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No week passes without a newspaper article, television news or a documentary describing the plight of “climate refugees”. In this post, I would like to explain why, in my opinion, “survival migrants” is a more adequate term than “climate refugees” from a humanitarian and legal protection perspective. Secondly, I would like to examine to what [...]
Filed under: Environmental Law, Guest Blogging, Human Rights, International Environmental Law, International Humanitarian Law | 1 Comment »
International Law Observer is pleased to welcome Michèle Morel as guest contributor. Michèle is currently undertaking PhD studies at Ghent University, Belgium, Faculty of Law, Department of Public International Law, into the topic of “environmental migration” (more specifically the interplay between International Human Rights Law and Refugee Law). Prior to commencing her PhD work, Michèle [...]
Filed under: Environmental Law, Guest Blogging, Human Rights | Leave a Comment »
I’d like to take this post and discuss the problem of unintended consequences. It is a problem which plagues the rules governing antiquities and stolen art, but also international law generally. To begin we can take a few prominent examples. First, the United States has waged a decades-long “War on Drugs”, in which it has [...]
Filed under: Guest Blogging, International and national law | Leave a Comment »
As in the previous years International Law Observer is proud to support this year’s Blog Action Day coming up on 15 October. Blog Action Day is an annual event that unites the world’s bloggers in posting about the same issue on the same day. The aim is to raise awareness and trigger a global discussion [...]
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There have been a few interesting posts on our blog and elsewhere on two distinct, but related issues. That is the importance of international law and its place in the university curricula. First I just wanted to expand a little on what my fellow co-blogger Ole W. Pedersen wrote in the last post on 18 [...]
Filed under: Public International Law, Scholarship, University | Leave a Comment »
I thought that for my first post it would be apposite to discuss a component of my doctoral research. This post will therefore focus upon the Responsibility to Protect doctrine or, “R2P”, as it has become known (for earlier posts on the R2P see here). This post considers the most recent institutional development which R2P [...]
Filed under: Human Rights, Public International Law, Responsibility to protect, United Nations | Leave a Comment »
Once again we are delighted to announce that our team is expending: starting today Jennifer Dee Halbert, a Ph.D. candidate in international law at Swansea University, is joining our ranks. Her research is on the topic of ”The Responsibility to Protect Minority Populations” and examines whether R2P may be viably applied as a minority protection [...]
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This week marks the 150th anniversary of the birth of American philosopher John Dewy. Although not terrible relevant to international law per se, Dewey’s contribution to philosophy stretches a wide range of areas relevant to the law. Of interest to international lawyers would be Dewey’s work on democracy emphasising the deliberative role of individuals (not [...]
Filed under: Scholarship, Uncategorized | Leave a Comment »
In Saadi v Italy, the European Court of Human Rights held in 2008 that article 3 of the European Convention on Human Rights prohibits expulsion of individuals to states where they would face a “real risk” of torture, inhuman or degrading treatment. In other words, the Court held that serious threats to the community presented [...]
Filed under: Europeam Court of Human Rights, Human Rights, Regional Human Rights, Regional Human Rights Protection | Leave a Comment »
As my first post I thought it appropriate to reflect on the September 2008 Kadi judgment of the ECJ, in which the Court held an EC Regulation to be in violation of fundamental rights.[i] What was fundamental to Kadi was that the EC Regulation at issue directly transposed a Chapter VII Security Council Resolution dealing [...]
Filed under: EC-Law, EU-Law, EU/EC Law, Public International Law | Leave a Comment »
International Law Observer is pleased to announce the expansion of the team of authors. Starting today Lawrence Hill-Cawthorne from Oxford will be joining the team of authors. Lawrence received his LL.B. at the London School of Economics – where he worked on international criminal law research under Christopher Greenwood - and his master’s degree in public international law [...]
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The Report of the UN Fact-Finding Mission on the Gaza Conflict headed by Justice Richard Goldstone was released on 15 September 2009 together with a set of recommendations by the mission’s experts for the way forward in bringing justice to victims and perpetrators to justice (our previous coverage of the fact-finding mission’s work can be [...]
Filed under: Human Rights, International Humanitarian Law, Middle East Crisis, Public International Law, United Nations | Leave a Comment »
According to the Environment News Service (ENS), the 1987 Montreal Protocol on Substances That Deplete the Ozone Layer, a protocol to the 1985 Vienna Convention for the Protection of the Ozone Layer, achieved universal ratification this week when the prime minister of Timor-Leste ratified the Protocol. This is the first time ever that a multinational [...]
Filed under: Environmental Law, History of International Law, International Environmental Law | Leave a Comment »
There are a plethora of domestic and international laws which aim to stem the illicit trade in works of art and antiquities. Unfortunately they are not working at stemming the illicit trade. As Colin Renfrew, a prominent English Archaeologist has argued, in the decades since the 1970 UNESCO Convention on the Means of Prohibiting and [...]
Filed under: Public International Law | 1 Comment »
In yesterday’s Foreign Policy, Eric Posner has a brief piece on what he sees as some of the misunderstandings of international law. It looks as if the piece builds on the Limitations of International Law which he wrote some years back with Jack Goldsmith and draws on his most recent and forthcoming book The Perils [...]
Filed under: International and national law, literature, Public International Law, Publications | Leave a Comment »
First off, many thanks to Ole and everyone here at International Law Observer for the kind invitation to post a little bit about my research on cultural heritage law. I’d like to begin by thinking about how and why we choose what to teach and study. I was interested to read the recent discussion of [...]
Filed under: Guest Blogging, International and national law, Public International Law, Scholarship, University | Leave a Comment »
International Law Observer is pleased to welcome Dr Derek Fincham as guest writer for the next few days. Derek currently serves as a Westerfield Fellow at Loyola Law School, New Orleans, where he teaches Property Law and Heritage and Legal Research and Writing. He holds a BA in history from University of Kansas, a JD [...]
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A warm welcome to the blogosphere to Human Rights in Ireland which is, as the name indicates, a new blog dedicated to human rights issues in Ireland. The contributors to the blog come from a wide range of mainly legal backgrounds (and count my good friends Aofie O’Donoghue and Colin Murray) all with some connection [...]
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All those who are familiar with the international law related blogosphere know that it has been growing immensely over the last years. More and more researchers, especially young and aspiring scholars active in the field of public international law, have learned about the advantages of using blogs to get the message out, to engage in [...]
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Maybe if Barroso is re-elected and gets his way. EU Observer has the story.
Filed under: EC-Law, EU-Law, EU/EC Law, Regional Human Rights | 1 Comment »
A brief follow-up on the ECJ’s Kadi decision and the Court of First Instance’s (CFI) – slightly less famous – PMOI decisions we reported earlier on (see here, here and here). The Kadi decision dealt with an EU regulation implementing a UN blacklist which provided for the freezing of financial means of suspected Al Quaida [...]
Filed under: EC-Law, ECJ, ECtHR, Environmental Law, EU-Law, EU/EC Law, Human Rights, Regional Human Rights, Regional Human Rights Protection | Leave a Comment »
Introduction On 9 July 2009 the Swedish government rendered an affirmative decision on whether or not to extradite a Rwandan citizen to Rwanda due to his suspected involvement in the 1994 genocide. The decision by the Swedish government was the first of its kind of a European State and the implementation was stopped only after [...]
Filed under: ECtHR, Human Rights, Regional Human Rights | Leave a Comment »
On International Law Reporter, Prof. Cogan links to a short piece by Ingrid Wuerth describing the recent settlement reached in the lawsuit before a district court in New York filed under the Alien Tort Statute by the relatives of Ken Saro-Wiwa against Shell. We have previously blogged about the case here.
Filed under: Africa, Corporations in International Law, Environmental Law, human rights and business | Leave a Comment »
Anja Seibert-Fohr, Prosecuting Serious Human Rights Violations, New York: Oxford University Press, 2009 (ISBN-10: 0199569320; ISBN-13: 978-0199569328) As part of covering relevant literature for our section of the blog featuring interesting new publications I have had the opportunity to review the book Prosecuting Serious Human Rights Violations by Anja Seibert-Fohr. In the foreword to the [...]
Filed under: Book review, ECtHR, Europeam Court of Human Rights, Human Rights, International Criminal Law, Regional Human Rights | Leave a Comment »
