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Academic Insights for the Thinking World
This Human Rights Day, commemorating the 10 December 1948 proclamation of the Universal Declaration of Human Rights, we embark on a year-long observance of the 50th anniversary of the two International Covenants on Human Rights: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly on 16 December 1966.
The law has long struggled to adapt to new forms of employment – who should be responsible for the protection of workers’ rights, from minimum wage and working time to discrimination law, in today’s fragmented economy? These fundamental questions are now returning to public discussion as a result of the meteoric rise of so-called “crowd-work”.
The Little Sisters of the Poor, an international congregation of Roman Catholic women, are unlikely litigants in the US Supreme Court. Consistent with their strong adherence to traditional Catholic doctrines, the Little Sisters oppose birth control. They are now in the Supreme Court because of that opposition.
In the space of less than a week, the Grand Chamber of the European Court of Human Rights issued two lengthy judgments relating to the crime of genocide. The 17-judge Grand Chamber is the most authoritative formation of the European Court, and in recent years the Court has found itself compelled to address a range of issues relating to the prevention and punishment of international crimes.
From Law and Order to True Detective, the role of the Crime Scene Investigator—at least, as portrayed on the screen—has captivated audiences around the world.
In the last two hundred years, the concept of human rights has gained prevalence in society. We can define our rights in terms of freedom of speech, privacy, and to be treated humanely, but where did these ideas come from? Do you think you know your human rights?
The stakes cannot be higher for the EU. Currently, the total public expenditure directed by the Member States in procuring goods, works and services accounts for over €1 trillion. Public procurement in the Member States is a highly fragmented and complex process.
In this fast-moving field, legal academics and legal experts have an important task, now and ahead, in reflecting on how adjudicative processes are accommodating the disruption that climate change inevitably brings to legal systems.
Despite promising at the start of his presidency to close the prison at Guantanamo Bay, President Obama has yet to exercise the clear independent authority to do so. In a recent Washington Post op-ed, 2009 White House counsel Gregory B. Craig and Cliff Sloan, special envoy for Guantanamo closure 2013 and 2014, urged President Obama to abandon trying to get Congressional approval.
The Economist has recently popularised the notion that patents are bad for innovation. Is this right? In my view, this assessment results from too high an expectation of what should be achieved by patents or other intellectual property. Critics of intellectual property rights seem to think that they should be tested by whether they actually increase creativity.
It has become topical to say that the International Criminal Court (ICC) is in crisis. For some, the ICC has stepped from crisis to crisis. Even before its existence, the Court has been for criticized for its selectivity, statutory limitations, and potential overreach. The ICC faces serious challenges in relation to credibility, legitimacy and expectations. I would like revisit some of these critiques. Looking back at the past decade, it seems that both the work of the ICC, and some of its criticisms, deserve further scrutiny.
‘Territoriality’ plays a central role under our current paradigm of jurisdictional thinking. Indeed, a State’s rights and responsibilities are largely defined by reference to territoriality. States have exclusive powers in relation to everything that occurs within their respective territories, and this right is combined with a duty to respect the exclusive powers of other States over their respective territories.
The Rome Statute system is a partnership between the International Criminal Court as an institution and its governing body, the Assembly of States Parties. Both must work together in order to overcome a number of challenges, which fall within three broad themes.
At the time of its creation, the Imprisonment for Public Protection (IPP) sentence, targeted at ‘dangerous offenders’ considered likely to commit further serious offences, elicited little parliamentary debate and even less public interest. Created by the Labour government’s Criminal Justice Act 2003, the sentence was subsequently abolished by the Conservative-led coalition government in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Human rights law has had a long and tortuous history in the UK, defined by some of the most fascinating cases in legal memory. The case of John Wilkes was a milestone in establishing the right of free speech. In 1763, Wilkes wrote a scathing attack on a speech delivered by King George III when he opened Parliament.
Citizenship tests are meant to focus on facts essential to citizenship, yet reviewing them tells a different story. What knowledge makes one a good citizen? Citizenship tests are a sort of a “grab bag”; they include a little bit of everything—demography, geography, history, constitutional principles, national holidays, and a long list of practical knowledge of education, employment, healthcare, housing, taxes, and everyday needs.