20 December 2023
Warum wir einen Verbotsvertrag für fossile Brennstoffe brauchen
Während der COP 28 Konferenz schlossen sich Palau, Kolumbien, Samoa und Nauru offiziell der Forderung nach einem Vertrag über die Nichtverbreitung fossiler Brennstoffe an. Die Ankündigungen erfolgten in Dubai, während viele Organisationen der Zivilgesellschaft und Regierungsdelegationen sich noch für einen COP-Beschluss zum Ausstieg aus der Förderung fossiler Brennstoffe einsetzten. Diese eigenständige Vertragsinitiative, die vom Europäischen Parlament, der WHO sowie von zahlreichen Städten und wissenschaftlichen Einrichtungen unterstützt wird, wird von 12 Staaten angeführt, von denen 11 Inselstaaten sind, die am stärksten von der Klimakrise betroffen sind. Wie ich darlegen werde, ist es in der Tat eine gute Idee, einen neuen Vertrag über das Verbot der Förderung fossiler Brennstoffe auszuhandeln, auch wenn sich einige Öl, Gas und Kohle exportierende Länder weigern, daran teilzunehmen. Continue reading >>
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15 November 2023
Biden, Bletchley, and the emerging international law of AI
Everyone talks about AI at the moment. Biden issues an Executive Order while the EU hammers out its AI Act, and world and tech leaders meet in the UK to discuss AI. The significance of Biden’s Executive Order can therefore only be understood when taking a step back and considering the growing global AI regulatory landscape. In this blogpost, I argue that an international law of AI is slowly starting to emerge, pushing countries to adopt their own position on this technology in the international regulatory arena, before others do so for them. Biden’s Executive Order should hence be read with exactly this purpose in mind. Continue reading >>
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10 November 2023
Voting To Annex?
On December 3, Venezuelans will vote in a referendum on the annexation of Esequibo to the territory of the Bolivarian Republic of Venezuela. This blog post argues that the referendum has implications for both domestic constitutional law and international law. Since the referendum cannot have any practical effect under international law, it also violates the voters’ constitutional right to participate freely in public affairs. By prioritizing solely the interests of Venezuela over the sovereignty of Guyana, the referendum might be contrary to the principles of peaceful dispute settlement and the prohibition of force, as stipulated in the United Nations Charter. It could also challenge the established legal doctrine of state consent and infringe upon the principle of prioritizing international obligations over national law. Continue reading >>
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09 October 2023
Open letter from Israeli international law experts
The taking of hostages is a blatant violation of international law. We call for the immediate and unconditional release of all hostages. Pending their release, they are all entitled to be treated with humanity and respect. This includes the receipt of proper medical care and supply of essential medication for those who need it, and the provision of information regarding the hostages and means of communication with them. We call upon the international community, including all states and relevant international organizations to pressure those holding the hostages to release them all immediately. Continue reading >>20 April 2023
Context Is Open to Interpretation, Too
Taiwan is no longer ‘The Orphan of Asia’ as depicted in a 1983 mandarin Chinese pop song that gave expression to the Taiwanese’ feelings of betrayal and abandonment, after the US ‘recognize[d] the Government of the People’s Republic of China [PRC] as the sole legal Government of China’ in 1979 and withdrew its troops from the island. Today Taiwan is one of the most discussed geopolitical hotspots. In this contribution, I aim to take the discussion of Taiwan’s legal status forward in response to Wu and Lin’s outright rejection of the Resolution’s bearing on the Taiwan question, by drawing attention to the complexity of the context in which the Resolution was adopted. Continue reading >>
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14 April 2023
Taiwan and the Myth of UN General Assembly Resolution 2758
At the United Nations (UN) press briefing by the Office of the Spokesperson for the Secretary-General on 27 March 2023, critical and long-overdue questions resurfaced. With the Secretary General portrayed as a champion for democratic values, why has the UN shut the door on Taiwan, the most democratic country in Asia? Why are citizens of Taiwan not even allowed to enter the premises of the United Nations? Questions as such touch upon the scope and application of UN General Assembly Resolution 2758, and the implications of China’s persistent strategy to inflate and distort it. Continue reading >>02 November 2022
Foreign Agents, Diplomatic Skirmishes and the Law on Diplomatic and Consular Relations
In September 2022, the Madrid-based NGO ‘Safeguard Defenders’ published a report entitled ‘110 Overseas – Chinese Transnational Policing Gone Wild’, in which it documented the existence of at least 54 extraterritorial and undeclared Chinese police stations in more than 30 countries, many of them European Union Member States, such as Germany, Ireland, or the Netherlands. These police facilities, operated under the guise of ‘service centres’ supposedly providing diplomatic and consular services such as extending driving licences for Chinese nationals, have hence been located in cities such as Dublin, Rotterdam, Amsterdam, and Frankfurt. Continue reading >>18 October 2022
Is Taiwan a State?
Taiwan just celebrated its national day on 10 October 2022. In her speech, President Tsai Ing-wen traced the Republic of China’s resettling in Taiwan in 1949, to its democratization in the 1980s and 1990s, the latter of which transformed it into the Republic of China (Taiwan). Tsai also cautioned the People’s Republic of Chinas (the PRC) “attempts to erase the sovereignty of the Republic of China (Taiwan) have threatened the status quo of peace and stability in the Taiwan Strait and the region.” In contrast, in its “White Paper on Taiwan Question and the Unification of China in a New Era,” the PRC reiterated its longstanding position that Taiwan is an inalienable part of China, and cited United Nations (UN) Resolution 2758 to advance its so-called “One China Principle” internationally. Continue reading >>
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21 September 2022
Mobilisation
Putin’s speech did not explicitly mention concrete plans to annex Ukrainian occupied territories, but Putin did announce a quick “recognition” of the fake “referenda” on joining Russia in Donetsk, Luhansk, Kherson and Zaporizhzhia oblasts, scheduled in just a few days. In terms of international law, planned annexations will change nothing. States are under international legal obligation not to recognise any territorial changes declared by Russia. Any territorial concessions imposed on Ukraine under nuclear blackmail would also be legally null and void. Putin’s desperate attempt to change the game is unlikely to influence the resilience of Ukraine and its allies. Continue reading >>
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14 August 2022
Proactive International Law
In this blog post we challenge the reactive nature of international law, a discipline that has largely developed in response to specific crises and incidents, such as wars, pandemics, mass migrations, economic breakdowns, or technological advancements. While we acknowledge that the reactive paradigm of international law has facilitated adoption of pragmatic solutions to the concrete problems encountered and offered international law a path by which to direct its development, this approach, we contend, has led international law to be backward-looking, short-sighted, and ill-prepared to address newly emerging global threats and advances. Continue reading >>
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