The 2024 ICJ Advisory Opinion on the Occupied Palestinian Territory
WEB9 hours ago · Maryam Jamshidi analyses the possibility of unseating the Israeli Government from the UN General Assembly in case of non-compliance with the Advisory Opinion of 19 July 2024. She argues that the AdvOp provides a particularly strong legal basis – grounded primarily in the right to self-determination – to unseat Israel’s government from the ...
Concise, Clear, and Convincing – Verfassungsblog
WEB12 hours ago · While the rhetorical battle over citizenship by investment has been won by the EU institutions, its legal success is still up for debate. Last week Advocate General Collins delivered his much-anticipated Opinion in Commission v Malta, proposing that the Court dismisses the Commission’s challenge in a concise, clear, and, as I will explain, convincing legal opinion.
The 2024 ICJ Advisory Opinion on the Occupied Palestinian Territory
WEB9 hours ago · 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. 09 October 2024.
Dismissing the Genuine Link by Disregarding Constitutional …
WEB11 hours ago · 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 ...
The principle of uti possidetis juris and the borders of Israel
WEB8 hours ago · 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 …
Constitutionalizing the political economy? – Verfassungsblog
WEB2 days ago · Weimar’s political economic constitutionalism. Key elements of section 5 of the WRV have already been mentioned: an economic order that protects human dignity and labor as a constitutional value. One should add: the democratization of companies and the vision of a “Gemeinwirtschaft” (Art. 156 WRV). If we focus on the structure of section ...
Ultra Vires Control and European Democracy – Verfassungsblog
WEBMay 5, 2020 · Ultra vires control ensures that the Member State pillar of European democracy remains in place. Ultra vires control is a control of legitimacy. It checks whether the Union’s actions in individual cases are grounded in the democratic will of the Member States and thus in the individual citizens of the Union.
Taiwan and the Myth of UN General Assembly Resolution 2758
WEBApr 14, 2023 · Once and for all, Resolution 2758 resolved, politically, legally and procedurally, the issue of the representation of the whole of China, including Taiwan, in the United Nations and international institutions. It completely blocked any attempt by anyone or any country to create “two Chinas” or “one China, one Taiwan.”.
Introduction: Constitutional Resilience and the German …
WEBDec 6, 2018 · The results will be published in an online symposium on Verfassungsblog over the next days: MATTIAS KUMM and CHRISTOPH GRABENWARTER sharpen the contours of the concept of constitutional resilience. GÁBOR ATTILA TÓTH and SUSAN ROSE ACKERMAN illuminate the relation of rules and traditions/conventions in terms of constitutional resilience.
Taking European Judgments Seriously – Verfassungsblog
WEBJan 24, 2022 · The ECtHR became a cornerstone of Europe’s efforts to protect human rights, democracy and the rule of law, leading to a huge variety of positive reforms. However, in the 21 st Century a serious problem developed: the non-implementation of ECtHR judgment s. Of the “leading” ECtHR judgments …