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Article Archive for Year 2010

Inter-American Court of Human Rights Rules on Irregular Migrants' Rights

30/12/2010 – 3:13 am | Comments Off on Inter-American Court of Human Rights Rules on Irregular Migrants' Rights

We conclude this year with some good news from the Inter-American Court of Human Rights in Costa Rica, which just handed down a landmark case regarding the human rights of irregular migrants.
In the case Vélez Loor v. Panamá, published 10 December 2010, the Court held that Panamá was liable for a breach of the American Convention on Human Rights for the deprivation of liberty of …

Response to the Request for Provisional Measures in the M/V Louisa Case

23/12/2010 – 5:27 pm | Comments Off on Response to the Request for Provisional Measures in the M/V Louisa Case

I have previously reported on this blog (here) on the dispute between Saint Vincent and the Grenadines on the one hand and Spain on the other hand concerning the arrest and detention the M/V Louisa and its tender, the Gemini III.  The International Tribunal for the Law of the Sea gave its order on provisional measures today (23 December 2010).  In a pretty insipid Order, …

Max Planck Encyclopedia – December Upload

15/12/2010 – 9:48 am | Comments Off on Max Planck Encyclopedia – December Upload

The Max Planck Encyclopedia of Public International Law has been updated with 41 new articles, and an additional 37 existing articles have also been updated.  These updates include new articles in subject categories of the Use of Force and International Humanitarian Law. New articles of note include Refugees, International Law of Cooperation, and Cyber Warfare. A revised entry on Piracy has also been included. The total number of …

Past and Present of Corporate Complicity for Financing Human Rights Abuses: The Relevance of the Cassese report

15/12/2010 – 6:47 am | Comments Off on Past and Present of Corporate Complicity for Financing Human Rights Abuses: The Relevance of the Cassese report

The following is a guest post by Professor Juan Pablo Bohoslavsky. Dr. Bohoslavsky is currently the Program Director for the LL.M in Global Administrative Law at the University of Rio Negro, in Patagonia, Argentina. He also works as a legal consultant for the UN Economic Commission for Latin America and the Caribbean.
He earned his Ph.D. at the University of Salamanca (2007) and a European Doctorate after …

Salzburg Global Seminar on Islamic and International Law: Searching for Common Grounds

08/12/2010 – 11:09 pm | One Comment

The following is a guest post by Louise Dear, Ph.D. candidate at St Antony’s College, University of Oxford, working on human rights and Islamic law in the UK.
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From the 14-19 November 2010 Muslim scholars and jurists, international lawyers, and academics converged in the Schloss Leopoldskron in Salzburg, Austria, to engage in discussion aimed at fostering critical academic research across the traditions of Islamic and …

Guest post by Louise Dear

08/12/2010 – 11:03 pm | Comments Off on Guest post by Louise Dear

International Law Observer is glad to announce a guest post by Louise Dear.
Louise Dear is a Ph.D. candidate at St Antony’s College, University of Oxford, working on human rights and Islamic law in the UK. She formerly worked as research associate for the United Nations Development Programme in Ramallah, as legal intern for the Palestinian Centre for Human Rights in …

Draft Guiding Principles on Business and Human Rights

07/12/2010 – 1:07 pm | Comments Off on Draft Guiding Principles on Business and Human Rights

A number of authors on this blog have followed the progress of the human rights and business agenda at the United Nations over the past few years (e.g. here and here).  The work of the UN Special Representative on Business and Human Rights is coming to a culmination as his mandate expires in 2011.  With this in mind, the Special Representative has published draft Guiding Principles for …

Prompt release of research vessels: MV Louisa

01/12/2010 – 4:39 pm | Comments Off on Prompt release of research vessels: MV Louisa

The latest case to come before the International Tribunal for the Law of the Sea raises some interesting questions about the availability of prompt release proceedings for vessels arrested for violating laws and regulations in the exclusive economic zone of a coastal state.  The case has been initiated by Saint Vincent and the Grenadines following the arrest of the MV Louisa, a research vessel flying …

The EU Court of Justice rules on terrorism and refugee status

14/11/2010 – 4:34 pm | One Comment

The Court of Justice of the European Union has judged that refugee status cannot be automatically refused for having been a member of a terrorist group.  
The following summary is from ECRE – European Council on Refugees and Exiles (www.ecre.org):
“In its ruling on 9 November in combined cases C-57/09 and C-101/09, the Court of Justice of the European Union (CJEU) declared that being a former member of …

Protecting Environmental Migrants: Findings from the UNU-EHS Summer Academy

11/11/2010 – 3:13 pm | One Comment

Introduction
 The United Nations University – Institute for Environment and Human Security (UNU-EHS) organizes every year a Summer Academy on Social Vulnerability.[1] This year’s Academy, which took place from 25 to 31 July in Hohenkammer (Munich), focused on the protection of environmental migrants from a policy perspective. Twenty PhD researchers from thirteen countries and experts from academia, UNHCR, IOM, the European Commission and the Council of …

William A. Schabas, The International Criminal Court: A Commentary on the Rome Statute, Oxford University Press, March 2010

03/11/2010 – 7:09 am | 2 Comments

(William A. Schabas, The International Criminal Court: A Commentary on the Rome Statute, Oxford University Press, March 2010, ISBN 978-0-19-956073-8, 1336 pp.)
Schabas’s Commentary to the Statute of the International Criminal Court (ICC or Court) is an excellent addition to that fine scholarly tradition established by the Oxford Commentaries on International Law. Written by a highly regarded and prolific author, William Schabas, who has been involved …

Symposium on current topics of IHL in Beijing

01/11/2010 – 7:19 am | One Comment

On 23 October I had the opportunity to participate in a symposium on ‘Current Issues relating to International Humanitarian Law’ organized by the ICRC and the Chinese Society of International Law and hosted by the Chinese University of Foreign Affairs in Beijing. The symposium was opened by Mr. Li Shishi, President of the Chinese Society of International Law and Thierry Meyrat, Head of Delegation, ICRC …

Council of Europe Report on Human Rights and Business

16/10/2010 – 12:03 pm | One Comment

Council of Europe has recently published a report on human rights and business. It was prepared by rapporteur Mr Holger Haibach. Here is the summary:

With globalisation, large multinational companies have faced charges that they are violating human rights, especially in developing countries: child labour in the textile industry, environmental disasters caused by the oil industry, or breaches of the right to privacy by telecommunication companies are …

In Memoriam: Louis Henkin

15/10/2010 – 7:01 am | One Comment

According to the report of the American Society of International law, a well-known scholar of international law, Professor Louis Henkin, has just passed away. It is more so sad for me as I agreed to write on Henkin’s work in the series called the Alumni of the Invisible International College that the International law Observer will soon start posting on.  I familarised myself more with his great work with which …

UN landmark decision: right to water and sanitation is legally binding

14/10/2010 – 9:16 am | 2 Comments

At its last session, the UN Human Rights Council affirmed that the right to water and sanitation is legally binding: “The human right to safe drinking water and sanitation is derived from the right to an adequate standard of living and inextricably related to the right to the highest attainable standard of physical and mental health, as well as the right to life and human …

Functional Immunity for Defence Counsel

10/10/2010 – 12:37 pm | Comments Off on Functional Immunity for Defence Counsel

On 6 October 2010 the ICTR Appeals Chamber  released its decision on the request of Aloys Ntabakuze regarding the arrest of his lead counsel, Peter Erlinder. Erlinder was arrested on 28 May 2010 in Kigali, Rwanda, on charges of ‘genocide denial’. At the time of arrest Erlinder was in Rwanda on reasons unrelated to his work as Counsel at the ICTR.
On the 15th of June …

Measures for the Enforceability of State Obligations under the ICCPR: The Case of Israel

08/10/2010 – 10:24 am | Comments Off on Measures for the Enforceability of State Obligations under the ICCPR: The Case of Israel

In mid July 20210, Israel underwent its third periodic review by the Human Rights Committee as a State party to the ICCPR. As in previous reviews, one of the main issues that came up in Israel’s reporting to the Human Rights Committee is the fact that Israel continues to refuse the application of the Covenant in the Occupied Palestinian Territory (OPT). During this session too, Israel …

UN Reports on Israel Highlight a Manifest Culture of Impunity

08/10/2010 – 9:50 am | Comments Off on UN Reports on Israel Highlight a Manifest Culture of Impunity

On 21st and 22nd September, 2010, respectively, two reports were issued by two separate but circumstantially related missions appointed and mandated by the Human Rights Council to investigate violations of international law in the context of the Palestine-Israel conflict. The reports were submitted in the course of the Council’s 15th session, which recently took place in Geneva.
The first report, submitted to the Council on 21 …