In association with the International Commission of Jurists

October 2020

30 Oct

[Riddhi Joshi is a published author and a student in the final year of her law programme from Symbiosis Law School.] The border skirmish between India and China led to escalating tensions in the region. Numerous diplomatic and military-level talks have failed to ease the stand-off as both parties are keen on strengthening their geopolitical position. India’s fresh move to ban 118 apps of Chinese origin...

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30 Oct

[Trung Nguyen is a Research Fellow at the Max Planck Institute Luxembourg for Procedural Law.] With its appellate function came to a halt on the 10th of December 2019, the World Trade Organization (‘WTO’) is unlikely to be an attractive venue to settle international trade disputes at the moment or in the near future. The non-functioning of the WTO Appellate Body (‘AB’) presents the problem...

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29 Oct

[Paul Bradfield is a Research Associate on human trafficking, forced migration and gender equality in Uganda at the Irish Centre for Human Rights, NUI Galway. This is the second part of a two-part series. Part I can be found here.] Pushing the Envelope – Prosecuting Trafficking as an “International Crime” in Uganda As highlighted in Part I, the crime of trafficking in persons as...

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29 Oct

[Paul Bradfield is a Research Associate on human trafficking, forced migration and gender equality in Uganda at the Irish Centre for Human Rights, NUI Galway. This is the first part of a two-part series.] Introduction Next month on 15 November 2020, the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime...

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29 Oct

[David L. Sloss is the John A. & Elizabeth H. Sutro Professor of Law at Santa Clara University. He is currently writing a book about information warfare and social media, to be published by Stanford University Press.] Disinformation on social media poses a threat to liberal democracies around the world. Recent decisions by Twitter and Facebook to limit distribution of a New York Post article...

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28 Oct

[Dapo Akande, Antonio Coco, Talita de Souza Dias, Duncan B. Hollis, Harold Hongju Koh, James C. O’Brien and Tsvetelina van Benthem.] Election insecurity constitutes a dangerous global threat. Thirteen prominent intelligence experts stated, in a brief filed in U.S. federal court, that: “Over the last several years, evidence has emerged that Moscow has launched an aggressive series of active measure campaigns to interfere...

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28 Oct

[Adriano Iaria is a Humanitarian Advocacy Officer for the Italian Red Cross and a faculty member of the Master’s course in Intelligence and Security for Link Campus University in Rome, Italy. The views, thoughts, and opinions expressed in the text belong solely to the author, and not necessarily to the author's employer, organization, committee or other group or individual.] Last May, in the midst of the ongoing...

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26 Oct

Judge Barrett is set to become Justice Barrett. Throughout her nomination process, I have been quite fascinated by the discussion surrounding her originalist views and originalism in general. As someone not used to originalism as a theory of Constitutional interpretation (it has not really caught on in Peru), this added exposure has offered me some new perspectives I had not previously considered, including originalism’s identity...

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26 Oct

[Chris Jenks is the Director of the Criminal Clinic and Associate Professor of Law at SMU Deadman School of Law.] How is ‘attack’ defined under international humanitarian law (IHL), particularly in the context of cultural property and hospitals? Opinio Juris readers will likely have already answered the first part of the question by referring to Article 49 of Additional Protocol I (AP I) to the 1949...

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26 Oct

[Michael Lysander Fremuth is Professor for Fundamental and Human Rights at the University of Vienna and Scientific Director of the Ludwig Boltzmann Institute of Fundamental and Human Rights. Andreas Sauermoser is a researcher and PhD candidate in the Department Human Dignity and Public Security at the Ludwig Boltzmann Institute of Fundamental and Human Rights. Konstantina Stavrou is a researcher and PhD candidate at the Ludwig Boltzmann Institute of...

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26 Oct

[Verity Robson is the Legal Counsellor at the Permanent Mission of the United Kingdom to the United Nations and other International Organisations in Geneva.]  Accuracy counts. It is therefore necessary to provide a short response to the recent critique by John Heieck of my post on the scope of the duty in Common Article 1 of the Four Geneva Conventions of 1949 to ensure respect for those...

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