Articles for category: English Articles

The Reform of the EU Fiscal Rules

The reform of European economic governance has been in the air for quite some time, but it was not until 2023 that the Commission put forward the most substantial development since the Maastricht Treaty. In April 2024, the European Parliament, along with the Council, approved all three legislative proposals. These measures strengthen European economic security by protecting the sustainability of the Union's debt. Without examining the legislations’ details, this blog post reveals a propensity within EU economic governance towards neo-protectionism of the EU’s financial interests.

6. Mai 2024

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The Battle for Immunity

The International Law Commission is preparing to continue discussions on Draft Articles on the Immunity of State Officials from foreign criminal jurisdiction at its forthcoming 75th summer session. This article focuses on two issues: the scope of immunity and its exceptions. These issues, which are widely discussed internationally, are far from being resolved. In this state of flux, a common ground is needed to move forward, which I try to outline in this blog post.

4. Mai 2024

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Why Europe Needs a Harmonised Access to Information Act

May the 3rd marks press freedom day around the world. Today, many articles and editorials will be published across Europe, highlighting the need to put an end to threats faced by journalists in Member States. While all these pan-European threats certainly need to be tackled, one fundamental pan-European crisis faced by journalists across the continent remains widely ignored: the difficulties to access information held by public authorities and the disparities among Member States when requesting data. This article aims to review the current situation of the right to request information from public bodies in EU Member States and offers a proposal that opens the door to discussing the possibility of harmonising such a right through the internal market competence.

3. Mai 2024

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The UK Parliament, the UK-Rwanda Agreement and the CPTPP

On April 1, 2024, the Ponsonby Rule, the constitutional convention that set the standard for Parliament’s role in how the UK makes treaties, turned 100. But the procedure for Parliament’s involvement in treaty-making is no longer fit for purpose. As the UK-Rwanda and CPTPPP Agreements show, the UK Parliament’s role in treaty-making must be reformed. In particular, the House of Commons must obtain the power to have a formal vote on international agreements before they can become binding on the UK.

3. Mai 2024

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China’s Memory Laws

The study of ‘memory laws’ has seen a spectacular rise in recent years as governments worldwide are reverting to formal legislation to shape and secure their preferred historical discourses and outlaw narratives subverting these. Despite the increasingly global nature of this phenomenon, this budding scholarly genre has remained largely preoccupied with developments in Europe. Until very recently, Chinese memory laws have been overlooked in these discussions. It is time to start paying attention to them.

2. Mai 2024

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Why the Provisional Measures Order in Nicaragua v. Germany severely limits Germany’s ability to transfer arms to Israel

In an application before the International Court of Justice brought by Nicaragua against Germany, Nicaragua requested that the ICJ indicate provisional measures as a matter of extreme urgency with respect to Germany’s ‘participation in the ongoing plausible genocide and serious breaches of international humanitarian law and other peremptory norms of general international law occurring in the Gaza Strip’. While Nicaragua did not get any of the provisional measures requested, the request for provisional measures may nevertheless have achieved its aim of preventing Germany from providing arms to Israel for use in the Gaza Strip.

2. Mai 2024

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Ten Commandments to Stifle Academic Freedom

Since 2010, the beginning of the populist takeover and the authoritarian transition, Hungary has gathered a lot of experience on how to dismantle academic freedom. This knowledge can be useful for other autocrats as well. But even if we don’t want to give them tips on how to repeat what happened and is happening in this country, it might still be worth reconstructing how it all took place. This can be especially useful for calculating what to expect from autocrats and preparing how to defend against them.

2. Mai 2024

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Nicaragua Comes Up Empty

On 30 April 2024, the International Court of Justice (ICJ) rejected a request by Nicaragua for the indication of provisional measures in connection with claims relating to Germany’s support for Israel in the ongoing Gaza conflict. In a terse, sparsely-reasoned decision, the Court decided 15-1 that the circumstances were ‘not such as to require the exercise of its power under Article 41 of the Statute to indicate provisional measures’. While this outcome was not necessarily surprising to those who had followed the proceedings, the Court’s approach—in which it declined to address the usual requirements for the indication of provisional measures—was unusual.

1. Mai 2024

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