Suchergebnisse

On October 18, 2017, the Supreme Court of the United Kingdom delivered an important judgment on diplomatic immunity. It was the first time the Supreme Court had considered the implications of human trafficking for the scope of diplomatic immunity. As Lord Sumption noted, "[s]ince there is some evidence that human trafficking under cover of diplomatic status is a recurrent problem, this is a question of some general importance."

I was a silent observer in deliberations and readings at the ICJ for
fifteen cases, and my opinion of those was very positive. Laborious, yes,
time-consuming, yes. But in the end, it improves the outcome. What I find so
striking about the ICJ in comparison to other courts and so important with
its status as the principal judicial organ is that it is the judges who hold
the pen. There is a drafting committee of three judges, but after that the
judges have readings where they engage with the draft paragraph by paragraph
for the first reading, page by page for the second reading. In most cases
this process leads to a net improvement in the final result, so I can see
from an efficiency point of view it may not be ideal, but for the authority
and the quality of the judgment I think it is very important.

Four features make states potentially different to other litigants.
First, states are still the principal player in international law—they are
the parties to treaties, members of international organizations, and the
makers and breakers of customary international law. They also establish
courts, decide on budgets, and elect the judges. Second, states enjoy
immunity from jurisdiction and from enforcement measures—courts are obliged
to consider such immunity in limine litis and on
their own initiative. Third, states, whether they are democracies or
dictatorships, are political entities. Fourth, sovereignty is associated
with notions of honor, dignity, and comity.

This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

AbstractInternational law prohibits slavery and slavery-like practices under treaties that have been in force for more than a century. Yet, contemporary forms of slavery are one of the prevailing challenges for the international community, with 40.3 million people in modern slavery on any given day in 2016. The State has been largely overlooked as a perpetrator or accomplice in the global movement to eradicate modern slavery. The hand of the State can however be found in contemporary cases of modern slavery. This article identifies five scenarios of State involvement in modern slavery and aims to uncover and bridge the responsibility gap.

Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples

The duty of good faith is well established in international law. While parties frequently invoke this duty, its scope and effect in international disputes remain unclear.