Suchergebnisse

War and the international legal order -- From '9-11' to the 'Iraq War 2003' -- International law and the wars on terrorism and on Iraq -- International law and the Iraq War 2003 -- The United States and the international legal system -- Winning the peace: an Iraq for the Iraqis -- World order(s) for the twenty-first century.

ABSTRACT: This article considers the context, development, and significance of the Higher Education (Freedom of Speech) Act 2023 . The Act was relatively unusual in aiming to increase the normative strength of freedom of speech. The central justification given for the Act was the need to respond to an increasing number of interferences with free speech and academic freedom occurring at universities. The growth of a "cancel culture" was having a "chilling effect" on students, staff, and visiting speakers. The article examines a range of high-profile cases and incidents that have attracted political and media attention. Many of these have concerned contemporary debates related to trans issues and identity politics. The issues discussed in the article are of wider international interest. Similar controversies have been experienced in universities in other states. The article makes comparative reference to developments in the field in the United States, Canada, Australia, and New Zealand. The article examines the perceived issues and evidential bases for the Act, reviews the legal duties, and analyzes the key legal concepts. It considers these in terms of compatibility with the European Convention on Human Rights (1950). It concludes by addressing three thematic issues: (i) a Model Code; (ii) challenging university ideologies; and (iii) securing cultural change.

"The Politics of LGBQTI Human Rights in the United Nations System" published on by Oxford University Press.

AbstractThe margin of appreciation (MoA) has become the central conceptual doctrine in the institutional and jurisprudential architecture of the European Convention on Human Rights (ECHR). This article critiques the existence and operation of the MoA within the ECHR system and defends its use. It is submitted that as each of the central justifications for the MoA under the ECHR applies equally to the International Covenant on Civil and Political Rights (ICCPR), so the doctrine should be applied by the Human Rights Committee.

AbstractThis article examines the application of the principle of justiciability principally where it has been invoked in the context of claims in the UK courts related to foreign affairs or public international law. It is submitted that the modern judicial trend is to find that issues are justiciable and focus instead on the degree and intensity of the review exercised. The trend is directed and supported by the growing importance of human rights and the rule of law.