Two Weeks in Review, 5 – 18 May 2025

Environmental Regulation

Malavika Rao discusses the Kafue River spill in Zambia and questions whether or not the present authorized responses, centered on human rights and compensation, are ample to handle the in depth environmental harm from mining. Like different African states, Rao highlights that Zambia’s environmental legal guidelines primarily view environmental hurt via a human-centered lens. The creator means that recognizing the Rights of Nature, much like developments in Uganda, Colombia, and Ecuador, may supply a extra complete and sustainable method to defending ecosystems and dependent communities in Zambia, transferring past merely compensating for human-related losses. Learn the complete put up right here. 

Seabed Mining

Yavuz Arda Yakut argues for the adoption of a strict legal responsibility regime for deep-seabed mining (DSM) contractors working within the “Space,” regulated by the Worldwide Seabed Authority. The creator contends that, given the numerous environmental dangers related to DSM, together with sediment plumes and biodiversity loss, a strict legal responsibility commonplace, the place operators are answerable for harm no matter fault, is extra applicable than a due diligence commonplace.  The creator argues {that a} strict legal responsibility commonplace higher aligns with worldwide follow, eases the burden of proof for these harmed, and incentivizes contractors to implement excessive environmental safety requirements to keep away from legal responsibility, in the end serving the pursuits of humankind because the beneficiary of the Space’s assets. Learn the complete put up right here.

Coalter Lathrop analyzes the legality of the latest U.S. Government Order that goals to expedite seabed mineral exploration and industrial restoration permits in areas past nationwide jurisdiction. Lathrop argues that this unilateral motion would violate america’ worldwide authorized obligations below the 1994 Implementing Settlement to the UN Conference on the Regulation of the Sea, to which the US is a signatory. Moreover, the creator contends that the precept of the “widespread heritage of mankind” for deep seabed assets has developed into customary worldwide regulation, binding the U.S. whilst a non-party to the complete Conference. The creator concludes that: 

The USA could also be brief on essential minerals, and China could also be far forward on this space, however the answer is to not destabilize the worldwide order of the oceans that america has so deliberately and efficiently crafted for the reason that closing days of World Battle II. As an alternative of violating its worldwide regulation obligations, america ought to accede to the Conference, reclaim its seat on the ISA Council, and push the ISA towards finishing its exploitation laws, whereas additionally sponsoring deep-seabed mining inside the authorized regime it created.

Learn the complete put up right here. 

Worldwide Felony Regulation

Hélène Tigroudja examines the African Fee on Human and Peoples’ Rights’ determination within the Minova case in opposition to the Democratic Republic of Congo regarding mass atrocities, together with sexual violence, dedicated by the DRC military. The creator highlights the Fee’s affirmation of its jurisdiction over the Maputo Protocol and its modern interpretation of the fitting to particular person safety in battle conditions. Nevertheless, the creator critiques the Fee’s reliance on a state-centric definition of torture, arguing for a broader interpretation that features conflict-related sexual violence by each state and non-state actors. Learn the complete put up right here.

Kazuki Goto analyzes the top of ICC proceedings regarding Mongolia’s refusal to cooperate in arresting Putin. The creator argues that the ASP ought to now handle this non-cooperation. A key concern raised is the ICC’s ruling that findings of non-cooperation aren’t appealable, which may hurt the Court docket’s credibility and procedural equity for states events. Learn the complete put up right here.

Khan Khalid Adnan critiques the legality of trials in absentia below Bangladesh’s Worldwide Crimes (Tribunals) Act (ICTA), particularly regarding potential proceedings in opposition to Sheikh Hasina. The creator argues trials in absentia contradict the ICTA’s authentic objective and worldwide legal regulation requirements, which typically reject them. The creator notes that whereas worldwide human rights our bodies permit them below strict situations (notification, illustration, retrial), the ICTA doesn’t assure these. The creator urges reform to align the ICTA with worldwide due course of norms, significantly given its allowance for the dying penalty. Learn the complete put up right here. 

Claire Bertouille examines a ruling by Brussels’ Court docket of Enchantment that discovered the Belgian State responsible of crimes in opposition to humanity for the pressured abduction of mixed-race kids throughout its colonial rule within the Democratic Republic of Congo. The court docket reversed a earlier determination, stating that these actions, geared toward separating kids of black moms and white fathers from their households primarily based solely on their origin, constituted inhumane acts and persecution criminalized below the Nuremberg Tribunal Constitution, which was relevant on the time. The court docket additionally rejected the Belgian State’s arguments concerning statutory limitations and immunity, awarding damages to the plaintiffs for the struggling and lack of identification they endured. Learn the complete put up right here. 

The Genocide Conference 

Edward Thomas and Sarah Nouwen critique how the Genocide Conference’s classes have been utilized to Sudan’s fluid social teams, arguing that previous categorizations primarily based on a colonial-era ‘African/Arab’ binary strengthened racialization. The authors contend that the ICJ’s dismissal of Sudan v. UAE was a missed likelihood for a extra subtle authorized interpretation of ‘racial’ teams that would handle the processes of racialization driving violence. They counsel {that a} deeper understanding of Sudan’s historical past may allow the Genocide Conference to sentence these processes extra successfully. Learn the complete put up right here. 

Sarthak Gupta examines the ICJ’s determination to take away the case of Sudan v. UAE, because the Court docket discovered it didn’t have jurisdiction as a result of UAE’s reservation to Article IX of the Genocide Conference. Gupta affords his evaluation to the bulk’s reasoning, which upheld the readability and validity of the reservation, and contrasts it with the dissenting opinions that argued for a extra thorough examination of jurisdiction. The creator concludes that whereas the Court docket adhered to jurisdictional rules, its early dismissal of the case reveals a pressure between procedural effectivity and making certain entry to justice in instances regarding genocide allegations. Learn the complete put up right here.

Extended Occupation

Georges Abi-Saab and Marcelo Kohen discover the applying of IHL to ‘extended occupations.’ ‘Whereas no express time restrict exists, the authors argue that IHL’s objective of defending civilians and stopping annexation implies temporariness. They counsel that when occupation turns into entrenched, evidenced by actions in opposition to the established order ante or denial of self-determination, IHL’s navy occupation regime ought to stop to be the first regulation. In such instances, worldwide human rights regulation and the fitting to self-determination turn out to be extra related, some extent the authors argue the ICJ’s latest opinion didn’t totally handle. Finally, they conclude that extended occupation undermines the foundations of IHL, necessitating a shift to different authorized frameworks. Learn the complete evaluation right here. 

The WHO Pandemic Settlement

Richard Clements analyzes the WHO Pandemic Settlement, a multilateral accord centered on pandemic prevention and response. Clements highlights achievements like pathogen sharing and drugs donation commitments, however notes persistent disagreements between developed and growing nations, significantly on know-how switch. The creator argues that the ultimate textual content’s emphasis on mutually agreed know-how switch and the reaffirmation of mental property rights increase issues about equitable entry for growing nations in future well being crises. Learn the complete put up right here.

European Union 

Eric Fripp examines the latest ruling by the European Union Court docket of Justice that discovered Malta’s ‘golden passports’ scheme violates EU regulation. The scheme allowed people to acquire Maltese citizenship (and subsequently EU citizenship) in alternate for important investments. The court docket argued that this follow undermines the rules of honest cooperation amongst EU member states and the very nature of EU citizenship, which ought to be primarily based on a real hyperlink quite than a purely monetary transaction. The creator discusses the court docket’s reasoning, contrasts it with an earlier authorized opinion, and raises a number of vital questions concerning the implications of this ruling for Malta, different EU nations with related schemes, and the standing of people who’ve already obtained citizenship via such packages. Learn the complete put up right here.

Human Rights 

Vesna Stefanovska discusses the European Court docket of Human Rights’ (ECtHR) interim measure in regards to the alleged use of a sonic weapon by Serbian authorities in opposition to protesters. Stefanovska outlines the protesters’ claims of hurt, the paradox of Serbian regulation concerning such weapons, and the conflicting info from Serbian officers. The creator emphasizes the importance of this case as a possible precedent for the usage of sonic weapons in Europe and the ECtHR’s position in assessing Serbia’s compliance with human rights requirements. Learn the complete put up right here. 

Maritime Regulation 

Dimitris Panousos analyzes Greece’s first marine spatial plan (MSP) and its authorized relevance in contested maritime areas just like the Aegean Sea. Panousos argues that whereas primarily home, the MSP map serves as proof of Greece’s maritime claims and interpretations, that are important in worldwide regulation. Türkiye’s swift objection highlights the authorized significance of contesting such unilateral acts. The creator concludes that MSPs, whereas not resolving disputes, can make clear state positions and probably assist future maritime delimitation discussions. Learn the complete put up right here.

UN Safety Council

Francois Naaman examines the largely disregarded UN Safety Council rule in Article 27(3) that requires a state social gathering to a dispute to abstain from voting on associated, non-procedural resolutions below Chapter VI. The creator notes a renewed curiosity on this precept as a result of Russia’s actions in Ukraine and its repeated vetoes. The article explores the distinction between a ‘dispute’ and a ‘state of affairs’ inside the Safety Council’s context, arguing that the language of UNSC Decision 2774 on the Russia-Ukraine battle suggests a deliberate avoidance of the time period ‘state of affairs,’ probably opening the door for the applying of Article 27(3). The creator concludes that reviving Article 27(3) on this context is essential for the Safety Council’s credibility and the upholding of its personal procedural guidelines. Learn the complete put up right here. 

Source link