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A Third Category of Enforced Disappearance? The Committee on Enforced Disappearances’ Article 34 Resolution on Mexico

In April 2026, the Committee on Enforced Disappearances (CED) adopted a resolution under Article 34 of the International Convention for the Protection of All Persons from Enforced Disappearance (hereinafter “the Convention”) and urgently brought the matter before the UN General Assembly.  Article 34 empowers the CED to bring a situation to the attention of the UN General Assembly when it receives well-founded indications that enforced disappearance is being practised on a widespread or systematic basis.  A significant aspect of the Resolution is the Committee’s application of what may be described as a third scenario of enforced disappearance: disappearances committed solely by non-State actors as crimes against humanity under Article 5. Although previously recognized by the CED, the Mexico Resolution assessed this scenario in practice for the first time and within the exceptional Article 34 procedure. Mexico rejected this interpretation, arguing that Article 34 is limited to enforced disappearances involving direct or indirect State participation under Article 2.

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The Spanish Supreme Court on Rejection at the Borders of Ceuta and Melilla: What About Human Rights at Sea?

Ceuta and Melilla are Spanish Autonomous Cities located on the northern coast of Africa and bordering Morocco. They occupy a singular position within the European legal order. They simultaneously constitute the external borders of Spain, the European Union, and the Schengen Area, making them the only land frontiers between Europe and Africa. For decades, these borders have been…

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In This Issue – Reviews

In our current state of affairs in the world some of us must feel a measure of fatigue. Helplessness. Despair. At loss. A loss. A sense that we're losing. It might have been a day like this when George Orwell's Winston Smith sat in his room and wrote the first page of his diary. ‘From where Winston stood…

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From Survival to Justice: A Conversation with Judge Theodor Meron

Few figures in international law have witnessed and influenced its development as much as Judge Theodor Meron. A Holocaust survivor who became a leading scholar, government legal adviser, diplomat and international judge, his unique reflections offer a first-hand account, built over decades of experience, of how international law is formed, interpreted, and applied under pressure.  I…

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Transition Minerals: A Cautionary Tale from Greenland

On 19 July 2023, Greenland Minerals (GM), a wholly-owned subsidiary of the Australian mining company Energy Transition Minerals (ETM) initiated arbitration proceedings against the Governments of Greenland and Denmark. The arbitration focuses on the right to mine. GM is seeking either confirmation of its right or USD 11.5…

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Two Birds, One Bill: How BBNJ National Legislation Can Tackle UNCLOS Deep Seabed Mining Gaps

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) will enter into force on 17 January 2026, marking a pivotal moment for marine conservation, global…

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The First United Nations General Assembly Resolution on Artificial Intelligence

On Thursday, 21 March 2024, the United Nations General Assembly (UNGA) met to commemorate the international day on the elimination of racial discrimination. During that session it, almost clandestinely, adopted the first-ever resolution on the topic of Artificial Intelligence (AI). Towards the end of 2023, the UNGA…

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The Law of Maritime Neutrality and Submarine Cables

In an era of great power competition in which states seek to avoid “taking sides,” the international law of neutrality deserves greater attention. Information technology is the contemporary currency of power and the global network of over 420 submarine cables spanning some 700,000 miles is…

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The Scorecard of the USMCA Protocol of Amendment

    The U.S. House of Representatives approved December 19 the United States-Mexico-Canada Agreement (USMCA) by an overwhelming margin of 385-41. The Senate is expected to do the same in mid-January. As everyone knows by now, USMCA is a revision and replacement for the 25-year-old…

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Lack of Consistency and Coherence in the Interpretation of Legal Issues

Editors' Note:  This is the last post in our ongoing series of posts (see introduction here, first post on costs here, second post on duration of proceedings here, third post on the diversity deficit in investment arbitration here, fourth…

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Julian Arato

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