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Reforming the Constitution of Egypt: An Ugly Institutional Competition Many Presumptions and No Guarantees: Preliminary Observations on Shepherd C-472/13 “Justness” Means Supporting the “Human Rights Economy” Protecting the Powerful: The African Union Frozen but Desirable: Examining the Legal Regime of the Arctic
 

Reforming the Constitution of Egypt: An Ugly Institutional Competition

Constitutional reform is often a key component of any political transition, either to establish a more democratic regime or to help strengthen the rule of law. Although constitutions are recognized as the fundamental law in any given country, they still are a rule of law enforcement tool and reflect the strong or weak application of […]

Many Presumptions and No Guarantees: Preliminary Observations on Shepherd C-472/13

On Thursday 26th February, several (German) newspapers reported that the ECJ empowered the Bavarian Administrative Court in Lawrence v. Germany C-472/13 to examine whether or not the United States committed war crimes in the course of the US-led invasion of Iraq. This certainly makes for a catchy headline, but a preliminary study of the decision […]

“Justness” Means Supporting the “Human Rights Economy”

Billions of dollars have been spent in promoting and trying to develop the rule of law throughout the world. A civil society requires a predictable judicial process with fair remedies in order to secure the peace and attract investment and business. The public must perceive that a judicial system is fair and just. Yet often, […]

Protecting the Powerful: The African Union’s Response to Allegations of Human Rights Violations

The relationship between the African-Union (AU) and the International Criminal Court (ICC) has suffered a major setback with the issue of arrest warrants by France and Spain for international crimes against Rwandan Government officials in 2006 and the indictment of Omar Al Bashir, President of Sudan, by the ICC in 2009. The resultant feelings of […]

Frozen but Desirable: Examining the Legal Regime of the Arctic

On 15 December 2014, Denmark submitted a territorial claim to the United Nations Commission on the Limits of the Continental Shelf (CLCS), arguing that an area of approximately 895,000 square kilometers of the Arctic Ocean north of Greenland belonged to Denmark. The claim submitted that Lomonosov Ridge, a 1,800km-long underwater mountain range spliting the Arctic […]

Reforming the Constitution of Egypt: An Ugly Institutional Competition

25 March 2015

Constitutional reform is often a key component of any political transition, either to establish a more democratic regime or to help strengthen the rule of law. Although constitutions are recognized as the fundamental law in any given country, they still are a rule of law enforcement tool and reflect the strong or weak application of […]

Read the full story

Posted in Current Affairs, Human Rights0 Comments

Many Presumptions and No Guarantees: Preliminary Observations on Shepherd C-472/13

03 March 2015

On Thursday 26th February, several (German) newspapers reported that the ECJ empowered the Bavarian Administrative Court in Lawrence v. Germany C-472/13 to examine whether or not the United States committed war crimes in the course of the US-led invasion of Iraq. This certainly makes for a catchy headline, but a preliminary study of the decision […]

Read the full story

Posted in Current Affairs, Domestic Courts, Human Rights, War1 Comment

“Justness” Means Supporting the “Human Rights Economy”

26 February 2015

Billions of dollars have been spent in promoting and trying to develop the rule of law throughout the world. A civil society requires a predictable judicial process with fair remedies in order to secure the peace and attract investment and business. The public must perceive that a judicial system is fair and just. Yet often, […]

Read the full story

Posted in Current Affairs, Human Rights, Int'l Legal Theory0 Comments

Protecting the Powerful: The African Union’s Response to Allegations of Human Rights Violations

02 February 2015

The relationship between the African-Union (AU) and the International Criminal Court (ICC) has suffered a major setback with the issue of arrest warrants by France and Spain for international crimes against Rwandan Government officials in 2006 and the indictment of Omar Al Bashir, President of Sudan, by the ICC in 2009. The resultant feelings of […]

Read the full story

Posted in Current Affairs, Human Rights, Treaties0 Comments

Frozen but Desirable: Examining the Legal Regime of the Arctic

19 January 2015

On 15 December 2014, Denmark submitted a territorial claim to the United Nations Commission on the Limits of the Continental Shelf (CLCS), arguing that an area of approximately 895,000 square kilometers of the Arctic Ocean north of Greenland belonged to Denmark. The claim submitted that Lomonosov Ridge, a 1,800km-long underwater mountain range spliting the Arctic […]

Read the full story

Posted in Current Affairs, Sea and Water, Territory0 Comments

Examining the Legality of “Historic Rights” Over the South China Sea: Are Joint Development Zones the Only Way Out?

16 January 2015

Claims of the six governments involved in the long standing dispute in the South China Sea have not only managed to effectively plague the minds of policy makers, but have also raised pivotal issues surrounding the gap in international law provisions relating to historic rights. At a very preliminary level, Article 15 of the United […]

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Posted in Current Affairs, Sea and Water, Territory0 Comments

Source: Court of Justice of the European Union

Court of Justice of the European Union finds Draft Agreement on EU Accession to ECHR is Incompatible with EU Law

20 December 2014

On 18 December 2014, the Court of Justice of the European Union (‘CJEU’ or ‘the Court’) delivered Opinion 2/13 on whether the Draft Agreement on the European Union’s Accession to the European Convention on Human Rights (‘Draft Accession Agreement’) is compatible with EU law. The Court found that the agreement did not sufficiently take into […]

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Posted in Current Affairs, Human Rights, Treaties0 Comments

Head of State Immunity for Defamatory Statements: The ECtHR’s Decision in Urechean and Pavlicenco v Moldova

19 December 2014

On 2 December 2014, the European Court of Human Rights (‘ECtHR’) handed down its judgment in Urechean and Pavlicenco v Republic of Moldova (Application Nos 27756/05 and 41219/07). The case concerned an immunity from suit enjoyed by Moldova’s (then) President Viladimir Voronin, which domestic courts had found precluded actions in libel against him. While the […]

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Posted in Current Affairs, Domestic Courts, Human Rights0 Comments

Call for Submissions: CJICL Blog

15 December 2014

The editors of the Cambridge Journal of International and Comparative Law (CJICL) Blog welcome submissions to be considered for publication online at www.cjicl.org.uk. The Blog aims to publish short academic articles alongside commentary on current affairs and recent cases falling within the broad spheres of international, European and comparative law, with a view to developing […]

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Posted in Current Affairs0 Comments

CJICL Vol. 3(3) Now Published

15 December 2014

The CJICL has just published Vol. 3(3). All articles of this latest issue can be accessed in the journal archive and will be uploaded to the bookshelf very soon. The following is the editorial of the issue’s editors Naomi Hart and Emma-Louise Bickerstaffe. Any observer of global events in 2014 would be reminded of the enduring pre-eminence of nation-states as a […]

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Posted in Current Affairs0 Comments

Sitting, Waiting, Wishing: Argentina Initiates Sovereign Default Claim Before the ICJ

10 August 2014

On 7th August 2014, The Argentine Republic (‘Argentina’) made good on threats emanating from its latest sovereign default of the previous week by filing an application instituting proceedings against the United States of America (‘USA’) before the International Court of Justice (‘ICJ’ or ‘the Court’). The official Press Release summarises Argentina’s contentions as being:  ‘… […]

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Posted in Current Affairs, Domestic Courts, Procedure, Treaties0 Comments

CJICL Vol. 3(2) Now Published

22 July 2014

The CJICL has just published Vol. 3(2). All articles of this latest issue can be accessed in the journal archive and will be uploaded to the bookshelf very soon. The following is the editorial of the issue’s editors Daniel Clarry, Valentin Jeutner and Cameron Miles.  This is the second regular issue of the third volume […]

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Posted in Current Affairs0 Comments

ECHR Chamber Judgment Case of S.A.S. v. France: Banning of burqas and niqabs legal?

21 July 2014

Is the State allowed to criminalise the wearing of full veils in public spaces? To what extend must a religious Muslim minority adapt itself to a country’s Christian majority in certain occasions? What is the minimum requirement for people in a society to “live together”? How far does the freedom of religion go in Europe? […]

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Posted in Current Affairs, Human Rights0 Comments

Can’t get no just satisfaction? The Cyprus v. Turkey judgment of the European Court of Human Rights

23 May 2014

In the summer of 1974, Turkey started a military intervention in Cyprus. In the subsequent four decades, Cyprus initiated four inter-state applications against Turkey under Article 33 of the European Convention on Human Rights (ECHR). The conflict and the continued Turkish military presence in northern Cyprus also gave rise to numerous individual applications under the […]

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Posted in Current Affairs, Human Rights0 Comments

International law and legality of secession in Crimea

20 April 2014

On March 6, 2014, the Parliament of Crimea adopted a Resolution No.1702-6/14 that provided for a secession referendum to be held on March 16, 2014. Having been arranged at 10 days notice, the referendum was characterised by a complete lack of transparency regarding the composition of the lists of voters, the electoral commissions as well […]

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Posted in Current Affairs, Human Rights, Land, Territory, Treaties6 Comments

The Enrica Lexie Incident: Jurisdiction in the Contiguous Zone?

19 April 2014

On 15 February 2012, two Italian marines on board an Italian-flagged vessel, the MV Enrica Lexie allegedly shot and killed two persons on board a fishing vessel, the St Antony. They had mistaken them for pirates. The two marines were subsequently arrested. The question before the Supreme Court of India was, primarily, whether the Union of India possessed […]

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Posted in Current Affairs, Domestic Courts, Sea and Water, Territory, Treaties0 Comments

Iran’s “Troubling” UN Mission Appointment and America’s Host State Duties

16 April 2014

The storming of the American embassy and the seizure of more than 50 Americans as hostages by militant protesters in Tehran in 1979 rightly provoked unanimous international opprobrium.  The Iranian government’s failure to protect the embassy premises, and its more proactive complicity in the flagrant violation of international law by endorsing the militants’ actions and […]

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Posted in Current Affairs, Treaties0 Comments

A Special Tribunal to Prosecute Individuals Involved in Organ Trafficking in Kosovo: Born to Fail?

05 April 2014

Following rumours circulating on the Internet and in the corridors of Brussels, Associated Press and Reuters revealed on April 4th, 2014, that the European Union is planning to establish a special tribunal to prosecute members of the Kosovo Liberation Army (KLA) suspected of having been involved in organ harvesting and trafficking during the war with […]

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Posted in Current Affairs, Human Rights0 Comments

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