Archivo de Etiquetas: human rights law

Protection of civilians in Palestine: UN Security Council fails to adopt a resolution (due to US veto) Protection of civilians in Palestine: UN Security Council fails to adopt a resolution (due to US veto) On June 1st, the UN Security Council voted a draft resolution presented by Kuwait concerning the …

Visions of the ‘Right to Democratic Governance’ under International Law: The Complexities of the Philippines under Duterte Is international law any closer to defining the content of a “right to democratic governance”? International human rights law instruments do not prescribe a form of governance, but they do explicitly refer to …

Prolonged Occupation or Illegal Occupant?   An unresolved question in international humanitarian law is whether an occupying power – whose authority as occupant may have initially been lawful – can cross a bright red line into illegality because it is acting contrary to the fundamental tenets of international law dealing …

The Missing Link in Migration Governance: An Advisory Opinion by the International Court of Justice Even though the International Court of Justice (ICJ) has jurisdiction to resolve disputes on the interpretation and application of the 1951 Refugee Convention (Art. 38) and the 1967 Protocol (Art. IV), it has so far …

ICERD and Palestine’s Inter-State Complaint On 23 April, The Guardian reported that Palestinian diplomats had filed an inter-state complaint against Israel for breaches of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). According to the Ministry of Foreign Affairs and Expatriates of …

The Pardon of Fujimori: Amnesties and Remedies Before the Inter-American Court of Human Rights by Carlos Lopez [Carlos Lopez is a Senior Legal Adviser at the International Commission of Jurists.] The “humanitarian pardon and grace” granted by Peruvian President Kuczynski to former President Fujimori on the eve of Christmas 2017 has spurred …

The Rise of Environmental Law in International Dispute Resolution: Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights The Inter-American Court’s Advisory Opinion on Environment and Human Rights, released on 7 February 2018 (in Spanish only) (for brevity “AO”), is the latest and potentially most …

Environmental Damages, Environmental Reparations, and the Right to a Healthy Environment: The ICJ Compensation Judgment in Costa Rica v. Nicaragua and the IACtHR Advisory Opinion on Marine Protection for the Greater Caribbean On 2 February 2018, the International Court of Justice issued a landmark judgment on compensation for environmental damages …

The Legality of Pardons in Latin America by Alonso Gurmendi Dunkelberg [Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] In recent months, most commentaries coming out of South America have focused on the Colombian Peace Agreement with the FARC. There is, however, another post-conflict country …