A Critical Discussion of the Second Turkel Report and How It Engages with the Duty to Investigate Under International Law

2014 ◽  
pp. 119-145 ◽  
Author(s):  
Michelle Lesh
Keyword(s):  
International Law ◽  
Critical Discussion

The Juridical Expression of the Sacred Trust of Civilization (1971)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
South Africa ◽  
International Law ◽  
The United States ◽  
Critical Discussion ◽  
Second Phase ◽  
International Court Of Justice ◽  
International Court ◽  
South West Africa ◽  
Mandate System

This chapter examines the principle of the sacred trust of civilization in nineteenth-century international law. The establishment of the principle of the sacred trust of civilization is strictly connected with the transfer by the African communities of their territory, their sovereignty, and their destiny to the European Powers, which, through the relevant transactions, assumed the role of guardians of these communities. The chapter looks at the International Court of Justice’s decision in the second phase of the South West Africa Cases (Ethiopia v. South Africa and Liberia v. South Africa) on 18 July 1966. It also considers participation by the United States in the Berlin Conference of 1884–1885. Such an examination enables a critical discussion of the restrictive view expressed by the International Court of Justice to the effect that the mandate system is the sole juridical expression of the principle.

Some Thoughts on Centring Pan-African Epistemic in the Teaching of Public International Law in African Universities

2019 ◽  
Vol 21 (2) ◽  
pp. 170-189 ◽  
Author(s):  
Babatunde Fagbayibo
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Critical Discussion ◽  
Integrative Approach ◽  
Public International Law ◽  
Trade Networks ◽  
State Recognition ◽  
Pan African ◽  
The Third World ◽  
Ontological Framework

Abstract The teaching of public international law in Africa remains unresponsive to the imperative of decolonisation. The curriculum in many universities across the continent remain steeped in Eurocentric canons, and does little to disrupt hegemonic assumptions that place European thinkers at the heart of the development of international law. There is little attempt to provide a critical discussion around important epistemologies that emerged from diplomatic interactions between and among pre-colonial African Empires, and with Europeans and Asians; state building/state recognition measures; and negotiations and dispute settlement mechanisms regulating the activities of trade networks. In addition, the consideration of approaches such as the Third World Approaches to International Law (TWAIL) that have exposed the non-neutral underpinnings of international law remains marginal or non-existent. In this respect, this article proposes ‘critical integrative approach’ as a viable ontological framework that should shape the inclusion of important pan-African epistemic in the teaching of public international law in African universities.

Attribution in International Investment Law

2020 ◽  
pp. 96-178
Author(s):  
Carlo de Stefano
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Investment ◽  
Critical Discussion ◽  
Single Test ◽  
Public International Law ◽  
Customary International Law ◽  
International Investment Law ◽  
Investment Law

Chapter III elucidates the application of attribution rules by international investment tribunals. This chapter is similar in structure to Chapter II, which is a consequence of the proximity of international investment law to public international law with regard to the topic of attribution of conduct to a party. In addition, this chapter contains critical discussion on investor–State dispute settlement (ISDS), chiefly on the dialectics between lex generalis (customary international law) and lex specialis (international investment law) as to the resolution of attribution issues, and on the distinction between treaty claims and contract claims for the purposes of the operation of so-called ‘umbrella clauses’. More generally, the chapter critiques the reasoning of arbitrators who have applied the test for attribution of conduct under ARSIWA Articles 4, 5, and 8 in a holistic way, rather than implementing each single test autonomously.

Sources in the Meta-History of International Law

2018 ◽  
Author(s):  
Anthony Carty ◽  
Anna Irene Baka
Keyword(s):  
International Relations ◽  
International Law ◽  
Critical Discussion ◽  
Legal Positivism ◽  
Logical Positivism ◽  
Legal Obligation ◽  
History Of ◽  
History Of International Law ◽  
Unequal Treaties ◽  
Aristotelian Metaphysics

This chapter criticizes the aversion to metaphysics, which essentially governs the whole history of the sources of international law. Ludwig Wittgenstein’s logical positivism and anti-metaphysics had paved the way to legal positivism, which took a new pathological turn with Hans Kelsen’s and Carl Schmitt’s fixation on ideological purity. Moreover, international legal positivism means acquiescence in coercive international relations. And the history of international law is one of continuing coercion, rooted in the racial shadow of liberalism. The chapter thus offers a critical discussion of the theory of legal obligation in Emer de Vattel, the place of imperialism in the history of international law, and the continuing mainstream discussion of unequal treaties. It then revisits the history of international law through the prism of phenomenology, thereby re-introducing the Aristotelian metaphysics of justice to the theory of international law.

scholarly journals Has the CJEU Made the First Step to Put a Stop to the Criminalisation of Migration? Commentary to the Judgement in the Case of JZ in the Context of the COVID-19 Pandemic

2021 ◽  
Vol 26 (6) ◽  
pp. 207-224
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Critical Discussion ◽  
Eu Law ◽  
Irregular Migration ◽  
Illegal Migrant ◽  
Established Line ◽  
The Right

Abstract The paper presents a critical discussion of the CJEU judgment in the JZ case (C 806/18), in which the Court interpreted Article 11 of Directive 2008/115 that regulates entry ban issuance. The author asks a question of whether an entry ban as a measure limiting the right to free movement has a moral and legal ground in international law and EU law. Moreover, the author focuses on the problem of the criminalisation of irregular migration – both in the context of the established line of the Court’s case law and in the case of a vague national law standard that penalizes illegal stays – the possibility to apply the criminal law concept of error in law and thus exclusion of criminal liability of an illegal migrant.

Part II Approaches, Ch.19 Moral Philosophy and International Law

2016 ◽  
Author(s):  
Besson Samantha
Keyword(s):  
International Law ◽  
Moral Philosophy ◽  
Legal Theory ◽  
Critical Discussion ◽  
Theoretical Discussion ◽  
Moral Philosophies ◽  
Moral Philosophers

This chapter offers a critical discussion of the origins, aims, and main contributions of moral philosophies of international law. Then, in moving beyond mere exposition, the chapter turns to a meta-theoretical discussion of international law, and in particular to how international legal theory should best be conceived and conducted. The chapter argues for the development of normative legal philosophies of international law that take the normativity of law and hence its legality more seriously than international legal theorists have so far, but also than moral philosophers of international law have themselves, thus breaking away from the sterile oppositions between ‘realist’ and so-called ‘moralist’ approaches to international law.

scholarly journals Chile’s New Constitution: What Right to Health?

2021 ◽  
Author(s):  
Eduardo Arenas Catalán
Keyword(s):  
International Law ◽  
Healthcare Services ◽  
Right To Health ◽  
Critical Discussion ◽  
Added Value ◽  
Social Rights ◽  
Human Right ◽  
The Core ◽  
The Right ◽  
Right Of Access

AbstractChile is a country crossed by economic inequalities. The constitutional process has opened a space to problematize the institutions that reproduce these inequalities. This paper joins into this discussion arguing that a nuanced focus on the right of access to healthcare under international law would fit the future Constitution better. I label this focus ‘nuanced’, in reaction to international law’s limited ability to address justice claims located at the core of Chile’s social and constitutional discontent. I argue that the right to health under international law is unlikely to address the problem of unequal enjoyment of healthcare services. The paper argues that a better approach would be to integrate a solidaristic understanding to this human right. The added value of solidarity translates in a more substantive conceptualization of social rights where they become at the service of the liberty of all. Through a critical discussion about the inception of the right to health under Chile’s current Constitution, the paper shows the limitations of today’s understanding and the underlying reasons for the transformation it proposes.

Experiences With and Lessons Learned From Developing, Implementing, and Evaluating a Support Program for Older Hearing Aid Users and Their Communication Partners in the Hearing Aid Dispensing Setting

2020 ◽  
Vol 29 (3S) ◽  
pp. 638-647 ◽  
Author(s):  
Janine F. J. Meijerink ◽  
Marieke Pronk ◽  
Sophia E. Kramer
Keyword(s):  
Large Scale ◽  
Hearing Aid ◽  
Critical Discussion ◽  
Lessons Learned ◽  
Research Note ◽  
Support Program ◽  
Large Sample Size ◽  
Long Term Effects ◽  
Communication Program ◽  
Communication Partners

Purpose The SUpport PRogram (SUPR) study was carried out in the context of a private academic partnership and is the first study to evaluate the long-term effects of a communication program (SUPR) for older hearing aid users and their communication partners on a large scale in a hearing aid dispensing setting. The purpose of this research note is to reflect on the lessons that we learned during the different development, implementation, and evaluation phases of the SUPR project. Procedure This research note describes the procedures that were followed during the different phases of the SUPR project and provides a critical discussion to describe the strengths and weaknesses of the approach taken. Conclusion This research note might provide researchers and intervention developers with useful insights as to how aural rehabilitation interventions, such as the SUPR, can be developed by incorporating the needs of the different stakeholders, evaluated by using a robust research design (including a large sample size and a longer term follow-up assessment), and implemented widely by collaborating with a private partner (hearing aid dispensing practice chain).

Police Use of Force under International Law

2017 ◽  
Author(s):  
Stuart Casey-Maslen ◽  
Sean Connolly
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Police Use Of Force
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