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26 Sep Weekly News Wrap: September 26, 2013
...go from room to room inside the mall, firing protectively before entering unknown territory, in a bid to secure the complex a day after a siege that killed scores ended. Foreign forensic teams have joined to assist the Kenyan authorities in their search. Foreign Policy offers analysis here. African Union leaders will hold a special summit next month amid growing opposition to the crimes against humanity trials of Kenya’s leadership at the ICC. Europe Today, at 11:00 CET, the Appeals Judgment will be delivered in the Charles Taylor Trial (see...24 Jun No, HRW and Amnesty International Don’t Ignore Labor Rights
...work, particularly just and fair conditions of employment, protection against forced or compulsory labour and the right to form and join trade unions; And, of course, neither mentions that if you search the Amnesty website for “labor union” or “trade union,” you get literally hundreds of results like these: Kazakhstan: Public figure on trial for defending strikers; Iran must release imprisoned trade unionists; Colombia: Security fears for peasant farmers’ leader; Guatemala: Trade union leader killed, others in danger; Nigeria: Release Labour Activists; Colombia: Further information: Organizations and unions threatened; Warning...
29 Oct International Law and Popular Culture Symposium: The Sokovia Accords and Popular Culture’s Effect on Perceptions of International Law
...In Civil War, the central cast of enhanced individuals have been the cause of increasing collateral damage in their quest to fight supervillains. Around the world, their use of force during their missions leads to increasing and unusually high number of civilian deaths, prompting calls for accountability. The countries of the world come together to adopt a treaty – the Sokovia Accords (Accords). The movie does not go into great detail into the terms of these Accords, apart from the fact that enhanced individuals can only operate if their actions...04 Apr The Notions of Certainty, Finality and Predictability
...law because the factual configurations differ all the time and we can have certainty only in pure repeat, therefore perhaps in conveyancing or in most traffic offenses, but not much else in a fast moving world. The cry for certainty is therefore ignorant of the world in which we live and is childish, as has often been pointed out (to start with Jerome Frank) but especially in transactions and payments, there is an overriding and public policy need for finality. The issue of finality goes well beyond the search for...
29 Sep Symposium on the Current Crisis in Myanmar: Innovating Avenues for Justice and Accountability
and art 7(1)). Seven of the 10 ASEAN States have either signed on or acceded to the CAT. Where might it be possible, or useful, to bring domestic prosecution for related torture—or even state responsibility under the CAT? The Continued Search This fourth grim anniversary of the 2017 atrocities against the Rohingya is a reminder that neither the international community as a whole, nor we as international lawyers, should be contented with the tools we have. Use them, yes, but continue to hone them and keep searching for better ones....
01 Aug Potential Climate Remedies at the Inter-American Court of Human Rights
...from an analysis of ecosystem services, and the search for an “additionality” in environmental compensation. Similarly, in Lhaka Honhat, the Court ordered Argentina to present a study in six months that identified critical situations of lack of access to drinking water and food, and that Argentina then formulate an action plan to address these situations. In Rio Negro v Guatemala, the IACtHR ordered that the state must consult with the victims and draw up a timetable with short and medium term goals of how it would ensure the preservation of...17 Oct Treaty Interpretation 101
...for the widespread ignorance regarding the Vienna Convention. His ignorance is a by-product of a prevailing ignorance regarding the international rules of treaty interpretation. Even the Supreme Court inspires little confidence regarding its level of awareness of the Vienna Convention. There is only one Supreme Court majority opinion that even references the Vienna Convention on the Law of Treaties, Weinberger v. Rossi 456 U.S. 25, 29 (1982) (referencing the Vienna Convention to determine what constitutes a treaty under international law). Two other dissents also reference it (Blackmun’s dissent in Sale...27 Jul Gay Marriage and Constitutional Comparativism
...persons in every generation can invoke its principles in their own search for greater freedom.’ In that case, which has obvious significance to the present one, the Court noted that the issue before it called for re-evaluation in the context of ‘an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.’ In the past two decades, there have been dramatic shifts in public attitudes toward homosexuality…. In addition to Lawrence, many courts as well as legislatures...
04 Sep Rule 50 of the Olympic Charter—Protesting Racial Inequality
[ Dhananjay Dhonchak is a student in law at The National Academy of Legal Studies And Research in Hyderabad, India.] Introduction The International Olympic Committee (IOC) issued guidelines in January 2020, expressly stating that gestures like kneeling would constitute a ‘protest’ within the meaning of rule 50 of the Olympic Charter (OC). The contentious rule 50 prohibits any ‘kind of demonstration or political, religious or racial propaganda’ at all Olympic venues and has been used in the past to sanction athletes taking a knee to highlight racial inequality. The rule...