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Claims to universality and charges of particularism
Philip Burton

the universality of law per se , but rather a re-appropriation. 64 For example, while international law effectively condemned Latin American states to second-class citizenship in the “international community,” it nevertheless “represented the best hope for restraining the use of force against them by countries with more military power than they

in Latin America and international investment law
Transformative constitutionalism and fair and equitable treatment
René Urueña
María Angélica Prada-Uribe

investor being part of the proceeding. In these cases, the domestic jurisdiction may be triggered by citizens or communities seeking the protection of their fundamental or collective rights through, for example, the writ of amparo or class actions. In Colombia, natural persons have access – in some cases even without the need of a lawyer – to different

in Latin America and international investment law
Resistance and accommodation
Sufyan Droubi
Cecilia Flores Elizondo
, and
Raphael Heffron

of bilateral investment treaties establishes “automatic rules” in the form of legal entitlements to a class of actors that already occupy the high echelons of the world and regional wealth and income pyramid – not only with treaty provisions on indirect expropriation, full security, fair and equitable treatment etc. but also with decisions adopting approaches to the payment of

in Latin America and international investment law

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).

Nicolas Kang- Riou

through the lens of science fiction cinema A brief analysis of science fiction cinema has helped us rediscover both the flexibility of international legal concepts as well as its limits. Some conclusions can be taken from this. The first is the most obvious. Science fiction cinema can be a great didactic tool which could be used in class to show the operation of some key aspects of international law. It has been noted that current students of international law are more likely to be familiar with events depicted in recent science fiction cinema than they are to know

in Cinematic perspectives on international law
Indigenous peoples and the development of international law
Patrick Thornberry

territories of backward peoples’.78 He divided jurists into three classes:79 (I) those who regard backward peoples as possessing a title to the sovereignty which they inhabit which is good against more highly civilised peoples; (II) those who admit title but with qualifications; and (III) those who do not consider that the natives possess rights of such a nature as to be a bar to the assumption of sovereignty over them by more highly civilised peoples. Among the class (I) jurists ‘who recognize sovereignty in 73 J. Westlake, Chapters on the Principles of International Law

in Indigenous peoples and human rights
Nigel D. White

‘it is not individuals who are set free by free competition; it is rather, capital which is set free’. 64 Chimni analyses international organisations following Marxist tenets. He places emphasis on the current combination of domination, powers and activities of such bodies, including the UN, which together ‘constitute a nascent global state’, whose ‘current task is to realise the interests of an emerging transnational capitalist class in the international system to the disadvantage of subaltern classes in the third and first worlds’. 65 He points to the existence

in The law of international organisations (third edition)
Matthew Happold

roles, but because the experience is seen as damaging to them. Previously, children participating in hostilities could be seen as heroic. One of the heroes of the First World War, for example, was Boy First Class John Travers Cornwall, who was mortally wounded at the Battle of Jutland aged 16 and awarded the Victoria Cross posthumously. 6 Today, war is no longer seen as glorious or as a rite of

in Child soldiers in international law
International humanitarian law
Matthew Happold

issues were still considered to be matters within a state’s domestic jurisdiction. International humanitarian law traditionally sought to protect individuals from the acts of states other than their own. 2 GC IV was intended primarily to protect two classes of persons against the acts of enemy powers: enemy nationals living within the territory of a belligerent state and the inhabitants of

in Child soldiers in international law
Matthew Happold

, membership of a particular social group or political opinion. However, the Refugee Convention also provides that certain classes of persons are ineligible for refugee status, either because they are not in need of international protection or are receiving it elsewhere, or because they are undeserving of it. Article 1F provides that the Convention: ‘shall not apply to any person with respect of whom there are

in Child soldiers in international law