Episode 15: Now or Never, Or Maybe Later: The Use of Force to Recover an Occupied Territory
EJIL: The Podcast!23 Mars 2022

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.

Avsnitt(40)

Episode 40: Palestinian Legal Frontiers: SC Res 2803 and beyond

Episode 40: Palestinian Legal Frontiers: SC Res 2803 and beyond

Palestine and the Palestinians are often the subjects of conversations in the news, on blogs and in judicial opinions, but not present in conversations themselves. The issues are treated episodically ...

23 Dec 202556min

Episode 39: Holding the Line

Episode 39: Holding the Line

In this episode, Philippa Webb and Marko Milanovic are joined by Nicolas Angelet and Oona Hathaway to discuss the legality of the US strikes against suspected drug boats in the Caribbean and the addit...

14 Nov 202546min

Episode 38: Non-intervention— past, present and future

Episode 38: Non-intervention— past, present and future

Nehal Bhuta & Megan DonaldsonWe see today flagrant breaches of the prohibitions on the threat or use of force, but also renewed pressure and scrutiny on a related but broader prohibition, the prohibit...

16 Okt 202550min

Episode 37: The ICJ’s Advisory Opinion on Climate Obligations: Remarkable, Radical and Robust

Episode 37: The ICJ’s Advisory Opinion on Climate Obligations: Remarkable, Radical and Robust

There were gasps in the courtroom when the ICJ delivered its advisory opinion on the obligations of States in respect of climate change on 23 July 2025. In this episode, Margaret Young (Melbourne Law ...

30 Juli 202551min

Episode 36: The Scourge of War

Episode 36: The Scourge of War

In this episode, Dapo Akande, Marko Milanovic and Philippa Webb are joined by Tom Dannenbaum to discuss two sets of issues. First, the legality of the use of force by Israel and the United States agai...

25 Juli 202559min

Episode 35: Human Mobility and International Law

Episode 35: Human Mobility and International Law

Migration has become a defining issue of our time, visibly shaping political discourse, legal systems, and public imaginaries. Yet for all its salience, international law’s capacity to respond to the ...

30 Juni 202541min

Episode 34: In the Family: Family Tropes in International Law

Episode 34: In the Family: Family Tropes in International Law

Susan Marks’ EJIL 36(1) Foreword asks ‘If the World is a Family, What Kind of Family Is It?’. It’s a provocative question for international lawyers, as the trope of the family runs through the discipl...

5 Juni 202540min

Episode 33: Owning the Future? International Law and Technology as a Critical Project

Episode 33: Owning the Future? International Law and Technology as a Critical Project

International law operates in a world of rapid technological transformation. From the battlefield to the border, from online content moderation to open-source investigation, from humanitarianism to de...

2 Maj 202547min

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