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Recent items include:

  • From Option to Methodology: The ILC’s Missed Opportunity on Judicial Precedent
  • When Government Lawyers Say No
  • Rewriting Article 422: Ecuador’s Constitutional Court, ISDS, and the Limits of Judicial Constitutional Change

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ejiltalk.org /1 week 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 /1 month ago

When Government Lawyers Say No

There are times when government lawyers (including military legal advisors) are faced with a stark choice. Their political masters (or their superiors in the military) are clearly...

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ejiltalk.org /3 weeks ago

Rewriting Article 422: Ecuador’s Constitutional Court, ISDS, and the Limits of Judicial Constitutional Change

Introduction On 30 March 2026, Ecuador’s Constitutional Court issued Dictamen 19-25-TI/26A, conditionally approving the Agreement for the Promotion and Protection of Investments be...

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ejiltalk.org /1 day 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 /4 days 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 /2 days 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 /1 month ago

Analysing Objections to the UN Declaration on the Trafficking of Enslaved Africans

On 25 March 2026, the UN General Assembly (UNGA) adopted Resolution A/80/L.48 titled “Declaration on the Trafficking of Enslaved Africans and Racialised Chattel Enslavement of Afri...

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ejiltalk.org /3 weeks ago

Two(ish) Weeks in Review: 6 April—1 May 2026

In a slightly extended version of Two Weeks in Review, we take in fundamental questions about what happens when law and lawyers seek or refuse to justify illegal actions, “relocati...

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ejiltalk.org /4 weeks ago

On Violence: Self-Defence to Self-Determination in International Law

There are moments when the international legal order reveals itself not through its rules but through the violence done in its name. Today’s expanding doctrine of self-defence—invo...

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ejiltalk.org /1 month ago

Codifying Coercion: Iran’s “New Legal Regime” and the Law of International Straits

The Legal Novelty of the Proposal  International commentary on the Strait of Hormuz crisis has focused, understandably, on the lawfulness of Iran’s closure. The more legally signif...

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conflictoflaws.net /1 month ago

Advocate General Emiliou’s Opinion on Case C-799/24: Res Judicata Effect Applies Despite Breach of Art 31(2) Brussels Ia

by Arvid Kerschnitzki, University of Augsburg On 23 April 2026, Advocate General Emiliou published his

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ejiltalk.org /3 days 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 /1 month ago

After Intervention: The Persistent Absent Third Party Issue in the Sapodilla Cayes Case

On 19 March, the ICJ delivered a judgment allowing Guatemala to intervene as a non-party in Sovereignty over the Sapodilla Cayes/Cayos Zapotillos (Belize v. Honduras). In this case...

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ejiltalk.org /3 weeks ago

Beyond the Blockaded Area: Interdicting Iranian Oil and the Limits of Existing Maritime Legal Frameworks

Recent efforts by the United States to interdict Iranian oil shipments in distant waters have extended well beyond the Persian Gulf. These operations have included the interception...

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ejiltalk.org /1 month ago

Caught in the Legal Crossfire? Critical Minerals Agreements and International Economic Law

Over the past few years, a rapidly expanding network of ‘critical minerals’ agreements has added further complexity to global trade and investment frameworks. The surge in deal mak...

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ejiltalk.org /2 weeks ago

The ECtHR’s First Victimisation Judgment… 50 years after the 1975 Equal Pay Directive

In December 2025, in Ortega Ortega v. Spain, the European Court of Human Rights (ECtHR), for the first time, found that unremedied employer retaliation against a sex discrimination...

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ejiltalk.org /2 weeks ago

The Twice-Coerced Zambia and the Synergy Between Human Rights Violations and Prohibited Intervention

Last week, like many other scholars and activists, I was due to participate in RightsCon, the leading conference on human rights in the digital age. This year it was supposed to ta...

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ejiltalk.org /1 week ago

Two Weeks in Review: 4—15 May 2026

The last two weeks have seen commentators range across a number of topics and jurisdictions. The US-Israeli war in Iran has remained in focus, with the use of US bases abroad raisi...

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ejiltalk.org /1 month ago

Evacuation Orders: An Unlawful Use of Precautionary Measures?

Introduction Around 800,000 Lebanese residents have been displaced so far since the beginning of this round of hostilities between Hezbollah and Israel. On 2 March 2026, the Israel...

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ejiltalk.org /1 week ago

The ICJ Advisory Opinion on Climate Change: What It Means for the Convention on Biological Diversity

This week’s General Assembly’s resolution welcoming the International Court of Justice’s Advisory Opinion on Obligations of States in Respect of Climate Change provides significant...

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justsecurity.org /1 month ago

The Oral Argument in Cisco

SCOTUS oral arguments on aiding and abetting liability for US companies that facilitate atrocities abroad highlighted cross-cutting legal views amongst the Justices The post The Or...

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ejiltalk.org /1 month ago

Two Weeks in Review: 23 March—3 April 2026

It is a sign of the times—or at least how we think of the times—that nearly all the posts of the last fortnight concern armed conflict. As the Iran war rumbles into its fifth week...

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ejiltalk.org /1 month ago

Who cares about theorizing international organizations? A Rejoinder to Christiane Ahlborn

My latest article, ‘Statehood and International Organization: Rethinking Their Conceptual Relationship with Reference to Customary International Law’, addresses whether, how, and t...

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ejiltalk.org /1 week ago

Announcements: CfP Journal of International Law of Peace and Armed Conflict; CfP European Yearbook of Constitutional Law

1. Call for Papers: Journal of International Law of Peace and Armed Conflict. The Journal of International Law of Peace and Armed Conflict (JILPAC / HuV) invites submissions for it...

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ejiltalk.org

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justsecurity.org

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