Treaties, Peremptory Norms and International Courts: Is the Hierarchy Theory Treading Water?

Introduction:In its recent report, the ILC addressed two main outstanding issues relating to jus cogens norms: the existence of regional jus cogens and the possibility of an illustrative list.1 The report concludes with draft conclusion 24, which proposes a non-exhaustive list of the “most widely...

In International Law, Feb 27, 2020

All Posts

R v. Evans: An Uneasy Precedent?

R v. Evans: An Uneasy Precedent?

In Criminal Law, Nov 29, 2019

Would becoming a republic be so simple?

Would becoming a republic be so simple?

In Public Law, Oct 21, 2019

Private law protection of human rights from corporate abuses: deep and meaningful?

Commentary on Lungowe and others v Vedanta Resources plc and Kokola Copper Mines plc [2019] UKSC 201

In Public Law, Oct 17, 2019

Privilege against Self-Incrimination in Civil Injunctions: the Double-Edged Sword of Themis?

In general, the privilege against self-incrimination (“PSI”) protects a defendant from being compelled to provide (potentially) incriminating statement or information. PSI may be asserted...

In Criminal Law, Oct 09, 2019

The delicate balance between Carl Schmitt’s constituent power and liberal constitutionalism: a misunderstood and over-complicated dichotomy?

The tension between constituent power and a liberal theory of constitutionalism is important in constitutional theory as they paint very different perceptions of the nature of authority i...

In Public Law, Sep 23, 2019