scholarly journals Dear reader,

2017 ◽  
Vol 26 ◽  
pp. 1
Author(s):  
Lauri Mälksoo

In looking at the collection of papers in this volume, an impression of a certain eclecticism cannot be avoided. We have articles on public international law, European human-rights law, legal history, and various aspects of Estonian law, but also, for example, issues in Ukrainian law are dealt with. Moreover, while most of the articles are in English, some key papers are in German, which in times gone by was the lingua franca of the Baltic intellectual universe. Although the substantive themes of this edition of Juridica International are inevitably varied, it seems to me nevertheless that the diverse legal domains and questions all are connected with the expectations that we as lawyers and citizens have for law – be it international, regional, or domestic. Christian Tomuschat’s programmatic article on the current state and future of public international law is connected with a festive event that we celebrated at our university on 1 December 2016, when Professor Tomuschat received an honorary doctorate from the University of Tartu. In this capacity, he has joined the ranks of other distinguished individuals who have become honorary doctors in the field of law here: Boris Meissner (1996), Heinrich Mark (1998), Peter Schlechtriem and Thomas Wilhelmsson (2002), Wilfried Schlüter (2003), Tarja Halonen (2004), Christian von Bar (2007), Werner Krawietz (2008), Erik Nerep (2011), and Joachim Rückert (2014). The question of international law’s future is inevitably linked to the expectations we hold for that law. Professor Tomuschat demonstrates how international law became universal and how this has influenced expectations of it. Of course, the higher the expectations are, the easier it is to fall short of them. When the case load of the European Court of Human Rights became too heavy on occasion, some people said that the Court had become a victim of its own success. In this issue, Judge Julia Laffranque reflects on ethical foundations of, and expectations for, European human-rights law and its interpretations. Legal history, in turn, reminds us that the issue of expectations of law is an age-old one. Ideas from natural law have lived in an uneasy relationship with pure legal positivism. Especially in dictatorships, law does not correspond to ethical standards characteristic of democracies. In some cases, law has even become a tool of outright repression. The Radbruch Formula, known from the history of legal debate in Germany, has not lost its topicality. What are the expectations for national law? We usually expect best practices and legal models – to the extent that these can be established – to be followed. We expect legal certainty and a certain rationality and logic behind the law. Yet law can be likened to Estonia’s capital city, Tallinn, which according to an ancient legend will never be ‘ready’: it can never be complete. Expectations for law are particularly high in countries in transition, such as Ukraine. The University of Tartu (formerly Dorpat) had important links to universities in Ukraine already in the 19th century, and now we keep our fingers crossed that Ukraine will be able to pursue its own strong statehood based on democratic values. What are the expectations for legal scholarship? Since the readers of legal writings are educated in jurisprudence, we all expect to become more enlightened, to find clarification for things that we were not aware of or that we knew less about. If this volume of Juridica International succeeds with that in its readers’ eyes, it has done well enough.

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.


2021 ◽  
Vol 11 (2) ◽  
pp. 25-39
Author(s):  
Vera Rusinova ◽  
Olga Ganina

The article analyses the Judgment of the Supreme Court of Canada on the Nevsun v. Araya case, which deals with the severe violations of human rights, including slavery and forced labor with respect of the workers of Eritrean mines owned by a Canadian company “Nevsun”. By a 5 to 4 majority, the court concluded that litigants can seek compensation for the violations of international customs committed by a company. This decision is underpinned by the tenets that international customs form a part of Canadian common law, companies can bear responsibility for violations of International Human Rights Law, and under ubi jus ibi remedium principle plaintiffs have a right to receive compensation under national law. Being a commentary to this judgment the article focuses its analysis on an issue that is of a key character for Public International Law, namely on the tenet that international customs impose obligations to respect human rights on companies and they can be called for responsibility for these violations. This conclusion is revolutionary in the part in which it shifts the perception of the companies’ legal status under International Law. The court’s approach is critically assessed against its well-groundness and correspondence to the current stage of International law. In particular, the authors discuss, whether the legal stance on the Supreme Court of Canada, under which companies can bear responsibility for violations of International Human Rights Law is a justified necessity or a head start.


2017 ◽  
Vol 66 (3) ◽  
pp. 557-588 ◽  
Author(s):  
Adamantia Rachovitsa

AbstractInternational lawyers and courts consider the principle of systemic integration to be a potential answer to difficulties arising from the fragmentation of public international law. This article questions the application of this approach in the context of human rights treaties. It is argued, first, that in many instances, systemic integration raises serious interpretational and jurisdictional concerns and, second, that systemic integration may give rise to a less diverse international law.


2016 ◽  
Vol 29 (2) ◽  
pp. 343-364 ◽  
Author(s):  
VASSILIS P. TZEVELEKOS ◽  
LUCAS LIXINSKI

AbstractThe article argues that, by bringing a number of changes of systemic proportions in the order of international law, the internationalization of national constitutional human rights law has led to the ‘constitutionalization’ of international law. To build that argument, the paper first critically assesses the constitutionalization narrative. To that end it explains the reasons for its agnostic stance vis-à-vis the constitutionalization narrative and highlights the fact that international law has always contained some general, “constitutional” features that are particular to its systemic physiognomy. The article then explains how human rights law, as a special branch of international law, expands beyond the so-called humanization of international law narrative, acting as an important ingredient in a number of other narratives such as the constitutionalization of international law and the ones that are comparable to it, like legal pluralism and fragmentation. As to the systemic changes the internationalization of human rights has brought to the order of public international law, the examples given are those of collective enforcement at the decentralized level for the protection of common interests/values, sui generis normative hierarchy beyondjus cogensand the idea of the responsibility of states to act in a protective manner linked with the principle of due diligence and the so-called positive effect that human rights develop.


Vniversitas ◽  
2019 ◽  
Vol 68 (138) ◽  
Author(s):  
Robert Joseph-Blaise MacLean ◽  
Walter Arévalo Ramírez

While International Humanitarian, Refugee and Human Rights Law are frequently resorted to in the search for remedies for human rights violations, the Public International Law remedy of Diplomatic Protection is often forgotten, perhaps because there are few cases fitting the legal requirements for that remedy. The Venezuelan expulsions and property confiscations in 2015 and 2017 of Colombian residents without due process and, frequently, with violence may provide a useful example of an appropriate case for Diplomatic Protection arising within the context of a forced expulsion of an identifiable nationality. The following article, result of a research project regarding international law enforceability, reviews the current law on Diplomatic Protection and, within the context of a factual survey of the treatment of Colombian nationals by Venezuela, undertakes an analysis as to whether the facts of the case in fact give rise to a remedy of Diplomatic Protection. Effectively, the article argues in favour of the availability of this remedy as an option for the Colombian government.


Author(s):  
Irini Papanicolopulu

The chapter develops a conceptual framework within which to locate the principles determining the scope of State duties towards people at sea. Since scope is linked with the notion of jurisdiction, the chapter begins by providing a brief overview of what jurisdiction is often taken to mean in public international law and in human rights law, so as to dispense with some misconceptions and to provide a working understanding of the concept. It is then argued that jurisdiction under international law (de jure jurisdiction) in fact constitutes one facet of jurisdiction under human rights law, which also includes the de facto exercise of power by a State upon an individual (de facto jurisdiction). Applying these principles, the different hypotheses of State jurisdiction over a person at sea are discussed, taking into account the specificities of the marine environment. Cases of exclusive and priority jurisdiction are also presented.


Author(s):  
Rhona K. M. Smith

This introductory chapter introduces the book, which is on modern international human rights law. It also introduces key concepts in public international law to ensure those not familiar with that discipline understand sufficiently the relevant concepts in order to work successfully with international human rights. This chapter also outlines the structure of the book.


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