New Issue of EJIL (Vol. 36 (2025) No. 3) – Out Soon

The newest subject of the European Journal of Worldwide Legislation can be revealed shortly. We’ll publish quite a lot of posts outlining the contents of this subject and the editorials over the approaching week.  Right here is the Desk of Contents for this new subject, in addition to the Abstracts:

Editorial: EJIL: Information!; In This Concern; In This Concern – Critiques; Extra Concepts and Much less CV?

Articles

Marius Pieterse, City Collectives as Victims of Worldwide Human Rights Violations

Robert Stendel and Alexander Wentker, Financial Gold within the Age of Public Curiosity Litigation

Michael Elliot and Felix Lüth, Company Legal responsibility Reforms in Transnational Anti-Corruption Legislation: Altering Course at a Time of Disaster or Persevering with Historic Trajectories? 

Orfeas Chasapis-Tassinis, Statehood and Worldwide Group: Rethinking Their Conceptual Relationship with Reference to Customary Worldwide Legislation

 The Theatre of Worldwide Legislation

Lianne J.M. Boer, A Commentary in Worldwide Legislation

Roaming Fees: Locations with(out) a Soul: NYC Subway: Separated Collectively

Vital Assessment of Jurisprudence: The European Courtroom of Human Rights in Focus

Dia Anagnostou, The Experimentalist Flip within the European Conference of Human Rights: The Case of Roma Faculty Segregation 

Alex Geraki-Trimi and Eleni Karageorgiou, Tales of Company and Exclusion: Deconstructing the ‘Personal Culpable Conduct’ Requirement within the ECtHR Migration-Associated Jurisprudence

 Vital Assessment of Governance

Niels Petersen, Equality, Local weather Change and Future Generations

Guide Critiques

Françoise Tulkens, Assessment of Linos-Alexandre Sicilianos. La dimension humaine du droit worldwide, Cours général de droit worldwide public, Recueil des cours, Tome 440

Lena Holzer. Assessment of Giovanna Gilleri. Intercourse, Gender and Worldwide Human Rights Legislation: Contesting Binaries

Florian Couveinhes Matsumoto, Assessment of Júlia Miklasová, Secession in Worldwide Legislation with A Particular Reference to the Put up-Soviet House

Carl Landauer, Assessment of Lauren Benton. They Referred to as It Peace: Worlds of Imperial Violence

 The Final Web page

Stewart Manley, A Quiet Place; Stalemate

 Abstracts

Marius Pieterse, City Collectives as Victims of Worldwide Human Rights Violations

Cities are locations the place individuals expertise human rights violations collectively. Disputes arising from such experiences are more and more percolating into the worldwide authorized enviornment. Specializing in choices of worldwide and regional human rights tribunals in issues regarding a number of people sure collectively by city residence, this text considers how the city situation is starting to remodel conceptions of victimhood, typical understandings of particular person and collective rights, and reparations in worldwide human rights legislation.

Robert Stendel and Alexander Wentker, Financial Gold within the Age of Public Curiosity Litigation

This text develops an analytical framework for making use of the Financial Gold rule in public curiosity litigation earlier than the Worldwide Courtroom of Justice (ICJ). A brand new dimension of this litigation expands the circle of potential respondent states to additionally embrace facilitators and bystanders of a major wrongdoing. This litigation raises the query as as to whether the ICJ can be barred from adjudicating claims in opposition to such states as a result of the first wrongdoing state can be an indispensable third social gathering. To construct its framework, the article compares several types of guidelines that allow states to be held answerable for the conduct of different states. These guidelines vary from complicity kind duties of non-assistance and non-instigation to duties of prevention. All of those duties share a sure ‘ethical sophistication’ in that they bear a connection to a different state’s (potential) wrongdoing. The character of this connection determines the extent to which the Financial Gold rule bars the ICJ from adjudicating a declare. The best way wherein totally different duties construction their ethical sophistication is essential. Wider developments within the construction of the worldwide authorized order, with a rise in free-standing obligations imposed on states, counsel that the room for such public curiosity litigation could also be rising. For obligations of prevention, particularly, requests for provisional measures supply pathways to adjudication regardless of Financial Gold, as can looking for and utilizing determinations of third states’ authorized place in authoritative choices, together with advisory opinions. By testing the bounds of those paths, public curiosity litigation in opposition to facilitators and bystanders could additional recalibrate the steadiness in interstate dispute settlement between respect for sovereign equality, on the one hand, and the potential of judicially imposing neighborhood pursuits, alternatively.

Michael Elliot and Felix Lüth, Company Legal responsibility Reforms in Transnational Anti-Corruption Legislation: Altering Course at a Time of Disaster or Persevering with Historic Trajectories?

Company legal responsibility requirements have grow to be thought to be more and more central to combating corruption since their inclusion in main worldwide anti-corruption conventions within the mid-Nineties. Modifications to these requirements at the moment are being pursued by worldwide initiatives comparable to on the Organisation for Financial Co-operation and Improvement and the United Nations. These initiatives are introduced as reforms which can be integral to combating not simply corruption but in addition crises dealing with worldwide society. Specializing in the perform of legislation reform and disaster language, this text critically assesses these initiatives. It does so by contextualizing them inside a historic account of the worldwide improvement of company legal responsibility requirements to indicate how the requirements’ centrality could also be defined not merely by their perceived utility in combating crime but in addition by their alignment with the ends of financial liberalization. In opposition to this backdrop, the article argues that, whereas the present juncture presents alternatives to rethink corruption’s affiliation with world crises and the way it could also be successfully addressed, up to date worldwide efforts to reform company legal responsibility requirements are as a substitute on a trajectory to deepen present developments. Particularly, it contends that the initiatives perform to additional allow transnational company energy and authority whereas undermining public governance.

Orfeas Chasapis-Tassinis, Statehood and Worldwide Group: Rethinking Their Conceptual Relationship with Reference to Customary Worldwide Legislation

This text revisits the connection between the ideas of statehood and worldwide group on the subject of elementary questions of customary worldwide legislation. I argue that normal theories of worldwide organizations usually relaxation on a simplified and considerably superficial anthropomorphic understanding of statehood. This acquainted understanding closely attracts on analogies between the state and the pure particular person of home legislation. On this context, the state seems as a ‘actual’ or ‘born’ topic, whereas worldwide organizations are regarded as ‘synthetic’ and ‘created’. On this article, I advance another account that traces conceptual continuities between statehood and worldwide organizations, suggesting a pluralist authorized ontology for worldwide legislation. I then make the most of this ontology to rethink outdated doctrinal puzzles in relation to worldwide organizations, zeroing in on issues of goal authorized standing in addition to the applying and formation of customary worldwide legislation.

 Lianne J.M. Boer, A Commentary in Worldwide Legislation

Commentaries on worldwide legislation are monumental books: heavy and hulking, with gold-inscribed covers, they convey the significance of the scholarship concerned even earlier than now we have learn a single phrase. It’s exactly these non-textual options of Commentaries that this text is anxious with. Particularly, I attempt to present how a print Commentary incites a way of the monumentality of worldwide legislation in its customers, and the way that is largely misplaced within the transfer on-line. I achieve this by specializing in what Jerome McGann calls the ‘bibliographic codes’ of the e-book, by which he principally means something apart from its precise phrases. A Commentary’s dimension, weight and gold-inscribed cowl, in addition to its skinny pages, small font dimension and the relentlessness of the seemingly limitless textual content produce a way of being a part of one thing that exceeds the solitary authorized work. We take up all of those ‘codes’ with out paying a lot consideration to them, but they matter to our sense of what it means to be a part of the self-discipline of worldwide legislation. A Commentary, then, strikes us in ways in which exceed our grasp and on the identical time are irrefutably tangible. My intention right here is to explain this expertise.

 Dia Anagnostou, The Experimentalist Flip within the European Conference of Human Rights: The Case of Roma Faculty Segregation 

Because the Nineties, the European Courtroom of Human Rights (ECtHR) has more and more reviewed state violations of a structural nature that emanate from the functioning of complete areas of state administration and coverage. This text explores how the judicial and supervisory our bodies beneath the European Conference on Human Rights (ECHR) sort out violations stemming from deficiencies in administrative buildings or from deep-seated discriminatory attitudes and the implications for the functioning of this regional human rights regime. It focuses on the implementation of ECtHR judgments which have condemned Roma faculty segregation as a type of ethnic discrimination. The article argues that repeat and strategic litigation, shifting strategies of ECHR supervision and, above all, the rising engagement of civil society actors each mirror and reinforce a elementary transformation of the ECHR right into a system of human rights experimentalism. In such a system, the ECtHR judgments are foremost a supply of ‘destabilization rights’, their implementation includes recurrent interactions of state authorities with ECHR our bodies and critically is determined by the lively participation of non-governmental actors in monitoring state motion and in advocacy and follow-on litigation.

 Alex Geraki-Trimi and Eleni Karageorgiou, Tales of Company and Exclusion: Deconstructing the ‘Personal Culpable Conduct’ Requirement within the ECtHR Migration-Associated Jurisprudence

This text presents a vital evaluation of the function of company in worldwide authorized safety, situating it within the European Courtroom of Human Rights’ jurisprudence on the prohibition of collective expulsions. It explores the authorized premises that the Courtroom relied upon to construe the ‘own-culpable-conduct’ exception to Article 4 of Protocol no. 4, in addition to the important thing components that decided the Courtroom’s balancing take a look at between state pursuits and migrant rights. This allows a dialogue on the assumptions and structural bias underpinning the Courtroom’s reasoning in migration-related circumstances in addition to on different traces of reasoning that have been left apart. Finally, deconstructing the own-culpable-conduct exception serves as an train for example how worldwide human rights legislation accommodates migrants’ rightlessness and the way the legislation’s therapy of company generates exclusion.

 Niels Petersen, Equality, Local weather Change and Future Generations

This text argues that measures which can be dangerous to the local weather, or state inaction on local weather change, represent a violation of the non-discrimination ensures in worldwide human rights treaties as a result of they discriminate in opposition to future generations. The article defines future generations as a gaggle of people which can be but to be born in addition to kids beneath 18 years of age as a result of they lack political illustration. The core of the argument proceeds in three steps: First, the article demonstrates that motion or inaction dangerous to the local weather constitutes age discrimination. Future generations are a weak group within the sense of non-discrimination legislation as a result of they undergo from political drawback on account of their under-representation within the political course of. Second, measures harming the local weather are often oblique discrimination. Worldwide human rights our bodies typically acknowledge that oblique discrimination can violate non-discrimination norms. Saving prices at present by imposing them on future generations wouldn’t be an ample justification due to the power-asymmetry between current and future generations. Lastly, the article differentiates between state measures that hurt the local weather and inaction on local weather change. Measures which can be actively dangerous, comparable to fossil gas subsidies, can often not be justified. In the case of state inaction, courts usually derive optimistic obligations from human rights norms. Nevertheless, states get pleasure from a large margin of appreciation. Subsequently, courts can’t impose concrete obligations on states. They don’t flip into an ersatz legislature. As an alternative, they’ll impose a normal obligation to behave that nudges the political course of.