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Trade Sanctions against Russia and their WTO Consistency: Focusing on Justification under National Security Exceptions International Community Law Review Pub Date : 2024-04-03 Fujio Kawashima
In the wake of Russia’s 2022 invasion of Ukraine, around 40 countries/economies, including G7 members, responded to impose a wide range of economic, including trade-related, sanctions on Russia. The question immediately arises as to whether such sanctions violate the WTO agreements or are justified under the relevant national security exceptions. After introducing the material facts of the economic
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War in Ukraine and Implications for International Investment Law International Community Law Review Pub Date : 2024-04-03 Dai Tamada
Russia’s 2022 invasion of Ukraine has sent shockwaves across the international community, not least the international investment community and the arbitration world. A flurry of disputes has arisen not only in connection to harm to the interests of foreign investors in Ukraine and Russia but also in relation to sanctions – including asset freezing measures – imposed by many western and aligned states
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Freezing, Confiscation and Management of the Assets of the Russian Central Bank and the Oligarchs International Community Law Review Pub Date : 2024-04-03 Kazuhiro Nakatani
As the most powerful measure of economic sanctions against Russia which invaded Ukraine, the Western States froze the assets of the Russian Central Bank and the Oligarchs which are situated in their States. This article attempts to clarify the legality of the freezing, confiscation, and management of assets under international law. The freezing of assets is a legal countermeasure against aggression
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WTO Dispute Settlement and Trade Sanctions as Permissible Third-Party Countermeasures under Customary International Law International Community Law Review Pub Date : 2024-04-03 Satoru Taira
The requirements for invoking WTO security exceptions as expounded in recent WTO dispute settlement cases are notably stricter than previously thought by WTO members. Consequently, not all WTO members who have imposed trade sanctions against Russia will be able to invoke these exceptions to justify their actions when accused by Russia of violations of their WTO obligations. This article considers whether
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Economic Sanctions against Russia: Questions of Legality and Legitimacy International Community Law Review Pub Date : 2024-04-03 Mika Hayashi, Akihiro Yamaguchi
Despite the apparent aggression by Russia against Ukraine, the legality of the autonomous (‘non-UN’) economic sanctions against Russia remains uncertain. Measures adopted as sanctions are generally assumed to be lawful by those states imposing such sanctions. The same sanctions are denounced as illegal by Russia and also by a number of other states. The question of legitimacy of these sanctions is
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The War in Ukraine under International Law: Its Use of Force and Armed Conflict Aspects International Community Law Review Pub Date : 2024-04-03 Masahiko Asada
Nearly two years have passed since the Russian aggression against Ukraine started in February 2022. However, there appears to be no prospect for a ceasefire. The long duration of this situation, which fundamentally undermines the prohibition of the use of force and flatly disregards rules on armed conflict, was unexpected. The international order thus faces a critical situation, but a calm and objective
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War in Ukraine and the International Court of Justice: Provisional Measures and the Third-Party Right to Intervene in Proceedings International Community Law Review Pub Date : 2024-04-03 Dai Tamada
At the time of writing, the war in Ukraine was the subject of ICJ proceedings in the Allegations of Genocide case. As the case title suggests, however, the key issue before the ICJ is not Russia’s use of force, but the question of genocide. Restrictions on its jurisdiction have led to the ICJ facing a serious dilemma between, on the one hand, having to meet unprecedented high levels of expectation
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Normative Framework for the Regulation of Holdout Creditors in the Sovereign Debt Market International Community Law Review Pub Date : 2023-12-01 Maria Oluyeju, Olufemi Oluyeju
This article challenges the contemporary negative and dismissive narratives about distressed debt hedge funds (DDHFs), a subset of holdout creditors. A soft normative framework for regulating this category of creditors and other holdout creditors is however proposed to address their disruptive activities in the sovereign debt market. It is proposed that the Basel III framework be a conduit for enforcing
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Autistic Persons in the Labour Market in the Light of ECtHR Case-law International Community Law Review Pub Date : 2023-11-22 Maciej Oksztulski, Maciej Perkowski, Wojciech Zoń
The European acquis on the protection of human rights is indisputable. This also applies to the case-law of the European Court of Human Rights. However, this acquis is not extensive enough to cover all the problems Europeans have. The aim of this article is to establish the status quo in the area of anti-discrimination against persons on the autism spectrum in the labour market, taking into account
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Current Challenges of International and European Human Rights Law: Introductory Remarks International Community Law Review Pub Date : 2023-11-22 Elżbieta Karska, Karol Karski
The protection of human rights is one of the most important issues in the modern world and their development is a challenge for all legal systems. Human rights protection is an established fact in international law. This is both an expression of the expectations of the states that have created this system and an instrument designed to see the solutions contained therein incorporated into national legal
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ECtHR Case-law Concerning Russian Aggression on Ukraine and the Events Taking Place after 2014 International Community Law Review Pub Date : 2023-11-22 Jakub J. Czepek
Ukraine has faced ongoing armed conflict within the eastern parts of its territory since 2014. The state witnessed the annexation of Crimea, de facto occupation of Donetsk and Lugansk regions, the shooting down of Flight MH-17, and numerous human rights violations in the eastern parts of the country. Since the Russian aggression in 2022, Ukraine has faced armed conflict throughout the country. At the
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Modern Technologies as a Challenge for the Right to Privacy under the European Convention on Human Rights International Community Law Review Pub Date : 2023-11-22 Bartosz Ziemblicki
The paper explores the right to privacy as a human right and its contemporary challenges in the digital age. It discusses the definition of privacy, its recognition in international human rights documents, and the wording of the right to privacy in the European Convention on Human Rights (ECHR). The article highlights the increasing difficulty of protecting privacy in the digital age and the potential
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The Right to Marry and the Right to Establish a Family in the Universal, European and Polish Dimension International Community Law Review Pub Date : 2023-11-22 Paweł Bucoń
The subject of the article is an analysis of the human right to marry and the right to establish a family. The author considers the guarantees of this right in three areas. The first one is the universal dimension, the essence of which are the documents guaranteeing the protection of human rights adopted by the United Nations: the Universal Declaration of Human Rights, the International Covenant on
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The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview International Community Law Review Pub Date : 2023-11-22 Katarzyna Grzelak-Bach
This paper presents a historical overview of the role of soft law of the Council of Europe in Polish court proceedings. Soft law refers to legal acts that are not formally legally binding, but nevertheless constitute important guidelines for the operation of state authorities. The article focuses on the role of documents adopted by the Council of Europe, such as resolutions, recommendations or declarations
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The Status of Women in the Armed Forces International Community Law Review Pub Date : 2023-11-22 Elżbieta Karska, Karol Karski, Konrad Wnorowski
The military service of female soldiers is now permanently embedded in the operation of the armed forces of many countries in the world. The availability of this form of professional activity for women was often only theoretical in many countries a few decades ago. Due to the gradual opening of the armed forces to women, international organizations, such as the UN, NATO or the European Union, have
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International Community? What International Community? International Community Law Review Pub Date : 2023-08-30 Tarcisio Gazzini
The expression “international community” is ubiquitous in international legal instruments, government policies, jurisprudence and scholarship. Yet, its meaning, significance and repercussions in international law are still unclear. The departing point of the analysis is the horizontal or decentralized character of the international legal order, which lacks any authorities above States and has traditionally
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Law and Torture: Contemporary Legal Scholarship on Torture, from the Doctrinal to the Critical International Community Law Review Pub Date : 2023-08-30 Ergün Cakal
Legal scholars have historically studied and shaped attitudes and approaches to torture – in its infliction, identification, and inhibition. The role of law in the contemporary anti-torture movement has been no less important – with the law, its logics and lawyers positing and animating the prevailing international anti-torture framework. This article reviews the contemporary ‘law and torture’ scholarship
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Redefining the Principle of Permanent Sovereignty over Natural Resources from a Geographical Perspective International Community Law Review Pub Date : 2023-08-30 Imad Antoine Ibrahim
The principle of permanent sovereignty over natural resources has been a subject of debate since its emergence. Scholars have discussed its purpose and effectiveness, as well as whether there is a need to reinterpret or update it given the numerous changes that have taken place over the last few decades. This article falls under the latter category, as the author argues for the need to redefine this
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The World Health Organization’s Response to the Health Emergency and its Impact on Investment Arbitration and Human Rights Case Law International Community Law Review Pub Date : 2023-08-30 Sondra Faccio
The paper discusses the potential impact of the World Health Organisation (WHO)’s recommendations and guidelines on the assessment of the State’s right to regulate by investment tribunals, and on the assessment of the State’s decision to limit and/or suspend certain human rights for reasons of public interest and in cases of emergency by human rights Courts.
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Climate Change and its ‘Grotian’ Effects on a Principle of Corporate Liability in International Law International Community Law Review Pub Date : 2023-06-30 Ludovica Chiussi Curzi
As climate change hazards keep intensifying, there seems to be an increasing recognition that corporations are not immune from international obligations on the protection of human rights and the environment. The present article argues that the climate crisis might be contributing, as a ‘Grotian Moment’, to the crystallisation of an already developing principle on corporate liability for human rights
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Holding Corporations Liable for Breaches of Indigenous Peoples’ Right to a Healthy Environment in Colombia: Chimera or Reality? International Community Law Review Pub Date : 2023-06-30 Pauline Martini, María Paula López Velásquez
The article examines whether corporations can be held liable for breaches of Indigenous peoples’ right to a healthy environment in Colombia. After exposing the scope of the right in the international, regional and Colombian legal orders, it tackles Colombia’s obligation to protect it against infringements committed by third parties, and to provide judicial remedies in the event of breaches. Then, it
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The US at the Margins of Business and Human Rights International Community Law Review Pub Date : 2023-06-30 Dalia Palombo
The US often portrays human rights to be Western values America cherishes. But what happens when American corporations abuse human rights transnationally? While a decade ago, the US could be considered to be one of the most advanced jurisdictions in terms of business and human rights litigation, now it is no longer the case. The US Judicial, Legislative and Executive branches all appear to be behind
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The Legal Duty of States to Cooperate in the Fight Against Pandemic Disease under the International Health Regulations International Community Law Review Pub Date : 2023-04-13 Constantinos Yiallourides
The paper outlines the contemporary legal framework of global health focusing on the legal duty of States to cooperate in the surveillance, prevention, and control of epidemic and pandemic disease. The paper details, in particular, the content and nature of States’ duty to cooperate under the International Health Regulations – the primary international legal instrument governing the global response
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Neither Fish, Nor Fowl: A New Way to a Fuller Understanding of the lex specialis Principle International Community Law Review Pub Date : 2023-01-17 Ulf Linderfalk
International lawyers ascribe to the lex specialis principle three distinctly different meanings. Thus, lex specialis is referred to, first, as a norm designed to resolve conflicts between entire categories of norms; secondly, as a norm designed to resolve conflicts on a case-by-case basis; and, thirdly, as a rule of interpretation designed to avoid the occurrence of normative conflicts, rather than
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Bordering Asylum in Post-Brexit Britain International Community Law Review Pub Date : 2022-08-11 Andrew Pitt
This article considers UK government’s proposal to re-introduce an accelerated appeals system for detained asylum seekers through resort to legislation. Previously, a similar system, the ‘Detained Fast Track’, was ruled unlawful largely on the basis that it lacked procedural fairness, a core tenet of the rule of law. This article examines the interplay between the rule of law and international human
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Does the UK Home Office Care about the Rule of Law? International Community Law Review Pub Date : 2022-08-11 Sheona York
The instrumentalisation of law for the purposes of creating a ‘hostile environment’ and deterring ‘unwanted migration’ is particularly visible in the UK. The new Nationality and Borders Act 2022 contains proposals on asylum which show a rejection of international law norms and conventions, without having had the political courage to put that rejection squarely to the public. That is not new. Right
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European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme International Community Law Review Pub Date : 2022-08-11 Sara Palacios-Arapiles
Drawing on data from the United Kingdom, Sweden, Germany, and Switzerland, this article shows that during the process of interpreting the refugee definition and applying it to the context of the Military/National Service Programme (MNSP), the definition is subject to various interpretations and applications. As a result, the treatment of similarly situated Eritrean asylum applications differs from
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International Legal Principles, Penal Populism and Criminalisation of ‘Unwanted Migration’ International Community Law Review Pub Date : 2022-08-11 Marta Minetti
The criminalisation of migration is one of the most explicit ways in which law generates, sustains, and even legitimizes hostility towards “unwanted migrants”. This article will take into examination the criminalisation of “unwanted migration” by the Italian authorities and its relation to internationally established legal principles in the area of human mobility, arguing that the expansion of penal
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The Road to the EU’s Accession to the ECHR International Community Law Review Pub Date : 2022-08-11 Maria-Louiza Deftou
The dual European judicial protection of fundamental rights with the two Courts, namely the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), represents a multi-layered, yet dialectic, model of protection with no formal hierarchy between its components. In the aftermath of Opinion 2/13 and faced with uncontrolled ‘unwanted migration’ flows, the EU judicature
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The UN Disability Rights Convention and EU Fundamental Rights International Community Law Review Pub Date : 2022-08-11 Nicolette Busuttil
This article examines the role to be played by the UN Convention on the Rights of Persons with Disabilities (CRPD) in the protection of migrants with disabilities within the EU, in view of the apparent invisibility of this population within existing frameworks. It argues that the CRPD’s dual role as a core UN human rights treaty and an international agreement concluded by the EU, which occupies an
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International Criminal Justice: TWAIL and the Rome Statute Complementarity Principle International Community Law Review Pub Date : 2022-08-08 Muyiwa Adigun
Some critics contend that the International Criminal Court (ICC) is selective in its approach to international criminal justice. Thus, they called for withdrawal from the Rome Statute. This call is reflective of Third World Approaches to International Law (TWAIL) to the extent that it constitutes a protest against unequal treatment of the Third World. But what is somewhat overlooked is that the ICC
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Victims’ Right to Justice, Immunities and New Avenues for International Criminal Justice International Community Law Review Pub Date : 2022-07-15 Alexandre Skander Galand
On account of the immunities which foreign State officials enjoy under international law, universal jurisdiction trials fail to offer justice to victims of crimes orchestrated by State authorities. The ICC Appeals Chamber has affirmed that immunities are inapplicable before international courts as no customary rule providing immunities before international courts has taken shape. While plausible, a
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Epidemics and the Future of International Disaster Law International Community Law Review Pub Date : 2022-07-07 Giulio Bartolini
This paper explores the relationship between epidemics and International Disaster Law. In particular the paper addresses some selective examples of legal and operational issues pertaining to International Disaster Law where the increasing concern on health emergencies, dated back to the Ebola crisis, have progressively facilitated the management of tailored initiatives. In particular, in relation to
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Failing Forward International Community Law Review Pub Date : 2022-07-07 Roojin Habibi, Timothy Fish Hodgson, Steven J. Hoffman
Despite the pandemic’s widespread and transnational impact on human rights, both solidarity and human rights have been side-lined in key intergovernmental discussions on global health law reform to date, while conversations about the development of international human rights law seldom consider global health law’s import to the field. This article argues that in spite of states’ apparent reluctance
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International Law-making on the Prevention and Control of Epidemics International Community Law Review Pub Date : 2022-07-07 Shinya Murase
International law-making takes various forms. The UN General Assembly has a general mandate for new law-making, but it has not engaged in major treaty making for some time. The International Law Commission (ILC), charged with codification and progressive development of international law, has not in recent years dealt with topics that are relevant to the pressing need of the international community
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Medical Countermeasures for Pandemic Response and Intellectual Property Rights International Community Law Review Pub Date : 2022-07-07 Pedro A. Villarreal, Giorgia Renne
The current article addresses the question of whether and under which circumstances access to medical countermeasures against pandemics, such as COVID-19, may constitute a community interest under international law. First, the intertwined concepts of global public goods and community interests are fleshed out. Second, the analysis expounds whether the protection against pandemics, including immunization
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Immunities and Criminal Proceedings: The Long and Winding Road taken by the ICJ from immunity Ratione Personae to the inviolability of embassy premises (and the way back) International Community Law Review Pub Date : 2022-06-22 Elisa Ruozzi
When delivering its final judgment in the Immunities and Criminal Proceedings case, the ICJ was faced with a complex situation. The case involved the launch of criminal proceedings against a foreign high-ranking official along with the resulting measures of attachment imposed on embassy premises. While the most controversial aspect probably lay in the ability to determine those persons vested with
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The Nexus between International Law and Science: An Analysis of Scientific Expert Bodies in Multilateral Treaty-Making International Community Law Review Pub Date : 2022-04-01 Joseph Orangias
Limited legal analysis exists of how scientific expert bodies participate in multilateral treaty-making. This impedes effective collaboration between treaty-making and scientific expert bodies. This article analyses how scientific expert bodies (1) participate in multilateral treaty-making and (2) how they interface with treaty-making bodies. Based on an updated conceptual framework of the general
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Between Private Governance and Public Regulation: Covid-19 and Workers’ Rights in Global Garment Supply Chains International Community Law Review Pub Date : 2022-03-03 Daniel Augenstein, Stefania Baroncelli, Orsolya Farkas
The article traces the adverse human rights impacts of business responses to COVID-19 in the garment sector to long-standing systemic problems in global supply chain management. It scrutinises attempts by States and business enterprises in Europe to address these adverse impacts in the light of the ongoing implementation of the UN Guiding Principles on Business and Human Rights. The article discerns
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Contract as an Instrument Achieving Sustainability and Corporate Social Responsibility Goals International Community Law Review Pub Date : 2022-03-03 Laura Valle, Maria Chiara Marullo
As a positive influence of the UN Guiding Principles on Business and Human Rights and the OECD Guidelines, in the last years many multinational companies have adopted practices and standards of protection of human rights and the environment. However, these practices have proven to be insufficient when looking at the harmful events involving human rights and environmental resources, which seems even
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From CSR to HRDD: An Overview of Approaches, Initiatives and Measures Adopted by the European Union International Community Law Review Pub Date : 2022-03-03 Monica Rosini
In recent years, the European Union has done much to promote Corporate Social Responsibility (CSR) and to implement the UN Guiding Principles on Business and Human Rights (UNGPs). Through CSR, enterprises can contribute to the EU objectives of sustainable development and a competitive social market economy. For these purposes, the EU has used a smart mix of voluntary and mandatory actions. The paper
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From ‘Due Diligence’ to ‘Adequate Redress’. Towards Compulsory Human Rights and Environmental Insurance for Companies? International Community Law Review Pub Date : 2022-03-03 Stephen J. Turner, Claire Bright
This article considers the case for compulsory corporate human rights and environmental insurance. It approaches it within the context of the need for more effective, efficient and just systems of redress for the victims of human rights and environmental harm that is caused by companies where they have operations or supply chains in single or multiple jurisdictions. Developments within the field of
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A Public International Law Outlook on Business and Human Rights International Community Law Review Pub Date : 2022-03-03 Ludovica Chiussi Curzi, Camille Malafosse
The relationship between corporations and human rights has long been in the eye of international law. As the nature and reach of corporate actors make them impervious targets for domestic regulation, international law has become increasingly concerned with the adverse impact of business activities on human rights and the environment. This article critically examines the major existing international
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Public Procurement as a Tool to Promote Sustainable Business Strategies: The Way Forward for the European Union International Community Law Review Pub Date : 2022-03-03 Michele Cozzio
This paper describes the international and European sustainable public procurement framework. It assesses the relevance of the sustainable solutions and describes how the rules and other legal practices promote green, social and economic goals in the public procurement field. The analysis shows that the outlines of the consolidation of sustainable public procurement, at juridic levels, are emerging
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The Role of the OECD Guidelines for Multinational Enterprises and the National Contact Points in Shaping the Future of Corporate Accountability International Community Law Review Pub Date : 2022-03-03 Patrick Simon Perillo
The OECD Guidelines for Multinational Enterprises (OECD Guidelines) are one of the few measures that were successfully realised on the international plane in the decades-long pursuit of corporate accountability. For 20 years, the OECD Guidelines and their non-judicial grievance mechanism, the National Contact Point (NCP), have been continuously resorted to by victims and advocates in holding businesses
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A True CSR through Codes of Conduct? The Need for a Source-Based Approach to Find Criteria for Accountability for the Activity of Multinationals International Community Law Review Pub Date : 2022-03-03 Maria del Sagrario Navarro Lérida, Lorena Sales Pallarés
The work addresses the paradigm shift of Codes of Conduct from non-binding standards to becoming the justification and basis for coercitive rules for the market and business currently in place. By reviewing different examples (such as the case of integrated corporate social responsibility reports, which have become a reporting obligation for non-financial information with high sanctions in cases of
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The EU Global Human Rights Sanctions Regime: between Self Help and Global Governance International Community Law Review Pub Date : 2021-12-20 Nathanael Tilahun
By adopting a Global Human Rights Sanctions regime, the European Union took a new step in leveraging its power to respond to human rights violations globally. The regime has a general scope, and targets both state and non-state actors. This paper shows that this regime occupies a tension zone between two competing approaches to sanctions: a self-help approach that perceives sanctions as deriving authority
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Mugemangango v. Belgium: No Exceptions for “Old Democracies” International Community Law Review Pub Date : 2021-12-20 James R. Brakebill
In Mugemangango v. Belgium, the European Court of Human Rights clarified its case law regarding the right to vote and stand for election. By holding that Belgium’s longstanding tradition of allowing parliamentary review of election disputes violates guarantees of fairness and impartiality, the Court made clear that it would not interpret Article 3 of Protocol No. 1 as providing an exception for so-called
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Commercial Companies as Applicants before the European Court of Human Rights International Community Law Review Pub Date : 2021-11-10 Karol Karski, Bartosz Ziemblicki
The status of commercial companies in international human rights law is controversial. Despite efforts to subject them to legal obligations in this field, they still cannot be held accountable for human rights violations. Companies have a standing before a few international courts, but only one international human rights court – the European Court of Human Rights. Surprisingly though, they can be applicants
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COVID-19, Business, and Human Rights: A Wake-Up Call to Revisit the “Protect, Respect and Remedy” Framework? International Community Law Review Pub Date : 2021-11-10 Surya Deva
COVID-19 has affected the full range of human rights, though some rights holders have experienced a disproportionate impact. This has triggered debate about the respective obligations and responsibilities of states and business enterprises under international human rights law. Against this backdrop, this article examines critically whether the “protect, respect and remedy” framework operationalised
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Drafting an International Legally Binding Instrument on Business and Human Rights: The Next Step towards Strengthening the Protection of Human Rights International Community Law Review Pub Date : 2021-11-10 Elżbieta Karska
This article deals with the process of creating a convention in the field of human rights, the working name of which is the ‘International Legally Binding Instrument on Business and Human Rights’. The author analyses the existing legal grounds for the responsibility of business for human rights violations in international law. She has assessed non-binding instruments, leading her to draw the conclusion
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Gaps in Corporate Liability: Limited Investigations of Corporate Crimes in Armed Conflicts International Community Law Review Pub Date : 2021-11-10 Jelena Aparac
Fact-finding is a fundamental step in providing documentation that can be used in domestic and international proceedings. The United Nations establishes commissions of inquiry to investigate international law violations, often in contexts of armed conflict, under the mandate of the Human Rights Council or other more political organs of the UN. They vary in mandate, as well as in investigative and geographic
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Legal Position of Administrative Courts in Poland: Commercial and Financial Cases Perspective International Community Law Review Pub Date : 2021-11-10 Marcin Wiącek
The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general
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Transnational Corporations and Human Rights: Is It Really a Gordian Knot? International Community Law Review Pub Date : 2021-11-10 Bożena Gronowska, Julia Kapelańska-Pręgowska
The problem of the different ways transnational corporations (TNCs) are held responsible for their violations of human rights standards has its own, long history. All the academic and legal efforts to date that have sought to clarify the proper grounds for effective remedies for wrongs that have been committed, have however failed to overcome the substantive obstacles and objections. Against such a
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The 2030 Sustainable Development Goals: The Quest for a Perfect World Order International Community Law Review Pub Date : 2021-10-22 Christian Tomuschat
The 2030 Agenda for Sustainable Development aims to change the world’s system of governance by introducing more justice in the distribution of material goods and services and protecting at the same time humankind’s natural foundations of existence from degradation. Although not binding in legal terms, the Agenda traces the lines for political action aiming to make social and economic rights a reality
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Legal Protection of the Right to be Forgotten on the Internet in European and Arab Legislation International Community Law Review Pub Date : 2021-10-06 Jamal Barafi, Ali Hadi Al-Obeidi
The development of the Internet and mass media has facilitated access to information and freedom of expression in unprecedented ways, but in so doing there have been many violations, especially of the right to privacy. Such violations have led to calls for the establishment of the right to be forgotten. In this paper, we focus on clarifying the concept of the right to be forgotten and the conditions
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Editorial: International Community Law Review Issue 23:4 International Community Law Review Pub Date : 2021-09-21 Kathryn Allinson
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The Standing of Indirectly Injured States in the Litigation of Community Interests before the ICJ: Lessons Learned and Future Implications in Light of The Gambia v. Myanmar and Beyond International Community Law Review Pub Date : 2021-09-20 Marco Longobardo
This article explores the legal challenges related to the standing of indirectly injured states before the International Court of Justice in relation to violations of obligations erga omnes and erga omnes partes. After an examination of the emergence of these kinds of obligations, the article addresses the evolution of the approach of the Court in relation to the issue of standing, in light of the
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Adaptation to Climate Change under Climate Change Treaties International Community Law Review Pub Date : 2021-06-29 Agata Bator, Agnieszka Borek
On the ground that climate change poses a great threat to societies and economies, it became evident for policy makers that attention should be given to the problem of adaptation, i.e. adaptation measures should be undertaken to minimize the adverse impacts of climate change. As the debate on the adverse impacts of climate change advanced at international level, states are taking actions at national
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Biodiversity and Climate Change International Community Law Review Pub Date : 2021-06-29 Malgosia Fitzmaurice
This article analyses the question of a relationship between biodiversity and climate change. The legal framework for the protection of biodiversity from climate change is contained in the climate change system of treaties, i.e. the 1992 United Nations Framework Convention on Climate Change; the 1997 Kyoto Protocol; the 2015 Paris Agreement, on one hand; and the 1992 Convention on Biological Diversity