DiscussionResponse

Victor’s Justice, Contested

A Response to Gabriel Lentner

In his post, Gabriel Lentner argues that the ICC legitimizes and reproduces “victor’s justice” through its acceptance of Article 13(b) referrals from the Security Council. He takes issue with the legal nature of the referrals, in which he finds the legitimation of a double standard of international justice in the Rome Statute. He also sees a double standard in the referrals themselves. That is, the referrals under Article 13(b) are …

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DiscussionLaw and LiteratureResponse

Towards a more radical deterritorialisation of language

The Case for Esperanto

A reply to Ekaterina Yahyahoui It is hard to imagine an ‘intensive usage’ of language being accommodated within international law. How would international treaty-making incorporate use of syntax ‘in order to cry, to give a syntax to the cry’? How would the judges of the ICJ treat counsel addressing them in language that is not intended to convey content, but rather to allow ‘a direct and immediate access to emotion’? …

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DiscussionResponse

The Role of Human Rights in the Realm of Arms Transfers

The Example of Germany

Elif Askin picked a current, important, and yet rarely discussed issue for her insightful post and offered a compelling perspective on human rights law and arms transfers. By transferring arms to regions where the human rights situation is precarious, Germany risks to contribute to human rights violations, as Elif has highlighted. I will use this opportunity to take up the example of Germany and look at how the human rights situation …

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DiscussionResponse

Understanding the impact of different concepts of surrogate mother for the regulation of international surrogacy arrangements

A response to Sharon Bassan

In her post to this blog, Sharon Bassan advances the argument for a duty on consumers’ states to regulate cross-border surrogacy transactions. The factual background is as follows: intended parents residing in a country with a higher average income, travel to a country with a lower average income, usually in eastern Europe or the global south, to make use of the services of a surrogate mother, and then return to …

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DiscussionResponse

A Response to “A Financial Crisis or Something More?”

In a post of 13 June to this blog, the authors addressed the financial crisis of the Inter-American Commission on Human Rights, characterized it as a result of state dissatisfaction, and portrayed it as an opportunity to reimagine the role of member states and the organs of the Inter-American Human Rights System (the Commission and the Court). I agree with the authors that the financial crisis goes beyond the issue …

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DiscussionResponse

A Response to “Is the Islamic State a State?”

Ralph asks “Is the Islamic State a State?” and his answer has three strings: First, he presents what he calls the advocatus diaboli opinion that all statehood requirements (territory, population, government) are fulfilled. Second, he explains the meaning of recognition as a requirement for the formation of a state. And third, he sets forth the legitimacy argument by concluding that because of the lack of the rule of law, the …

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DiscussionResponse

A Response to “Which Rights to enforce in Time of Public Emergency?”

A response to Cilem Şimşek The interplay between human rights law (HRL) and international humanitarian law (IHL) is one of the most difficult and fascinating topics of international law. The blog by Cilem Şimşek  attempts to put in perspective the evolution of this interplay with a focus on the practice of the European Court of Human Rights. Three key themes are developed. Each of them gives rise to diverging interpretations as …

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DiscussionResponse

Thinking globally, acting globally

The case of corporate criminal liability and economic crimes

As stated in Ricarda’s post, the African Union surprised the international community in 2014 with its proposal for the creation of an integrated African Court of Justice and Human Rights (ACJHR) drafted in the Malabo Protocol. The planned criminal law chamber stirs academics as much as practitioners because of its not yet defined relationship to the International Criminal Court (ICC). The new chambers could either be upstream or equally ranked with …

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DiscussionResponse

Die Besonderheit der Bodenschätze

Eine Erwiderung auf Markus Krajewski

Dieser Beitrag erwidert auf den Post von Markus Krajewski im Rahmen unserer Journal-Kooperation mit der “Verfassung und Recht in Übersee“. Ich freue mich, dass mir die Redaktion des Völkerrechtsblogs die Gelegenheit gibt, hier meine aktuelle Forschung zur Diskussion zu stellen. Die Krüger-Vorlesung von 2014, die Markus Krajewski kommentiert, ist ein kleiner Ausschnitt aus einem größeren Projekt zum transnationalen Rohstoffrecht.

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DiscussionResponse

Climate Change and the Arctic as a Common Concern

A response to Birgit Peters. In her blog post Birgit Peters reflects on “recent rules and approaches” for protecting the Arctic region in a time of intense climatic changes. Peters emphasizes what she understands as a shift from traditional regulatory approaches that frame the Arctic as a common heritage and common concern, focused on prohibition, to an integrated approach focusing on sustainability. Peters in this respect discusses the role of …

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