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Conduct not attributed to a State may nevertheless be considered an act of that State if that State acknowledges and adopts the conduct as its own. Sweden - together with many other states, including the Nordic states - instead regards due diligence to also be a rule of international law in cyberspace. However, in situations where non-state actors act on the instructions or under the direction or control of a State, that conduct is attributed to the State. State responsibility An internationally wrongful act by a State entails the responsibility of that State under international law. [Extracted from the article]

Even if a cyber operation is not conducted by someone acting directly or indirectly on behalf of a State, the State may nevertheless be held responsible under international law if it fails to take adequate measures against cyber operations that target third States from or via its territory. Accordingly, if a State possesses knowledge of a cyber operation being carried out from or via its territory causing serious adverse consequences with respect to a right of the target State under international law, it is required to take adequate measures to address the situation. In order for a State to be held responsible for a cyber operation under international law, it is a condition that the cyber operation is attributable to the State under international law.[30] Both State and non-State actors conduct cyber operations. An armed attack is the gravest form of the use of force. i Article 2(4) of the UN Charter prohibits the threat or use of force by a State against the territorial integrity or political independence of another State, or in any other manner inconsistent with the purposes of the UN. [Extracted from the article]

A State may be responsible under international law for acts undertaken by an organ of the State or by actors exercising government authority on behalf of that State. Denmark does not share this view, but contends that State practice supports that a State might in some instances and under certain conditions be permitted to exercise self-defence against an armed attack by a non-State actor. 2 Sovereignty Sovereignty denotes each State's authority to exercise within its territory the functions of a State, to the exclusion of any other State. Countermeasures must be directed against State organs or other entities acting on behalf of, or whose acts are attributable to, a State as it is the State that is in breach of its obligations vis-à-vis the target State. [Extracted from the article]

The article "Global Atrocity Justice Constellations: Editors’ Introduction" presents a collection of 13 papers developed by scholars engaged in an EU cost Action, focusing on international criminal courts and tribunals in atrocity justice scholarship. The papers cover diverse regions and atrocity experiences, highlighting the global reach of atrocity justice efforts and the specificities of local conditions. The papers emphasize the complex and dynamic landscape of atrocity justice, underscoring the interdependence between international criminal tribunals, states, and civil society in shaping justice delivery. The article calls for further research and analysis to address the evolving challenges of global atrocity justice. [Extracted from the article]

The paper discusses the relationship between the sources of international law and fairness. The author addresses this issue within the framework the following main question: what is the role of fairness for the formal sources of international law? By analysing the relationship between fairness and the formal sources of international law, the author also responds to two other, substantively relevant, questions: is the typology of these sources listed in Article 38 of the Statute of the ICJ fair?; is soft law a means to fairness in the sources? The author claims that fairness is neither a material nor formal source of international law but it is a procedural value which supports the legitimacy of the making of international law. Thus, it is relevant to the formal, not material, sources of international law. The term 'formal sources' is used in the paper in the twofold meaning. First, as instrumentum or 'containers' for rules and principles (where the law can be found), and, second, as processes and forms by which rules and principles are made. The author's proposition is that fairness is primary relevant to the latter meaning. When the international law-making processes are fair, then their results, i.e., the formal sources conceived as instrumentum or 'containers' are also fair, and the law may be known. Rules and principles of international law are fair when they satisfy the requirements of a fair international law-making process, in particular, certainty, transparency and authoritativeness/representativeness. That is why, fairness may be seen as a crucial criterion of the legitimacy of international law-making processes. There are close relationships between fairness, law-making, legal certainty, effectiveness of rules and principles and the rule of law. These relationships mark the place of fairness in the sources of international law. The author seeks to point out that fairness as a product of the constantly changing social and political environment, does not occur in its pure form in practice. As such, fairness is a 'matter of degree' in the international law-making. That is why, a realistic goal of the international legal order is neutralization of unfairness as much as possible. [ABSTRACT FROM AUTHOR]

This paper contextualises and decontextualises the meaning of criminalisation. Pondering 25 years of the Erik Castrén Institute and the International Criminal Court, this paper provides not only a critical lens through which we must necessarily view the celebrations that accompany criminalisation at the ICC today for the genocide in Gaza, but also a trepidation with which we must view the past that afforded the foundations upon which institutions like the ICC and World Bank enjoy legitimacy. The larger picture, of convicts building empire, criminalisation being instrumentalised to cannibalise non-western sovereignty, and non-western sovereigns subjugating their own populations to fulfil their capitalist agendas could be viewed as coming full circle. Or else, they are all perhaps stories that form a part of the same totality, in which resistance to the order and a complicity in its creation end up being subsumed to serve the accumulation of capital. [ABSTRACT FROM AUTHOR]

The tragedy which befell Rwanda in 1994 deserves a special place in the bloodstained pages of history. The Rwandan genocide merits distinction primarily because of its shocking ef ficiency, its scale and its proportional dimensions among the victim population. The Security Council's resolution establishing the ICTR articulates a set of decisions, assumptions, wishes, and objectives. Primarily, the States that voted in favour of the creation of the ICTR indicated that the root of the problem was individual violations of international criminal law. Only one State that voted for the resolution did not equate ipso facto ICTR actions with justice. That State considered the ICTR only one of the many tasks at hand for the international community. The ICTR was merely a vehicle of justice, 'but it is hardly designed as a vehicle for reconciliation . . . Reconciliation is a much more complicated process' (Czech Republic). Interestingly, Rwanda, which voted against the resolution, spoke of the problem in terms of a culture of impunity. The UN paid little to no heed to the subtle, but extremely different way in which the problem was characterized and the implications this would have on the type of tool needed to deal with that problem. [ABSTRACT FROM AUTHOR]

The paper examines the system for the regulation and governance of time, both with respect to the time of day (i.e., clock readings), and calendar dates. Sub-topics of the two areas include the definition of Universal Time Coordinated (UTC), time zones, daylight saving time, and the International Date Line (IDL). The analysis begins, for both areas, by briefly sketching out the scientific background--without which the subsequent legal and institutional discussion would not be meaningful--and the historical development. It then goes on to describe the present-day mechanism for the regulation of both areas. This examination will reveal noteworthy differences: whereas the regulation of clock readings is based on a complex interplay between national statutes and government laboratories, international organizations, and non-governmental organizations, hardly any formal legal or institutional framework is in place for the regulation of calendars. An explanation for this discrepancy is suggested. The paper then proceeds to address questions of interpretation where international legal instruments make reference to time without specifying the relevant time reckoning system; a solution is proposed which builds on 19th-century domestic litigation, adapted to the context of public international law. A final paragraph draws more general conclusions and undertakes a brief outlook into the future. [ABSTRACT FROM AUTHOR]

The article presents information on the seeking for article related to international law and policy which will be published during the retirement of the Judge Abdul G. Koroma of the International Court of Justice.

The narrative of 'imposition', whereby 'international law' is said to have been imposed by Western powers on China, was shared by both English and Chinese literatures, albeit each holding contrasting views on the meaning and consequences of such 'imposition'. This paper seeks to highlight the nuances in the shared 'imposition' narratives and challenge many of its presumptions through a chronological re-examination. First, by tracing the 'encounter' back to the 16th century, the unity and diversity between the Sinocentric and Eurocentric orders were re-examined. Second, by comparing the Chinese and English text of the Opium War Treaties, this paper reveals how the Qing Empire also sought to accommodate the Eurocentric order in its own term from 1842 to 1860. Third, by seeing the 'encounter' as an evolutionary rather than a revolutionary process, this paper demonstrates how the concept of 'China as a state' evolved from the Celestial Empire's 'encounter' with 'international law'. [ABSTRACT FROM AUTHOR]

This paper aims to analyze the International Law Association's Guidelines on Intellectual Property and Private International Law (hereafter referred to as the "Kyoto Guidelines") and to examine their significance and future challenges. As the number of cross-border intellectual property (IP) disputes has increased since the 1990's, issues of conflict of laws (private international law) in IP disputes have become the subject of worldwide discussion. One of the most notable outcomes of this discussion has been the creation of soft-law typed principles or proposals dealing with conflict of laws issues. After some principles or proposals were drafted, the International Law Association Committee "Intellectual Property and Private International Law" was established in November 2010, and, after long discussions, the Kyoto Guidelines drafted by the Committee were approved by the ILA 79th Biennial Conference held (online) in Kyoto on December 13, 2020. What is the significance of these Guidelines and what challenges remain for the future? This paper will examine these questions. [ABSTRACT FROM AUTHOR]

This paper examines the operation of consensus within the Antarctic Treaty System, examining its role as the primary mechanism for achieving important decisions affecting Antarctic governance. It points out that consensus does not equal unanimous agreement, but it does rely on the absence of formal objection. As an example, the paper focuses on the shift from the 1988 Antarctic minerals convention (which regulated possible mineral resource activities) to the 1991 environmental protocol (which prohibited such activities and put in place comprehensive environmental measures). The events and processes associated with this short but important period in Antarctic history are examined to present a picture of the complexity of factors that can influence the achievement of consensus. The paper draws on new research sources, made possible by the recent release of government archives relating to the events discussed. It thus complements existing analyses which relied on the limited publicly accessible records of the inner workings of Treaty meetings and the diplomatic interactions of Treaty Parties. It concludes by pointing to the ongoing importance of consensus as the Treaty System continues to grow. [ABSTRACT FROM AUTHOR]

The duty to save life at sea can today be considered a rule of general international law. However, the concept of "duty to save life at sea" hides a complex web of international regulations, scattered across several treaties providing obligations both for shipmasters and a plurality of States (namely flag States, coastal States, States receiving distress signals, etc.). This paper addresses the question of the respective responsibility of the different subjects involved in search and rescue activities. After a short introduction to the evolution of international law in this field, the paper investigates the relationship between shipmasters and States. This first part of the study shows that there are cases in which a shipmaster's conduct can be attributed to a State, and that, even in case of non-attribution, the "fact" that a shipmaster's conduct violates the duty to rescue can "reveal" a wrongful act by one or more States. The analysis proceeds to the relationships between the different States involved in rescue activities, highlighting how different degrees of liability may co-exist, the sources of which can lie in the violation of either different obligations or a common obligation to cooperate. [ABSTRACT FROM AUTHOR]

Contemporary conflicts are epitomised by warfare never seen during the codification of the laws of war during the 19th and 20th centuries. In present times, children are increasingly being recruited and used as soldiers. Aside from the prohibition against their recruitment and use, and the prosecution of those who violate these prohibitions, more is needed to protect their right to life. Pursuant to the law of targeting, child soldiers may be subject to the use of lethal force. It has been queried whether there is a moral basis to apply different targeting rules to spare their lives. This paper will suggest that it may be in the interests of humanity for a new approach to be taken. In particular, this paper will consider whether international human rights law may humanise the law of targeting to restrict the degree of force that would ordinarily apply. Humanisation may provide a remedy to the moral dilemma posed. [ABSTRACT FROM AUTHOR]

The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational rights, one can expect an increasing spotlight on this issue. In response to the recent crossing of the NSR by a French warship, as well as the voices from the United States indicating similar plans, Russia has signalled the intention to adopt more stringent rules for passage of warships, potentially including the requirement of prior notification and pilotage. The aim of the paper is twofold. First, examine the navigational rights as applicable in the NSR. As such, the paper will discuss historical State practice and relevant international law to demonstrate, among other things, that the enclosure with straight baselines preserved innocent passage in all Russian Arctic straits. Second, examine the international legality of prior notification and pilotage in the context of the applicable navigational rights on the NSR. [ABSTRACT FROM AUTHOR]

The objective of this paper is to analyse how and why the People's Republic of China (PRC) influences the making of regulatory and non-regulatory frameworks governing global commons. In the first part, the paper presents three factors that underpin the governance of the global commons today: the participation of a multiplicity of stakeholders (i.e. states and private actors); the establishment of new institutions, norms, and procedures to govern global commons; as well as the function of the commons as an alternative discourse to the crisis of neoliberal capitalism. In the second part, the paper presents how recent changes in China's foreign policy and its engagement with international law inform the emergence of China as a key stakeholder in the governance of global commons, particularly in relation to the governance of maritime, space, Arctic, and cyber domains. In the third part, the paper introduces some specific features of China's engagement with the global commons. These features include an instrumental and selective approach to international law; attempts to localise the governance of the commons; as well as reluctance in engaging with transnational actors in the governance of the global commons. [ABSTRACT FROM AUTHOR]

This paper critically examines the evolving intersections of cybersecurity, trade, and investment within the framework of international law, thereby seeking to redefine its normative paradigms. The article adopts a multidisciplinary approach, integrating legal theory, international relations, and cyber law to analyze how digital security issues intersect with global economic transactions. Utilizing doctrinal legal analysis, the article delves into international treaties, case law, and policy documents, while a comparative method highlights variances and similarities across jurisdictions. The article identifies significant gaps in existing international legal frameworks that are ill-equipped to address the complexities and nuances of the digital age. It advocates for comprehensive legal reforms, encompassing cyber warfare, digital trade, and cross-border investments. The objective is to align international law with the digital era's realities, effectively balancing national security, economic growth, and individual rights in a globally interconnected environment. This article not only uncovers critical shortcomings in current legal structures but also proposes forward-looking legal strategies, essential for tackling emerging challenges at the cybersecurity, trade, and investment nexus. These strategies chart a course towards a more resilient and adaptive international legal system, equipped to address the multifaceted issues arising from the digital era's convergence. [ABSTRACT FROM AUTHOR]

The paper offers a de lege lata and de lege ferenda analysis of State immunity from civil jurisdiction in cases related to environmental transboundary damage, including climate change litigations. De lege lata, the analysis focuses on the customary exceptions to State immunity, namely the restrictive doctrine and the forum tort exception. De lege ferenda, the contribution firstly discusses the recent domestic case law lifting jurisdictional immunity for acts jure imperii which amount to serious violations of human rights and/or humanitarian law. Secondly, it seeks to open the discussion on a possible reform of the forum tort exception on the model of the European discipline of private international law in matters of tort, in order to ensure better protection of the individual right to an effective remedy. [ABSTRACT FROM AUTHOR]

This paper seeks to provide an analysis of the uses of the concept of 'essence' by international criminal courts and tribunals. In particular, it is based on a survey of decisions of the International Criminal Tribunal for the former Yugoslavia (ICTY), whose Trial and Appeals chambers have used the concept on multiple occasions and with consequences which have been overlooked in the literature. By providing an analysis of the concept's uses in connection with the ICTY's identification and application of customary international law, the paper addresses some of the general international law and philosophical issues raised by the concept's uses. The paper places the concept's uses within their respective contexts, and discusses related international decisions and academic commentary. The paper concludes by suggesting potential avenues for elucidating the concept of 'essence' and its proper use, with a particular focus on the notions of 'intension', 'extension' and an intensional 'extensional property'. [ABSTRACT FROM AUTHOR]

This paper addresses the resilience demonstrated by the international system when confronted by the Russian-Ukrainian conflict. The author argues that this resilience might not be sustainable and that in the mid-term perspective we might observe some explicit disintegration in the system that affects multilateral institutions, international public law, and the global governance at large. Four independent variables are important in shaping the future world order: the outcome of the Russian-Ukrainian and the Russian-Western confrontation, the dynamics of the US-China relations, the sustainability of Western cohesion, and the prospects for a new cycle of globalization. [ABSTRACT FROM AUTHOR]

Since 2015, several European NGOs have developed rescuing activities in the Mediterranean Sea, in response of the great amount of death of migrants trying to reach the European border. The activities of these NGOs raise a number of legal issues, namely the compatibility with international law of their activity, the right for a coastal State to order a private ship to stop while in the high seas, or the question of disembarkation of the persons rescued at sea. This last point will be the object of the paper. Do coastal States have an obligation under international law to disembark rescued people on their territory? This issue is topical since Malta, Italy and France are systematically denying NGO vessels the right to disembark their passengers in their national ports. This paper will address this legal issue and argue that neither general international law, nor law of the sea, nor human rights law provide for such an obligation. However, the obligation can be found, under certain conditions, in European Union law. [ABSTRACT FROM AUTHOR]

According to the United Nations, the clearance operations occurring in 2016 and 2017 against the Muslim Rohingya minority in Rakhine State, in Myanmar's northwest region, may amount to the gravest crimes under international law and the leaders of the armed forces should be investigated for genocide, crimes against humanity and war crimes. What is also disturbing is the crucial role that Facebook appears to have played in contributing to furthering the commission of these crimes. Often the only internet tool available for the vast majority of people in Myanmar, Facebook was extensively used for sharing posts to demonise the Rohingya minority and the company was very slow in taking any action, despite the evidence linking the use of the social network with hate speech that contributed to the violence. This paper analyses the role of Facebook in furthering the commission of mass atrocities against the Rohingya minority in Myanmar and explores the extent to which a social network can be held accountable for the harm caused through its use under international law. The first section briefly introduces the persecution against the Rohingya minority and focuses in particular on the role of Facebook. The second section discusses whether Facebook operators' omissions may amount to complicity in the commission of international crimes. In the third section, the paper explores requirements under international human rights law, focusing in particular on those enshrined under the UN Guiding Principles on Business and Human Rights. Some concluding remarks on what Facebook could still do, such as preserving evidence of crimes and being more transparent in order to avoid similar problems in the future, are provided in the fourth section. [ABSTRACT FROM AUTHOR]

This article aims to present an analysis of the categorization of foreigners (aliens) seeking international protection in the European Union from the perspective of the European paradigm of the protection of aliens. Firstly, semantic issues related to understanding the concept of 'foreigners' will be presented. This element of the analysis will be crucial for further considerations, as by delineating definitional boundaries, it will determine the picture of identifiable categories of foreigners. Secondly, an outline of European Union legislation forming the legal basis for the main analysis will be presented. Attention will be focused on legal acts from which general and specific categories of foreigners seeking international protection in the European Union can be interpreted. Thirdly, general categories will be presented along with an explanation of their functions in law. Fourthly, specific categories will be presented along with an explanation of their functions in law at the stage of qualification, reception, and procedure. This paper will conclude with a concise summary containing recommendations and other conclusions. [ABSTRACT FROM AUTHOR]

Last August marked the 40th anniversary of the start of interstate cooperation in South Asia which has been characterised by few lights and many shadows over the years. SAARC has not been able to smooth out tensions between its Member States, rather it has fallen victim to them, nor has it contributed realistically to the economic and social development of the region. This paper aims to offer an in-depth analysis of SAARC in a legal perspective. In particular, its Charter, its secondary law, and its practice will be investigated through the lens of the theoretical framework of international institutional law in order to ascertain if SAARC meets the requirements that are commonly believed to characterise international organizations. [ABSTRACT FROM AUTHOR]

Since its 1980s coining by Richard Falk, the 'Grotian Moment' concept has garnered popularity in international law discourse, denoting a rapid, paradigm-shifting development in international law. This concept builds upon a prevalent recollection of two past events as such paradigm-shifts. The first is, obviously, the 'original' Grotian Moment, anointing Grotius as the Father of International Law, mainly for publishing, in 1625, his ground-breaking treatise, De Jure Belli ac Pacis , which is said to had brought about a momentous paradigm-shift that gave rise to modern (statist and secular), or even the first-ever-effective, international law. The second event is the post-WW2 Nuremberg international trial. Presumably, from its mid-seventeenth-century birth to Nuremberg, international law was starkly statist, and so individuals had generally not been its subjects. This, among other things, meant that international criminal law (ICL) was not acceptable. Nuremberg is, therefore, celebrated as the first-ever international criminal tribunal, as ICL's birthplace and even more generally as the turning-point in international law's attitude towards the individual. Simply put, Nuremberg is considered the prototype of a modern Grotian Moment. However, this paper shows that neither 1625 nor 1945 were truly Grotian Moments (their significance notwithstanding) and present's likely causes for those myths. The paper further reveals that these myths, as well as the current embrace of the 'Grotian Moment' concept, are all manifestations of a larger, understudied phenomenon: that internationalists, evermore obsessed with perceiving themselves as cutting-edge, too often satisfy that fix by erasing the past. [ABSTRACT FROM AUTHOR]

Every country has the right to restrict the entry, stay, and deportation of aliens in accordance with international law. However, although States have the right to expel aliens, the expulsion mechanism is subject to domestic and international norms. In the United Arab Emirates, legislation has been enacted to deal with the significant number of aliens residing in or visiting the country. This study clarifies the legality of expulsion and the safeguards stipulated in international and UAE federal law for this procedure, by reviewing the rulings of international and Emirati courts. It concludes that, although international law allows States to regulate foreign affairs in their territory, the mechanism for implementing expulsion and deportation remain subject to legal and judicial guarantees. The paper recommends that deportation decisions be made with caution. It clarifies the weaknesses of the international instruments pertaining to such decisions, and also commends the UAE's experience in this field. [ABSTRACT FROM AUTHOR]

The state's responsibility to protect is one of the well-established principles of international law recalled by the Resolution A/RES/60/1 of 16 September 2005. Given the controversies surrounding the scope of the principle, this paper analyses the practice of its implementation with a particular focus on Burundi which withdrew from the 1998 Rome Statute of the International Criminal Court on 27 October 2017. The reflection consisted in collecting and analysing previous academic works and official documents inter alia national laws, international instruments, official statements, reports, and records of meeting on the responsibility to protect and related topics. The paper demonstrates that Burundi has made progress to build the state's resilience to atrocity crimes by establishing a deterrent legal framework and institutional mechanisms. Nonetheless, these significant efforts failed to achieve the expected outcomes in terms of legal effect. [ABSTRACT FROM AUTHOR]

Detention operations have been a salient feature of the military conflict in Eastern Ukraine. Often referred to as exchanges or swaps of detainees, the operations leading to the simultaneous release and transfer of detainees (SRTD) offer fertile terrain for inquiring about the applicability of international humanitarian law (IHL) and international human rights law (IHRL). This article attempts to fill a gap in the literature on detention operations outside the war on terror framework. It offers a chronological review of the detention operations that have taken place in Ukraine since the beginning of the military conflict. This paper then follows a classical two-step analysis first of IHL, IHRL and domestic law provisions applicable to SRTDs and, second, of the impact of these provisions on the human rights protection of the persons involved. The preliminary conclusions of this analysis indicate that, despite the praise of the international community for the SRTDs in Ukraine, human rights violations have resulted from SRTDs. More specifically, the legal framework under which SRTDs take place appears to be a 'cocktail' of IHL and IHRL provisions. Certainly, SRTDs have attracted international media coverage and support for Ukraine. At the same time, however, the 'hidden cost' of these operations begins to be understood as well because the legal status of many participants in the SRTDs appears to worsen, access to justice appears to be hampered and the independence of justice appears to be threatened as a result of these operations. [ABSTRACT FROM AUTHOR]

This paper aims to define the notion of institutional practice and it examines the extent to which United Nations organs and Member States can rely on and are limited by it. It describes all the normative theories involved, and proposes a simplified and comprehensive framework. The core argument is that institutional practice is less relevant than it seems in the first instance and, generally, it cannot do much by itself. It requires a further element to produce normative effects, whether in the form of Member States’ practice or other means of interpretation of the constitutive instrument. After a brief introduction, the second section focuses on what constitutes institutional practice, distinguishing between the problem of the acts that constitute practice and how they are attributed to the organisation. Section iii discusses its employment by the International Law Commission, which distinguishes ‘subsequent’ institutional practice as a means of interpretation of the constitutive instrument, ‘general’ institutional practice as an element of customary law, and ‘established’ institutional practice as a rule of the organisation. Finally, Section iv provides a general overview of the normative relevance of institutional practice. The Conclusion summarizes these main findings. [ABSTRACT FROM AUTHOR]

Focuses on the concept of international governance in the European Union. Promotion of human rights; Legal system of the international organizations; Principles underlying the concept of governance.

The present brief contribution reflects on the evolution of IUU fishing, its current status, and possible future pathways to prevent, deter, and eliminate this practice. IUU fishing not only presents a question of management and conservation, but also entails serious human rights and transnational crime components. From these perspectives, this paper concludes that IUU fishing must be addressed through a multi-regime and multi-institutional process requiring the involvement of many stakeholders, including non-State actors. In particular, the effective settlement of IUU fishing disputes requires enhancing the role of international courts and tribunals as part of this process. [ABSTRACT FROM AUTHOR]

This article examines the Namibian position in relation to the domestic application of international law. Through an analysis of Article 144 as the primary Constitutional touchstone provision, the meaning and binding nature of international agreements is unpacked, in the process identifying how these sources become part of Namibian law. Moreover, the paper advances that Article 144's phraseology renders both customary international law and general principles of law as sources of binding law in Namibia. A critique of the judicial application of international law, particularly by the Supreme Court, also reveals inconsistencies and errors. In addition to international law's direct application, the paper identifies the parallel interpretative functionality of international law and enquires into the appropriate method for interpreting international law by domestic courts. The paper concludes by determining the relevance of soft law sources as deliberative, and potentially persuasive interpretative aids. [ABSTRACT FROM AUTHOR]

Reflecting on the COVID-19 infodemic, this paper identifies different dimensions of information disorder associated with the pandemic, examines how online platform governance has been evolving in response, and reflects on what the crisis reveals about the relationship between online platforms, international law, and the prospect of regulation. The paper argues that online platforms are intermediary fiduciaries of the international public good, and for this reason regulation should be informed by relevant standards that apply to fiduciary relationships. [ABSTRACT FROM AUTHOR]

The paper attempts to take a different look into the Law of Nations through the role of dragomans (official translators) in the making of modern International law. Addressing the power of language above its mere linguistic meaning, also considering the way it is taught, socially shaped, productive and lasting, this paper intends to illustrate the general epistemic framework governing dragomans as an original social and professional body in order to better understand their unforeseen impact on the Ottoman understanding of and integration into modern international law. The paper argues that legal transformations are also the result of legal translations, which intrinsically imply the cultural and social backgrounds of the translators. It discusses how the progressive formation of the cosmopolitan professional body of dragomans led to both develop a bolted technicality and contribute to the uniformization of legal thought and language by the nineteenth century. [ABSTRACT FROM AUTHOR]

Since the adoption of the United Nations Convention on the Rights of the Child in 1989, research into children's rights issues in educational contexts has grown significantly. This paper takes stock of the evolution of educational children's rights research, and provides a characterisation of the research field. By means of a systematic analysis of the published scholarship, the main achievements of the research are identified, as well as gaps in knowledge production. Major research foci are highlighted, the theoretical and methodological characteristics of the field are demonstrated, and concerns are identified. Based on the insights gained from analysis of the research field, future prospects are identified and discussed, and some possible routes forward for educational children's rights research are suggested. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Rights of the Child (UNCRC) 1989 has been celebrated for its universal acceptance. However, questions still arise around its provenance and representation. In particular, the Convention is deemed to enshrine Western notions of childhood upon which its rights were constructed. However, the legacy of the colonial contours of the new world order are often excluded within the context of children's rights. It has been suggested that the new imperialism brandished under the guise of "children's rights" serves as an effective tool to "beat" the Global South, deflecting from the continued Western dominance within the field of children's rights. This paper interrogates the power dynamics and colonial legacy upon which views of children are formed, centralising the multitude of issues in the arena of children's rights in the wake of what can be identified as Hokusai's wave. 1 [ABSTRACT FROM AUTHOR]

Over the past few years, some parents and clinicians in the UK have argued about decisions on the fate of critically-ill children, with the cases ending in protracted and emotionally-sapping legal disputes. The long-running legal conflicts have played out in the public eye, eliciting conflicting opinions. At the core of the disputes is whether parents or clinicians should determine the appropriate course of action. In the event of the disagreements, the domestic court intervenes guided by the 'best interests' principle. A corpus of scholarship, falling on either side of the debate, has captured the contradictions. Until recently, the discourse had focused on the common recourses to domestic courts and the European Court of Human Rights. However, in the recent case of incapacitated 12-year-old Archie Battersbee, his parents sought redress from the international human rights system through the Committee on the Rights of People with Disabilities to stop termination of his life support. The courts barred the involvement of the Committee on the basis that the UK had not incorporated the treaty which birthed the Committee. The case brought into sharp focus the relationship between international law and domestic law. First, this paper asserts that the weight (not) given to international law by the domestic courts was inconsistent with its treatment of international obligations in other cases. Secondly, the position that unincorporated treaties do not have legal effect in domestic proceedings is ambiguous. Finally, the treaty body appeared ill-suited to handle a case of a critically-ill child in the face of the impatient demands of local justice. [ABSTRACT FROM AUTHOR]

This article explores whether international human rights standards can provide insights into the following questions: who can and should define what constitutes 'hate speech' for online moderation, and how can hate speech be detected and moderated on social media platforms? Regarding who should moderate hateful content, the article underscores the responsibility of social media companies, in reference to international human rights law and principles on business and human rights. This paper advocates for a multistakeholder approach where companies work in partnership with and under the monitoring of state actors, civil society and other relevant stakeholders. Given the complexity of what constitutes hate speech, the article proposes the localisation of terms of service and guidelines of social media companies. This approach, in line with human rights standards, enables the meaningful involvement of local experts and civil society groups in formulating, implementing and monitoring online community rules. Addressing the question of how social media companies can detect and moderate hate speech, the article argues that a globally standardised approach reliant on AI content moderation is limited in detecting contextual nuances of hate speech. Drawing from international human rights tools like the Rabat Plan of Action, the article suggests that social media companies should consider diverse local contexts for better interpretation and effective detection, with qualified human moderators with local knowledge and oversight boards with local expertise. By taking a human-centered, localised approach to content moderation and collaborating with relevant stakeholders, businesses can contribute to creating a digital space that upholds fundamental rights, prevents harm, and encourages inclusivity and diversity. [ABSTRACT FROM AUTHOR]

Scant attention has been paid to the relationship between the perpetration of transnational organized crimes (TOC s) and international crimes. This paper endeavours to instigate increased scrutiny of how these two crime sets interact. Relying on contributions from conflict and peace studies, I argue that it is useful to study their interaction within an international-transnational crime complex. To elaborate, I explore four conflicts in which an international-transnational crime complex is evident: Kosovo, Sierra Leone, northern Uganda, and Syria. Taken together, these cases demonstrate that these crimes types are linked irrespective of geographic location or the type of actors involved. The paper subsequently explores legal responses available to actors, including the International Criminal Court and specialized domestic units, which could link the prosecution and prevention of TOC s and international crimes. The paper concludes with some reflections on the need to further interrogate—in both legal practice and scholarly work—international-transnational crime complexes. [ABSTRACT FROM AUTHOR]

Delving into world-spanning legal agencies, histories of exiled diplomats and lawyers, this paper explores how Free France defended at the United Nations War Crimes Commission the vision of the interwar liberal order, one that reached across the global territories of the mandate system administered by the League of Nations, into the colonial territories of the French empire. From London to Chongqing, facing Vichy collaborationist authoritarian dictatorship in metropolitan France and anti-colonial pressures from the turbulent colonial frontiers, a handful of Free French jurists and politicians worked day and night to establish the imperial sovereignty of the French exile committee of general Charles de Gaulle, and restore French republicanism rooted in the legal tradition of Nicolas Fouquet, Jacques de Maleville and Léon Duguit. Drawing upon newly-unsealed UN and French archival materials, this paper documents Free France's intervention at the UNWCC, the activities of its representatives and reflection on empires, race and international law. [ABSTRACT FROM AUTHOR]

Universal jurisdiction in criminal matters has been a hot topic for many decades already. In discussions on its legality and scope, waters are usually muddied by the inclusion of unrelated issues or by the use of inappropriate methodologies. The purpose of this article is to discuss the legality and scope of universal jurisdiction, mainly by clarifying the concept and addressing the main misunderstandings characterising the discussions on its legality. The main claim is that objections to the legality and to the extended (unlimited) scope of universal jurisdiction in criminal matters are based on two confusions/conflations of notions. Firstly, this paper demonstrates that the so-called conflicts between the exercise of universal jurisdiction and general norms of international law are only imaginable in a framework that misrepresents/misunderstands the concept of jurisdiction itself by conflating the notions of jurisdiction to prescribe and jurisdiction to enforce. Secondly, it argues that the view which limits the scope of universal jurisdiction to a few crimes fails to clearly distinguish states' international duties and rights in criminal law matters. In terms of methods, the paper takes the (traditional) view that states are allowed to do everything international law does not prohibit. [ABSTRACT FROM AUTHOR]

In October 1988, an ordinance of the Finnish government created the Committee for International Information (Kansainvälisen tiedottamisen neuvottelukunta, or Kantine). Kantine came as the last of a series of Cold War efforts to centrally define an image of Finland fit for foreign consumption, and to establish the communication methods through which state authorities and their partners could use this image as an eco-nomic and political asset. Established under the coordination of the Finnish Ministry of Foreign Affairs, Kantine acts as a window into the evolution of Finnish national image management and its state at the end of the Cold War. However, the context of the late 1980s and the desire of Kantine's members to use the committee as the plat-form for a 'wide societal debate on Finland in the twenty-first century' gave it a broader scope than other 'national image committees' that had preceded it since 1945. This article will place Kantine in the evolution of Finland's national image management and image policy, and will summarize its work and consequences. [ABSTRACT FROM AUTHOR]

Since the adoption of the principles of the Responsibility to Protect (R2P) in 2005, proponents and critics alike have accepted that it has not brought about a consistent and effective response to mass atrocity crimes. The incapacity that the Security Council exhibits in addressing the Syrian conflict provides a compelling justification for the need to examine alternative mechanisms through which the principles of the doctrine can be implemented. This paper argues that regional organisations should be considered legitimate authorising mechanisms in place of the Security Council in implementing R2P. The use of regional institutions as authorising mechanisms has not been properly considered or rigorously defended. In the paper, I make a case for regional organisations in authorising international action during mass atrocity situations by first establishing the legitimacy of regional organisations to act in response to local disputes. I propose and defend four arguments that provide justification and establish the utility of regional arrangements as alternative authorising mechanisms. I also examine and respond to three key objections that can be made against regional organisations. Finally, I outline a set of criteria that should determine which regional organisations are considered legitimate actors during mass atrocity situations. [ABSTRACT FROM AUTHOR]

The UN Convention on the Rights of the Child guarantees every child found to be in violation of the penal law a right to appeal from the finding and measures imposed to a higher and impartial authority or judicial body. Nevertheless, this provision garnered a number of reservations, many of which are still in force. This paper examines not only those countries that still refuse to recognise the right but also examines data suggesting that the right to appeal may be illusory even when no declaration or reservation was made. The paper argues for a change in the requirements for reporting information to the Committee on the Rights of the Child, whilst also making some suggestions to guarantee the right on the national level. [ABSTRACT FROM AUTHOR]

This paper explores the relationship between epidemics and International Disaster Law. In particular the paper addresses some selective examples of legal and operational issues pertaining to International Disaster Law where the increasing concern on health emergencies, dated back to the Ebola crisis, have progressively facilitated the management of tailored initiatives. In particular, in relation to prevention and preparedness, challenges experienced to include biological hazards in universal disaster risk reduction frameworks will be introduced, as well as the dedicated attention to preparedness for epidemics progressively experienced in international coordination disaster management systems. In relation to post-hazard phases, some initiatives aimed at facilitating international relief operations in front of epidemics will be explored, as complemented by international financial instruments factoring epidemics in assistance programs. This overview might thus permit to assess some trends in this area, paving the way for potential further reforms eventually based on developments already introduced in the framework of the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]

This article maps out how (international) legal concepts and norms were employed during the inter-institutional struggle between the United Nations and the World Bank in the decolonization era. The first contribution is historiographical. Drawing on material from the Bank's (oral) archives, the article gives an original account of the ways in which the organization bypassed the universalist aspirations that were gaining a foothold in the UN's democratic bodies. Secondly, the paper retraces how this particular event gave rise to a clash between opposing imaginaries of international legal order, where axiological aspirations voiced by states from the Global South were ultimately frustrated by a functionalist understanding of international (institutional) law that justified the Bank's institutional insulation. Finally, the paper aims to provide a modest methodological contribution to the field of international institutional law – a doctrinal discipline that traditionally pays little empirical attention to the historical and sociological performativity of concrete legal interventions. [ABSTRACT FROM AUTHOR]

The present paper critically analyses the European Union legislation on smuggling of migrants. According to the author's opinion, the EU legislature and the majority of the European countries have confused this specific crime, regulated by international law in the Palermo Convention, with the offence of facilitating irregular immigration. This undue overlap between different types of crime generates multiple and complex problems. In first place, the paper studies the elements of smuggling of migrants in international law. In second place, it examines the reasons why is not convenient to conceive this crime and the offence of facilitating irregular immigration as functional equivalents. Finally, the paper proposes to clearly differentiate the elements of both crimes and their respective scopes of application. [ABSTRACT FROM AUTHOR]

The Islamic State of Iraq and Levant (Da'esh) has put in place a governance system encompassing judicial structures to justify its grotesque violence. This paper seeks to evaluate the legitimacy of these courts under two complementary perspectives. Whereas establishing courts by an insurgent group during armed conflict should meet the requirements of international humanitarian law (IHL), because Da'esh claims to ground its laws on Islam, these courts should also follow the requirements of Islam as its constituting law. The paper starts with analysing whether international law entitles armed groups to establish their courts. It argues that although such courts are not prohibited at first glance under international law, they should meet the requirements of being regularly constituted while respecting minimum judicial guarantees. Since Da'esh has sought to found its legitimacy on Islam, the paper argues that Da'esh's interpretation of Islam is not compatible with any major schools of Islamic thought. [ABSTRACT FROM AUTHOR]

International law's affirmation of everyone's right to have rights came into being through a peacemaking process. Its deprivation continues to typify the emergent context that brings peace processes into being – and for some cohorts of the people, namely children, the process itself. The right is intuitively seductive. It resonates as self-evident: an inexorable abstraction of having rights. Yet it is also enigmatic and challenging to concretise. What is its content? What substantive rights are expressive of this right? What is their scope in peacemaking? And why is it – above for example more corporeal rights – so fundamental? Guided by these questions, the paper begins by reflecting on the right as crystallised by Hannah Arendt: it then shifts to reflecting on, first, its expression in international law and, second, its interrelations with the law of peace. In doing so, it yields legal and political opportunities for ensuring the right in peacemaking, and imagines a framework of evolving measures for bringing the right to life in the staged process. The paper concludes by arguing renewing engagement with this understated right offers a beacon for guiding responses to the complex child rights challenges yielded by peacemaking – and our interdependent and fragile twenty-first century world more generally. [ABSTRACT FROM AUTHOR]

Seeing that a bilateral agreement between the EU and Russia on the Nord Stream 2 pipeline project is highly unlikely to be concluded due to political considerations, this paper enquires which existing legal regime is applicable to the governing of this pipeline, especially in order to guarantee solidarity and security within the EU energy market through third-party access and unbundling requirements. The question is whether EU law in general (which the Council denies) or international law applies, and if the latter, which specific regime(s): the Energy Charter Treaty, WTO law, the law of the sea, or a combination of regimes? Lastly, this paper also investigates whether and to what extent these international law regimes might guarantee the same solidarity and energy security standards as EU law. [ABSTRACT FROM AUTHOR]