PORT CLOSURES AND PERSONS AT SEA IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (3) ◽  
pp. 605-633
Author(s):  
Sofia Galani
Keyword(s):  
International Law ◽  
Humanitarian Crisis ◽  
The Impact

AbstractThe systematic protection of persons at sea remains flawed. This problem has become even more acute during the Covid-19 pandemic when port closures have caused an unprecedented humanitarian crisis at sea. This article looks at the impact of port closures on the rights of persons at sea and considers how international law can protect those rights. While persons at sea are afforded significant rights protections in international law, the rights and duties of States often clash, with the result that persons at sea can find themselves in something of a legal vacuum. In order to address this problem, this article argues that the various rights and duties of States must be interpreted and applied in a way that fully recognises the rights of persons at sea.

Forced displacement in Colombia: Magnitude and causes

2009 ◽  
Vol 4 (1) ◽  
Author(s):  
Ana Maria Ibanez
Keyword(s):  
State Policy ◽  
Forced Migration ◽  
Refugee Camps ◽  
Illegal Drugs ◽  
Armed Groups ◽  
Forced Displacement ◽  
Humanitarian Crisis ◽  
Individual Basis ◽  
The Impact

The article describes the magnitude, geographical extent,  and causes of forced population displacements in Colombia. Forced migration in Colombia is a war strategy adopted by armed groups to strengthen territorial strongholds, weaken civilian support to the enemy, seize valuable lands, and produce and transport illegal drugs with ease. Forced displacement in Colombia today affects 3.5 million people. Equivalent to 7.8 percent of Colombia's population, and second worldwide only to Sudan, this shows the magnitude of the humanitarian crisis the country is facing. The phenomenon involves all of Colombia's territory and nearly 90 percent of the country's municipalities expel or receive population. In contrast to other countries, forced migration in Colombia is largely internal. Illegal armed groups are the main responsible parties, migration does not result in massive refugee streams but occurs on an individual basis, and the displaced population is dispersed throughout the territory and not focused in refugee camps. These characteristics pose unique challenges for crafting state policy that can effectively mitigate the impact of displacement.

Ireland

2018 ◽  
Author(s):  
Eilionóir Flynn
Keyword(s):  
Mental Health ◽  
International Law ◽  
Health Law ◽  
Disability Rights ◽  
Eu Law ◽  
Persons With Disabilities ◽  
Unique Position ◽  
Domestic Courts ◽  
Employment Equality ◽  
The Impact

Ireland’s constitution adopts a dualist approach to international law. It is in a unique position as a state which has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), but one which is obliged to adhere to the provisions of the CRPD in EU law, by virtue of the EU’s conclusion of the CRPD in 2010. To date, the CRPD has been referenced in a number of cases before the Irish courts in the context of employment equality law and mental health law. This chapter examines the extent of the impact that the CRPD can have on the judgments of domestic courts on disability rights in advance of the state’s ratification of the Convention.

What's Left of the Law of Integration?

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Structural Elements ◽  
The European Union ◽  
Difficult Situation ◽  
Court Of Justice ◽  
Structural Connections ◽  
The Law ◽  
Constitutional Pluralism ◽  
The Impact

This book discusses the impact of the difficult situation the European Union is currently going through on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health. The original choices made by the drafters of the Treaties and by the Court of Justice are put in their proper historical perspective, understanding Union law as a tool of civilization, and explaining its current problems, at least in part, as a consequence of the waning of the initial impetus behind integration. The concrete themes to be explored are the following: primacy, the national resistance to it and constitutional pluralism; the preliminary rulings procedure; Union citizenship, equality, and human dignity; the scope of the Charter and the standard of protection of fundamental rights; and the rigidity and fragmentation of the Union system in connection with the recent occasional use of international law as an alternative to Union law. The book looks at the development of the law throughout the decades, inevitably losing much detail, but hopefully also uncovering structural connections and continuities.

Feminist Dialogues on International Law

2019 ◽  
Author(s):  
Gina Heathcote
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Institutions ◽  
Law Reform ◽  
Black British ◽  
The Uk ◽  
The Impact

Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated into gender law reform including transnational and postcolonial feminisms. The text therefore develops dialogues across feminist approaches, beyond dominant Western liberal, radical, and cultural feminisms, to analyse the rise of expertise and the impact of fragmentation on global governance, to study sovereignty and international institutions, and to reflect on the construction of authority within international law. The book concludes that through feminist dialogues that incorporate intersectionality, and thus feminist dialogues with queer, crip, and race theories, that reflect on the politics of listening and which are actively attentive to the conditions of privilege from which dominant feminist approaches are articulated, opportunity for feminist dialogues to shape feminist futures on international law emerge. The book begins this process through analysis of the conditions in which the author speaks and the role histories of colonialism play out to define her own privilege, thus requiring attention to indigenous feminisms and, in the UK, the important interventions of Black British feminisms.

The Impact of Climate Change on States

2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
The State ◽  
Fundamental Change ◽  
Sea Levels ◽  
Impact Of Climate Change ◽  
Potential Impact ◽  
The Impact

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.

THE PROBLEM OF OFFSHORE ZONES IN THE RUSSIAN FEDERATION: THE IMPACT AND WAYS OF COUNTERING

2021 ◽  
Vol 1 (11) ◽  
pp. 187-192
Author(s):  
Konstantin S. Startsev ◽  
◽  
Emil R. Myalikov ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Experience ◽  
Regulation Policy ◽  
The Russian Federation ◽  
The Impact

The authors provide a study of Russian and international experience of offshore zones, the problems of regulation by Russian and international law and examples and consequences of the capital out-flow as a lack of regulation policy.

Amnesties in the Light of Developments in International Law and the Establishment of the International Criminal Court

2002 ◽  
Vol 51 (1) ◽  
pp. 91-117 ◽  
Author(s):  
Jessica Gavron
Keyword(s):  
International Law ◽  
Second World War ◽  
Criminal Court ◽  
World War ◽  
Military Tribunal ◽  
War Criminals ◽  
The First World War ◽  
The Impact ◽  
Second World ◽  
First World

Amnesties presuppose a breach of law and provide immunity or protection from punishment. Historically amnesties were invoked in relation to breaches of the laws of war and were reciprocally implemented by opposing sides in an international armed conflict. The impact of the two world wars in the first half of the twentieth century, however, had considerable implications not only for the use of amnesties, but also for their legality under international law. The scale of the First World War precipitated a new phase of unilateral amnesty for the victors and prosecutions of war criminals for the defeated aggressor states.1 This precedent was followed after the Second World War,2 with the establishment of the first ‘international’3 criminal court, the International Military Tribunal at Nuremberg. However, the horrors perpetrated during the Second World War also prompted the development of a branch of international law aimed at recognising and protecting human rights in an attempt to prevent such atrocities being repeated.

scholarly journals The Impact of the 1959 Agreement on the Legal Status of the Nile in the Post-Colonial Period

2021 ◽  
Vol 66 (2) ◽  
pp. 283-307
Author(s):  
Barbara Mielnik
Keyword(s):  
International Law ◽  
Legal Status ◽  
Colonial Period ◽  
Nile River ◽  
Legal Regime ◽  
Difficult Situation ◽  
Post Colonial ◽  
Significant Damage ◽  
Access To Water ◽  
The Impact

Abstract The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa.

scholarly journals Causal Inference, International Law, And Maritime Disputes

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 389-393
Author(s):  
Benjamin J. Appel
Keyword(s):  
Causal Inference ◽  
International Law ◽  
Law Of The Sea ◽  
International Courts ◽  
Legal Scholarship ◽  
Wide Range ◽  
Maritime Disputes ◽  
Empirical Tests ◽  
The Impact ◽  
The Relationship

Sara Mitchell and Andrew Owsiak's examination of the impact of UN Convention on the Law of the Sea (UNCLOS) and Article 287 declarations on the peaceful resolution of maritime disputes significantly advances the literature on the relationship between international law/international courts and maritime issues. To their credit, the authors employ a wide range of empirical tests in the article to provide readers with confidence in the empirical results. Nonetheless, there are some important limitations in their approach. Drawing on insights from the causal inference literature, I argue that Mitchell and Owsiak's empirical analyses suffer from two biases that both (1) raise concerns about the causal relationships identified in the article, and (2) suggest some important scope conditions in its empirical findings. I investigate the biases and propose suggestions for legal scholarship to produce more credible results.

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