12 November 2025
One Step Back and Two Steps Forward
In May, after years of litigation, the Higher Regional Court of Hamm rendered its final decision in Lliuya v. RWE AG – a landmark case in which a Peruvian farmer sought to hold the German energy giant RWE financially responsible for measures protecting his property from a potential glacier flood. Although the Court rejected the claim in the end, the judgment has been celebrated as a “success without victory” due to the potential precedent effect in terms of corporate liability. The true significance of the Lliuya v. RWE decision lies not in its dismissal of the plaintiff’s claim, but in the court’s reasoning on extraterritoriality, causality, and preventive protection. Continue reading >>
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10 November 2025
What is the ECHR For and What Not
In a statement to the British daily The Sunday Times on 26 October 2025, Poland’s Prime Minister Donald Tusk welcomed the radical idea that, if the 46 signatories cannot agree on changes to the European Convention on Human Rights, it would be “quite reasonable” to consider leaving it. We urge the Prime Minister to publicly renounce these considerations, as the Convention forms a constitutional element of Poland’s commitment to external human rights oversight and to protection of shared human rights within a united and peaceful Europe. Continue reading >>
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07 November 2025
We Must Never Cease to Hope in the Possibility of a Future
Five Questions to Michael O'Flaherty Continue reading >>
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21 October 2025
The Slow Death of Human Rights
Following several egregious crimes against women and children, Kyrgyzstan’s President Sadyr Japarov publicly suggested that the death penalty might be restored. Politically, this statement can be considered a populist response to capitalise on the public outrage over gender-based violence. But beneath this political rhetoric lies a multi-faceted legal question: Kyrgyzstan abolished the death penalty almost twenty years ago, binding itself under international law to permanent abolition. In light of this, the Kyrgyz Republic can neither legally nor reputationally afford to reverse this course. Continue reading >>17 October 2025
Academic Freedom as a Human Right
New attempts by the U.S. administration to tie federal funding to an ideologically driven “Compact for Academic Excellence” have sent shockwaves through universities, raising alarms about political steering of curricula and governance. These developments are not isolated: they echo tactics increasingly used worldwide, including within the EU, where subtle regulatory and financial pressures are reshaping the academic landscape. To counter this erosion, the EU must treat academic freedom not as a sectoral issue, but as a fundamental right under Article 13 CFR. Continue reading >>
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29 September 2025
A Badge of Dishonour
Calls for the UK to leave the European Convention on Human Rights (ECHR) have become commonplace in British political debate. Reform UK has announced withdrawal as its day one priority, the centre-right Conservative party could be on the brink of adopting exit from the ECHR as a flagship policy, and even some Labour MPs are thinking the unthinkable. Continue reading >>25 September 2025
Public Debt Transparency and Global Public Law
As the world faces an intensifying post-pandemic public debt crisis, demands for increased transparency in external public debt management have grown stronger, especially from international organizations such as the International Monetary Fund (IMF) and the World Bank. The 2025 Jubilee Year has reinforced those concerns. Nonetheless, a key question persists: how can transparency be institutionalized as a binding principle instead of just a recommended best practice? A key step towards improving public debt transparency is to analyze it through the lens of constitutional law. Continue reading >>
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23 September 2025
The Realm of Good Intentions
A recent decision by a Brazilian labour court fined Volkswagen do Brasil approximately US$ 30 million to be paid into a State fund to combat slave labour. This decision was praised on Verfassungsblog by Danielle Pamplona and Hartmut Rank (“historic, consistent, and necessary”). However, I would like to put forward an alternative view, as I believe the decision has two flaws: it does not comply with Brazilian law and lacks practical utility. Continue reading >>
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24 July 2025
Corporations, Climate, and the Court
Corporations, especially those engaged in fossil fuel production, agriculture, construction, and transportation, play a significant role in the climate crisis and in its human rights impacts. It is thus of critical importance that the Inter-American Court of Human Rights (IACtHR)’s Advisory Opinion 32/25 (AO-32/25) not only directly addresses corporate climate and human rights impacts, but also provides some pathways forward on these persistent barriers to accountability. This blog discusses AO-32/25’s holdings and innovations as related to business and human rights and reflects on their broader legal implications. Continue reading >>
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22 July 2025
Protecting Rights in the Anthropocene
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued its long-awaited Advisory Opinion No. 32 (AO-32/25) on the “Climate Emergency and Human Rights”. With its opinion, the IACtHR became the first human rights monitoring body to recognize that a healthy climate is an autonomous and justiciable human right. This blog post traces the emergence of this new right within the Inter-American Human Rights System (IAHRS) and highlights its most transformative elements for theory and practice. Continue reading >>
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