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Casper Sylvest

CH APTER 3 Legal evolution and the redemption of international law The dilemma of international law is that of ecclesiastical dogma. Elastic interpretation adapted to diverse needs increases the number of the faithful. Rigid interpretation, though theoretically desirable, provokes secessions from the church. (E. H. Carr, 19391) It has become a commonplace to note that the modern body of inter­ national law, shared by a society of civilised nations, has its roots in the classical tradition of jus gentium and in a ‘law of nations’ applicable to a family of

in British liberal internationalism, 1880–1930
Antal Berkes

The International Law Commission’s work on the identification of customary international law raised the question whether actors other than States may play a role in the formation or expression of customary international law. Beyond international organisations whose contribution to the formation of customary international law is covered in detail in the Special Rapporteur’s third report, the role of ‘other non-State actors’ such as non-governmental organisations and even individuals was only briefly invoked by the Special Rapporteur. Indeed, scholar works

in International organisations, non-State actors, and the formation of customary international law
Tomoko Yamashita

International lawmaking is no longer a privilege exclusively reserved for States. As mentioned by the International Law Commission in its Conclusion 13(1) on the Identification of Customary International Law in 2018, decisions of international tribunals serve as a subsidiary means for the ascertainment of rules of customary international law. 1 That said, in light of the principle non ultra petita , the real contributors appear to be the claimants who raise discussions for customary international law determination before a tribunal, which then decides only

in International organisations, non-State actors, and the formation of customary international law
David Armitage

PARLIAMENT AND INTERNATIONAL LAW 9 Parliament and international law in the eighteenth century 1 David Armitage The study of parliament and international law in the eighteenth century illuminates crucial distinctions among nation, state and empire. For example, after 1603 but before 1707, the Scottish parliament in Edinburgh represented a nation but aroused English opposition whenever it tried to legislate as if Scotland were an independent state. Before 1801, the Irish parliament in Dublin represented only a very narrowly defined Irish nation and, prior to the

in Parliaments, nations and identities in Britain and Ireland, 1660–1850
Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Vincent Chapaux

planetary species by categorizing these living creatures as ‘products’. 4 This author is not of the opinion that current international law is entirely anthropocentric. As the botanist in the above-mentioned movie, international law can sometimes be characterized as biocentric, which means that some of its rules embrace the vision according to which each species has an equal right to live on the planet. It is the case of numerous conventions protecting whales or other species from commercial predation, for instance. 5 Other rules of international law aim at protecting

in Cinematic perspectives on international law
William Thomas Worster

Although it is often argued that international organizations do not contribute to customary international law in the same manner as States, this position ignores situations where an international organization assumes the governance of a State or territory. In these cases, the usual paradigm distinguishing states from international organizations fails and the organization takes on the function of a State. A survey of citations shows that International Territorial Administrations, where an organization functions as a State government, do contribute to customary

in International organisations, non-State actors, and the formation of customary international law
Serge Sur

When the editors of this most interesting book invited me to comment on its chapters, I felt very much honoured and also challenged. I happen to have written essays about cinema, but in a spirit of analysis rather than synthesis. That is to say, I selected a restricted number of films, without focusing on international law per se. 1 Ever since its inception, cinema has inspired many written pieces, notably artistic or technical considerations. It has progressed, a long time ago, from the status of mere entertainment to that of art in its own right, a

in Cinematic perspectives on international law
Marco Benatar

Even in the far reaches of space, debates over international law rage on. Nowhere more so than on Third Earth, where the ThunderCats , 1 a motley crew of feline humanoids, engage in a heated argument over the prohibition of warp gas, a chemical weapon which toys with the emotional state of sentient beings. Having witnessed their foes, fearsome mutants, spray the outlawed gas on their victims, a conversation ensues amongst the ThunderCats (season 1, episode 4, 1985): Tygra: So that’s it! Warp gas! Panthro: I thought the Interstellar Council ruled

in Cinematic perspectives on international law
Jérémie Gilbert

91 Chapter 4 CERD’s contribution to the development of the rights of indigenous peoples under international law Jérémie Gilbert* Introduction The rights of indigenous peoples under international human rights law have greatly evolved in the last two decades, notably with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007 which came to light after more than twenty years of negotiations.1 In terms of international legal standards, there are two main approaches to the rights of indigenous peoples, one stemming from

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination