Abstract When one considers arbitration in the context of climate change, investment arbitration often comes to mind. However, this article proposes to take a step back and ponder if commercial arbitration also has a role to play in this fight. In order to ascertain the role (if any) that this private dispute resolution mechanism can […]
1. Introduction The conjugal family, limited to exclusive bonds of marriage and parenthood, has consistently served as the primary norm underpinning family law in many jurisdictions, including England and Wales,1 the United States2 and the European Union.3 However, this restrictive definition of family has been criticised for its inability to reflect social reality. Jill Hasday observes that American
I. INTRODUCTION Case C-800/19 Mittelbayerischer Verlag1 is a jurisdictional dispute concerning online defamation. The relevant legal framework in this case is the Brussels I Regulation 2012 (‘Brussels I’), which contains rules that European Union (‘EU’) Member States’courts use to decide whether they have jurisdiction to hear a cross-border case which involves one or more EU countries.2 In light
Abstract This article investigates the extent to which women are de jure and de facto discriminated against in the asylum application procedure as governed by international refugee law. It will be proven that, in the adjudication of an applicant’s ‘well-founded fear’, female asylum seekers are exposed to sexist bias in both the subjective and objective
Abstract Cyberspace is increasingly becoming part of the battlefield in situations of armed conflicts. While the rules of the ius in bello governing such situations were drafted when physical violence was the main harm from which civilians needed to be protected, many of the harms arising from military cyberoperations are non-physical, which leads to legal unclarity and
This article aims to explore two judicial approaches put forth by the Court of Justice of the European Union regarding the free movement of goods in the internal market – one emphasising the effect national rules have on intra-community trade, and the other focusing on the discrimination by national rules between domestic and other Member
Reviving National Autonomy in an Integrated Europe: Keck’s Underlying Virtue Read More »
This article examines the relationship between zero-rating and net neutrality in light of the latest case law of the Court of Justice of the European Union, namely the Vodafone case (Case C-854/19). The aim is to determine whether the UK should follow the EU’s example in banning zero-rating practices as seen in Vodafone. It is argued that this question
Zero-rating Practices in the EU and Beyond: A Blow Against Net Neutrality Read More »
Inspired by a recent proposal by legal experts in June 2021 to introduce a new international crime of ecocide, this article argues that a new International Environmental Criminal Court (IECC) should be established to specifically handle ecocide cases. It explains why ecocide attains a better balance between feasibility, viability, and desirability compared with other possible
Prosecuting Ecocide via a New International Environmental Criminal Court Read More »
