23 March 2022
Passportization
Putin’s alleged arguments to conduct a “special military operation” to “demilitarise and denazify” Ukraine revolve around protecting the people of the Donbas, including citizens of the Russian Federation, “facing humiliation and genocide.” One of the tools Russia used to justify its political and military engagement in the post-Soviet space has been passportization. This policy effectively created Russian citizens in the contested territories of neighbouring states in the context of protracted conflicts of secession. Just as in Georgia, passportization worked as a tool of interference with Ukrainian sovereignty. Continue reading >>
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21 March 2022
Are We in for a New Wave of Investment Arbitrations?
In response to the sanctions imposed on Russia, the country has doubled-down and announced a set of retaliatory measures affecting investors from ‘unfriendly’ countries. The scale of potential losses foreign investors face in Russia is probably the largest since the aftermath of the revolution in 1917, which saw mass nationalization and Russia’s default on the foreign debt. However, the legal landscape protecting foreign investors has significantly changed since 1918. Consequently, they have much better legal options today for redressing their financial losses. Continue reading >>21 March 2022
Take Down the Wall. And Make Russia Pay for It
EU law allows admitting Ukraine into the Union immediately. This is not only the moral imperative, it would also not require any Treaty revision and mark a return to the classical approach of the first EU accession: accession first, full taking on of the acquis later, with lengthy transitional periods. Ukraine will also require a super Marshall plan to ensure speedy reconstruction. This is doable: the seized – say confiscated – “Russian” money, a bit short of a trillion by now, will be enough, with the EU hopefully topping this amount. Continue reading >>
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21 March 2022
We Should Take the Ukrainian – Russian Negotiations Seriously
If Russia suddenly becomes serious about an agreement, drops its absurd demands of “denazification” and demilitarization, a deal may be more plausible than we now think. The Ukrainian government has sent numerous constructive signals. Governments in Europe and beyond should be prepared to respond to a sudden turn of events and be ready to offer what may be needed to get a deal done. Continue reading >>21 March 2022
Überwachen, Blocken, Delisten
Die Verordnung (EU) 2022/350 des Rates vom 1. März 2022, mit der Sanktionen betreffend Russia Today (RT) und Sputnik verhängt wurden, geht – anders als ersten Reaktionen zufolge – über ein Sendeverbot für diese Kanäle weit hinaus: Internetzugangsanbieter werden zu Websitesperren verpflichtet, und Social Media-Plattformen wird, abweichend von Art. 15 E-Commerce-Richtlinie, eine allgemeine Überwachungspflicht auferlegt Continue reading >>
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18 March 2022
Not the Time for Carrots?
Issuing ‘golden’ passports and residence permits to non-Europeans in return for investment in their national economy has always been controversial. Now with the Russian invasion of Ukraine, these deals have attracted new attention. Since Russians account for a significant share of the customers, there have been widespread calls, including from the European Parliament, for an end to this practice. Can the EU do anything about this? Continue reading >>
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18 March 2022
The Oligarchs Among Us
It is no secret that Russian oligarchs have not only been collecting fancy toys but also various golden passport, that not only have allowed them to make them feel like home in the Europe Union, but also to be a part of “us”. And since the spotlight is already shifting towards how it is that some of these Russian oligarchs are indeed “our” very own oligarchs, there will be questions of what it is that validates the legal status of nationality actually. It is an old question to be fair, but the apparent answer of the day that nationality is what any State makes of it is therefore no less unconvincing and should lead to some soul searching. Continue reading >>17 March 2022
Eine kleine Sensation aus Den Haag
Am 16. März 2022 hat der Internationale Gerichtshof in Den Haag mit 13 zu 2 Stimmen einstweilige Maßnahmen gegenüber Russland erlassen. Die Anordnung dieser einstweiligen Maßnahmen ist eine kleine Sensation, denn so offensichtlich der von Russland begangene Verstoß gegen das völkerrechtliche Gewaltverbot sein mag, so schwierig ist es, in einem solchen Fall die Zuständigkeit des IGH zu begründen. Continue reading >>
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16 March 2022
The EU as Quasi-NATO
Putin has reportedly threatened both Sweden and Finland against joining NATO, attempting to preempt a shift away from the commitment to neutrality that is deeply embedded in the Swedish political soul. It is therefore all the more interesting that Sweden and Finland have recently concluded a new strategy of enhanced security cooperation between the states. In addition, the Swedish government, together with Finland, has sent a letter to other EU Member States reminding them of their obligation to assist any EU country in case of belligerent attack. Should we interpret this as an expectation for the EU to function effectively as a quasi-NATO? Continue reading >>
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15 March 2022
Reimagining a European Constitution
At this point, it is almost trite to say that the invasion of Ukraine has thrown the world order into tailspin. Unimaginable steps have been taken by the European Union and its Member States in the weeks since the invasion. These steps have already started to have significant consequences for discussions on the future of EU constitutionalism. Arguably, the appetite and political will for change is unprecedented and could serve to unplug EU constitutionalism from its sclerotic tendencies – it must be capitalised on. Continue reading >>
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