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Article Archive for June 2013

New OSF Report – From Rights to Remedies: Structures and Strategies for Implementing International Human Rights Decisions

29/06/2013 – 10:17 am | Comments Off on New OSF Report – From Rights to Remedies: Structures and Strategies for Implementing International Human Rights Decisions

Too often, the decisions and recommendations of international legal bodies charged with protecting human rights are ignored by states unable or unwilling to implement them.
The newest Open Society Foundations report, From Rights to Remedies, explores these challenges by examining how international human rights decisions and recommendations are implemented at the national level. It analyzes the strategies and structures—within the executive branch, legislatures, and domestic courts—that …

The Council of the European Union finance ministers reach agreement on how to force losses on creditors of failed banks

28/06/2013 – 9:12 am | Comments Off on The Council of the European Union finance ministers reach agreement on how to force losses on creditors of failed banks

The Council yesterday has set out its position on a draft directive establishing a framework for the recovery and resolution of credit institutions and investment firms (11148/1/13 REV 1). The Council called on the presidency to start negotiations with the European Parliament with the aim of adopting the directive at first reading before the end of the year.

The proposed directive is aimed at providing national …

Australia’s whaling case against Japan begins in the International Court of Justice today

26/06/2013 – 10:52 am | Comments Off on Australia’s whaling case against Japan begins in the International Court of Justice today

On 31 May 2010, Australia instituted proceedings against Japan, alleging that “Japan’s continued pursuit of a large-scale program of whaling under the Second Phase of its Japanese Whale Research Program under Special Permit in the Antarctic („JARPA II‟) is in breach of obligations assumed by Japan under the International Convention for the Regulation of Whaling („ICRW‟), as well as its other international obligations for the …

Gross v. Switzerland: the Swiss regulation of assisted suicide infringes Article 8 ECHR – 14 May 2013

26/06/2013 – 7:56 am | Comments Off on Gross v. Switzerland: the Swiss regulation of assisted suicide infringes Article 8 ECHR – 14 May 2013

One month ago the ECtHR held, by majority, that there has been a violation of art. 8 ECHR because the Swiss regulation of assisted suicide was too vague as to the extent of the right to obtain a lethal dose for assisted suicide. The decision is not final.
The case concerned the complaint of an elderly woman, Alda Gross, who wished to end her life, but …

Latest volume of Netherlands Yearbook of International Law (December 2013) is now available online

25/06/2013 – 4:54 pm | Comments Off on Latest volume of Netherlands Yearbook of International Law (December 2013) is now available online

The newest volume of the Netherlands Yearbook of International Law is now available on Cambridge Journals Online (press to re-direct to link). This volume has been devoted and focuses on the legal equality of states, a fundamental principle of international law. The contributions in this special volume examine this principle in today’s international law context, while engaging also with Pieter Kooijmans’ book “The Doctrine of …

New issue of International Review of the Red Cross (June 2012) is available on Cambridge Journals Online

25/06/2013 – 4:33 pm | Comments Off on New issue of International Review of the Red Cross (June 2012) is available on Cambridge Journals Online

A new issue of the International Review of the Red Cross, volume 94, issue 886 – New Technologies and Warfare, 2012, is available online on Cambridge Journals Online (press for re-direction to link).
From the Table of Contents:
Editorial: Science cannot be placed above its consequences, Vincent Bernard;
Cyber conflict and international humanitarian law; Herbert Lin ;
Some legal challenges posed by remote attack, William Boothby;
Pandora’s box? Drone strikes …

New Edition: Max Planck Private Law Research Paper Series

23/06/2013 – 7:38 pm | Comments Off on New Edition: Max Planck Private Law Research Paper Series

New Edition online: MAX PLANCK INSTITUTE FOR COMPARATIVE & INTERNATIONAL, PRIVATE LAW RESEARCH PAPER SERIES, Vol. 3, No. 3: Jun 18, 2013.
Table of Contents
Europäisches Gesellschaftsrecht im Lichte des Aktionsplans der Europäischen Kommission vom Dezember 2012 (European Company Law in the Light of the Action Plan of the European Commission of December 2012)
Klaus J. Hopt, Max Planck Institute for Comparative and International Private Law, European Corporate Governance …

Lawyer for Gaddafi son accuses Libya of defying ICC

23/06/2013 – 7:23 pm | Comments Off on Lawyer for Gaddafi son accuses Libya of defying ICC

The lawyer for Saif al-Islam Gaddafi, the son of Libya’s deposed leader Muammar Gaddafi on Tuesday accused Libyan officials  of defying the International Criminal Court (ICC) by announcing that Saif al-Islam’s trial would begin in August. John Jones, Saif al-Islam’s lawyer, fears that his client will be given the death penalty in Libya, and will have no opportunity for appeal. Jones asked the ICC to …

UN High Commissioner for Human Rights urges Myanmar to combat ethnic, religious discrimination

23/06/2013 – 7:10 pm | Comments Off on UN High Commissioner for Human Rights urges Myanmar to combat ethnic, religious discrimination

GENEVA (19 June 2013) – UN High Commissioner for Human Rights Navi Pillay on Wednesday urged the government of Myanmar to devote urgent attention to tackling the continuing discrimination against ethnic and religious minorities in the country, warning that failure to act could undermine the reform process.
“Myanmar today can act as a source of inspiration by showing how governments can be transformed by a renewed …

Mechanism for International Criminal Tribunals (MICT) to begin work in The Hague

23/06/2013 – 6:55 pm | Comments Off on Mechanism for International Criminal Tribunals (MICT) to begin work in The Hague

The launch of the Hague Branch of the Mechanism for International Criminal Tribunals (MICT) will be marked by a ceremony to be held at 11 am on 1 July 2013 at the seat of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague.

The ceremony will feature a keynote speech from United Nations Under-Secretary-General for Legal Affairs Patricia O’Brien. Senior officials from both …

Conference: “Judgments of the European Court of Human Rights – Effects and Implementation”

22/06/2013 – 8:36 pm | Comments Off on Conference: “Judgments of the European Court of Human Rights – Effects and Implementation”

Georg-August-University of Goettingen, Institute for International Law and European Law
CONFERENCE ANNOUNCEMENT
“Judgments of the European Court of Human Rights – Effects and Implementation”
Paulinerkirche in Goettingen/Germany on 20-21 September 2013
The conference will bring together academics and legal practitioners, including judges of the European Court of Human Rights, Constitutional Court judges from different countries, as well as practitioners to consider new ways of enhancing the interplay between the …

Call for papers: The Legalization of Culture and the Enculturation of Law

22/06/2013 – 1:57 pm | Comments Off on Call for papers: The Legalization of Culture and the Enculturation of Law

Centaur Jurisprudence: The Legalization of Culture and the Enculturation of Law
Friday 21 February 2014, McGill Centre for Human Rights and Legal Pluralism, Montreal
OVERVIEW: Many claims to justice ask law to be responsive to the lived experiences of those to and through whom it is applied. “Culture” is one label attached to collective forms of this lived experience. But what does it mean for courts and …

New Edition: International Journal of Discrimination and the Law

21/06/2013 – 7:15 pm | Comments Off on New Edition: International Journal of Discrimination and the Law

A new issue of International Journal of Discrimination and the Law is available online: March 2013; Vol. 13, No. 1
The below Table of Contents is available online.
 
Editorial
Susan Easton, International Journal of Discrimination and the Law 2013;13 3
 
Articles
Legislating language in the name of national unity: An Oklahoma story
Donathan Brown, International Journal of Discrimination and the Law 2013;13 4-17
 
Rights, obligations and the making of modern immigration laws
Amardo …

New Edition: International Journal of Cultural Property

21/06/2013 – 6:52 pm | Comments Off on New Edition: International Journal of Cultural Property

New issue on International Journal of Cultural Property is available on Cambridge Journals Online
 
INTERNATIONAL JOURNAL OF CULTURAL PROPERTY, VOLUME 20 – ISSUE 02
Articles
The Illicit Antiquities Trade as a Transnational Criminal Network: Characterizing and Anticipating Trafficking of Cultural Heritage
Peter B. Campbell
International Journal of Cultural Property, Volume 20, Issue 02, May 2013, pp 113-153
doi: 10.1017/S0940739113000015, Published online by Cambridge University Press 19 Jun 2013
 
UNESCO and the Fate of the …

The Winners of The Hague Prize 2013

21/06/2013 – 4:15 pm | Comments Off on The Winners of The Hague Prize 2013

This year, The Hague Prize for International Law will be awarded to the Egyptian Professor Georges Abi Saab and the British Professor Sir Elihu Lauterpacht.
Since 2002, the prize is awarded every two years to individuals or organisations that have made an outstanding contribution to the development of public or private international law or to the advancement of the rule of law in the world. Amongst …

UN High Commissioner for Human Right urges Hungary to revoke constitutional amendments

21/06/2013 – 1:29 pm | Comments Off on UN High Commissioner for Human Right urges Hungary to revoke constitutional amendments

UN High Commissioner for Human Rights Navi Pillay urges the Hungarian government to revoke constitutional amendments that have been widely criticised by international and regional human rights bodies as representing a backward step in human rights protection and undermining constitutional justice.
The High Commissioner ‘s call to the Hungarian government came after the Venice Commission  released a report expressing concern that the new constitution does not afford enough protection for fundamental human …

ICC commissions an independent external review of the allegations of sexual assault

21/06/2013 – 11:40 am | Comments Off on ICC commissions an independent external review of the allegations of sexual assault

​The Registrar of the International Criminal Court (ICC) has commissioned an independent external review of the allegations of sexual assault of four individuals under the ICC’s protection programme by a former staff member working in the Democratic Republic of the Congo (DRC). This decision follows the completion of an initial internal inquiry that was announced on 12 April 2013. The ICC is determined to address …

Updates on the ICC proceedings concerning the Libyan challenges to the admissibility of the case against Saif Gaddafi and Adbullah Al-Senussi

17/06/2013 – 11:24 pm | Comments Off on Updates on the ICC proceedings concerning the Libyan challenges to the admissibility of the case against Saif Gaddafi and Adbullah Al-Senussi

This is an overdue post concerning recent developments in the Libyan situation before the ICC and more specifically the admissibility challenges in the cases against Saif Gaddafi and Abdullah Al-Senussi. On 31 May 2013 Pre-Trial Chamber I (or Chamber) of the International Criminal Court (ICC) rejected Libya’s challenge under article 19 of the Rome Statute to the admissibility of the case against Saif Gaddafi. A summary …