DiscussionResponse

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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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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Die UNO als Kopie antiker Vorbilder?

Vom Nutzen und Nachteil eines Anachronismus

Kommentar zum Beitrag von Jorrik Fulda In seinem aufschlussreichen Beitrag argumentiert Jorrik Fulda, dass die Vereinten Nationen als System kollektiver Sicherheit dem antiken Modell der Koine Eirene (κοινὴ εἰρήνη) oder Amphiktyonie nachgebildet sind, einem Bündnis griechischer Stadtstaaten, das der Pflege eines gemeinsamen Kultes und der Verteidigung verpflichtet war. Beide seien partikular – und „auf die realpolitische Unterstützung durch einen ambivalenten Hegemon angewiesen“. Fulda geht auf Parallelen und Unterschiede ein, vergleicht …

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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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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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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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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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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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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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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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