Marko Milanovic’s article revisits the customary prohibition on intervention, which requires states to refrain from interfering in the affairs of other states. Milanovic introduces two models of coercion: coercion-as-extortion, which involves the threat or infliction of harm to obtain concessions from a victim state, and coercion-as-control, which involves actions that impede a victim state’s decision-making capabilities. Milanovic argues that distinguishing between these models is crucial for understanding the concept of coercion and urges states to clarify the non-intervention rule.
In their post, Victor Crochet and Weihuan Zhou analyze investment screening in the EU. They argue that gaps in the EU’s screening mechanisms have led to the emergence of “sovereign white knights,” where governments step in to prevent foreign acquisitions of domestic corporations. While this strategy provides defense against foreign threats, it deviates from free market principles, increases uncertainties for businesses, and poses unexplored implications under international investment law.
Michael Schmitt explores Ireland’s policy paper on international law in cyberspace, covering topics such as sovereignty, non-intervention, due diligence, state responsibility, use of force, self-defense, international humanitarian law, and international human rights law. Schmitt commends Ireland for addressing these issues with greater granularity and sophistication and encourages other states to follow suit.
Sylvain Keller contributes to the debate on the repatriation of ISIS foreign fighters from Syria by examining Kosovo’s comprehensive repatriation project. Keller argues that Kosovo’s model presents a potentially more effective approach to administering justice and highlights the country’s recognition of security risks posed by the absence of repatriation.
Hilde Woker offers reflections on the ICJ judgment on the delimitation of the continental shelf between Nicaragua and Colombia. The Court determined that a state’s entitlement to a continental shelf beyond 200 nautical miles may not extend within 200 nautical miles of another state’s baselines. Woker raises questions about the implications of this conclusion on grey areas, a coastal state’s delineation process, and the concept of a “single continental shelf.”
Loqman Radpey provides an overview of Kurdistan’s quest for self-determination, concluding that achieving outright Kurdish statehood comprising all four segments is not presently warranted. Instead, separate chances for each segment to achieve statehood are more likely, potentially leading to a United States of Kurdistan in the future.
Faraz Shahlaei examines Caster Semenya’s case against World Athletics’ regulations requiring intersex persons to undergo hormonal treatments to lower testosterone levels. Shahlaei analyzes the clash between legal cultures and discusses the potential for the European Court of Human Rights to re-examine the case.
Yiokasti Mouratidi explores the application of the Paris Agreement to greenhouse gas emissions from occupied territories, focusing on Ukraine, Georgia, and Russia. Mouratidi identifies relevant international law principles and highlights the conservationist principle and the occupying power’s own obligations under the Paris Agreement as potential means of addressing this challenge.
Javier García Olmedo provides an overview of cases involving dual nationals in international investment law and highlights the inconsistent decisions in this emerging field. Olmedo concludes that individuals are adopting strategies used by corporations and that states have the ability to curb such claims if desired.
Danilo B. Garrido Alves examines the ICJ’s decision to authorize the International Union for Conservation of Nature’s participation in the proceedings on the Advisory Opinion on the Obligations of States in respect of Climate Change. Garrido Alves suggests that this decision could expand the concept of international organizations under international law.
Andrea Maria Pelliconi explores the Italian Constitutional Court’s decision on state immunity and its potential impact on the proceeding between Germany and Italy.
