International Law

Sinkova v Ukraine: A Threat to Freedom of Expression in Democratic Society?

Sinkova v Ukraine is an ECtHR case concerning Anna Sinkova’s conviction for frying eggs over the Eternal Flame at the Tomb of the Unknown Soldier in Ukraine. This article argues against the majority’s judgment that Sinkova’s Article 10 right to freedom of expression had not been violated, ultimately finding that it was based on deficient […]

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The incorporation of the Genocide Convention in France and the UK: a grudging fight against impunity

Abstract The incorporation of an international convention into national law plays a central part in its effectiveness at the domestic level. This becomes increasingly crucial in the field of international crimes governed by the International Criminal Court (ICC), such as genocide, where States have primary jurisdiction for the prosecution of criminals. Without adequate legislation, States

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Commercial Arbitration and the fight against climate change: what role can it actually play?

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

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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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