Beyond Human Rights
Our authors debate Anne Peters book on the individual in international law
…in international law? Fresh answers come from Anne Peters’ book „ Jenseits der Menschenrechte “, initially published in German and soon available in an updated English version from Cambridge University…
Legalization of the OSCE?
…of international law proper. In a famous passage of the 1975 Final Act of Helsinki, the Participating States specified that the instrument they had adopted was “not eligible for registration…
Prior Informed Consent – the Case of Peru
The Wrong Kind of Right? Prior Consultation between Contestation and Meaninglessness in the Peruvian Amazon
…and procedures. If indigenous people are recognized in international law and politics they accordingly have to be taken seriously in processes of norm contestation. This requires mutual understanding and respect…
May it please the Court – A danced pleading
…the Court will be pleased. Raphael Schäfer is working as a research fellow at the Max Planck Institute for Comparative Public Law and International Law. Cite as: Raphael Schäfer, “May…
“You learn a lot from your teachers but mostly from your students”
An interview with Joseph H. H. Weiler
…in the 2017 Masterclass at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. At the end of four amazing days of discussion and learning, Joseph…
Is there a positive obligation on Russia to legalise same-sex unions under the European Convention on Human Rights?
The communicated case of Fedotova and Shipitko v. Russia
…role when assessing the topic of legal recognition of same-sex relationships. As a result, private international law approaches of the member states in respect of same-sex relationships differ to a…
Dense Struggle (IV): The Ghostly Real
…has called up by his spells”. [9] ________________________ Luis Eslava is a Lecturer in international law at Kent Law School, a Senior Fellow at Melbourne Law School, and an International…
Constitutional authoritarianism, not authoritarian constitutionalism!
A Constitutionalist View
…last decades like global constitutionalism or international constitutionalism, and appears to describe new developments in constitutionalism. I am, however, deeply convinced that the use of the term authoritarian constitutionalism in…
The ICC’s Al Mahdi verdict on the destruction of cultural heritage: two steps forward, one step back?
…international court, although international humanitarian law has protected cultural property for about a century. The Court asserted that cultural objects are protected regardless of whether the attacks are perpetrated in…
The Bemba Trial Judgment: A Small Step in the Right Direction
…reaffirms the gravity and societal impact of sexual violence as an atrocity crime. It is also the first time in international criminal law where sexual violence against men is recognized…