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12 Feb The Need for Specific International Legal Protections of Journalists
...and that one of its members, Russia, is committing violence against journalists. However, the reality is that Russia would veto any punishment against nations that murder journalists due to Russia’s own actions. Attacks against journalists appear to only be getting worse. Though the UN’s ideas for further coordination and resources in order to protect journalists and bring attackers to justice is a good short-term solution to an urgent problem, establishing specified protection through international law by way of a convention or a similar measure would be a better long-term strategy....
05 Jul The Odious Scourge of Genocide and the Limits of International Law: Part I
[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 abuse of international norms, it is beyond doubt that international law’s humanization process has been an arduous task and a very long journey with...
15 Aug Does the Establishment of Specialized Space Military Corps Ipso Facto Violate International Law?
...moot. The analysis contained in the previous part of this post outlines, in most specific terms, the permissible activities of the USSF, as well as those which, when undertaken, may sound immediate legal sirens across jurisdictions. The USSF, as detailed under by the Space Force Proposal, is for “both combat and combat-support functions to enable prompt and sustained offensive and defensive space operations and joint operations in all domains”. The specific use of the term ‘offensive’ thus casts doubt on the ‘non-aggressive’ narrative of the USSF so propagated. The existence...17 Dec Overcoming distrust – the need for a global climate finance registry
...this issue. A consensus is emerging among developed countries on significant “Fast Track” funding for the next several years. Also, the recent AWG-LCA Chair’s draft, recognizes that private finance through carbon markets should be included in climate finance arrangements along with public funds. However, there is still no agreement on long-term financing, regulatory and other mechanisms, or governance structures. The impasse stems from two basic problems: first, the lack to date of credible and substantial developed country commitments on public funding; and second, the absence of institutions and governance structures...
24 Aug The Latin American Approach to FDI Law and Policy: An Outdated, Biased Vision Remains on Board
...is a Research Associate Professor of International Law at Universidad Andrés Bello, Chile. His main research interests are in international economic law, particularly in international investment law and policy. He holds a PhD and an LLM from the London School of Economics. His research has appeared in the Indiana Journal of Global Legal Studies, Transnational Legal Theory, Journal of International Dispute Settlement, the Journal of World Investment & Trade and Leiden Journal of International Law. He is a member of the Editorial Committee of the Yearbook on International Investment Law...
06 Feb Why Now for a Global Treaty on Older Persons’ Rights—and a Path Forward
...as access to long-term care, caregiving responsibilities that often arise in later life, and the ability to both continue working and receive a pension—that existing conventions do not address. Meanwhile, evidence that older persons’ rights and needs are going unmet is found across low- and high-income settings alike. For example, older persons face an outsized risk of falling into poverty, as social safety nets often provide too little support to meet basic needs in the context of longer life spans, rising costs, and worsening global crises. At the same time,...07 Jan Constitutional Comparativism and the Death Penalty for Child Rape
It has been a long time since the Supreme Court has referenced foreign and international sources in constitutional cases. Since Roper was decided in March 2005, the Supreme Court has not issued a single decision relying on the interpretive approach outlined in Roper and Lawrence. In the most recent term, I am not aware of a single Supreme Court case that relied on contemporary foreign or international law and practice to interpret constitutional provisions. This is despite the obvious opportunities to do so in the contexts of abortion (Carhart), free...
13 Dec Symposium: Review of John Heieck, A Duty to Prevent Genocide
...of the International Court of Justice in the Bosnia v. Serbia case. It provided important guidance in terms of the obligation of unilateral obligation falling to a single State in a position to take action. The Court spoke of positive obligations on States comprising a duty ‘to do their best to ensure that such acts do not occur’. The Court said that to incur responsibility, ‘it is enough that the State was aware, or should normally have been aware, of the serious danger that acts of genocide would be committed’....
02 Apr COVID-19 Symposium: A Time to Kill ‘Business as Usual’–Centring Human Rights in a Frustrated Economy (Part 1)
...the company’s direct costs by outsourcing labour to areas with lower minimum wages. NGOs, scholars, and the media have long documented the negative human rights impacts that result from such choices. These business practices also play a role in the growing global economic inequality that allows the world’s 2,153 billionaires to hold more wealth than the combined wealth of 4.6 billion people. Economic inequality is proving to be an impediment to the fight against COVID-19 in the (for lack of a better term) so-called ‘Global North.’ Low-wage employees are often...03 May 70 Years of the International Law Commission: Drawing a Balance for the Future
...remains a popular query at Jessup competitions, one that has been answered in a variety of ways. Some argue that, in light of Article 38, paragraph 3(d) of the ICJ Statute, the references to the Commission’s work in judicial decisions constitute a subsidiary means for the determination of international law. Others maintain that the Commission could be considered as a “highly qualified publicist”. In addition, the outcomes of the Commission’s work often reflect customary international law. Nonetheless, in recent years no outcome of the Commission’s work has been taken up...