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Former US President Donald Trump represents the most significant “change agent” in international law in recent decades, withdrawing from and attacking a variety of international agreements. In this paper, I analyze Trump as a change agent, analyzing the nature of his policies and the...
Persistent link: https://www.econbiz.de/10014082176
Imposing legal liability on corporations for their involvement in human rights violations remains problematic. In the United States, civil liability in such circumstances developed in a series of Alien Tort Statute cases. This evolution came to an abrupt end with the cases of Kiobel v. Royal...
Persistent link: https://www.econbiz.de/10014085955
This paper is a contribution to a book on exploring how hard and soft international law are used in advocating for social change. It focuses on the two sets of international standards that are applicable to international finance. The first are the international financial regulatory standards...
Persistent link: https://www.econbiz.de/10014100378
This chapter explores the so-called ‘Turn to History’ in international legal scholarship. Interest in the intellectual history or ‘history of ideas’ of international law has surged around the last turn of the century. Nijman contextualises this development and stages three possible...
Persistent link: https://www.econbiz.de/10014101955
Feminist international law scholarship has always insisted on showing the human faces of the state. The sources of international law are learnt by heart from Article 38 of the International Court of Justice statute, namely treaties, customary international law derived from the practice of...
Persistent link: https://www.econbiz.de/10014111409
Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how...
Persistent link: https://www.econbiz.de/10014134853
The paper examines the potential of customary international law to protect global public goods. In particular, it focuses on the question whether customary law can contribute to the mitigation of climate change. The analysis proceeds in the three steps. First, it will have a closer look at the...
Persistent link: https://www.econbiz.de/10014137790
This study focuses on the dissonance between the definition of piracy in Russia’s Criminal Code (disposition of Article 227) and piracy as defined by international law (Article 101 of the UN Convention on the Law of the Sea, 1982). This can create obstacles in the appropriate qualification of...
Persistent link: https://www.econbiz.de/10014138146
In this article, the author discusses the problem of ensuring equality and non-descrimination in a legal system. Equality and non-descrimination constitute universally recognized standards in the protection of human rights. At the same time, one can hardly assert that the universal community has...
Persistent link: https://www.econbiz.de/10014138702
The recent decision of the World Trade Organization’s Appellate Body in China-Rare Earths has put an end to the high …
Persistent link: https://www.econbiz.de/10014140385