EJIL: The Podcast! aims to provide in-depth, expert and accessible discussion of international law issues in contemporary international and national affairs.
It features the Editors of the European Journal of International Law and of its blog, EJIL: Talk!
The podcast is produced by the European Journal of Law with support from staff at the Blavatnik School of Government, University of Oxford.
Episode 16: Disputing Archives
In the third episode of ‘Reckonings with Europe: Pasts and Present’, James Lowry and Meredith Terretta take up the object of archives: how law conceptualizes the archives of states; the ‘displaced’, ‘disputed’ or ‘migrated’ archives left when empires and states are reconstituted; and what state archives can and cannot tell us.
Episode 15: Now or Never, Or Maybe Later: The Use of Force to Recover an Occupied Territory
This episode accompanies the launching of a new rubric in the European Journal of International Law – Legal/Illegal. The first installment of Legal/Illegal, which appears in issue 32(4), focuses on the question whether the use of force by a state to recover a territory that has been occupied for many years may be considered a lawful act of self-defence. In the Podcast, Michal Saliternik interviews the authors of this section: Tom Ruys and Felipe Rodriguez Silvestre on the illegal side, and Dapo Akande and Antonios Tzanakopoulos on the legal side. Beginning with the second Nagorno-Karabakh war, passing through the conflicts over the Falkland Islands, the Golan Heights, Northern Cyprus, and the Chagos Islands, and concluding with the Russian occupation of Ukrainian territories, they discuss the compatibility of forcible recovery of an occupied territory with the self-defence immediacy and necessity requirements as well as with the obligation to settle territorial disputes through peaceful means. They also discuss questions of justice and fairness, both towards the conflicting states and towards the inhabitants of the occupied territory.
Episode 14: From Russia With War
In this episode Dapo Akande, Marko Milanovic and Philippa Webb, joined by Rebecca Barber and Mike Becker, examine various aspects of Russia’s war on Ukraine. The discussion begins with an evaluation of Russia’s legal justification for invading Ukraine, moving to an analysis of the responses to Russia’s aggression by the UN General Assembly and the Security Council. We then turn to the proceedings brought by Ukraine against Russia before the International Court of Justice pursuant to the Genocide Convention, the investigation initiated by the Prosecutor of the International Criminal Court, the commission of inquiry created by the Human Rights Council, and the pros and cons of an initiative to set up a Special Tribunal for the Crime of Aggression.
Episode 13: Loot!
In this second instalment of the 'Reckonings with Europe: Pasts and Present' series, Evelien Campfens, Chika Okeke-Agulu and Dan Hicks reflect on calls for return of cultural artefacts looted under European empire. How does (international) law respond to these calls? Does law even matter—and if so which kind? Who resists return, and why? And what might return mean today?
Select texts and reports discussed:
Felwine Sarr and Bénédicte Savoy, http://restitutionreport2018.com/sarr_savoy_en.pdf ('The Restitution of African Cultural Heritage. Toward a New Relational Ethics)' (http://restitutionreport2018.com/sarr_savoy_fr.pdf (French) original) (2018)
Association of Art Museum Directors, https://archive.org/details/cmapr4492 ('Declaration on the Importance and Value of Universal Museums)' (2002)
Dan Hicks, https://www.plutobooks.com/9780745346229/the-brutish-museums/ (The Brutish Museum: The Benin Bronzes, Colonial Violence and Cultural Restitution) (2020)
Evelien Campfens, https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.boomdenhaag.nl%2Fisbn%2F9789462362505anddata=04%7C01%7Cmegan.donaldson%40ucl.ac.uk%7C920978c9d4bd4a5f974c08d9bec611c7%7C1faf88fea9984c5b93c9210a11d9a5c2%7C0%7C0%7C637750580193019621%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000andsdata=tLukEnxFm97mJd9sFSvw9LQIHsrhCsnjt6TMYjnqKjw%3Dandreserved=0 (https://www.boomdenhaag.nl/isbn/9789462362505) (Cross-Border Claims to Cultural Heritage: Property or Heritage?) (2021)
Episode 12: No Licence to Kill
In this episode Dapo Akande, Marko Milanovic and Philippa Webb discuss the legal issues that arise from targeted killings conducted by states outside their territory. They begin with a discussion of the recent blockbuster judgment of the European Court of Human Rights in the case concerning the killing in London in 2006 of the Russian dissident Alexander Litvinenko. They talk about how the Court dealt with the attribution of the killing to Russia and then explore the extraterritorial application of human rights treaties obligations - a question on which many courts and treaty bodies have given inconsistent answers. The podcast then moves on to the legal issues that would arise if the courts of the territorial state were to seek to exercise jurisdiction over the individuals accused of committing the killing or over the state that sent them. Would those individuals be entitled to the immunity from foreign criminal jurisdiction which those who act on behalf of a state are normally entitled to? If not, why not and how does the ongoing work of International Law Commission on immunity deal with this issue?
Episode 11: The Limelight on ESIL!
In this episode of the podcast, Joseph Weiler is joined by Helene Ruiz-Fabri, Photini Pazartzis and Marko Milanovic, to discuss the EJIL’s sister institution, the European Society of International Law (ESIL) – its foundation, mission, governance, and plans for the future, including the forthcoming annual conference in Stockholm.