International Law

What’s in a name? Breaking down jurisdiction rules for online personality rights claims in CJEU Case C-800/19 Mittelbayerischer Verlag

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 […]

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The Credibility Gap and Chronic Underreporting: Gender Discrimination in the Asylum Application Procedure

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

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‘Important update needed’: Can International Human Rights Law help to address the non-physical harm caused by military cyberoperations?

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

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Reviving National Autonomy in an Integrated Europe: Keck’s Underlying Virtue

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

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Zero-rating Practices in the EU and Beyond: A Blow Against Net Neutrality

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

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Prosecuting Ecocide via a New International Environmental Criminal Court

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

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The United Nations Universal Periodic Review: an effective tool for the international protection of human rights?

This article uses the Democratic People’s Republic of Korea (‘DPRK’) as a case study to evaluate the successes and failures of the United Nations Universal Periodic Review (‘UPR’). This process, established during the creation of the United Nations Human Rights Council (‘UNHRC’) in 2006, including all 193 Members of the UN, is a peer review

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Social Protection Measures amid the COVID-19 Pandemic and the Reaffirmation of International Neoliberal Human Rights: A critical assessment of the UK example

1. Introduction The COVID-19 pandemic and states’ measures to contain the virus’ spread have led to a global socio-economic crisis with effects similar to a post-war scenario. In 2020, 115 million people fell into extreme poverty and 35 million more may follow the same path in 2021.1 Moreover, the pandemic has exposed how more than 30 years

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Meaningful Human Agency in Automated Weapon Systems: a Plea for Human-in-the-loop Regulation

Abstract This essay will critically assess how automated human-in-the-loop weapon systems affect human agency and which legal regulatory framework should be applied to such systems. Against this backdrop, I will first draw on the concept of human agency and its importance for international humanitarian law; next, I will show how human agency is affected by

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Common But Differentiated Responsibilities: Inequitable and Ineffective?

Abstract This article analyses the principle of Common but Differentiated Responsibility (CBDR), one of the guiding principles regulating the international rules and standards related to climate change, enshrined in the legal framework of the United Nations Framework Convention on Climate Change (UNFCCC). CBDR establishes that all states are responsible for addressing global environmental destruction, but

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