30 July 2025
What the Court Didn’t Say
The aim of this blog post is not to summarise the ICJ’s opinion or assess its overall relevance for international law. Instead, it draws attention to some of the issues that the ICJ did not address, or where it might have gone further, by providing more depth, precision, and guidance. By focusing on what the ICJ did not say, we can gain a better understanding of how it navigates its institutional constraints, political sensitivities, and the evolving terrain of international climate litigation. Continue reading >>
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05 October 2024
Whose Consent?
On 4 October 2024 the Grand Chamber of the Court of Justice upheld the General Court’s decision to annul two economic agreements concluded between the European Union and the Kingdom of Morocco. This judgment is a landmark for the CJEU in its application of international law. The Grand Chamber is navigating a difficult path; it seeks to ensure EU agreements comply with international law and respect the rights of the people of Western Sahara while seeking to maintain economic relations between the EU and Morocco. Continue reading >>
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07 October 2021
Contesting Consent
On 29 September 2021, the EU General Court (GC) annulled Council decisions approving trade and fisheries agreements concluded between the European Union and the Kingdom of Morocco. An earlier post by Eva Kassoti gave an overview of the factual and legal background to the judgments and offered insightful critical analysis. This post will focus on how the GC approaches the issue of how the EU authorities could receive the ‘consent’ from the people of Western Sahara. Continue reading >>
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