The Impact of the Holocaust on the Development of International Law

Author(s):  
Eilionóir Flynn

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.


Author(s):  
Julio Baquero Cruz

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.


Author(s):  
Gina Heathcote

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.


1980 ◽  
Vol 20 (219) ◽  
pp. 287-315 ◽  
Author(s):  
Ionel Gloşcă

One of the principles underlying international law applicable in armed conflicts is that no act of war is permitted against the civilian population, consisting, by definition, of persons who take no part in the hostilities.Until the holocaust of 1939–45, international law gave practically no real protection to the civilian population in the event of war, and was not even intended to do so since up to that time war was considered to be a State activity from which civilians remained aloof. There were, nonetheless, general principles and rules in various international treaties which, in one way or another, related also to the civilian population.


2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga

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.


2021 ◽  
Vol 1 (11) ◽  
pp. 187-192
Author(s):  
Konstantin S. Startsev ◽  
◽  
Emil R. Myalikov ◽  

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.


2021 ◽  
Vol 19 (3) ◽  
pp. 257-276
Author(s):  
Michał Wawrzonek ◽  
Oliwia Kropornicka

The aim of the paper is to scrutinize activities related to the commemoration of Metropolitan Andrey Sheptytsky. There were three main goals of the research. The first one was to identify the most important actors of the commemorative activities. The second goal was to reconstruct the strategies applied by these agents. Thirdly, this research aimed to consider current processes in the Ukrainian political system. In particular, the question was what we can know about the evolution of these commemorative activities after the Euromaidan based on relations between different agents in the mnemonic field. Special emphasis was placed on Sheptytsky’s attitude during the Holocaust and on the impact of this topic on the commemorative activities. As a theoretical framework of the research, Jan Kubik and Michael Bernhard’s theory of the politics of memory was applied. The research enabled verification of some elements of Kubik and Bernhard’s concept. Inter alia it was an issue of a set of presumptions regarding interrelations between strategies applied by mnemonic actors, the structure of mnemonic regime, and prospects for democratization of a political system.


2009 ◽  
Vol 42 (2) ◽  
pp. 279-300 ◽  
Author(s):  
Robert Gerwarth ◽  
Stephan Malinowski

Historians on both sides of the Atlantic are currently engaged in a controversy about the allegedly genocidal nature of western colonialism and its connections with the mass violence unleashed by Nazi Germany between 1939 and 1945. The debate touches upon some of the most “sensitive” issues of twentieth-century history: the violent “dark side” of modern western civilization, the impact of colonial massacres on the European societies that generated this violence and, perhaps most controversially, the origins and uniqueness of the Holocaust.


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