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Is ‘prolonged occupation’ still ‘military occupation’ governed by IHL?
Article 42 of the Hague Regulations (HR), annexed to the 1907 Hague Convention IV, provides that a territory is considered occupied ‘when it is actually…
From the Right to be Consulted to the Right to No Contact: The Inter-American Court Faces Its First Case on Indigenous Peoples in Voluntary Isolation
Yesterday, the Inter-American Court of Human Rights published a landmark ruling in the case of Pueblos Indígenas Tagaeri y Taromenane v. Ecuador,…
Greenland and Territorial Acquisition under International Law
The United States and Denmark have been embroiled in political tensions over President Donald Trump’s desire to acquire Greenland, possibly even by force. The Prime…
The Legal Debate Surrounding Greenland and Denmark: Unpacking Donald Trump’s Statements
On January 8, 2025, U.S. President-elect Donald Trump questioned Denmark’s legal rights to Greenland, stating, “people don’t really know if Denmark has any legal rights to [Greenland].”…
Continuity of Statehood for Deterritorialized Nations: A Range of Principles but Few Concrete Prospects
As the public hearings on the request for an advisory opinion on the Obligations of States in respect of Climate Change drew to a close on…
Joined Cases C-779/21 P, Commission v Front Polisario and C-799/21 P, Council v Front Polisario: The Unresolved Contest Between ‘Benefits’ and ‘Consent’
On 4 October, the Grand Chamber of the European Court of Justice upheld the General Court’s annulment of a Council Decision concluding an Amendment to the…
EJIL: The Podcast! Episode 27: Preoccupied – The ICJ’s Palestine Advisory Opinion
In this episode, Dapo Akande, Marko Milanovic and Philippa Webb are joined by Yuval Shany, and discuss the recent advisory opinion of the International Court of Justice on the…
Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm?
International law prohibits states from forcibly acquiring the territory of other states. But does this prohibition of the annexation of territory have the status of…
Will history repeat itself? Anticipating the ICJ advisory opinion on the legal status of Israel’s occupation and its consequences
The Request for Advisory Opinion On 30 December 2022 the UN General Assembly adopted Resolution A/RES/77/247, containing the annual indictment of Israeli…
The UK Supreme Court in the Scottish case: revitalising the doctrine of remedial secession
On 23 November 2022, the UK Supreme Court issued an important judgment on the question of the Scottish referendum. The judges unanimously ruled that the Scottish government…
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