Author Archive

The conflict in Ukraine and the hurdles of collective action

1. Introduction Several months after the launching of the Russian ‘special military operation’ of 24 February 2022[1] and the ensuing devastation in Ukraine, it is still hard to grasp what collective action can be organized within the international community to stop the conflict and restore international peace and security. The idea of a ‘collective’ reaction...

The future of the Articles on State Responsibility: A matter of form or of substance?

1. Introduction If one took a cursory look at the comments made by States on the Articles on the responsibility of States for internationally wrongful acts (ARSIWA or ‘the Articles’) adopted in 2001 by the UN International Law Commission (ILC),[1] one could hardly be surprised by the number of general statements underscoring the critical importance...

Some thoughts in the aftermath of Security Council Resolution 2532 (2020) on Covid-19

1. Introduction On the 1st July 2020 the UN Security Council (SC) adopted, under the special voting procedure arranged for the extraordinary circumstances caused by the coronavirus disease 2019 (Covid-19) pandemic,[1] Resolution 2532 (2020), which is intended to deal with the impact of the pandemic on peace and security.[2] This ‘long overdue resolution’[3] was the...

The relocation of the US embassy to Jerusalem and the obligation of non-recognition in international law

by Maurizio Arcari 1. Introduction  On 14 May 2018, on the day the 70th anniversary of the establishment of the State of Israel was celebrated, the new United States (US) embassy to Israel in Jerusalem was solemnly inaugurated.[1] This event followed the Proclamation issued on 6 December 2017 by the US President Donald Trump who,...

Forgetting Article 103 of the UN Charter? Some perplexities on ‘equivalent protection’ after Al-Dulimi

1. Introduction While approaching the question from different perspectives, both the papers of Maura Marchegiani and Luigi Palombella converge in praising the judgment rendered by the second section of the European Court of Human Rights (ECtHR) in the Al-Dulimi case.[1] Their assessment is of course justified, if not only for the basic fact that the...