Documents found
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2021.More information
The severity of the problem of illegal immigration by sea has been highlighted collectively by the States. If there is no doubt that the number of illegal immigrants using sea routes is significantly lower than those opting for crossing land or air borders, this migration route is the most worrying one due to its consequences in terms of human lives.The public international law struggles to find an appropriate legal solution, the existing regulations seem inadequate or insufficient. Caught by the dramatic headlines, the law is facing a bitter reality, the rules of the Law of the Sea and the general international law which do not address correctly the issues that states are facing and above all their concern about immigration control, traffic prevention and human trafficking. However, tragic events in the last decades raised awareness among the international community about the severity of this phenomenon and its consequences. This awareness was necessary for the development of states' practices and the international rules. Then, the international cooperation provides a glimpse of avenues, very few right now, to better handle these challenges and to help avoid human tragedies.Then, new techniques need to be created, with the development of the international cooperation among states of a same region. They will take effect by pulling resources to fight illegal immigration by sea and overcome the shortcomings of international law towards illegal immigration by sea.
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2023.More information
The regulation of the international society rests upon the creation and application of international law, one of its fundamental principles being the peaceful settlement of disputes. Peace, defined as the absence of war, has been for a long time one of the biggest challenges facing international law. Even if war is co-substantial to humanity, peace, on the other hand, appears as imprinting itself in the field of ever-growing possibilities. Indeed, there are values which are the object of universal consensus, such as the protection of human rights. Furthermore, the attempt of reuniting the interests of the international society highlights the efforts deployed by the international community of States to preserve the constraining character of the peaceful settlement of disputes so as to maintain war in the “outlaw” space. The passage from nature (from war) to culture (to peace) implies the application of certain ways and tools that are largely identifiable and identified. It involves the maintenance and reinforcement of the category of norms of the jus cogens while matching them with efficient ways in order to guarantee that they will be respected. The disarmament as well as the increasing juridical character of international life, through the International Court of Justice and the International Criminal Court for instance, contributes to the notion of enduring peace.
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2025.More information
On 21 July 2010, the President of the United States of America promulgated the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to stock market transactions in the country. Some provisions of this law have effects in the Democratic Republic of the Congo, namely section 1502 entitled "Conflict Minerals". This paper analyzes the legality of this section under international law, regarding the principle of state sovereignty and the notion of the reserved area. It shows that the section 1502 appears to recognize the role of the DRC in the management of its natural resources, but wonders if a conflict is possible between, on one hand, the powers attributed in this section to US authorities in the struggle against the conflict minerals, and, on the other hand, the powers that the DRC must exercise over its natural resources and on economic activities taking place on its territory. Finally, it warns that with the issue of conflict minerals there is an emerging risk for the DRC to see the management of its natural resources internationalized.
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2026.More information
The international trade law framework does not grant a specific status to water. However, recent trends lead towards subjecting water to international trade rules. In order to address this issue, it is necessary to draw attention to several legal, economic or non-economic categories which are used to qualify water under international law. State practice with respect to bulk water removals deserves to be specifically addressed since, in the context of such projects, water may be considered by States as a “good.” If so, then the World Trade Organisation (WTO) multilateral trade agreements, namely the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS), which cover trade in goods and services, respectively, would then be applicable. In this article, we will examine the limits imposed by these two treaties with respect to the management of water. The analysis of the relationship between the WTO and water must take into account the particular nature of water resources. States recognise several aspects to water, such as its social, environmental, cultural and economic aspects. Such recognition has an impact on how this resource is addressed within the context of the WTO. Even once positioned within the context of the multilateral trade system, the various facets of this resource, which go beyond its purely economic ones, must be taken into account given the parameters of the GATT and GATS.
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2027.
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2028.More information
How is the European Convention on Human Rights likely to apply to the many aspects of the current pandemic? As always with novel factual questions, the answer can only be found in a thorough and innovative examination of the case-law of the European Court of Human Rights. We consider firstly the duties of Member States with respect to health issues under the Convention. From this starting point, we will then seek to determine whether the measures adopted by States to limit the spread of the virus should be viewed as the fulfillment of the positive obligation to protect the right to life enshrined in the Convention, or rather as an encroachment on that right because of the many “side-effects” of those measures on the day to day lives of individuals. We will then present two fictional scenarios involving the potential deleterious impact of common measures such as confinement and mandatory masks in the context of the question of how victims might obtain redress from the Court for the alleged violation of certain rights and freedoms protected under the Convention, for example the prohibition against inhumane and degrading treatment, arbitrary detention and discrimination.