Articles for category: English Articles

Criminalising Boycott Calls

Can a call for boycott ever amount to hate speech? In an era of deepening political divides, the question is increasingly influenced by geopolitics rather than human rights law: The Turkish government's criminalization of boycott calls in response to protests against political repression highlights the dangers of weaponizing hate speech laws, echoing a global double standard that undermines the universal application of human rights protections.

All This for »Primacy«?

There is hardly any clearer picture of the “tragic” pitfall in which the EU languishes than the last evolutions of the rule of law’s saga, the most recent of which is the C-448/23 case pending before the ECJ. The AG’s Opinion delivered on March 11th shows signs of the decline the EU suffers for the multiple crises occurred and for its reluctance to tackle politically, and open-mindedly, the manifold interrogatives that follow.

Elisabeth Mann Borgese

In public international law circles, especially those indulging in the law of the sea, Elisabeth Mann Borgese, the youngest daughter born to German Nobel Prize-winning novelist Thomas Mann in 1918, is perhaps best known for her pioneering work on the United Nations Convention on the Law of the Sea. Her convictions and contributions to the UNCLOS focused on social justice, equitable access to resources, and environmental protection. By offering a glimpse into her contributions to the UNCLOS, this post highlights how Elisabeth Mann Borgese’s ideology – influenced in part by her cautious feminist beliefs – permeates her legacy.

Popular Struggle for Democracy in Indonesia

In Indonesia, newly elected President Prabowo Subianto is facing nationwide protests against his democracy-eroding policies. As institutional checks and balances are gradually being dismantled from within and the executive continues to accumulate power, the “Dark Indonesia” protest movement highlights the importance of a critical civil society in safeguarding a country’s democracy.

The EU Free Market Does Not Extend to Citizenship

In the landmark Commission v Malta judgment of 29 April 2025, the European Union Court of Justice outlawed the “commercialisation” of EU citizenship, closing a door for corrupt actors. The Grand Chamber judgment not only bars the Maltese practice at issue, but also casts doubt on the legality of citizenship grants under that and similar schemes, while raising legal arguments for would-be citizens to challenge discriminatory laws.

The Legal Authority (or Lack Thereof) for Trump’s Tariffs

The Trump tariffs have increased the average weighted U.S. tariff to 23% – a ten-fold increase from a year ago. Outside observers have been puzzled about how one person, even the U.S. president, has the power to single-handedly enact such sweeping changes to the U.S. and global economy. In fact, President Trump may not – and in my view, does not – have the power to impose most of his tariffs.

The (TikTok) Ban Is Dead, Long Live the Ban

In 2024, amidst social unrest, the French government banned TikTok in Kanaky-New Caledonia. In April 2025, the Council of State reviewed the ban. This post examines the implications of the judgment through the lens of the legal doctrine on emergency powers – particularly its impact on the separation of powers – and situates it within the broader context of Kanaky-New Caledonia’s ongoing decolonization process from France.

(de) la Tour fait le cavalier

On 3 April 2025, AG de la Tour handed down his Opinion in C-713/23, Wojewoda Mazowiecki, a case concerning the recognition and transcription of same-sex marriage contracted in another Member State between two nationals of the State where recognition was sought. The Opinion states that Member States where same-sex marriage is not permitted must recognise a family bond lawfully established in another Member State. Yet, akin to a knight’s leap in chess, the Opinion sidestepped the question of marriage transcription with a reasoning that does not seem entirely convincing.

Balancing Intellectual Property Protection with the Human Right to a Healthy Environment

This contribution examines the practical ways in which the human right to a healthy environment (HR2HE) can influence the development and interpretation of intellectual property (IP) laws. It focuses on two potential approaches to reconciling this human right with IP: (1) the so-called “internal” reconciliation approach, which essentially uses the HR2HE as an interpretive tool to recalibrate IP law’s own internal rules and mechanisms in a more sustainability-friendly direction, and (2) the “external” reconciliation approach, which views the HR2HE as an independent defence against IP infringement actions that can be invoked in courts to challenge allegations of IP infringement.