The degree of justiciability (as well as enforcement) of the socio-economic rights of the African Charter have always played second fiddle to that of the traditional civil and political rights. Over two decades after the coming into force of the Charter, the African Commission has received...

Iran and Saudi Arabia are two of the most important countries in the Middle East. Not only do they enjoy the most abundant natural resources, but also have a geopolitical situation that makes their international attitude significant in terms of the East-West political-economic discourse. These...

This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict...

In December 2007 the US Supreme Court heard oral arguments in its latest Guantaacute;namo Bay cases, Boumediene vs. Bush and Al Odah vs. United States. Interestingly, the argumentation offered in this litigation was almost exclusively domestic - international human rights law did not feature in...

This article was the Kirby lecture presented in March 2009 at the Southern Cross University in Sydney, Australia. Adrien Wing's keynote speech was in support of Australian retired Justice Michael Kirby's legacy that national courts can and should gain strength from international law. The author...

This paper is, in part, a response to the NZPGLeJ Editor-in-Chief Herman Salton’s article, “‘Veiled Threats?’ Islam, Headscarves and Freedom of Religion in France and the United States”, which was published in the first issue of this journal. However, it moves beyond Salton’s article...

This paper analyses the necessity of fundamental rights protection in EU context as well as its problems in terms of the transfer of sovereignty by the Member States to the EU. It next analyses the approach which the European Court of Human Rights (ECtHR) took in the famous 'Bosphorus' judgment...

Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can...

In the book, some 25 authors report on the implementation of the ECHR in their respective countries, including questions of ratification and implementation in law, awareness by legal professionals, inclusion in the curricula of law schools, practice of the courts, cases brought to Strasbourg,...