DiscussionKick-off

Cross-border surrogacy transactions (CBST):

Can consumers’ states choose whether or not to regulate?

Whether surrogacy is ethical or not is subject to lively debate. But so far, it is the prerogative of each sovereign state to decide whether to allow or forbid in its territory the provision of surrogacy treatments, according to its own national values. However, when citizens’ personal values and interests do not go hand in hand with the chosen regulation of their home state (consumers’ state), globalization enables them to …

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Current Developments

A Financial Crisis or Something More?

A turning point for the Inter-American Commission on Human Rights

On May 23, 2016, the Inter-American Commission on Human Rights (IACHR) published a press release giving notice of an immediate financial crisis leading to the “suspension of hearings and imminent layoff of nearly half its staff.” The IACHR asserted that this situation arose as a result of the Organization of American States (OAS) member states’ failure to support the fulfilment of the Commission’s mandate. The IACHR’s budget deficit is, nevertheless, …

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Interview

„Who among us gets to be global?“

An Interview with Atossa Araxia Abrahamian

Atossa Araxia Abrahamian wrote a book entitled „The Cosmopolites“, which speaks about global citizenship in a way that is deeply informed by the theoretical discussion but at the same time rich in concrete stories. These involve stories about stateless persons, for whom their state of residence decided to buy citizenship of another state, stories about the merchandising of passports for a global elite, and stories of a man who decided …

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International Health GovernanceSymposium

The Human Right to Health in Africa

Great Expectations, but Poor Results

Thirty years after the entry into force of the African Charter on Human and Peoples’ Rights (ACHPR), the protection of human rights still encounters many difficulties in the majority of the African States. Above all, the implementation of the ‘second generation’ human rights seems largely unrealistic, in spite of the great expectations emerging from the pertaining legal texts. The human right to health, enshrined in Article 16 of the ACHPR, …

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Interview

Law as a site of politics (Part II)

An interview with Hilary Charlesworth

Völkerrechtsblog is delighted to post the second part of our conversation with Hilary Charlesworth. In this part of the interview she tells us more about the power of rituals and ritualism in human rights law, the role of law in regulation, why interdisciplinary research in law matters, and about her time on the ICJ, where she worked on the Whaling case.

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Interview

Law as a site of politics (Part I)

An interview with Hilary Charlesworth

Hilary Charlesworth is best known for her work on feminist theory and international law, however her intellectual curiosity extends far beyond this – for example she recently explored the role of rituals and ritualism in human rights monitoring and in 2011 she was appointed judge ad hoc of the International Court of Justice for the Whaling in the Antarctic case. In 2015 Völkerrechtsblog had the pleasure to meet with Hilary Charlesworth in …

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Debating "Beyond Human Rights"Symposium

Part 2: Simple international rights, global constitutionalism, and scholarly methods

The rejoinder to comments on “Beyond Human Rights” continued

This post continues Anne Peters rejoinder  Roland Portmann’s main point is that national (domestic) law principles and practices matters crucially for the legal status of the individual, and that we must study closely the “interface of domestic constitutional law and international law.” He also highlights the importance of domestic law on the incorporation of international (treaty) law. Portmann is right in pointing out that direct effect is crucial. I would …

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Debating "Beyond Human Rights"Symposium

Simple international rights, global constitutionalism, and scholarly methods

A rejoinder to comments on “Beyond Human Rights” – part 1

An unexpected, organized, serious, and multiple engagement with arguments put forward in a manuscript which has gained shape, has grown, was written and re-written, was shrunk, cut, re-arranged, and which haunted my nights over so many years, which was proof-read and re-read so many times (though without detecting a number of embarrassing typos) − such an engagement is surely the most precious gift any scholar can ever receive. I am …

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Debating "Beyond Human Rights"Symposium

Beyond Individual Criminal Responsibility?

Anne Peters’ most recent opus ‘Beyond Human Rights: The Legal Status of the Individual in International Law’ constitutes an outstanding and ground-breaking piece of scholarship that radically re-positions the individual within the grid system of international law and consistently supplements her previous work on global constitutionalism: The book hence establishes a new frame of reference for analysing the individual’s status under international law as – instead of exclusively focussing on …

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Debating "Beyond Human Rights"Symposium

De-constitutionalizing individual rights beyond the state?

Democracy and universality below and between human rights   

With its translation into English, Anne Peters’ “Beyond Human Rights” provokes reactions from a wider scholarly community that does not necessarily share her doctrinal methods, theoretical commitments or underlying political philosophy. Zoran Oklopic thus reads her work critically as a call for a “ius cosmopoliticum” based on “normative individualism”, as a liberal legalism which empowers the bourgeois to effectively enforce individual – read: corporate – property rights through investment arbitration but …

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