In association with the International Commission of Jurists

Featured

06 Sep

[Kai Ambos is Professor of Criminal and International Law at the University of Göttingen and a judge at the Kosovo Specialist Chambers, The Hague. He writes here in his academic capacity. The author would like to thank Dr Lippold, Göttingen, for his important suggestions, and Dr Margaret Hiley for the preparation of the English version.] Reports on the U.S. drone killings in connection with Afghanistan reveal an...

|
03 Sep

[Carlos López is a Senior Legal Advisor at the International Commission of Jurists] The 3rd revised version of a draft treaty on transnational corporations and other business enterprises (3rd revised draft treaty on business and human rights) was published by the Intergovernmental Working Group established by the UN Human Rights Council in 2014 under Resolution 26/9 for the elaboration of the treaty. The 3rd Revised Draft maintains...

|
02 Sep

The eminent jurist Harry Arthurs opens a provocative article — Law and Learning in an Era of Globalisation — with a binary. He splits legal scholars into pools of optimists and pessimists, classifying them according to their perception of the trajectory of legal education.  “The optimists amongst us assume that human hands — our hands — shape legal education, that legal...

|
02 Sep

[Ambassador Corinne Cicéron Bühler is the Director of the Directorate of International Law at the Swiss Federal Department of Foreign Affairs] In 2018, the UN General Assembly negotiated the Global Compact for Safe, Orderly and Regular Migration. The Global Compact was adopted by the majority of UN Member States at an Intergovernmental Conference in Marrakesh, Morocco, and formally endorsed by the UN General Assembly on 19 December....

|
01 Sep

[Naimeh Masumy is a research fellow at the Swiss International Law School and a dispute resolution expert specialized in energy and investment disputes.] A famous Persian proverb states, “This person resembles someone who has lost his horse and yet, is looking for its horseshoes”. This sentiment aptly describes the current reform efforts being undertaken by UNCITRAL Working Group III (“WGIII”) to address the ‘legitimacy crisis’...

|
30 Aug

[Mohammad Zayaan is an undergraduate law student at Gujarat National Law University. He can be reached at zayaan44@icloud.com.] Background The Jammu and Kashmir Public Safety Act (‘PSA’) came into force in 1978, and authorises preventive detention of individuals for up to two years without trial. It is applicable in Indian-administered Jammu and Kashmir, a part of the disputed territory of Kashmir whose effective...

|
26 Aug

Alicia Nicholls Caribbean small island developing States (SIDS) joined with other United Nations (UN) members to sign on to the UN Sustainable Development Goals (SDGs) in 2015. These 17 goals and their 169 targets form the 2030 Agenda for Sustainable Development, agreed in 2015, covering areas as diverse as no poverty, zero hunger, gender equality, climate action, peace justice and strong...

|
26 Aug

Gerardo Centeno García Mexico’s 2013 Reforma Energetica (Energy Reform, RE) was a constitutional reform that allowed the participation of private companies (national or foreign) in the Mexican Energy Sector (MES), previously reserved solely for State-owned enterprises (SOEs). This constitutional reform modified articles 25, 27, and 28 of the Mexican Constitution (CPEUM), entering into force on December 20, 2013. To help the...

|
25 Aug

Antonius R. Hippolyte & Jason K. Haynes  Most developing countries still lack the industrial capacity to participate in international trade in a manner similar to industrialised countries, whose industrial transformation was catalysed at the end of the 18th century. Thus, advocates of the neoliberal international economic order have long touted Foreign Direct Investment (FDI) as the panacea for development and economic...

|
25 Aug

Ximena Sierra-Camargo In Colombia in the 1990s, a mining boom led to a significant increase in the extractive industries, including large-scale gold mining. This boom was provoked by legal and institutional reform of the framework of the Colombian constitutional State, and following the guidelines of transnational actors like the World Bank, who sought to standardise mining regulation across Latin America. The new...

|
24 Aug

Nicolás M. Perrone & Leonardo E. Stanley The 1990s witnessed a surge in economic and legal reforms that prioritised markets over government in allocating economic resources, installing a new institutional ruling. For neoliberals, open economies and free markets forces would bring laggards towards convergence. Rational agents' investment decisions might place countries into a stable, long-run growth path. In the field of...

|