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26 Jun Ecocide and Anthropocentric Cost-Benefit Analysis
the country’s unique wildlife. The head of the review, the former competition watchdog head Graeme Samuel, made 38 recommendations to transform the Environment Protection and Biodiversity Conservation (EPBC) Act. They include short-term reforms, including the immediate introduction of legally-binding national environmental standards to boost protection, and longer-term changes needed to address the “trajectory of environmental decline”. An adequate survey of national environmental laws is obviously beyond the scope of this post. My point is simply that there is not a single state in the world that makes it impossible to...
04 Sep Rich or Poor, does it Matter? How the Wealthy are Defined in Public International Law
...mixed of both characters due to its economic uniqueness (see here). This particular dispute between two geopolitical powerhouses has once again thrust the term “developed/developing country” into the limelight. At first glance, the term may seem like a simple economic descriptor that commonly associates with “rich/poor” nations, rather than a legal norm. However, “developed/developing country” is not just an economic label; it is documented in many international treaties and other legal documents and carries legal implications for states. The problem is, however, international law sometimes employs the term “developed/developing country”...
14 Sep The Slow Effects of the War in Ukraine and International Law
is evident that excluding certain adverse consequences of the conflict from the purview of compensation mechanisms would be highly unsatisfactory. While the feasibility of implementing a claims tribunal may be questionable at present, it is fundamental for the International Community to acknowledge the potential, if not inevitable, occurrence of gradual war damages while deliberating and determining peace terms and reparations. From this perspective, it is conceivable to consider the inclusion of a dedicated fund within the reparations framework to address the long-term consequences of the conflict. These consequences may not...
20 Aug Rescue at Sea in Armed Conflict – A Legal Analysis of the Obligations Applicable Following the Use of Armed USVs
must without delay take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Reviewing and updating the implementation of Article 18(1) GCII where armed USVs are used is therefore an imperative. In naval warfare, the obligation to search, collect and evacuate wounded, sick and shipwrecked persons only arises after each engagement. It is addressed first to commanders on the spot or nearby, but...06 Apr What Does Google Think of Harold Koh?
will be adding a variety of pull-down menus and so forth to its natural language interface to allow searchers to limit results. While this isn't as drastic as a renewed demand for Boolean searching, it at least seems to me to be an acknowledgement that searching does require work on the front end...by somebody. By your lights, that somebody should at least include the authors themselves. I agree, but I also think we can no longer so insouciantly dispense with the work required by the application developers and the searcher....
16 Sep Navigating the Human Rights Trajectory of the EU Migration and Asylum Pact in Search and Rescue Operations (Part One)
...and Force Majeure Regulation provides the legislative frameworks for managing migration during “exceptional situations of crisis, including instrumentalisation, and force majeure” (Article 1(1)). These terms are defined as follows: 1. Situation of crisis: a. an exceptional situation of mass arrivals of third-country nationals or stateless persons in a Member State by land, air or sea, including of persons that have been disembarked following search and rescue operations, of such a scale and nature, taking into account, inter alia, the population, GDP and geographical specificities of the Member State, including the...
15 Oct From Google Spain to Gen Alpha: The Right to Be Forgotten and the Digital Protection of Children under International Law
debts were outdated and irrelevant, and their continued online presence harmed his reputation and privacy. Two key questions were referred by the Spanish national court to the CJEU: 1. Does a search engine like Google qualify as a “Data Controller” under EU data protection regulations? 2. Can an individual request the removal of search results about themselves even if the original source (e.g., the newspaper) remains lawful and publicly accessible? The Court held that, due to its collection, storage, organization, and presentation of users’ personal data in response to search...
31 Jan ‘Kadago’ in the Courtroom: Language Disputes in Atrocity Trials
[Rosemary Grey is a Senior Lecturer at Sydney Law School, within the University of Sydney, researching in the field of international criminal law. Ludmila Stern is a Professor at UNSW in the field of interpreting studies, whose research examines interpreter-mediated communication in complex legal/courtroom settings, including those of war trials in national and international courts.] Conducting atrocity trials in multiple languages is an extraordinarily complex process. Scholars have examined the intricacies of this process through numerous case studies, including Gaiba’s study on Nuremberg Tribunal, where simultaneous interpretation was pioneered, Takeda’s...02 Jun Why Is Israel’s Blockade of Gaza Legal? (Updated)
...conflict during which none of these legal theories has been resolved, is there any framework to make this determination. Guy2 I actually think the argument comparing the situation to the US Civil War is pretty pertinent. In many respects, the situation of the Palenstinians in Gaza/Hamas is pretty similar to the Confederacy, of course in more modern terms. They are not a state, but de facto exercise state-like functions on their territory; moreover, the UN GA routinely acknowledges their right to self-determination, apparently making them a subject of international law...
17 Aug Supreme Court of Justice of Mexico: The Urgent Actions of the Committee on Enforced Disappearances Are Legally Binding
of the State of Veracruz, the Special Prosecutor’s Office dealing with claims concerning disappeared persons in Veracruz and the Head of the Special Prosecutor’s Office on Disappearances are under an obligation to adopt the measures indicated by the CED to fulfil Mexico’s international obligations to investigate and effectively search for Mr. Víctor Álvarez Damián(referred to as “Emiliano” in the judgment), ensuring that his relatives – and in particular his mother (referred to as “Julia” in the judgment) – are closely associated to the investigation and to any search operations (paras....