25 March 2022
The Council of Europe’s Sharp Turn
The Council of Europe (CoE) responded promptly to Russia’s act of aggression against Ukraine first by suspending Russia’s representation rights on 25 February 2022, and then by expelling it on 16 March 2022 in accordance with Article 8 of the Statute. The Committee of Ministers used the Article 8 procedure for the first time in the history of the CoE. This might have crucial implications for the broader CoE context and could make the threat of suspension and expulsion more credible for other member states as well. Continue reading >>
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25 March 2022
The Dangers of Freezing and Seizing
The Polish government argues that the only way to effectively seize the assets of Russian oligarchs is to amend the Polish Constitution, since it is currently impossible to do so without obtaining a final judgment of a court of law. Although the official goal may seem to coincide with the actions undertaken by the EU Council, the measures planned by the Polish governing powers should not be accepted without a second glance at their possible legal dangers. Continue reading >>
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23 March 2022
How Canada Capitalizes on Ukrainian Refugees
For those fleeing the war in Ukraine, Canada launched a new temporary residence pathway, the Canada-Ukraine Authorization for Emergency Travel (CUAET) program on March 17, 2022. Offered in conjunction with a special family reunification program, CUAET is open to an unlimited number of Ukrainians regardless of their existing ties to Canada. While seemingly an open and benevolent gesture, Ukrainians are welcomed inside the Canadian nation not as humanitarian subjects but primarily as workers to potentially contribute to the Canadian economy. Continue reading >>23 March 2022
Unmatched Levels of Sanctions Coordination
In early 2022, the European Union (EU) was quick and decisive in imposing an unprecedented set of measures against Russia. Among other things, the EU targeted the Russian Central Bank, which is an extraordinary move, given that central banks are rarely on sanctions lists. Reconciling the interests of 27 Member States is an art itself, especially in a highly sensitive policy area which continues to be dominated by individual Member State interests. Overall, the swiftness of EU measures went beyond most of our expectations. Continue reading >>
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23 March 2022
Legal Safeguards for the Volunteers of Ukraine’s Cyber Militia
What is the legal status of foreigners who enlist in Ukraine’s volunteer cyber militia? The Putin regime’s brutal invasion of Ukraine means that getting clarity on this question is a matter of urgency. However, more broadly, this is a question that will remain important for future conflicts if we do not properly engage with it now. Continue reading >>
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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 >>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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