Search: unwilling or unable
18 Nov Fighting over the Spoils of the “Holy Land”: Attachment to Land as a Basis for the Rights of Ethnic Minorities?
...the use of the Babri Mosque/Ram Temple compound of Ayodyah that was only concluded by a judgment of the Supreme Court of India in 2019. Muslim minorities in Europe have demanded to be allowed to construct mosques and asked States for support to exercise their freedom of belief and worship, especially in places where such places remain a rare sight and are unable to accommodate the number of adherents of the faith, such as in Athens and Moscow. Land rights can also influence the way members of ethnic groups cohabitate...
31 Mar The Roger Lumbala Trial – Analysis of a Landmark Universal Jurisdiction Case
...destruction of villages, pillage of property, forced labour, and sexual violence, particularly targeting Nande and Bambuti communities. Thousands suffered grave abuses, though the exact death toll remains unknown. Prosecuting crimes committed two decades earlier, thousands of kilometres from the court, posed a formidable challenge. Investigators were unable to conduct field investigations in the DRC because of security constraints and the absence of judicial cooperation. Against this backdrop, the prosecution relied on an exceptionally diverse evidentiary record to establish both the factual basis of the crimes and Lumbala’s individual responsibility. A...17 May Symposium: Lies, Damned Lies, and the International Rule of Law
...activists precisely for his unwillingness to assert without foundation that corporations are bound by human rights obligations. (For more on this, see my “Lawyers, Guns, and Money”.) McCorquodale does not go so far, but he concludes that section of his piece with a telling coda: “the application of human rights to the operations of the UN and other international organizations, as well as their applicability to non-state actors, are consistent with the human rights objective of the international rule of law” (p.303). Does the rule of law really have a...10 Oct The (Arguably) Legal Coup in Honduras
...the National Congress the power to remove the President, but does state the line of succession. Although Article 205, Section 12 was not invoked in the Decree, that Section gives intrinsic power to the National Congress and must be analyzed. Article 205, Section 12 does not grant Congress the power to remove the President, but only to receive the Constitutional oath of the President and other high officers and to fill vacancies in the case that any of the officers were absolutely unable to discharge the powers and duties of...
24 Feb ICJ’s Recent Order in Ukraine v Russia Genocide Case: Declaratory Relief, Asymmetric Counter-Claims, and Direct Connection Requirement
...is procedurally unable to introduce corresponding claims of its own at this stage creates a glaring asymmetry between Ukraine’s and Russia’s procedural positions. In such circumstances, the distinction between defence and counter-claim assumes practical importance for ensuring the equality of arms of the parties and overall balance of the proceedings. Discretion under Article 80 and Procedural Economy Article 80(1) provides that the Court “may” entertain counter-claims, language traditionally understood to confer discretion even where the formal requirements of jurisdiction and direct connection are satisfied. In prior cases, judges have emphasized...
24.02.26
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Anastasiya Donets, Tamar Ruseishvili, Mariam Bezhanishvili and Nazar Solomakha
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03 Mar The EU and the Global Quest for Lasting Peace
...lay the foundations of an ever closer union among the peoples of Europe’. The Democratisation of the European Union This state of mind may be the main reason for explaining why post-war scholars and politicians have been unable to observe that the steadily expanding European polity was evolving in another direction than they had predicted. While customs unions are not uncommon in international law, the finding of the European Court of Justice in 1963 that the Member States had given their Community an ‘autonomous legal order’, should have been perceived...03 Dec The ECJ and the Brexit Reversal Question – Some Arguments in Favor of Leniency
...unable to revoke its notification, it would have to reapply as a new member state after a one-year waiting period – a conclusion which even some opposing unilateral revocation find a bit draconian. The difficulty of gathering political will to recommit to international agreements also renders revocation an appealing option, particularly in contexts like the US, where ratification requires more than a simple majority vote. But not all treaties have involved such side-deals and tacit approvals. In 1926, after Spain gave notification of its intent to withdraw from the League...04 Mar The Arrest Warrant for Bashir — Quick Reactions
...grounds to believe” that Bashir was responsible for genocide. Not proof beyond a reasonable doubt. Not clear and convincing evidence. Not even more probable than not. Just “reasonable grounds.” That is an extremely low standard of proof — and the PTC is saying that Moreno-Ocampo failed to meet it. That’s a very strong, and very shocking, conclusion. I disagree with those scholars who believe that Moreno-Ocampo would be unable to prove genocide at trial, such as Alex de Waal, but I readily admit that it’s a debatable point. I find...06 Feb Trade Barriers Going Up …
The Wall Street Journal has an article today, February 6, 2009, front page, on the rush by states to enact new trade barriers in all sorts of ways. The WTO is expressing great concern, indeed saying that it is unable even to keep up with tracking the barriers being erected. The landscape is moving so fast that officials at the WTO, the world’s top trade-law enforcer, say they’re relying on news reports to keep up with the changes, as governments are often slow to report them. They are reconsidering their...
15 Sep Lebanon’s Fight Against Trafficking: How One Judge’s Decision Could Help Preserve the Country’s Standing
...The case also includes allegations of slave trading against the recruiter who facilitated Meseret’s employment in Lebanon, though the court has been unable to locate him for the purposes of prosecution. Despite the gravity of the case, proceedings have been slow and progress incremental due to overlapping crises affecting the functioning of the judiciary. On 29 February 2024, the investigating judge questioned Meseret’s former employer in person – the first time that an employer in Lebanon has been required to appear in court to answer allegations of slavery and slave...