DiscussionResponse

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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Call for ContributionsCritical Race Perspectives on International LawSymposium

Call for Contributions: Critical Race Perspectives on International Law

Call for contributions to the upcoming online-symposium

“Race is the child of racism, not the father,” writes Ta-Nehisi Coates in “Between the World and Me”. Such understanding of race not as an empirical category but as a category for analyzing power relations and structural discrimination underlies the symposium “Critical Race Perspectives on International Law“ that Völkerrechtsblog will host in January 2018. We invite contributions that address questions of race in various areas of international law, those taking …

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DiscussionKick-off

A right to tourism – and the duty of hosting the leisure class

Some thoughts on the recent Convention on Tourism Ethics

The movement of bodies across borders attracts significant media and academic interest. This interest is often directed at specific forms of movement, such as refugees and economic migration. Another form of movement of bodies is having an important environmental, cultural, social and economic impact, albeit more quietly in the human rights realm: that of tourism, most especially mass tourism. Leisure tourism is not widely recognized as a serious area of …

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Call for ContributionsRussian Perspectives on International LawSymposium

Call for Contributions: Russian Perspectives on International Law

Call for contributions to the online-symposium

The Völkerrechtsblog is happy to announce an online symposium on “International Law Seen from Russia”. This symposium is meant to offer insights from scholars working on international law issues related to Russia, to shed light on specific questions from the Russian context, and on Russian perspectives on international law. Russia is among the five permanent members of the United Nations Security Council, occupying a central place in UN law-making and …

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DiscussionResponse

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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Global South in Comparative Constitutional LawSymposium

Auctoritas non veritas facit Legem

A Response to Professor Roberto Niembro’s Conceptualisation of Authoritarian Constitutionalism

This blog post is a response to Roberto Niembro’s post on authoritarian constitutionalism for the Global South in Comparative Constitutional Law. This post will be cross-posted on the Blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL blog .  At the beginning of the new century there are more constitutional democracies than ever, and authoritarian regimes seems to be weaker, isolated and more …

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Current Developments

The identification of individuals

Some thoughts on the ECHR judgment in the case N.D. and N.T.

The European Court of Human Rights (ECtHR) in its judgment in the case and N.T. v. Spain found that push-backs to Morocco in the border zone of the Spanish enclave Melilla violated the prohibition of collective expulsion. The decision is important as it concerns the delimitation between legitimate border protection and practices that violate the European Convention of Human Rights (ECHR) – and thereby the key question in all regulation …

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DiscussionKick-off

Brother, where art thou?

Libya, spaces of violence and the diffusion of knowledge

The key political question in recent months has been how to reduce the number of unauthorized migrants that arrive to Europe’s shores in rickety vessels from politically unstable countries in North Africa. The overwhelming majority of the more than 134.000 migrants that arrived by sea to Europe this year landed on Italian shores (approximately 103.300). Most of the migrants landing in Italy departed from wartorn Libya. Italy seems to have …

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Discussion

Combatting the legal side effects of privatized war

What has been achieved, and what still needs to be done in international legal scholarship on Private Military and Security Companies

This contribution continues our journal cooperation with the journal “Swiss Review of International & European Law“. Over the past twenty years a lively debate on the regulation of private military and security companies (PMSCs) in situations of armed conflict has developed. The time has come for an appraisal of the rich literature on the phenomenon. This post which is written in the context of the journal cooperation with the Swiss …

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Current Developments

Returns Without Examinations

Greece’s Recent Judgment on Syrians’ Asylum Claims

On September 22, 2017, Greece’s highest administrative court – the Council of State – proclaimed that two Syrian asylum seekers can be deported to Turkey as a so-called safe third country. A court official explained the reasons for the judgment stating that “the court rejected the Syrians’ claims that their life and freedom would be in danger if they were returned to Turkey, as the judges opined this did not …

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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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Current DevelopmentsDiscussionKick-off

The Referendum on Catalan Self-Determination (Part II)

Endemic Rhetoric, Interpretive Hypocrisy and Legal Imagination

Constitutionalizing Secession in Canada and Britain: Setting a(n) (bad) example? What encouraged the Catalans to place their bets on the persuasive power of remedial self-determination were two constitutional, not international legal texts: the Supreme Court of Canada’s 1998 Reference re Secession of Quebec, and the 2013 Edinburgh Agreement between the British and the Scottish governments on the referendum of the independence of Scotland. Though neither offered support to the Catalan …

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Current DevelopmentsDiscussionKick-off

The Referendum on Catalan Self-Determination (Part I)

Endemic Rhetoric, Interpretive Hypocrisy and Legal Imagination

Dawn of the Living Dead? Self-Determination in (Southern) Europe, 1991 – 2017 Scheduled to take place on 1 October 2017, the referendum on the independence of Catalonia looks to be a turning point in the history of the Iberian peninsula; if not a point of no return, then at least the moment after which the relationship between Catalonia and Spain will never again be the same. Though it is hard …

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Global South in Comparative Constitutional LawSymposium

Access to Justice for Socio-Economic Rights: Lessons from the Indian Experience

This is a cross-post shared with  the blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL Blog. Professor David Bilchitz in a recent blog considered obstacles concerning access to justice for litigating socio-economic rights in South Africa and potential solutions to overcome these obstacles. He argued that South Africa should (i) empower individuals to enable them to make claims and (ii) expand its current …

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Discussion

Is a bird in the hand always worth two in the bush?

An assessment of the EU’s New Approch Towards the Two-State Solution

This post inaugurates a new cooperation of Völkerrechtsblog with the “Leiden Journal of International Law“. Firmly established as one of the leading journals in the field, the Leiden Journal of International Law (LJIL) provides a venue for sharp and critical voices that speak on the theory and practice of international law. It aspires to introduce or amplify refreshing and innovative approaches to perennial as well as topical issues in the field. The Journal’s focus …

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Current Developments

Messing with the Mess We Are In

Notes from the Transregional Academy on ‘Redistribution and the Law in an Antagonistic World’ from 21-30 August 2017 in Berlin

German legal scholarship has a reputation for being quite orthodox. Amid doctrinal sophistication and positivist assumptions, however, lie hidden treasure islands of heterodoxy. One such island was the Transregional Academy on ‘Redistribution and the Law in an Antagonistic World’, organized by the Forum Transregionale Studien and a steering committee of legal academics based in the US, UK and Germany. The Academy explored different ways in which law shapes and regulates …

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