ITLOS and the importance of (getting) external rules (right) in interpreting UNCLOS
The Advisory Opinion handed down by the International Tribunal for the Law of the Sea (ITLOS) on 21 May 2024 is truly remarkable. However, while ITLOS succeeded in noting the relevance of many other treaties and customary norms in international law, it fell short of a comprehensive and consistent approach to determining which other treaty norms would be relevant to the interpretation of UNCLOS and how. Establishing coherence by “taking into account external rules” means more than a general reference or a pick-and-choose approach to some relevant norms in an external treaty, while not to others.
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Hundred Days of Fico IV Administration
In Slovakia, we are witnessing something truly extraordinary. Within the first hundred days of the new administration, Slovakia has experienced a paradigmatic change in the penal codes, an attack on civil society organizations, an abolishment of the Special Prosecutor’s Office, a bill for a limitation of the whistleblower protection, and politicization of independent institutions. Accordingly, I argue that Slovakia faces a much faster democratic backsliding than what was happening in Hungary and Poland. Based on the pace of the initial steps, we can expect a radical shift in Slovakia’s democratic character and its position in international relations.
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The Ambivalent Juridification of Humanitarian Space
While humanitarian actors remain hesitant and somewhat suspicious to legal regulation, litigation, and lawyers, the sector is going through a process of juridification: the law regulates more activities, is more often used to solve conflicts, and the legal profession is getting more involved in the nuts and bolts of humanitarian lawyering. Most importantly, individuals in crisis and aid workers increasingly see themselves as legal subjects – whether as workers, rights-holders, or customers. My objective in this blog is to encourage the humanitarians to deal with these developments more comprehensively. Moreover, this blog post takes stock of the ambivalence to law and emergent shifts in the sector and calls for international law scholars to pay more attention.
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Attack or Reform – Mária Kolíková’s legacy
Judicial reforms are always a sensitive topic. Judicial independence is a fundamental principle of liberal democracy and the rule of law. It is often treated like a golden calf, and this worship falls into a ritual. Therefore any interference with the judiciary by the executive or legislative power always raises attention. However, what distinguishes reform from an attack? Part II of this article on the Slovak judicial reform compare latest interventions in the judiciary to other reforms in Visegrad countries.
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Mária Kolíková is leaving
A few weeks ago in Slovakia, after the last step of the reforms of the judiciary structure and the separation of powers was achieved, the coalition crisis broke out in full scope. Furthermore, after a two months long ultimatum, the liberals left the coalition. This step also meant the resignation of the Justice Minister, who was responsible for the judicial reform over the last two years. Now is the right time to summarize how Justice Minister Mária Kolíková succeeded in her efforts to reform the judiciary. This is part I of a two part article on the Slovak reform of the judiciary.
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A(nother) lost opportunity?
The October meeting of the European Council (EUCO) was its first occasion to react to the declaration by the Polish “Constitutional Tribunal” that several provisions of the Treaty on European Union are incompatible with Poland’s Constitution and consequently inapplicable to the country. The express denunciation of fundamental provisions of EU primary law by one of its members (with the support of another), while insisting on his country remaining part of the Union, is a situation the EUCO could hardly overlook. And yet, not a word about the unfolding constitutional crisis was included in the EUCO Conclusions. Various elements may explain the restraint. However, the complete muteness from the EU crisis-manager-in-chief is more questionable and may carry a disquieting message.
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The Demise of Viking and Laval
In Viking and Laval, the ECJ reduced the right of trade unions to take collective action and made it subject to the requirements of the four freedoms, effectively undermining its recognition as a fundamental right according to EU law. This sent shockwaves through the trade unions of Europe. In its recent Holship ruling, the ECtHR has challenged this, with potentially wide-reaching implications for the relationship between the human rights and EU fundamental freedoms, seen from the perspective of Strasbourg.
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