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05 Jul

[Dimitrios Kourtis is a PhD candidate at the Aristotle University and a Research Associate and Adjunct Lecturer at the University of Nicosia.] Genocide Disparities and Grotian Moments International law has been credited for normalizing, theorizing, and proliferating several systemic injustices, being the ‘culprit and the remedy’(Stahn) of/for an imperialistic order premised on centers and peripheries (Anghie). Although, such statements offer a recapitulation of the use and...

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02 Jul

[Maria Xiouri is a Lecturer in Law at the University of Bedfordshire. Her book The Breach of a Treaty: State Responses in International Law was published by Brill in March 2021.] On 22 May 2020, the US submitted a notice of its intention to withdraw from the Treaty on Open Skies (‘OST’) to the Treaty Depositaries and to all other States parties to the Treaty (33...

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01 Jul

[Arvind Ganesan is business and human rights director at Human Rights Watch.] The United Nations formally recognized a decade ago that businesses have a responsibility to respect human rights. It was a groundbreaking development. 10 years later, it’s clear that it was only a first step: we need laws that enforce companies’ duty to protect workers and communities from abuse and hold them accountable if they...

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29 Jun

[Fiona de Londras is a Professor of Global Legal Studies at Birmingham University Law School. Ruth Houghton is an Assistant Professor at Newcastle University Law School and Aoife O'Donoghue is a Professor of International Law and Global Governance at Durham University Law School.] Being a feminist international lawyer is exhausting. We are not the first to say this, nor, sadly, will we be the last....

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28 Jun

[Iain Scobbie is the Chair in International Law at the University of Manchester. This post is a contribution in our recent symposium on Ensuring Respect for International Humanitarian Law.] The understanding and implications of common Article 1 of the 1949 Geneva Conventions have undergone a transformation since its inception.  The volume edited by Eve Massingham and Annabel McConnachie, ‘Ensuring Respect for...

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28 Jun

[Doug Cassel is Emeritus Professor of Law at Notre Dame Law School.] The U.S. Supreme Court ruled this month in Nestle USA Inc. v. Doe that “general corporate activity” in the U.S. is not a sufficient domestic basis to warrant Alien Tort Statute (ATS) jurisdiction over claims against a U.S. corporation for alleged human rights violations overseas. The media response generally echoed that of the...

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28 Jun

In my previous posts on the crime of ecocide -- Post 1, Post 2 -- I argued the theoretical/normative case against the IEP's decision to subject lawful acts to anthropocentric cost-benefit analysis via the "wantonness" requirement. In this post, I want to bracket the issue of whether the definition of ecocide should distinguish between lawful and unlawful acts and question...

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26 Jun

In my previous post, I criticised the Independent Expert Panel for the Legal Definition of Ecocide (IEP) for endorsing a definition that is unjustifiably anthropocentric. In particular, I criticised the idea that "knowingly" causing a substantial likelihood of either widespread or long-term severe environmental damage is not criminal unless it is "wanton," defined as "reckless disregard for damage which would...

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25 Jun

As a teenager, I read Angela Davis, CLR James, Edward Said, Kwame Nkrumah, and Malcolm X. From a young age, I was perplexed by the contingency of global living standards, failing to comprehend why much of my national community (in Egypt) was mired in squalor while my adopted ones were swaddled in comfort. Each thinker linked contemporary privilege to historic...

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25 Jun

[Dr. Dalia Palombo  is a Senior Research Fellow at the Institute for Business Ethics, University of St. Gallen.] Imperialism and Transnational Human Rights Litigation How to hold multinationals to account for human rights abuses? This is a question that has tormented scholars, litigators and advocates. It is difficult to answer because the term “multinational” does not exist in law. From the legal perspective, a multinational is a conglomerate of...

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24 Jun

[Gabrielle Holly is a Senior Adviser in the Human Rights and Business Department at the Danish Institute for Human Rights and an experienced commercial disputes practitioner. You can find her on twitter at @Gabriellellell.]  In recent years we have seen tremendous momentum behind moves to introduce mandatory human rights due diligence obligations in law, both at the national level and at the international...

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24 Jun

[Penelope A. Bergkamp is a graduate from the National University of Singapore and KU Leuven, and law practitioner in Brussels.] Corporate liability and supply chain liability (SCL) in particular are experiencing a rapid and dramatic revolution. Supply chain liability (“SCL”) is the liability of a multinational corporation for damages caused by its business partners, often in developing countries. The term business partners refers to any business partner,...

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