Bonn, Germany. Barnewitz, Germany. Leipzig, Germany. Deutsches Literaturinstitut Leipzig. Solothurner Literaturpreis Is this you? Become a LibraryThing Author. Links Official home page. Wikipedia author page. Member ratings Average: 3. Includes Juli Zeh is composed of 6 names. Diverging views and perspectives on international law are unavoidable.
Chris Bambery – Spain’s Political Prisoners are the EU’s Ignominy
The global span of this body of law and the different geographical, cultural, religious and educational backgrounds of those who work with it contribute importantly to the understanding of its normative frameworks. The fact that scholars from different countries and continents …. As workload and expectations have been growing, the time has come to secure more sustainable funding and to further professionalize the blog.
While it is nothing new in Switzerland that popular initiatives are launched which lead to conflicts with international law just remember the popular initiatives on the ban of minarets, on the …. While the events have been largely claimed to be the result of an internal power struggle between two senior judges at …. Ein Schritt, der in Deutschland von der AfD bejubelt wurde. Woher kommt die Skepsis? In her opinion, principles like Data Minimization and Localization are likely to infringe generally accepted principles of investment law, such as the fair and equitable standard of treatment of ….
A significant number of Ethiopians are migrating to the Gulf countries to work in the domestic labor market. In late , the Ethiopian government passed a temporary ban on labor migration, which was subsequently lifted five years later in January How have these legal developments shaped the current situation, and what are the major push factors influencing Ethiopian labor migration? Two factors are particularly noteworthy: first, a state monopoly ….
Der Cyberkrieg ist in aller Munde. Allerdings steht auch die Reaktion der EU auf rechtlich wackeligen Beinen. This is for two reasons—both, in my mind, connected to LaGrand. In the first place, with the Court having declared its provisional measures binding, it was incumbent upon it to ensure their requirements were clear and predictable. In the second and in view of …. She demonstrates how Kavanaugh has repeatedly shown disrespect for humanitarian law and human rights in his career as a judge for the Federal Court of Appeals for the District of ….
There has been a recent surge in the proliferation of data protection regulations globally, the most recent example of which is the General Data Protection Regulation. This tightly constrained and circumscribed stage of the proceedings, though only a precursor to the far more significant jurisdictional and merits stages—each of which has the potential to ask questions with lasting significance for international law and …. History is not unfamiliar with the rigours of tariff wars. Back in the s, retaliatory tariff escalation led to the great depression, which in turn contributed to the Second World War.
Leaders of the free world sought to revive the beleaguered global economy through free and fair trade. Years of negotiations aimed at increasing market access and curtailing protectionism culminated in the establishment of the World Trade Organization WTO. Doch wie ist eigentlich die Rechtslage an kolonialen Kulturobjekten? Many Kenyans took to social media to mourn the death of the African diplomat they had come to know through his efforts in curbing the post-election violence.
Annan and the Election in Kenya The election in Kenya was charged and emotive. The vicissitudes of history have nevertheless robbed many peoples of this inheritance. The legacies of colonialism and imperialism are keeping the European museum scene busy. At first glance, it seems that colonial amnesia is overcome and museums are paving the way for postcolonial restorative justice. A second glance, though, might reveal inconsistencies and shortcomings structuring present museum work.
The current debate mainly focuses on objects being looted, exchanged, extorted or bought under colonial rule, and considers the restitution of objects to former …. Er lobt dagegen die griffige Anschaulichkeit altdeutscher Gesetzestexte, die er bereits als junger Mann in seiner wunderbaren Abhandlung Von der Poesie im Recht zum Forschungsgegenstand gemacht hatte. Was ist Kultur? Die Frage nach der Bestimmung des, prima facie, hoffnungslos unbestimmbaren Begriffs ist in den Kultur- und Sozialwissenschaften aktueller denn je.
Leidenschaftlich wird darum gefochten, ob Kultur offen oder geschlossen, Konstruktion, Essenz oder Ressource sei. In the course of recent years, international legal efforts to safeguard cultural heritage have undergone two seemingly contrasting developments: on the one hand, the general public has expressed an increasing concern with regards to the protection of cultural heritage from destruction and looting, first in light of the conflicts in the former Yugoslavia, Afghanistan and Iraq, and most recently as a result of the acts of the Islamic State in ….
Every legal field has its own history and every history has its own master narrative, in the case of international law protecting cultural heritage it is a plain success story. International legal efforts to safeguard cultural goods and sites started in the interwar period. It was after the horrifying destructions of the First World War that internationalists and lawyers discussed how to efficiently protect artefacts of artistic and historical value.
Moreover, last year, the Court managed ….
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Im Fall Poblete Vilchez vs. Somalia has been that isolated relative that no one speaks about. The one that lives in a little hut, far away from the general community, with little interaction with anyone. Nieces and nephews do not visit her, because she is said to be a witch. Everyone fears her, and so she is largely ignored. Nobody wants to go near her homestead. Since the overthrow of Siad Barre in , Somalia ….
It has since seen little progress towards achieving this goal, which is heavily due to the incompatibilities of its Constitution with the European Convention for the Protection of Human Rights and Fundamental Freedoms hereinafter the Convention. Ein vergleichbarer Ansatz findet …. The future of human rights, as scholars and practitioners alike emphasize, depends on its ability to address economic inequality. For this aim, human rights lawmaking needs to listen to more voices than just the ones of the powerful states and the human rights movement needs to include more actors than it did in the past to tackle questions of fair distribution:.
But is this really the case? Der Ausgangsbefund: Wirtschaftsabkommen und Menschenrechte 1. The state-based paradigm of international human rights law poses a significant challenge to modern day human rights problems as traditional mechanisms largely fail to adequately address corporate conduct and to respond to corporate human rights violations. As a Jewish academic currently writing a book in Berlin, I am moved by the significant efforts in evidence across the city to remember the victims of the Holocaust. From the sobering stolpersteine to the powerful formal memorial sites, the terrible results of denying the worth and value of Jewish, Roma and gay individuals amongst others are clearly in evidence.
Yet, memory of past violations cannot be enough: it must …. Both historians and jurists are intrigued by the future: historians — despite their habitual claims to the contrary — wish to say something meaningful about the future by studying the past, whereas jurists make and render law in order to establish justice, lawfulness, and ultimately peace. A rapidly emerging arena of scholarship on law and development in recent years has been on the intersections between international economic law IEL and development.
As the development community re-focuses on how the rule of law agenda enables sustainable development as expected in fulfilment of Agenda , questions will continue to arise concerning the mixed results of rule of law assistance projects. It has never moved beyond a market-friendly or market-centered approach. I submit that scholars who are more concerned with the …. The field of Law and Development studies positions itself at a highly interesting, yet academically challenging juncture: What is the relationship between law and social and economic development?
For most scholars of Law and Development, this question itself tends to raise more questions than answers: What conceptions of law are we actually talking about? The bizarre dispute and the Agreement itself has raised interesting legal questions, serving as the most prominent case of an inter-state battle over …. He assesses that the absence of cyber security law-making has created a power vacuum that has been filled by non-state actor initiatives, such as the Tallinn Manual.
He calls on states that now is the time to reclaim their central role in international lawmaking, in the short-term by articulating their opinio iuris more clearly, …. Cultural and anthropological objects from colonized or de-facto colonized territories have arrived in Europe in great amounts since the 18th century.
To keep a finger on the pulse of time, technology and innovation are central to the implementation of the Agenda and the Sustainable Development Goals SDGs. Context-informed and locally-adapted technology can be the catalyser to identify barriers in achieving the agenda and provide solutions for the sustainable development change so desperately needed. Ending all forms of violence against children is an integral part of the SDGs, namely through ….
The first part of this post established the intrinsic connection between human rights and the protection of biodiversity, looked at human rights and the environment in international public law in general and examined the conceptual relationship between biodiversity and the environment. The second part centers around the current approach of the UN Special Rapporteur on Human Rights and the Environment which promises nothing less than a change of paradigm on ….
For a long time, the legal and political endeavours to protect humans from violations of their basic rights seemed in no way connected to the preservation of biodiversity. In the past, this paradigm has been reflected by indifferent international responses to biodiversity issues: Whereas the promotion and protection of human rights has in recent decades become a major concern of the international community and the relationship between human rights and …. Once more, Germany is confronted with compensation claims concerning wrongs committed in the past see on this topic already the post by Andreas Buser.
These are exciting times for international legal scholarship — on this point, the interviewers and Professor BS Chimni can immediately agree. But what are the consequences of recent challenges to the international legal order for critical approaches? A fascinating scholar, an enthusiastic teacher, and an effortlessly charismatic …. Weltkrieg geltend zu machen. Einigen dieser Aspekte soll sich dieser Beitrag widmen. Nie verheilte Wunden? This was seen as a huge step forward for human rights in Asia.
Its wide-ranging features already sparked a lively debate in the blogosphere see here, here and here. Her activism had earned her the Goldman Environmental Prize and years of threats and intimidations by state and non-state actors, which led to the Inter-American Commission …. As the doors were closing on Churchillplein 1, the Hague, the former home of the International Criminal Tribunal for the former Yugoslavia ICTY , only a short walk away a new institution began preparing indictments for war crimes committed during the Yugoslav wars.
Such a case would be the first of its kind and, if successful, would create a strong message for the universal prohibition of gender-based crimes for all sexual …. Die Verfahren gegen Arab Bank Plc. In dem Fall Jesner v. The reach of intersectionality in Germany has been such that as many disciplinary fields as sociology, cultural studies, ethnology, history, law, philosophy, psychology, migration studies, public policy and of course, gender studies have been touched by it.
Whether approached as a theory, heuristic device, method or conceptual tool, intersectionality has been acclaimed as one of the most powerful contributions to feminist scholarship by a number of authors. Numerous feminist scholars …. And the EU seems to be trying to do something about it. Yet the consensus is that the EU is failing miserably. One of the most effective critiques of the Union on this point is that the position of Romani people has actually gotten worse since their countries joined and they ….
Patricia Tuitt is a UK based legal academic with a sustained track record of teaching, research and strategic management within the field of critical legal studies. She has written extensively on international refugee law and the European Union, engaging critical race and postcolonial perspectives in various contexts. In this interview, she was willing to speak about her understanding of critical race theory and of its significance for international law.
Chris Bambery - Spain's Political Prisoners are the EU's Ignominy | Brave New Europe
These themes deserve their own in-depth analyses, although …. Yet, many of …. Already in the s, Franz Boas and his students began to challenge the Eurocentrism, modernism and colonialism of anthropology. Instead, they acknowledged …. The conquest of Algeria introduced in French law new chapters pertaining to the treatment of indigenous people. In fact, the French Algeria gained the status of department in and then, was incorporated into the territory of France with, normally, the application of the Code Civil, the civil law. However, the colonial authorities developed in parallel a set of laws with the intention to exclude native Algerians from nationality and ….
Nicht nur in Deutschland. Seemingly, these victim classifications all have a racial denominator in common. Yet, how does international criminal law in general and the law of genocide in particular define …. We take inspiration from the important work of critical race theorists who posit that racism is not simply a matter of individual prejudice …. Jackson called for in his opening statement before the International Military Tribunal in Nuremberg. While international criminal law was only applied against German aggressors at that time, the U.
Chief Prosecutor emphasized that the condemnation of aggressive war should be the benchmark for any other nation in …. Meeting the challenges of the 21st century globally linked information-society, it took the EU-institutions more than four years and almost 4, amendments to finally agree on a compromise text. It is accordingly seen as being responsible for the polarization of international relations by many Western States. Moscow tells a different story of the deterioration ….
This piece is about the growing number of politically-motivated charges and convictions against human rights defenders in Russia and the absence of credible monitoring or audit procedures to hold judges and public prosecutors to account for their misconduct. Despite political backlashes to judicial independence in countries such as Hungary and Poland, Europe is generally perceived as a powerhouse for a strong and working justice system in which courts protect human …. In the UN Security Council, the Russian Federation has repeatedly put forward in no uncertain terms its stance regarding humanitarian intervention and its concern that this fairly recent concept may be misused to press Western influence and regime change.
When speaking of the role of Russia in the contemporary international legal debate, it is helpful not only to focus on particular topics and questions, but — as with all other debates — to start with the question, at what levels and in which formats such a legal debate takes place; which actors are actively engaged in it or can actively participate in it, and what impact it has.
Climate change scientists have suggested that there is a high likelihood that the Arctic sea ice cover will get thinner and continue to shrink. Likewise, the Northern Hemisphere spring snow cover is expected to decrease during the 21st century as global mean surface temperature rises. Are the current international legal mechanisms sufficiently equipped to respond to …. A rare mea culpa emanated from the leading international development institution, the World Bank, last week. My main aim is to ….
II. Die Sowjetunion und die DDR
In our first and second post, we have considered the status of the Sea of Azov and Kerch Strait and, on that basis, identified passage rights of Ukraine that could potentially feature in the proceedings before the arbitral tribunal established under Annex VII of UNCLOS. In our present and last post, we inquire if or to what extent these potential Ukrainian claims could fall within the jurisdiction of the arbitral …. Based on …. This is probably the best illustration of ….
In terms of the big picture, even more important is the question whether the country has made any systemic progress in terms of human rights protection while being part of the Strasbourg system. How could the paradox be explained that …. It has been in planning for a while, and we were enthusiastic about the response to our call for contributions.
Politically: Russia, belonging to the five permanent members of the UN Security Council, plays an important role …. Yet, one of the most dividing points in international environmental law has remained untouched: whether — when considering environmental rights and obligations — nature should be the carrier of rights and thus be protected for the sake …. Turkish President R.
Nach knapp 12 Jahren stockend verlaufender Verhandlungen, verbunden mit massivem wirtschaftlichen Druck auf Iran, konnten sich am Dieser Meilenstein, insbesondere in den amerikanisch-iranischen Beziehungen, wurde durch die Wahl des moderaten Kandidaten Hassan Rouhani in …. Oftmals …. At the same time, there are questions that no single discipline can answer.
He also named the challenges on the way forward, particularly the need to avoid competing regulatory initiatives and finding an end to impunity of PMSC. This blog post will continue the discussion and focus on five key challenges for legal scholarship focused on PMSC. Misunderstandings of Legal Terminology As Sossai highlighted, …. Der Fall betraf den Polizeieinsatz vom 9.
Dezember im Zusammenhang mit einem …. Am Ende ging es ganz schnell. In her contribution on the newly created right to tourism, Sabrina Tremblay-Huet convincingly states, that the social and economic phenomenon of tourism has been widely disregarded by the social sciences, law and philosophy due to the focus of the academia on migration.
We invite contributions that address questions of race in various areas of international law, those taking comparative …. The movement of bodies across borders attracts significant media and academic interest. This interest is often directed at specific forms of movement, such as refugees and economic migration. Another form of movement of bodies is having an important environmental, cultural, social and economic impact, albeit more quietly in the human rights realm: that of tourism, most especially mass tourism.
Leisure tourism is not widely recognized as a serious area of …. This symposium is meant to offer insights from scholars working on international law issues related to Russia, to shed light on specific questions from the Russian context, and on Russian perspectives on international law. Russia is among the five permanent members of the United Nations Security Council, occupying a central place in UN law-making and …. At the beginning of the new century there are more constitutional democracies than ever, and authoritarian regimes seems to be weaker, isolated and more ….
Spain found that push-backs to Morocco in the border zone of the Spanish enclave Melilla violated the prohibition of collective expulsion. The decision is important as it concerns the delimitation between legitimate border protection and practices that violate the European Convention of Human Rights ECHR — and thereby the key question in all regulation …. The overwhelming majority of the more than Most of the migrants landing in Italy departed from wartorn Libya. Italy seems to have …. Over the past twenty years a lively debate on the regulation of private military and security companies PMSCs in situations of armed conflict has developed.
The time has come for an appraisal of the rich literature on the phenomenon. This post which is written in the context of the journal cooperation with the Swiss …. As Oklopcic underlines, the past 15 years have …. Scheduled to take place on 1 October , the referendum on the independence of Catalonia looks to be a turning point in the history of the Iberian peninsula; if not a point of no return, then at least the moment after which the relationship between Catalonia and Spain will never again be the same. Though it is hard to predict what will happen on that day—the Spanish Constitutional Tribunal has ….
Professor David Bilchitz in a recent blog considered obstacles concerning access to justice for litigating socio-economic rights in South Africa and potential solutions to overcome these obstacles. He argued that South Africa should i empower individuals to enable them to make claims and ii expand its current …. It aspires to introduce or amplify refreshing and innovative approaches to perennial as well as topical issues in the field. German legal scholarship has a reputation for being quite orthodox. Amid doctrinal sophistication and positivist assumptions, however, lie hidden treasure islands of heterodoxy.
The Academy explored different ways in which law shapes and regulates …. Courts are to many African leaders what models are to soccer stars: they are arm candy, but they are not expected to develop a life of their own, or make anybody look bad in public. Thus, if international courts dare to touch upon issues that actually matter to African elites, they will either be killed off or neutered, or, if this is not possible, states will withdraw from their jurisdiction.
In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing need for us to attempt to find new academic concepts to describe the phenomena that are emerging. These efforts can also help to redefine existing forms of constitutional developments. One increasingly common term used is authoritarian constitutionalism, which seems to fit into the debates of the last decades like global constitutionalism or international constitutionalism, and appears to ….
In July , European citizens set sail in a self-prescribed mission not to bring someone home, but to prevent others from calling Europe home. The loosely affiliated Generation Identity, consisting mostly of activists from Austria, France, Germany and …. Book reviews are perhaps a difficult format for academic writing. After all, what we all like to do best is talk about ourselves and our own ideas and why we are right.
Perhaps this is why so few scholars, in …. Latin American constitutional scholarship is on the rise in the Anglophone world. Am Montag, den The idea and the reality of the Global South represent different types of epistemological challenges to the disciplinary identity of comparative constitutional law. One reason it is an oddity is because of its disciplinary hybridity.
That is to say, it is neither fish nor fowl — it is neither fully a discipline of comparative constitutionalism nor is …. However, as has been noted elsewhere, the term is far from being used in a uniform way. In her recent post, Sabine Witting discusses the case of trafficking that is exclusively committed online.
The South African constitution has been lauded for its inclusion of justiciable socio-economic rights. Yet, making claims flowing from these rights remains inaccessible to many people across the country. This blog post based on a paper being presented at a conference in Berlin on Constitutionalism in the Global South seeks to consider the obstacles relating to access to justice for socio-economic rights claims in South Africa and potential solutions. Transformative constitutionalism is a somewhat fuzzy notion.
Reflecting about its exact meaning, one wonders what it actually is that distinguishes transformative constitutions of other types of constitutions. On the surface, the qualification as transformative signifies that a constitution contains norms that describe a particular aim or status to be reached. In the German context, one might for example think of Article 3 2 of the Grundgesetz requiring the state to …. Authoritarian constitutionalism is a new category used by constitutional law scholars to refer to a distinct type of regime wherein there are faulty practices and a constitution with an authoritarian content.
In this post I introduce a different understanding of authoritarian constitutionalism. For Mark Tushnet, authoritarian constitutionalism is an intermediate normative model between liberal constitutionalism and authoritarianism that …. While scholarship in comparative constitutional law is booming, this anniversary conference is an unusual event in at least two ways: It is asking particularly about the role of the Global South in comparative constitutional law, and it does so with a group of speakers that is mixed, if not dominated by voices from the Global South.
And indeed: This conference is meant to be not just a reflection of current …. We will accompany this conference with an online symposium also featured on the blog of the International Association of Constitutional Law. The symposium is not only intended to make the conference …. More than one year after the dead body of the Italian Ph. The circumstances of his death cast a shadow of suspicion over potential involvement of either Egyptian police forces or secret services in the killing.
Egyptian authorities initially denied any allegations, consistently maintaining unconvincing accounts. The digital era has changed the traditional realm and modus operandi of organised crime, such as human trafficking. With the increasing access to and usage of the internet, major criminal activity has expanded to the online sphere. Law enforcement around the world is however largely not prepared for combatting cybercrime. Many states have not yet reached the capacity of drafting cyber specific legislation. In Africa for example, only 11 states …. Die letzte Rakete ist am The Michigan Guidelines are a document in which legal scholars summarize the existing international laws of refugee protection on one particular aspect.
They are used by courts interpreting the law and thus stand themselves at the threshold of the legal. At any rate the guidelines can frame debates about the legality of state actions in …. Sie tragen die wesentlichen Rechtsvorschriften zusammen …. Michel diesen Punkt subkutan, aber auch explizit, thematisiert. Mit der Argumentationsfigur vom gemeinsamen kulturellen Erbe der Menschheit werden solche Forderungen oftmals …. The case of Piero Foresti, Laura de Carli and others v. Notwithstanding this observation, the ….
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International cultural heritage law is a vast and complex field of research which involves many actors, as the previous contribution by Adrianna Michel shows. In response, we would like to give a couple of thoughts on two of the issues raised by the author: the role of the International Criminal Court ICC , and the role of non-States actors. Unersetzliche …. If the number of female judges in an international tribunal is one out of twenty-one, as in the case of the International Tribunal for the Law of the Sea ITLOS , we can assume that there is a problem.
But, as Nienke Grossman also explains here, because women are just as qualified to serve as …. Jahrhundert …. Although both approaches, the human rights and a more gender-focused feminist one, may have the same goal this is a tricky and crucial distinction to be made. However, any critique of International Courts would be limited without a critical analysis of their output, the all important judgment! Instead of performing the usual academic critique of where the judgment was lacking in some analysis or form, another way to ….
While the International Criminal Court ICC has always been subject to criticism and is maybe currently facing its biggest crisis with member states withdrawing, the things that are actually going quite well must not be forgotten. It is time to reexamine the ICC from a different perspective: the feminist one.
Her scholarship offers statistics about the numbers of women judges, their development over the last years and the respective distribution along nationalities; it examines causes for the exclusion of women, and discusses reasons for claiming a more equal composition of benches. While directly concerned with the representation of women in …. In the upcoming days, we are very glad to host a symposium on feminist critiques of international courts. Where to begin when introducing this topic? There is much to say about the particular role of international courts for international law, and equally much about the role of feminist perspectives for international law.
Courts are not just institutions, in which a decision is rendered about the interpretation of law in a …. As to the US claims on the violation of the Nuclear Deal, reached ….
Nach der Wahl in Russland: Schröder: Putin weiter „lupenreiner Demokrat“
In der Nacht vom 6. Syrien bestreitet allerdings den Einsatz …. I could not be happier that this book symposium turned out to be a forum for such wide-ranging and critical commentary about targeted killing. All contributors offer nuanced readings of my book while extending the analysis in several significant directions.
In appreciation of both these aspects I want to use this opportunity for a brief response to describe the scope of the book — drawing on the contributors reading of …. Im Gegensatz zu seinem amerikanischen Amtskollegen gilt …. With these disclosures, the apparently extra-legal killing of bin Laden took on a second life as a hyper-legal killing; a killing authorised by precedent and legal …. When the US Pentagon confirmed the use and deployment of depleted uranium munition in Syria, an armed conflict having by far exceeded the level of a civil war, on the 16th of February , it did not take long for public outcry to follow.
On a clear November morning in , Hussein Abayat, a senior official in the Fatah faction Tanzim, was killed by a hellfire anti-tank missile fired from an Israeli helicopter. When the incident was announced later that day, instead of the regular official denial of any direct involvement by Israel in the attack, the Israeli defense minister went on live radio, openly boasting that the IDF did it. On 14 March the CJEU upheld the banning of the visible display of any political, philosophical or religious sign in the workplace.
As a future consequence, European companies may introduce certain rules to prohibit other religious, political and philosophical symbols. The cases involved two female employees in France and in Belgium, who were dismissed for refusing to remove their headscarves which covered their hair and neck, but left the …. Offering a meticulous account of history and practice, the book highlights the law and politics of protection in the dispute on killing to protect. Targeted killing is a response to the …. Both the descriptive accuracy and normative implications of this position have been challenged.
One of the difficulties of trespassing disciplinary ….
The case has set Israeli public debate ablaze for almost a year now, and was widely reported abroad. As a video released by the human rights group Betselem revealed, Abd Al Fatah A-Sharif was wounded and lying, face down, when Azaria approached and shot a bullet through his head. A-Sharif had stabbed an …. Markus Gunneflo is a postdoctoral researcher and lecturer in public international law at Lund University in Sweden.
In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …. The Nuremberg trial often stands as a nostalgic memory in the minds of international criminal lawyers. Two principal questions guide the reader through the book: Can history be judged, and if so, by what means? And can accountability mechanisms and the applicable law ever be neutral given their historically influenced evolution? Priemel questions the success of Nuremberg, given its selective focus on only certain parts of ….
Februars nach …. A response to Lorraine Elliott Transnational environmental crime is both a challenging reality and a legal concept in the making. From an international law point of view, this concept is currently being defined by soft law instruments that are transmitting normative expectations about the way States may address it rather than prescribing legal provisions. These instruments are paving the way for the future development of international agreements and play an …. The authors and editors of the special issue on sovereign debt restructuring are highly grateful to the contributors to this symposium on sovereign debt for their thought-provoking contributions.
As I have highlighted in my initial post, this special issue is as much about improving the current practice of sovereign debt restructuring as it is about legal engineering — in this case, about instigating incremental progressive development in a crucial policy …. This post continues the earlier part I. As the 19 January deadline approached, without Jammeh showing any inclination to resign, the crisis deepened. In keeping with the timetable foreseen in the Gambian constitution, …. The crisis had started to unfold ….
Millions of dollars worth of smuggled elephant ivory intercepted by customs officers each year, shipping containers filled with hundreds of tonnes of illegally traded pangolin scales and kiln-dried geckoes, forests plundered for high-end timber species, rampant criminality in the fisheries sector, and the illegal disposal of hazardous waste across borders: in a report released in June , INTERPOL described environmental crime as a growing international problem that threatens natural resources, ….
Staying of enforcement plays a topical role in sovereign debt litigation as enforcing a debt claim may have a negative impact on the dynamics of restructuring processes and the regular functioning of financial markets for sovereign debt. As a response to this problem, in January the United Nations Conference …. In the context of domestic insolvency laws, this evaluation is made possible and enforceable through detailed priority structures designed to favor certain creditor groups over other.
When the debtor is sovereign, however, creditor priorities are only …. Events of historic proportions often feel anti-climactic. The exchange was not purely voluntary, since the majority of bonds were subjected to Greek law and an amendment made the offer compulsory for …. The Point of Departure Regionalism continues to increasingly develop in various fields of law. Abdoulaye Soma, who acknowledges the birth of an African international criminal law, analyses one of its specificities: the crime of unconstitutional changes of government.
Anyone interested in legal issues surrounding sovereign debt should pay careful attention to the last special edition of the Yale Journal of International Law in which a framework is set forth to ensure the progressive development of orderly sovereign debt restructurings SDRs. The sovereign debt crises in the Eurozone, in Argentina, or in Ukraine have highlighted that the current international legal regime on sovereign debt is ill equipped to resolve the bankruptcy of nation states.
Yet, when it comes to possible reforms, policy-makers and experts have been divided over two opposing solutions: A contractual one, which favors contractual clauses enabling a majority of the creditors of a sovereign bond to restructure it, …. But the picture across the continent is more complex. While some African states have clearly rejected the Court, the majority remain members. More fundamentally — what is the best way of studying international criminal justice and its effects ….
Fulda geht auf Parallelen und Unterschiede ein, vergleicht …. Die UN und das Prinzip der kollektiven Sicherheit sind aus der heutigen Weltpolitik nicht mehr wegzudenken. Dort wurden sie Koine Eirene griech. Ist unser heutiges globales Friedenssystem nur eine Kopie der Antike? Im Jahre feierten wir 70 Jahre Vereinte …. Since October , the German Historical Museum has been dealing with the past and presence of German colonialism in a special exhibition see here — for the first time ever.
But German colonialism is not only a dusty artefact exposed in some German museum. Instead, it continues to haunt the German State in the form of claims for reparations by the descendants of the victims of colonial injustices. While German …. Kein Wunder, dass Verfechter der Menschenrechte zuweilen die …. Der He takes issue with the legal nature of the referrals, in which he finds the legitimation of a double standard of international justice in the Rome Statute. He also sees a double standard in the referrals themselves.
That is, the referrals under Article 13 b are …. The Council has done so for the first time in in the case of the atrocities committed in the brutal civil war in Darfur, Sudan. That referral resulted inter alia in two open arrest warrants …. The digital revolution is hitting the shores of academic publishing. Online resources increasingly gain ground, and open access has become the call of the day — and a hotly debated issue. Political and academic initiatives favor and fund open access, for instance the digital strategy of the German Ministry of Education and Research or the Open Access initiative of the Max Planck society.
For its advocates, open access promises …. Here we are. It could seem a bit obvious to start with this overwhelming event, but it is truly important to stress that the recent results of the US elections will have far reaching consequences in many fields of international law, including the one that this post is dealing with: the yet unsettled complex set of issues of extraterritoriality with respect to surveillance practices. Indeed, one of the foreseeable developments …. Schon seit dem Urteil Klass gg. Have you ever paid for surveillance measures?
Not indirectly through taxes, rather directly? And have you ever installed the measures in your home? If you think that this is an absurd question, do read this blog post. It relates to four trends I would like to point out to you: the constant development of the internet of things IoT adds a whole new dimension to the problem of surveillance 1. In this short piece I will argue that international law, in order to gain access to its revolutionary potential, needs to create a new linguistic opening.
This linguistic opening needs to be located within the expression as opposed to content of international law. In this sense this piece is not situated on the continuum of the existing international law and literature studies. It also develops an argument different from widely …. Latin America is a peculiar region in relation to protection through asylum. However, among the Arab states, only Egypt and Yemen have signed the Geneva Convention of on the status of refugees. While nation states in the West have long offered the possibility of full citizenship to immigrants and refugees, it is surprising that the ….
Since the s, the southern border of the United States — spanning miles of international border between the United States and Mexico — has been the site of significant migration from Central America. Over one million Central American refugees crossed into the United States from the late s to the early s to escape civil wars in Guatemala and El Salvador, while thousands more went to Canada, Mexico, Costa ….
Migration recently has been discussed in a very negative context. As Europe and the US moved towards right, we have to rethink human mobility and push for informed debates. Terminology used to describe migration and refugees is old, out dated and problematic. They were largely designed for the Cold War era and for a special category of people. The Geneva Convention had set the ground rules for treating refugees.
This is surprising, given the vital importance of land, a finite resource, for a variety of human rights. They expect to be found guilty and receive sentences of 12 to 25 years. They expect the European Court to squash those verdicts but that will take several years. By then Carme will be Jordi and his partner are having a new baby. She or he will be growing up and their son has had not been with his dad at home since he was a baby. This trial is an affront to democracy. And Brexit is set to make things worse. According to Pettifor Global bankers and financiers are to blame for the rise of populist and fascist political parties after the Great Financial Crisis and are already leading us to the next financial disaster.
Ann […]. The EU wants to fight climate change — so why is it spending billions on a gas pipeline? Article Chris Bambery. July 19, Mathew D. May 23, Mathew D. Climate Change. February 11, Mathew D. Rose Climate Change , Energy , Sustainability 0. Be the first to comment Leave a Reply Cancel reply Your email address will not be published.