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...decision of non-compliance against Jordan and referred the matter to the Assembly of States Parties and the Security Council. So far, there is nothing new under the sun. The issuance of the arrest warrants against President Al-Bashir failed to prevent his international travels. The Jordan decision is therefore only the latest in a string of non-compliance decisions issued by the Court against states – such as the Democratic Republic of the Congo, Uganda, Chad and South Africa – where Al-Bashir travelled officially but was not arrested. The new development in...

[Alessandro Marinaro is an incoming second-year Master candidate in International Law at the Graduate Institute of International and Development Studies, in Geneva, currently working as a research and evaluation intern at the Joint Inspection Unit of the United Nations System.] Johnson v. M’Intosh : A Necessary Contextualisation The age of the Marshall Court has probably been the most influential period in the history of the US Supreme Court. Through its practice and jurisprudence, it has irreversibly shaped the nature of the United States as a political and cultural entity, and...

...subjected its rights record to examination before the Geneva-based council, as part of a procedure that requires all states to allow their counterparts to grade their conduct. Several delegations camped out overnight to be first in line to criticize Washington, with the initial few speakers including Cuba, Iran and Venezuela. … The United States’ most vociferous critics – Cuba, Iran, Nicaragua, North Korea and Venezuela – opened the session with a string of highly critical accounts of U.S. policies, denouncing detention policies from Abu Ghraib to Guantanamo Bay and characterizing...

at their disposal to ensure that the know-how underlying a CL is shared with licensees. To begin with, states could establish clear guidelines on the conduct of private entities requiring the transfer of know-how accompanying a CL on equitable terms. This could be supplemented with incentives for firms to pool their know-how into technology transfer mechanisms and patent pools. The refusal to license or licensing on prohibitive terms should attract action under competition law, as recognised by Article 40.2 of the TRIPS. In addition, emergency legislation, such as the present...

[Dr. Imar de Vries is a media scholar at Utrecht University whose research explores the cultural histories, social imaginaries, and ideologies surrounding media, communication, and emerging digital technologies Dr. Henning Lahmann is an assistant professor at eLaw – Center for Law and Digital Technologies at Leiden University Law School] In 2010, at a conference organised by independent Dutch investigative journalism platform Follow the Money, multimedia design studio Catalogtree had been invited to present and discuss their 2008 poster series “Flocking Diplomats”. Based on a dataset consisting of all parking violations...

Tetevi Davi is future pupil barrister at 25 Bedford Row in London and a Nicolas Bratza, Tancred and Hardwicke Scholar of Lincoln’s Inn. He writes regularly on international human rights law, international criminal law and transitional justice, primarily with a focus on Africa. He is a rapporteur for Oxford International Organizations where his research focuses on African treaties. Introduction On 28 March 2019, The First Instance Division of the East African Court of Justice (‘the Court’) delivered its judgment in the case of Media Council of Tanzania and Others vs...

[Daniel Bodansky is Foundation Professor of Law at the Center for Law and Global Affairs’ Faculty Co-Director at the Sandra Day O’Connor College of Law; an Affiliate Faculty Member, Center for Law, Science & Innovation; an Affiliate Faculty Member, Global Institute of Sustainability,School of Sustainability, Arizona State University.] In general, climate change conferences of the parties (COPs) can be divided into big-COPs and mini-COPs. Of course, all COPs nowadays are big in terms of the number of participants and the general air of frenzy. But some have major issues to...

...like the South African Constitution does, we wouldn’t be having this debate at all. But it doesn’t, so here we are.As a teacher and researcher, I find it essential, and illuminating, to consider foreign and international approaches. More Americans, including judges, should think about the ways others do things more often. But should US judges rely on foreign and international sources in making their rulings? This is a different, and more difficult, question. First, one must determine whether the Constitution allows such reliance, a question on which, as seen in...

I was amused to read about the kerfuffle in the UK over the supposedly rude treatment UK Prime Minister Gordon Brown and his wife received during his recent White House visit. London newspapers are howling over a string of alleged snubs by Obama to British Prime Minister Gordon Brown during his visit to Washington last week — including a squabble over presidential gift-giving. “President Obama has been rudeness personified towards Britain,” sniffed The Daily Telegraph Friday. “His handling of the visit of the Prime Minister, Gordon Brown, to Washington was...

...performance-enhancing drugs. Of course, the steroid crisis in baseball is only the latest (and some would say long-overdue) story in a long string of tales about steroid use in sports. Just yesterday, a French court dismissed a defamation case against Lance Armstrong that emerged out of charges involving steroid use in cycling. The Olympic Movement has also spent much of the last decade wrestling with questions of doping. Thus, my parochial interests in baseball aside, doping has become a problem of global dimensions. And once a problem gains global attention,...

[Sina Etezazian serves as regional coordinator for the Digest of State Practice at the Journal on the Use of Force and International Law. He is also a PhD candidate at Monash Law School, where he is researching the necessity and proportionality criteria for the exercise of self-defense in international law.] The lawfulness of conducting air strikes against the Islamic State Group (IS) in Syria is attracting increasing scrutiny from legal commentators. This scrutiny has intensified markedly (for example, see here, here, here, and here) since the UK’s targeting of alleged...

...help the ‘Inkotanyis’ [Tutsi warriors, fierce fighters] …. Why do they not arrest these parents who have sent away their children and why do they not exterminate them? Why do they not arrest the people taking them away and why do they not exterminate all of them? … [We] must do something ourselves to exterminate this rabble…. I asked if he had not heard of the story of the Falashas, who returned home to Israel from Ethiopia? He replied that he knew nothing about it! [I] am telling you that...