International Law

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

Leave a Comment / Heloísa Pinheiro de Castro Simão, International Law /

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

Leave a Comment / International Law, Vanessa Vohs /

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?

Leave a Comment / Eponine Howarth, International Law, Popular Posts /

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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About the Mystery of International Criminal Law – An interview with Prof Gerry Simpson (LSE Chair of Public International Law) [Audio Available]

2 Comments / International Law, Vanessa Vohs /

LSE Law Review · About the Mystery of International Criminal Law – An interview with Prof Gerry Simpson In this special interview, LSE Law Review Notes Editor Vanessa Vohs1asks Professor Gerry Simpson (LSE Chair of Public International Law) about the mystery of international criminal law: why is the discipline heavily criticised and nonetheless still blossoming so much

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The Menace of Ethnic Imbalance in International Arbitration

1 Comment / International Law, Prateek Joinwal /

With the increasing popularity of international arbitration as a forum for resolving trade and investment disputes, the call for having ‘ethnically balanced’ panels of arbitrators has been stronger than ever. However, statistics reveal that these panels have retained their antediluvian Anglo-European hegemony, which hampers their legitimacy by engendering claims pertaining to their failure to be

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The Unification of Private Law in Times of COVID-19

1 Comment / Francesca Giordanelli, International Law, Michele Corgatelli, Private Law /

Abstract This article tests the role of three UNIDROIT instruments in reducing the uncertainty caused by the COVID-19 pandemic. First, we cover force majeure and hardship under the Principles of International Commercial Contracts. Then, we turn to the harmonisation of substantial civil procedure. Lastly, we analyse the International Convention on Travel Contracts. 1. The global pandemic and

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Schrems II – Implications for Data Flows Post Brexit

Leave a Comment / International Law, Osama Shaaban /

Introduction  The invalidation of the EU-US Privacy Shield in the advent of the Schrems II case raises a plethora of concerns for the UK’s free flow of data to the European Economic Area (EEA) post-Brexit. With the instant invalidation of the Privacy Shield agreement relied upon by over 5000 corporations within the EU and the US1, transborder

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Building the Conscience of Humankind: An Analysis of the Use of Selective Imagery on the 75th Anniversary of International Criminal Justice

Leave a Comment / International Law, Kevin Gerenni /

Abstract The past November marked the 75th anniversary of the start of the Nuremberg Trials, a milestone that the Tokyo Trial will in turn reach next May. These two proceedings instituted the long-awaited birth of international criminal justice, after the frustrated trial of Kaiser Wilhelm II following the Great War and the Treaty of Versailles.

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The European Court of Human Rights, the Margin of Appreciation and European Consensus: Strengthening or Diluting Minority Rights?

Leave a Comment / International Law, Karen Viktoria Akerø-Stueland /

Abstract: This article analyses the European Court of Human Rights’ use of the concepts of ‘European consensus’ and ‘margin of appreciation’ in light of their effects on minority rights. Normative justifications and objections to the Court’s use of the doctrines are outlined. Through an exploration of the Court’s jurisprudence on minority rights within the European

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Investor-State Dispute Settlement: Understanding the System’s Legitimacy Crisis in Constitutional Terms

Leave a Comment / International Law, Mathias Baudena /

Abstract: Investor-State Dispute Settlement is currently facing a legitimacy crisis which threatens to rattle the very foundations of the system. It is suggested this crisis can be divided in two: a procedural crisis, which can be addressed by reform, and a substantive crisis, which threatens the existence of the entire regime. This article focuses on

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