28 November 2022
Inequality of Harms, Inequality of Arms
On November 8th 2022 Channa Samkalden, lawyer for Esther Kiobel and three other widows of executed Nigerian community leaders, announced that her clients would be ending their lawsuit against Shell. Uncertainty about the outcome, combined with the fact that the case had already been (unsuccessfully) going on for over 20 years in multiple fora, had made the four widows decide to withdraw the appeal, “not without disappointment and frustration”. In this blog, I discuss this case's remarkable procedural history and why it, set against the particular facts of the case, illustrates the fundamental procedural unfairness between large corporations and victims trying to hold them to account. Continue reading >>
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05 October 2022
Penning a New Narrative of Turkey as a Military Nation
Amid heated discussions over the upcoming elections, one of the largest set of prosecutions in the history of the Turkish Republic has been completed this year. In the aftermath of the military coup of July 15, 2016, which claimed the lives of 250 people in a single night and triggered a state of emergency rule that endured two years, over 100.000 investigations had been carried out and 289 trials were opened against the perpetrators. As of May 2022, all 289 cases are concluded in the courts of first instance. The courts proved to be a constitute element of this new constellation of powers in the post-2016 era, re-adjusting the narrative of Turkey as a military nation. Continue reading >>
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22 September 2022
Whispers of Change
Until recently, a debate on Mexico’s Supreme Court's power to scrutinize the constitutionality of constitutional provisions seemed largely distant. But for the first time in its history, the Supreme Court discussed a draft opinion of one of its members calling for the inapplicability of Article 19 of the Mexican Constitution, which provides the so-called mandatory preventive imprisonment as an automatic measure when investigating specific felonies. With the future of Mexican constitutionalism pending from this decision, the stakes are as high as they have ever been. Continue reading >>
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12 September 2022
A Seismic Shift
On 1 September 2022, the Eastern Cape High Court handed down its eagerly anticipated judgment in the case of Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (the Shell case). The judgment had the effect of setting aside an exploration right that would have enabled Shell to conduct seismic surveys off South Africa’s coastline, in its search for oil and gas reserves. The judgment has been hailed by social and environmental justice activists alike. Although the case was decided more narrowly on administrative law principles, I argue that the judgment holds greater significance in that it highlights the importance of civil society activism and the crucial role of the judiciary in upholding constitutionally protected social and environmental rights. Continue reading >>30 August 2017
One Law, Two Justices
Poland’s rule of law crisis stems from the conviction that respect for institutions and the requirement to observe procedures are for the weak. The greatest risk arising from the crisis is that the recent disregard for both institutions and procedures will become a norm for future governments, whatever their political orientation. Continue reading >>
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