Latest blog articles
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On 14 and 15 November 2022, UM’s Faculty of Law held the “Logic of International Law Conference.” Henrique Marcos (UM & São Paulo Univ.) and Antonia Waltermann (UM) organised the conference under the auspices of the Globalization and Law Network (GLaw-Net) and the International Law Discussion Group...
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About a year ago, this blog published my contribution “Let us not forget about EU fundamental rights,” which addressed the situation at the EU’s external borders. At the time, the decision of the ECtHR in the case of N.D and N.T v. Spain, was heavily criticised for failing to protect the right to...
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Human rights violations continue to be a major issue at the EU’s external borders and pushbacks have been reported in several EU Member States. Most recently, the spotlight has been on Spain’s long-standing practice of pushbacks at the border of Melilla, as the ECtHR handed down its long-awaited...
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Sovereignty is invoked in many discussions today, from Brexit to Catalan independence, but it is rarely clear what, exactly, those who invoke sovereignty mean by it. For the purposes of understanding, analyzing, and understanding legal phenomena, however, a more precise understanding is necessary.
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What does sovereignty mean in today’s world, given trends of globalisation, Europeanisation and also polarisation?
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This post will focus on the Article 34(1) ICJ Statute requirement that ‘[o]nly states may be parties in cases before the Court’.
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On 10 October 2017, Catalonia issued and then immediately suspended its declaration of independence, and urged Spain to negotiate. Spain does not want to negotiate.
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The wishes of the Spanish government and those of the Catalan people are diametrically opposed: 90% of voters in the referendum were for independence - but keep in mind also that only about half of the Catalan people voted.
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From illegal but legitimate to legal because it is legitimate? This post argues that, analogous to the concept of defences in municipal legal systems, international law on the use of force should adopt a systematic distinction between justifications and excuses.
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Do the people still have power? Some might feel forgotten and turn to populism promising to give the country back to them. But popular sovereignty is not dead.