Abstract Ecological economics research on limits to growth has demonstrated that high-income countries are unlikely to succeed in ‘making growth green’ or, in other words, decoupling economic growth from ecological impacts fast enough to bring human activity back within planetary boundaries. At the European Union (EU) level, a paradigm shift is difficult because the EU’s socioeconomic system is growth dependent: the continuation of economic growth is required to avoid significant psychological, social and economic harms. This article argues that the EU founding treaties entrench this growth-dependent model by constraining the policy reforms proposed by ecological economists to reduce the EU economy’s reliance on growth. It therefore contends that treaty reform is necessary if the EU is to sustain human wellbeing without continued economic growth. Nevertheless, the article also finds in the treaties a limited degree of flexibility towards policies that would constitute first steps in the direction of growth independence.

Abstract A key issue in the recognition and enforcement of foreign judgments is jurisdiction, with a distinction drawn between ‘direct’ jurisdictional rules, which are applied by the court of origin at the time of initial adjudication, and ‘indirect’ rules applied by a court at the recognition and enforcement stage. While some commentators and national laws suggest that no jurisdictional ‘gap’ should exist between direct and indirect rules, in this article it is contended that, outside the context of a federal system or international convention with uniform rules, no compelling justification exists for eliminating the gap.

Abstract This article uses the Sargasso Sea as a case study to provide an analysis of the provisions of Part III of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) on measures such as area-based management tools (ABMTs), including marine protected areas. The ability of the BBNJ Conference of the Parties (COP) to establish internationally legally binding ABMTs in areas beyond national jurisdiction (ABNJ) presents a new opportunity for the conservation of the Sargasso Sea. Existing work of the Sargasso Sea Commission, as well as the preparations it could make to support a proposal by one or more States Parties to the new COP for an ABMT in the Sargasso Sea are discussed, as is the comprehensive process the BBNJ Agreement establishes for stakeholder engagement as part of the submission of proposals. The Sargasso Sea Commission has a long history of collaboration with international organisations, governments, scientists and others to strengthen the stewardship of the Sargasso Sea. More recent activities to engage directly with the shipping industry stakeholder group specifically are discussed. Finally, the article discusses the work being undertaken in collecting the best available science, collaboration with other international frameworks and bodies and other stakeholders, and the preliminary work on the development of an outline management plan particularly in relation to ongoing monitoring using remote sensing capacity.

Abstract On 21 May 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered its Advisory Opinion on Climate Change and International Law (Advisory Opinion) regarding the obligations of States Parties to the United Nations Convention on the Law of the Sea (UNCLOS) in respect of climate change. ITLOS made several methodological choices to answer the request for the Advisory Opinion, but none were more decisive than its extensive use of external rules and scientific materials to interpret both the questions presented and the relevant UNCLOS provisions. This article provides an account of the ways in which ITLOS engaged with legal and scientific external resources throughout its decision. The final section discusses some concerns raised by this interpretative approach, including unresolved questions related to the criteria for using external rules under the principle of systemic integration, and the justification for the role that scientific information plays in shaping the content of certain UNCLOS obligations as applied to climate change. These issues are important given the influence that the Advisory Opinion will have on future debates and negotiations, and because they are ultimately linked to the need for a sound theoretical foundation for using legal and non-legal external materials in treaty interpretation.

Abstract The widespread use of artificial intelligence technologies in border management throughout the European Union has significant human rights implications that extend beyond the commonly examined issues of privacy, non-discrimination and data protection. This article explores these overlooked impacts through three critical frameworks: the erosion of freedom of thought, the disempowerment of individuals and the politicization of human dignity. In uncovering these dynamics, the article argues for a broader conception of human rights to prevent their gradual erosion and safeguard the core principle of protecting human dignity.

Abstract Which international obligations are characterised as obligations owed erga omnes or erga omnes partes is today a crucial question for the enforcement of international law, particularly through adjudication before the International Court of Justice (ICJ). The ICJ, however, has not given sufficiently clear indication as to how it understands and identifies obligations erga omnes and erga omnes partes. This lack of clarity and consistency permits varied approaches to the articulation of such obligations, ultimately leaving uncertain the enforceability, through adjudication and otherwise, of a wide variety of obligations.

Abstract This article argues that the rule of contra proferentem is not applicable to international sales contracts governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG). It further argues that the common recognition of the rule of contra proferentem under the CISG is an instance of a broader phenomenon which it calls ‘internationality overreach’. ‘Internationality overreach’ is the tendency to project onto the provisions of a uniform private law instrument doctrines and concepts which are inaccurately presumed to constitute universally recognised principles of private law or the ‘common core’ of various legal systems. This article demonstrates that internationality overreach disrupts the goals underpinning the harmonisation of commercial law in two ways: first, it undermines uniformity in the application of international conventions; and, second, it leads to outcomes that fall short of the agreement reached by the Contracting States during the drafting process. While this article focuses on the CISG, the argument developed in this article is of equal relevance to other uniform private law conventions which follow the principle of autonomous interpretation.