country nationals staying irregularly on U...

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ejiltalk.org /1 week ago

The Award in Rwanda versus the United Kingdom: The PCA’s Interpretation of VCLT, Article 13

The PCA’s Award in the arbitration between Rwanda and the United Kingdom, decided on May 15, 2026, was released on June 1, 20226. The arbitration related to the decision by the inc...

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ejiltalk.org /1 month ago

When Advice Should Have Turned Binding: A Missed Opportunity

On 21 May 2026, the International Court of Justice gave its advisory opinion on the Right to Strike under ILO Convention No. 87. By ten votes to four, the Court concluded that the...

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ejiltalk.org /2 weeks ago

Contracting Sovereignty? Greece’s Experiment with the Contractual Allocation of Maritime Delimitation Risk in Offshore L...

In February 2026, Greece signed offshore lease agreements with a Chevron-led consortium for the exploration of oil and gas south of Crete. A month later, the agreements were ratifi...

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ejiltalk.org /1 month ago

A Framework for the Weight of Treaty Body Output: The ICJ’s Right to Strike Advisory Opinion

On 21 May 2026, the International Court of Justice delivered its advisory opinion on the right to strike under ILO Convention No. 87, holding by ten votes to four that the right is...

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ejiltalk.org /2 weeks ago

Crimean Coastal State Rights and the Resilience of International Arbitration

Introduction On 15 June 2026, the Permanent Court of Arbitration published its merits award in Ukraine v. the Russian Federation concerning coastal state rights in the Black Sea, S...

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ejiltalk.org /3 days ago

Substantive Implications of the Duty of Vigilance Ruling Against TotalEnergies

In its 25 June 2026 judgment in NAAT et al. v. TotalEnergies, the Paris Judicial Court ordered TotalEnergies to update its vigilance plan within six months to address climate-relat...

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ejiltalk.org /1 month ago

When Blockade Goes Global: The Sumud Flotilla Interceptions and the Legality of Israel’s Gaza Blockade

In the early hours of 30 April 2026, Israeli naval forces boarded 22 vessels of the Global Sumud Flotilla near Crete, roughly 600 nautical miles from Gaza and apprehending approxim...

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ejiltalk.org /1 month ago

Two Weeks in Review: 1—12 June 2026

The last fortnight has been dominated by two major developments: the proceedings initiated by deep-seabed mining contractors before the ITLOS Seabed Disputes Chamber, and the ICJ’s...

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ejiltalk.org /1 month ago

Denial of Environmental Justice: Would a Bar on Climate Tort Litigation Be Inconsistent with New Zealand’s International...

Like other countries that pride themselves on upholding the rule of law, New Zealand has seen many climate change cases decided by its courts. The most significant is the 2024 judg...

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ejiltalk.org /4 weeks ago

Can the living instrument doctrine be reversed?

On 15 May 2026, the Committee of Ministers of the Council of Europe (CoE), meeting at ministerial level in Chişinău (Romania), adopted a declaration in which the European Court of...

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ejiltalk.org /1 month ago

Eurovision, Non-Recognition and Bangaranga?!

Bulgaria won the 70th Eurovision Song Contest in Vienna with Dara’s “Bangaranga”; Israel finished second; and five countries, Ireland, Spain, the Netherlands, Slovenia and Iceland,...

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ejiltalk.org /1 month ago

Pre-Exploitation Litigation: Cases No. 34 and 35 and the Timing of Deep-Sea Mining Governance

On 5 June 2026, the International Tribunal for the Law of the Sea (ITLOS) announced two new proceedings before its Seabed Disputes Chamber (SDC). Nauru Ocean Resources Inc. (NORI)...

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ejiltalk.org /1 week ago

Constitution or Compass? A Quiet Renegotiation of the Maritime Order

Constitution or Compass? A Quiet Renegotiation of the Maritime Order Vito De Lucia In June 2026, the China Institute for Marine Affairs published a substantial assessment of the Un...

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ejiltalk.org /6 days ago

Legal Experimentation in International Institutional Law? From the Spanish Civil War and the ‘London Committee’ to Gaza...

Much has been said on Trump’s ‘Board of Peace’ (the Board) and much remains to be seen. While the identity of the Board as an international organisation has been discussed (here),...

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ejiltalk.org /6 days ago

A peace treaty for Ukraine: Mini-symposium on international legal issues

In the four years since Russia’s 2022 invasion of Ukraine, the prospects of a negotiated peace settlement have waxed but mostly waned. But the possibility of an agreement has been...

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