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Sovereignty Disputes under UNCLOS: Some Thoughts and Remarks on the Chagos Marine Protected Area Dispute Book review: Gus Waschefort, International Law and Child Soldiers The Gröning Case – What Constitutes “Aiding” in the Context of Systematic Human Rights Violations? Protecting the Power of the Keystroke: Key Takeaways from the Indian Supreme Court’s Decision Striking Down Censorship of Cyber Speech Safe Harbor before the EU Court of Justice
 

Sovereignty Disputes under UNCLOS: Some Thoughts and Remarks on the Chagos Marine Protected Area Dispute

On 18 March 2015, an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (‘UNCLOS’) rendered a decision on the dispute between the United Kingdom and Mauritius relating to the Chagos Marine Protected Area. The dispute arose in 2010 after the United Kingdom unilaterally decided to create […]

Book review: Gus Waschefort, International Law and Child Soldiers

As part of the series Studies in International Law, Hart Publishing has recently published International Law and Child Soldiers by Gus Waschefort. The central argument in this book is that international law has a role to play in the prevention of child soldiering and that its focus should shift from norm creation to norm enforcement. […]

The Gröning Case – What Constitutes “Aiding” in the Context of Systematic Human Rights Violations?

In January 1945, Soviet forces liberated the survivors of Auschwitz, one of Nazi Germany’s most infamous concentration camps. 70 years later, 93 year old Oskar Gröning, who worked as a bookkeeper in the camp, is standing trial for aiding 300.000 cases of murder committed in Auschwitz. The trial is the first outcome of a recent […]

(C) John Ward

Protecting the Power of the Keystroke: Key Takeaways from the Indian Supreme Court’s Decision Striking Down Censorship of Cyber Speech

Over the last two decades, the internet has fundamentally transformed the ways in which individuals communicate and has emerged as one of the most important sites of heated contestations about the contemporary challenges that communities across the globe are confronting. Not only has the internet allowed citizens to fundamentally restructure the meaning of democracy by […]

Safe Harbor before the EU Court of Justice

On 24 March 2015, the Court of Justice of the European Union (“CJEU”) held an oral hearing in the case Schrems v. Data Protection Commissioner (Case C-362/14), which deals with the legality of data transfers to the US under the EU-US Safe Harbor system. While the case has attracted considerable public attention, there has been […]

Sovereignty Disputes under UNCLOS: Some Thoughts and Remarks on the Chagos Marine Protected Area Dispute

07 August 2015

On 18 March 2015, an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (‘UNCLOS’) rendered a decision on the dispute between the United Kingdom and Mauritius relating to the Chagos Marine Protected Area. The dispute arose in 2010 after the United Kingdom unilaterally decided to create […]

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Book review: Gus Waschefort, International Law and Child Soldiers

18 June 2015

As part of the series Studies in International Law, Hart Publishing has recently published International Law and Child Soldiers by Gus Waschefort. The central argument in this book is that international law has a role to play in the prevention of child soldiering and that its focus should shift from norm creation to norm enforcement. […]

Read the full story

Posted in Current Affairs, Human Rights, War0 Comments

The Gröning Case – What Constitutes “Aiding” in the Context of Systematic Human Rights Violations?

15 June 2015

In January 1945, Soviet forces liberated the survivors of Auschwitz, one of Nazi Germany’s most infamous concentration camps. 70 years later, 93 year old Oskar Gröning, who worked as a bookkeeper in the camp, is standing trial for aiding 300.000 cases of murder committed in Auschwitz. The trial is the first outcome of a recent […]

Read the full story

Posted in Current Affairs, Domestic Courts, Human Rights0 Comments

(C) John Ward

Protecting the Power of the Keystroke: Key Takeaways from the Indian Supreme Court’s Decision Striking Down Censorship of Cyber Speech

04 June 2015

Over the last two decades, the internet has fundamentally transformed the ways in which individuals communicate and has emerged as one of the most important sites of heated contestations about the contemporary challenges that communities across the globe are confronting. Not only has the internet allowed citizens to fundamentally restructure the meaning of democracy by […]

Read the full story

Posted in Current Affairs, Domestic Courts, Human Rights0 Comments

Safe Harbor before the EU Court of Justice

13 April 2015

On 24 March 2015, the Court of Justice of the European Union (“CJEU”) held an oral hearing in the case Schrems v. Data Protection Commissioner (Case C-362/14), which deals with the legality of data transfers to the US under the EU-US Safe Harbor system. While the case has attracted considerable public attention, there has been […]

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Posted in Current Affairs, Domestic Courts, Human Rights, Treaties1 Comment

The Unconventional Adoption of UNESCO Cultural Conventions

01 April 2015

Last year, the unusual application of the UNESCO Convention on the Protection of Underwater Cultural Heritage was brought into focus under international law model competitions. In one of them, the case study cited that ‘the X state was a party to the 2001 UNESCO Convention whereas the counterpart, namely Y state, has signed but not […]

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Posted in Procedure, Treaties0 Comments

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 […]

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Posted in Current Affairs, Human Rights1 Comment

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 […]

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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, […]

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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 […]

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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 […]

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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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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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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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