DiscussionResponse

Quo Vadis PMSC?

The way forward in dealing with Private Military and Security Companies: A response to Prof. Sossai’s assessment of the legal side effects of privatized war

In his recent post, Mirko Sossai succinctly summarized three phases of research on Private Military and Security Companies (PMSC). He also named the challenges on the way forward, particularly the need to avoid competing regulatory initiatives and finding an end to impunity of PMSC. This blog post will continue the discussion and focus on five key challenges for legal scholarship focused on PMSC. 1) Misunderstandings of Legal Terminology As Sossai …

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Who may see the Acropolis? Global patterns of inequality and the right to tourism

In her contribution on the newly created right to tourism, Sabrina Tremblay-Huet convincingly states, that the social and economic phenomenon of tourism has been widely disregarded by the social sciences, law and philosophy due to the focus of the academia on migration. However, there are many reasons to highlight the growing relevance of tourism in world society: First, the tourist sector generates by now 10 percent of the world’s GDP. …

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Rethinking containment through the EU-Libya Migration Deal

In response to Nils Muiznieks, Human Rights Commissioner of the Council of Europe who asked Italy to clarify its relationships with Libyan militia, the Italian Prime Minister Marco Minniti declared on October 11 that Italy’s goal is twofold: “to prevent migrant crossing which put life at risk […] and to grant that international standards are respected in Libya”. Minniti’s speech should be analysed in the light of the recent overt …

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Current DevelopmentsDiscussionResponse

The Referendum on Catalan Self-Determination: Long Shots and Legal Flair

The image conjured by the first subtitle of Zoran Oklopcic’s post on the referendum on Catalan self-determination, that of a zombie self-determination resurrected from its post-Kosovan resting place and back to haunt international legal rhetoric perfectly captures the mood amongst many in the international community who had perhaps been hoping that the rhetoric of self-determination had all but given up the ghost. As Oklopcic underlines, the past 15 years have …

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DiscussionResponse

On ‘cyber trafficking’ and the protection of its victims

‘Cyber trafficking’ has become a buzzword in scientific and policy discussions related to human trafficking. However, as has been noted elsewhere, the term is far from being used in a uniform way. In her recent post, Sabine Witting discusses the case of trafficking that is exclusively committed online. In my view, ‘cyber trafficking’ is a much more wide-spread phenomenon than what her article seems to imply, occurring within many cases …

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The role of the ICC and of non-State actors concerning the protection of cultural heritage

International cultural heritage law is a vast and complex field of research which involves many actors, as the previous contribution by Adrianna Michel shows. In response, we would like to give a couple of thoughts on two of the issues raised by the author: the role of the International Criminal Court (ICC), and the role of non-States actors. Regarding the ICC, the condemnation of Ahmad Al Faqi Al Mahdi for …

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Current DevelopmentsDiscussionResponse

Die Büchse der Pandora

Auch bei einem Giftgaseinsatz erlaubt das Völkerrecht aus gutem Grund keine militärische Strafaktion

Eine Replik auf den Beitrag von Alexander Groß. In der Nacht vom 6. auf den 7. April hat die US-Navy 59 Tomahawk Marschflugkörper  auf den Stützpunkt der syrischen Luftwaffe Shayrat in der Nähe von Homs abgefeuert. Neun syrische Soldaten sind dabei vermutlich getötet worden. Der Angriff soll eine Reaktion auf den vermutlichen Einsatz des Giftgases Sarin durch syrische Streitkräfte in dem Dorf Khan Sheikhun sein. Syrien bestreitet allerdings den Einsatz …

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DiscussionResponse

Does transnational environmental crime and transnational fisheries crime exist in international law?

Yes, and it is thriving.

In her post, Professor Elliott argues for a ‘levels-of-analysis’ approach to understanding transnational environmental crime. I made a similar argument in a Chapter entitled ‘Fisheries Crime’ in Elliott and Schaedla’s recent book, where I propose three different dimensions to the analysis of ‘fisheries crime’: As a concept in law or the ‘legal procedural perspective’, where ‘fisheries crime’ is an umbrella term for a number of criminal offences, As a criminological phenomenon …

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The battle against transnational fisheries crime

Jurisdictional challenges

The raison d’être of the concept of transnational ‘fisheries crime’ (TFC) (INTERPOL 2013) or ‘marine resource crime’ (UNODC 2011) can be traced to endemic illicit activities in the fisheries sector which, due to their devastating impacts, are increasingly considered as a serious problem worthy of attention as ‘criminal’ rather than merely ‘illegal’ behaviour. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …

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DiscussionResponse

Transnational environmental crime: a challenging problem but not yet a legal concept

A response to Lorraine Elliott Transnational environmental crime is both a challenging reality and a legal concept in the making. From an international law point of view, this concept is currently being defined by soft law instruments that are transmitting normative expectations about the way States may address it rather than prescribing legal provisions. These instruments are paving the way for the future development of international agreements and play an …

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