Articles for category: Regionen

The Legality of the Occupation and the Problem of Double Effect

The conflict between Israel and Palestine, or more accurately, between the two Peoples, has persisted for over a century. A tragic reminder of the unbearable costs of this conflict is the deadly October 7 attack by Hamas on Israel, and the ensuing war, which has led to horrific consequences, with thousands of Israelis and Palestinians killed, many severely injured, and extensive damage to the civilian infrastructure in the Gaza Strip. In these circumstances, an important question arises: what role should international law and international tribunals play in mitigating the grave harm to all those involved in the conflict?

10. Oktober 2024

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Resurrected Colonial Courts and the Decolonization of the Chagos Archipelago

This post tells the fascinating story of two recent and remarkable developments in the decolonization of the Chagos Archipelago. Last week, the governments of Mauritius and the UK issued a surprise joint statement that the two countries had reached a ‘historical political agreement’ on the exercise of sovereignty over the Chagos Archipelago. Running in counterpoint to the international plane, a once inactive colonial judiciary established as an administrative pretence has recently begun to hear cases, and in doing so set the administration of justice in conflict with the US military.

9. Oktober 2024

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The principle of uti possidetis juris and the borders of Israel

The principle uti possidetis juris, raised in the Dissenting Opinion of Vice-President Sebutinde and according to which a new State established in formerly colonial territory inherits the former (colonial) borders is untenable in the situation of Israel. The reason is that at the time of independence Israel’s leaders accepted the principle of partition. No claim was made then or subsequently that the State of Israel inherited the borders of Mandatory Palestine and legislative acts reveal that Israel even regarded territories not within the UN Partition Plan borders as occupied territory.

9. Oktober 2024

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The 2024 ICJ Advisory Opinion on the Occupied Palestinian Territory – An Introduction

The Advisory Opinion of the International Court of Justice (ICJ) on the "Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem" was a groundbreaking moment in international law. It has consequences not only for Israel, but also for third States, as well as international and regional organizations, in terms of non-recognition and non-cooperation. In this blog symposium, Palestinian, Israeli, and other scholars take stock of the Advisory Opinion and its regional and global impact.

9. Oktober 2024

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Dismissing the Genuine Link by Disregarding Constitutional Principles

The struggle over the Maltese investment citizenship scheme is probably one of the fiercest debates of EU constitutional law. The conflict revolves around the question of whether EU law contains requirements for the acquisition of Union citizenship and whether these requirements consist in a “genuine link” between the respective state and individual. The recent Opinion by AG Collins provides us with an extremely narrow and astonishingly one-sided view. In particular, he seeks to make us believe that there are no sound ways to anchor a genuine link requirement in EU law. Martijn van den Brink finds it “hard to disagree with the Advocate General”. Respectfully, I disagree.

9. Oktober 2024

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Fanfictioning Critical Theory

To redeem its commitment to an ‘emancipatory critique’, LPE would do good by supporting itself with a theory of science, or at least an epistemic program. While the critical tradition has raised powerful normative desires, it first and foremost stands for an alternative model of scientific reasoning. LPE, as will be shown, updates much of critical theory’s historical normative claims. Yet, at least from my readings, it appears to be missing out on a theory of science.

9. Oktober 2024

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Every Fake You Make

In Asia, the war on fake news is reaching the next level. Several countries tightened regulatory demands over the past few years and introduced criminal liability for users and platforms publishing false content online. The laws effectively contribute to making the truth: Anything that is not aligned with the legal standards of what is considered true may be found unlawful. This blog post scrutinizes new legislation in South Korea and Singapore. Both jurisdictions are criminalizing deepfakes per se during election periods. The post situates these laws in the broader context of legal efforts to tighten controls of digital communication in Asia and beyond.

9. Oktober 2024

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