Suchergebnisse

Ben Stanford looks at the results of the voter ID pilot scheme used in the 2018 local elections in England and the potential implications of a national roll-out. He concludes that, given the current levels of voter apathy, such fundamental reforms may end up discouraging even more individuals from voting.

In this well-timed revision to the first edition published in 2009, the authors allow the reader to benefit from their unique yet balanced perspectives as they address some of the most pressing issues in the enduring campaign to defeat terrorism insofar as they concern the laws of war. The six authors, all of whom served in some capacity in the Armed Forces of the United States of America (USA), confess not to provide a critical analysis of the official characterisation of the 'War on Terror' as a genuine armed conflict under international humanitarian law. A reader expecting such an approach should invest their time and attention elsewhere. Whilst acknowledging that 'it is clear that the term "war on terror" is legally and operationally overbroad and misleading',1 the authors choose to ground their contributions on the basis that the USA has operated, and continues to operate, as if it were in an armed conflict with al-Qaeda and its associated groups. According to the authors, this stance is justified by the argument that the three branches of government of the USA have repeatedly and consistently reached decisions to this effect. As a result, many readers might be inclined to approach the book with caution at first. This fundamental stance is however well-noted, emphasised, and indeed reasonable as the authors approach the controversial subjects from a factual, and most importantly, a military perspective.

The practice of 'push-backs' in the Mediterranean Sea, in which vessels carrying migrants are intercepted and forced to return to the State from which they departed (or from which they are presumed to have departed) raises serious issues from the perspective of international human rights law. In the wake of the spate of recent tragedies, in which innocent women, children and men attempting to traverse the Mediterranean in order to reach European shores have lost their lives, States and European institutions are finally responding to these issues. The present piece explores the legality of the practice of push-backs under international human rights standards, particularly the European Convention on Human Rights, and offers an assessment of the ongoing developments within the European Union. The piece offers a preliminary assessment of the Draft Regulation relating to joint migration control operations at sea under the auspices of Frontex which aims belatedly to ensure that migration control operations incorporate an element of protection of human life and other fundamental human rights.

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. Volume 7 of the Yearbook covers a wide range of topics, which have been organized along four central themes: Human Rights Protection and Erosion during the (Post-) COVID-19 Pandemic; Economic, Social and Environmental Rights Contestation and Evolution; Human Rights Protection of Vulnerable Persons; and Human Rights and Democratic Values under Threat

In early 2013, based on the recommendations of the EU–US, High Level Working Group on Jobs and Growth, the presidents of the European Council, the European Commission (the Commission) and the US announced the initiation of negotiations on a major free trade agreement between the two blocs, termed the Transatlantic Trade and Investment Partnership (TTIP). The TTIP initiative promises significant economic development for the Transatlantic Free Trade Area (TFTA) and provision for investor–state dispute settlement (ISDS), which is mainly associated with international arbitration under the International Centre for the Settlement of Investment Disputes (ICSID). Respondents to a public consultation on TTIP, representing a wide spectrum of EU civil society organisations, expressed concern over ISDS's impact on EU Member States' right to regulate in the public's interest, if investors are armed with the right to launch international proceedings to challenge national policy. Similar concerns were expressed over the secretive nature of the negotiations, with many critics pointing to democratic values and human rights as the bedrock of a civilised society. These concerns cast a shadow of uncertainty over the intended and unintended consequences of TTIP and, in particular, its encroachment on democratic values. In response to the rejection of ISDS, the Commission released proposals for an international investment court in August 2015. We argue that these reforms are merely cosmetic and are unlikely to alleviate some of the concerns raised over ISDS and, in particular, its intrusion on national public policy. The aim of this article is threefold. First and foremost, it examines the nature of the TTIP proposals with particular emphasis on the international investment court. The aim is to highlight how the secretive negotiations have undermined the most basic notions of democracy such as transparency and sovereignty. Secondly, it highlights areas where the fundamental principles of human rights have been undermined by the TTIP negotiations. Thirdly, the proposal for an international investment court is critiqued, especially on the inclusion of broad fair and equitable treatment (FET) standards that are likely to promote the same unfettered rights as those found under ISDS. Ultimately, a circumspect conclusion that ties together the various strands of argument through the paper is reached.

The pandemic crisis and its global legal impact on information protection, creative economy, and business activities / Luo Li, Carlos Espaliú Berdud, Steve Foster and Ben Stanford -- Mapping the legal landscape of information law in times of crisis / Olga Kokoulina, Anja Møller Pedersen and Jens Schovsbo -- Fashion after COVID-19 : virtually the same but different / Johanna Gibson -- Broken Copyright in the pandemic crisis -- rethinking public interest in China / Luo Li -- The global impact (both challenges and opportunities) of COVID-19 on rights and justice / Juha Karhu -- Mediation as a key conflict resolution system to address the increase in litigation as a result of COVID-19 / Geraldine Bethencourt Rodríguez -- Increased employees' engagement power at the time of crisis / Neshat Safari -- Dangerous circumstances, discipline and dismissal : some employment law impacts of COVID-19 / Alexander Simmonds -- Labour force, suspended rights and entrepreneurs' disruption of activities / Andrés Jerónimo Arenas Falótico and Jessica BayónPérez -- Reflections on COVID-19 / Luo Li, Carlos Espaliú Berdud, Steve.