'La situation de l'État luxembourgeois est autre': Entretien avec Michel Erpelding, spécialiste de l'histoire du droit international

Article for general public (2022)

This interview presents to the broader public the relationship between international law and colonial law, as well as the question of the responsibility of former colonial powers and states (such as ... [more ▼]

This interview presents to the broader public the relationship between international law and colonial law, as well as the question of the responsibility of former colonial powers and states (such as Luxembourg) that assisted these powers for colonial crimes. [less ▲]

Transatlantic Chattel Slavery, 1815–1888

in Lovall, Erin; Stefanelli, Justine (Eds.) Reparations Under International Law for Enslavement of African Persons in the Americas and the Caribbean: Proceedings of the Symposium, May 20–21, 2021 (2022, July 06)

This paper addresses the question of the legality and illegality of slavery-related practices during the 19th century under Western international law.

Juristes internationalistes, juristes mixtes, Euro-Lawyers : l’apport de l’expérience semi-coloniale à l’émergence d’un droit supranational

in Clio @ Themis (2022), 22

This paper explores the partly colonial origins of European integration law. It first notes that internationally composed and treaty-based courts with jurisdiction over individual treaty-based rights ... [more ▼]

This paper explores the partly colonial origins of European integration law. It first notes that internationally composed and treaty-based courts with jurisdiction over individual treaty-based rights existed well before the end of WWII, notably in semi-colonial settings. It then addresses the individual careers of several jurists who circulated between Europe and countries subjected to semi-colonial domination. These careers confirm the existence of a range of continuities between international law, the mixed law applied in these countries, and post-WWII European law. [less ▲]

Manchmal das Recht brechen: Was bedeutet es, wenn ein ständiges Mitglied des UN-Sicherheitsrats wie Russland einem Nachbarland die Staatlichkeit abspricht und dort einmarschiert? Gespräch mit dem Völkerrechtler Michel Erpelding

Article for general public (2022)

The main purpose of this interview was to explain to the broader public in Luxembourg: 1. the legal implications of the Russian-backed secessions of Crimea (later annexed by Russia) and the Donetsk and ... [more ▼]

The main purpose of this interview was to explain to the broader public in Luxembourg: 1. the legal implications of the Russian-backed secessions of Crimea (later annexed by Russia) and the Donetsk and Luhansk regions in Ukraine, as well as Russia's full-scale aggression against Ukraine on 24th February 2022; 2. the historical context that explains how the post-WWII international order balances the principle of national self-determination with the principles of sovereign equality and territorial integrity of states. Its second purpose was to raise awareness about: 1. the need for Luxembourg and the EU to show coherence when reacting to wars of aggression and annexations, which constitute the most egregious violation of international, regardless of which state committed the aggression and/or annexation (e.g. Russia in Ukraine, Israel on the Golan Heights inter alia, Morocco in Western Sahara); 2. the legal risks (both civil and criminal) for Luxembourg businesses that deal with goods from, or invest in, illegally occupied territories. [less ▲]

Le Congrès de Vienne et le statut international du Grand-Duché de Luxembourg : théories et réalités du droit des gens de l’Europe

in Actes de la section des sciences morales et politiques de l'Institut grand-ducal (2021), 24

This articles examines the international status of Luxembourg between 1815 and 1867 from the perspective of the international law applicable at that time and based on the relevant state practice. It ... [more ▼]

This articles examines the international status of Luxembourg between 1815 and 1867 from the perspective of the international law applicable at that time and based on the relevant state practice. It contends that - from the perspective of international law - Luxembourg emerged as a state after the evacuation of Belgian troops from its territory in 1839. [less ▲]

Le droit international relatif à l’esclavage : de la réglementation du commerce international des captifs au droit universel de ne pas être traité en esclave

in Histoire de la Justice (2021), 31(1), 203-213

This article summarizes the evolution of international legal norms regarding slavery between the 17th and 20th centuries.

Esclavage (moderne)

in Ndior, Valère (Ed.) Dictionnaire de l'actualité internationale (2021)

This short entry analyses the use of the words 'slavery' and 'modern slavery' by French-language news outlets, comparing this use to the actual evolution of the status of slavery and slavery-related ... [more ▼]

This short entry analyses the use of the words 'slavery' and 'modern slavery' by French-language news outlets, comparing this use to the actual evolution of the status of slavery and slavery-related practices in international law. [less ▲]

International Law and the European Court of Justice: The Politics of Avoiding History

in Journal of the History of International Law (2020, October 21), 22(2-3), 446-472

Using the example of the European Court of Justice (ECJ), this article addresses the lack of historical contextualization which is prevalent in most general accounts of EU law and EU institutions. It ... [more ▼]

Using the example of the European Court of Justice (ECJ), this article addresses the lack of historical contextualization which is prevalent in most general accounts of EU law and EU institutions. It argues that this narrative is the result of a tradition established by the founders of the discipline. For these early ‘Euro-lawyers’, distinguishing the practice of European institutions from earlier international institutions had important political implications. This was especially true with regard to the ECJ. By providing a selective and partly decontextualized narrative of this court and describing it as largely unprecedented in international law, early Euro-lawyers were not only able to bolster the ‘supranational’ and ‘sui generis’ character of their nascent discipline. They were also able to avoid comparisons between the ECJ and prior international courts and tribunals whose similarly wide-ranging powers and integrated nature had been considered as politically problematic. [less ▲]

Mixed Court of Tangier

in Ruiz Fabri, Helene (Ed.) Max Planck Encyclopedia of International Procedural Law (2020)

This entry provides a detailed account and assessment of the Mixed Court of Tangier (1925-1956), a mixed court of the colonial era established in the International Zone of Tangier as a replacement for ... [more ▼]

This entry provides a detailed account and assessment of the Mixed Court of Tangier (1925-1956), a mixed court of the colonial era established in the International Zone of Tangier as a replacement for consular courts. Like the better-known Mixed Courts of Egypt, the Mixed Court of Tangier had the mandate to protect the treaty-based individual rights of foreigners against any infringements by the local authorities. [less ▲]

Une conséquence méconnue du Traité de Versailles : Le régime de protection des minorités en Haute-Silésie (1922-1937)

in Castellarin, Emanuel; Hamman, Andrea (Eds.) Le Traité de Versailles : Regards franco-allemands en droit international à l’occasion du centenaire/The Versailles Treaty: French and German Perspectives in International Law on the Occasion of the Centenary (2020)

This book chapter presents and critically assesses the international regime for the protection of ethnic and religious minorities established between Germany and Poland in Upper Silesia between 1922 and ... [more ▼]

This book chapter presents and critically assesses the international regime for the protection of ethnic and religious minorities established between Germany and Poland in Upper Silesia between 1922 and 1937. [less ▲]