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23 Jan Legal Consequences of Peremptory Norms: A Missing Part in the South Africa v. Israel Case and an Opportunity to Reinforce Jus Cogens
...Masacre de Plan de Sánchez case before the Inter-American Court of Human Rights: “the current search for a normative and conceptual hierarchy in the international legal order (illustrated by the establishment of jus cogens) has established aggravated international responsibility in cases of particularly grave human rights violations and international crime with all its legal consequences.” (para. 33) In any case, a determination by the ICJ would contribute to shed light on this important issue and it is, therefore, necessary. From a procedural point of view, there is no obstacle for...01 Jun Weekend Roundup: May 25-31, 2013
...due diligence obligation on flag states to avoid damage to marine resources. Ilias Plakokefalos raised two questions regarding the role of the flag state in terms of its international responsibility. Finally, there was also a discussion of humans at sea with Seline Trevisanut’s post on responsibility for search and rescue operations, on which Tim Stephens provided an Australian perspective in his comment. In other posts, Ken returned to his old favourite of EVOO, while Kevin brought you a breaking news update that the ICC’s Pre-Trial Chamber has rejected Libya’s admissibility...13 Aug Some Real “Sovereigntists”: U.S. Presidential Candidates Ron Paul and Dennis Kucinich
...States from NAFTA and the WTO. The global trade regime of NAFTA and WTO has enriched multinational corporations. But for workers, family farmers, and the environment, it has meant a global race to the bottom. Companies leave the US in search of low wages, low commodity prices, anti-union climates, and lax environmental laws. NAFTA has been used to whipsaw workers at the negotiation table, forcing wages and benefit concessions under threat of moving jobs overseas. Trade treaties must be conditioned on workers’ rights, human rights, and environmental principles. The U.S....
29 Oct Fourth Annual Symposium on Pop Culture and International Law: “Melodies of Morality”- Exploring the Impact of Anti – abortion Songs on Women’s Rights in Africa
[Tracy Jerop Kimutai is a third year law student at Kabarak University. She is an early career researcher with a keen interest in International Women’s Rights in Africa.] The power of music in shaping societal norms and influencing legal frameworks cannot be understated. African music, rich in cultural narratives and social commentary, often addresses critical issues that resonate deeply within communities. The song Nerea by Sauti Sol, alongside other anti-abortion songs by African artists, provides a poignant lens through which to explore the intersection of musical popular culture and international...18 Nov The Department of State(-Building) and the Rhetoric of War
...But for now I want to focus on the core of his argument, which is about how the State Department needs to change its focus. Boot argues that much of the expertise we had built-up during the Cold War was squandered in the 1990’s in search of a “peace dividend,” leaving the State Department simultaneously bloated by its absorption of the Agency for International Development and the US Information Agency and, paradoxically, thin of the expertise and surge capacity needed to respond to the challenges of modern counter-insurgency, nation-building, and...28 Sep Has the ICC Learned Its Lesson from Melinda Taylor’s Detention?
...Statute. 16. Therefore, the arrangement should include all practical arrangements necessary to ensure the unhindered entrance of the Defence team and their belongings to Libya as well as their appropriate treatment and protection during their stay on Libyan territory. This treatment should explicitly include, at a minimum, immunity from arrest and detention and from search of personal baggage for the individuals participating in the visit, the inviolability of the Defence documents, and the non-interference with and guarantee of the privileged nature and communication between Mr Al-Senussi and his Defence during...
12 Jan Innovative but Precarious: The Challenge of Running Open-Source Investigations Labs at Public Universities
investigation as a field of research and a means of education, training students how to effectively conduct research online and verify the authenticity and reliability of the information they discover. For example, the University of Essex’s Digital Verification Unit partners with Amnesty International—and more than a half dozen other university programs worldwide—to engage students in human rights investigations using digital techniques. In Canada, the University of Toronto’s interdisciplinary Citizen Lab investigates cyber espionage, disinformation, and digital rights violations. In the United States, Boston University launched the Justice Media Co-Lab, an...17 Feb Dubinsky on The Death of Treaty Supremacy
...the increasingly broad and deep scope of international law. Others in this symposium have discussed the book’s value in terms of its historical analysis, constitutional interpretation, and its practical value to human rights litigators. As this on-line symposium draws to a close, it is important to note that the Death of Treaty Supremacy opens up new avenues for research. For example, David Stewart observes that “the story of our Constitution is largely one of judicial adaptation and reinterpretation in light of changed circumstances.” In response to the book’s “problem []...16 Apr From Hierarchy to Diagonality to Panarchy: A Comment on Hari Osofsky’s Is Climate Change “International”?
...to the exclusion of national and subnational responses. For the United States, once the discussion drifts down to those levels the federalism debate opens in full gear. A mountain of legal scholarship has risen from the collision between the pro-federal, pro-state, and pro-local climate change policy camps. Declining to join this Goldilocks search for the “just right” balance, Osofsky joins those, including myself, who see a need for an interconnected multi-scalar policy response that is equally as complex as the climate change problem itself. What sets her apart from work...30 Jul Three major challenges the Special Jurisdiction for Peace in Colombia faces
...and Non-Repetition. It comprises a tribunal called the Special Jurisdiction for Peace (JEP by its Spanish acronym), a truth commission, a search unit for missing persons, and the possibility to grant reparation measures and ensure guarantees of non-recurrence. Given the high levels of impunity for human rights and international humanitarian law violations, the Special Jurisdiction has gained notoriety as the institution with a leading role in guaranteeing victims’ rights. Its work began in January 2018 and, over the last 19 months of functioning, it has made significant advances in fulfilling...