This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researchers in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.
The case of the management of the dead related to COVID-19
This article studies one of the humanitarian challenges caused by the COVID-19 crisis: the dignified handling of the mortal remains of individuals that have died from COVID-19 in Muslim contexts. It illustrates the discussion with examples from Sunni Muslim-majority states when relevant, such as Egypt, the Kingdom of Saudi Arabia, Jordan, Morocco and Pakistan, and examples from English-speaking non-Muslim majority states such as the United Kingdom, the United States of America, Canada and Australia as well as Sri Lanka. The article finds that the case of the management of dead bodies of people who have died from COVID-19 has shown that the creativity and flexibility enshrined in the Islamic law-making logic and methodology, on the one hand, and the cooperation between Muslim jurists and specialised medical and forensic experts, on the other, have contributed to saving people’s lives and mitigating the effects of the COVID-19 pandemic in Muslim contexts.
An overview of the role of the Oireachtas in European Union affairs
Where we stand now: an overview
of the role of the Oireachtas in
European Union affairs
This chapter describes the role of the Oireachtas in European affairs in the 30th Dáil
(2007–11) and 31st Dáil (2011–16), the two most recently completed legislative
periods.1 There are three main aspects to parliament’s relationship with Government.
First, parliament has a role in forming and dismissing governments. Secondly, parliament has a role in policy-making and law-making. Thirdly, parliament has a role in
rendering the Government accountable.2
of law-making itself, myths are created and retained.
Ronnie Lippens has carved an international reputation through his use
of both philosophical and artistic insights into the criminological canon.
In his chapter, ‘Forward! Coding, decoding and recoding order in public
art for urban regeneration’, he explores how public artworks are themselves part of a system of coding and recoding that informs both our ethics
and our aesthetics. His contribution explores the coded dimension of large
public artworks (sculptures or installations in particular). Public space is
the United Nations Human Rights Treaty Bodies ( ILA 2004 ).
8 International Law Commission, ‘First report on formation and evidence of customary international law’, UN Doc A/CN.4/663 (17 May 2013) (First report on customary international law) paras 24–27. See also A Bianchi , ‘ Human Rights and the Magic of Jus Cogens ’ ( 2008 ) 19 EJIL 491 .
9 McCall-Smith (n 7); K McCall-Smith , ‘ Reservations and the Determinative Function of Human Rights Treaty Bodies ’ ( 2012 ) 54 German YbIL 521 . See , generally, G Ulfstein , ‘ Law-Making by
This chapter argues that international organisations can be conducive to the emergence or consolidation of the customary status of those primary rules of international law which their sanctions are meant to vindicate. It shows that the contribution of sanctions to the formation of custom varies significantly depending on the concrete situation. In cases where international organisations react to breaches of obligations that already have an erga omnes status and their standing to adopt sanctions is uncontested under the law of countermeasures, international organisations contribute to consolidation and clarification of custom. Ironically, however, the potential for customary law-making is greater when the erga omnes status of an obligation towards which an international organisation is reacting to is not yet confirmed. The illegality or legal uncertainty shrouding such sanctions under the law of responsibility does not preclude their potential in customary law-making – in fact, it may maximise their contribution. In discussing these situations, the present chapter makes an important distinction between the act of sanction and the act of protest. This makes it possible to argue that it is protests accompanying the act of sanction that have a role to play in custom-making, rather than the act of sanction itself.
The International Law Commission held that that the conduct of non-State actors ‘is not practice that contributes to the formation, or expression, of rules of customary international law’ for the sake of the identification of customary international law. However, the present chapter argues that the activities of de facto regimes can be considered as properly speaking ‘practice’ that contributes to the formation, or expression, of rules of customary international law under two scenarios. Firstly, the custom-creating or custom-strengthening conduct of the de facto regimes might be attributed to a State, usually to an occupying power or a State supporting in various means the entity by exercising effective control or at least decisive influence over it. Secondly, de lege ferenda, even without attribution, the conduct of de facto regimes should be taken into account as strengthening the practice forming customary international law at least in subject matters governing the rights and obligations of the de facto regimes itself. This chapter argues that in both scenarios the de facto regimes’ law-making capacity and conduct should be taken into account either as relevant sources for identifying the ‘practice’ of States or the conduct of international organisations, or as relevant ‘practice’ as such.
, the national law-making majority at any given moment. He wrote:
[T]he policy views dominant on the Court are never for long out of line with the policy views dominant among the law-making majorities of the United States. Consequently it would be most unrealistic to suppose that the Court would, for more than a few years at most, stand against any major alternatives sought by the law-making majority. 3
Dahl rested his thesis on both history and logic. First then, it is important to note that the Court only rarely declares federal laws unconstitutional – just
This book explores for the first time women’s leading roles in animal protection in nineteenth-century Britain. Victorian women founded pioneering bodies such as the Battersea Dogs’ Home, the Royal Society for the Protection of Birds, and the first anti-vivisection society. They intervened directly to stop abuses, promoted animal welfare, and schooled the young in humane values via the Band of Mercy movement. They also published literature that, through strongly argued polemic or through imaginative storytelling, notably in Anna Sewell’s Black Beauty, showed man’s unjustifiable cruelty to animals. In all these enterprises, they encountered opponents who sought to discredit and thwart their efforts by invoking age-old notions of female ‘sentimentality’ or ‘hysteria’, which supposedly needed to be checked by ‘masculine’ pragmatism, rationality and broadmindedness, especially where men’s field sports were concerned. To counter any public perception of extremism, conservative bodies such as the Royal Society for the Prevention of Cruelty to Animals for long excluded women from executive roles, despite their crucial importance as donors and grassroots activists. However, women’s growing opportunities for public work in philanthropic projects and the development of militant feminism, running in parallel with campaigns for the vote, gave them greater boldness in expressing their distinctive view of animal–human relations, in defiance of patriarchy. In analysing all these historic factors, the book unites feminist perspectives, especially constructions of gender, with the fast-developing field of animal–human history.