Recent Submissions

  • Protection of individuals hors de combat: convergence of international humanitarian law and international human rights law

    Borelli, Silvia; Laufer, Helin; University of Bedfordshire; King’s College London (Springer, 2022-01-01)
    The principle that persons who are not, or are no longer, taking part in hostilities cannot be attacked or harmed represents one of the cornerstones of international humanitarian law. This principle is embodied by the protections afforded under international humanitarian law to individuals who are hors de combat, which apply in both international and non-international armed conflicts. Alongside the extensive protections envisaged by international humanitarian law, individuals who have fallen into enemy hands during an armed conflict also enjoy a range of substantive and procedural protections under international human rights law. The present chapter provides an overview of the relevant protections under the two systems, highlighting similarities and differences between the protections applicable under both systems, and their interaction. In doing so, it provides a critical assessment of the extent to which the protections arising under international human rights law apply to combatants who are in the power of the adverse party, and the extent to which they extend beyond those afforded under international humanitarian law.
  • Channel crossings and deaths at sea: managing irregular migration and the need for safe and legal routes to protection

    Borelli, Silvia; ; University of Bedfordshire (federalismi.it, 2022-01-17)
    The recent marked increase in numbers of individuals attempting to cross the English Channel on small boats is at the centre of the current debate on immigration in the United Kingdom. This paper provides an overview of the measures recently proposed or adopted to counter the phenomenon and assesses their legality under international law. It argues that the creation of safe and legal routes to protection is the most appropriate way to accommodate both the UK’s legitimate interests in limiting irregular migration by sea, and its humanitarian obligations towards vulnerable migrants.
  • Does accommodating solidarity in EU asylum law require a paradigm shift? from solidarity despite asylum seekers to solidarity towards asylum seekers

    Gualco, Elena; ; University of Bedfordshire (Federalismi, 2022-01-17)
    Acknowledging the central role of solidarity within the architecture of the EU, the paper investigates the internal and external dimension of solidarity. In order to evaluate the EU commitment towards its accommodation, the paper investigates how solidarity has been embedded into the CEAS and under the provisions of the New Pact on Migration and Asylum. Once pointed out that solidarity – despite being a universal value – is mostly intended for the benefit of EU States, the paper advocates for a paradigm change where the focus of EU asylum legislation ceases to be the affected State(s) but rather becomes the affected individuals.
  • The breach of a treaty: state responses in international law

    Xiouri, Maria; University of Bedfordshire (Brill/Nijhoff, 2021-03-11)
    In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty according to the law of treaties and the law of State responsibility, namely, between the termination of the treaty or the suspension of its operation and countermeasures. Based on extensive analysis of State practice, the relevant legal instruments, international case law and literature, the book critically examines the concept of responses to the breach of a treaty, their legal regime and their operation in practice. It focuses on suspension of the operation of a treaty and countermeasures, challenging the prevailing view that there is a clear distinction between them, and argues that the former has been effectively superseded by the latter.
  • Organising for women's emancipation: challenges and pitfalls

    Schwabenland, Christina; Lange, Chris; Onyx, Jenny (Deutsches Zentralinstitut für soziale Fragen, 2020-08-31)
    The oppression and devaluing of women is a significant problem all over the. world. Exploring forms of gender oppression as well as different kinds of responses by civil society organisations is at the core of this article. Women have persistently struggled for their rights and emancipation: in social movements, wormen's organisations and by challenging discrimination in organisations employing both women and men. But their success is often limited due to deep-seated cultural patriarchal norms.
  • Pushing back against push-backs: a right of entry for asylum seekers unlawfully prevented from reaching Italian territory

    Borelli, Silvia; University of Bedfordshire (Società Editrice il Mulino, 2020-03-10)
    A decision of a civil court in Rome has reaffirmed the illegality of ‘push-back’ operations under both Italian and international law. In a noteworthy and innovative development, the court further held that, in light of the fact that the claimants had been wrongfully prevented from reaching Italian territory, they had a subjective right as a matter of Italian constitutional law to be admitted to Italy so as to be able to make an application for international protection. The decision has potentially far-reaching implications for future cases before the Italian courts in the field of migration, and may also pave the way for similar findings at the international level.
  • The International Criminal Court and Africa : a fractious relationship assessed

    Rukooko, Archangel Byaruhanga; Silverman, Jon; Makerere University; University of Bedfordshire (University of Pretoria, 2019-07-19)
    For many African states, the latest iteration of Western colonialism is the International Criminal Court. All the Court’s prosecutions have involved African conflicts, and the continent’s initially strong support for its creation has in recent years notably weakened. Leaders from Museveni to Kenyatta and Zuma to Bashir have excoriated the Court for its partiality, and only a change of government in The Gambia reversed a serious threat to quit its jurisdiction. Under pressure from Burundi and South Africa, the African Union has made increasingly militant noises about a mass withdrawal of member states. How should blame be apportioned for the turbulence of this relationship between the Court and the current generation of African leaders? Where does it leave a continent blighted by conflict, egregious human rights abuses and perceptions of the impunity of the ‘big man’ at the top? A research project, funded by the British Academy, has examined attitudes in civil society in Uganda and Kenya towards the ICC and asked whether human rights abuses could be effectively addressed by any other means. Researchers from three universities in Kenya, Uganda and the UK have interviewed judges, lawyers, NGOs, journalists and others about the ICC, domestic or regional forms of 'justice' (such as the putative African Court of Justice & Human Rights) and other transitional post-conflict mechanisms. The findings suggest that there is a high level of frustration with the performance of the ICC and, specifically, the Office of the Prosecutor. The article argues that although there is no one common denominator in the failed prosecutions, the ICC’s strategy has too often yielded the initiative to long-serving leaders adept at retaining power and that, while state parties see little hope of reforming the ICC and favour an ‘Africanist solution to African problems’, there is little agreement on what form that should take.
  • The development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principles

    Gualco, Elena (Il Mulino, 2019-12-01)
    Over the years, EU general principles have proven to be an essential source of protection of equality. The approach followed by the European Court of Justice has made general principles one of the most effective sources of law towards the goal of expanding the protection of equality and improving its enforcement. Against this backdrop, the article argues that some recent decisions in the fields of disability and age discrimination challenge the merits of such approach and eventually disclose its shortcomings. The ruling in Kaltoft shows at time a lack of consistency of the CJEU case-law and a far too discretional reasoning, while Dansk Industri and Parris demonstrate that the Court’s arbitrary approach has the capacity to ultimately jeopardise the effective and fair enjoyment of equality as an individual right.
  • Reflecting and integrating the contextual influences of ambiguities and institutional power in organisational research design: a case of Myanmar

    Win, Sandar; Kofinas, Alexander K.; University of Bedfordshire (Cambridge University Press, 2019-07-03)
    Our understanding of how an organisation operates is elucidated by the host country’s political system. Myanmar has remained abstruse to researchers for many decades, as do most emerging markets prior to their transition from a centrally planned economy to a market economy such as China. We establish how the problematising and contextualisation of the methodologies adopted during a longitudinal fieldwork in Myanmar (2008 to 2016) has influenced our research focus and question. By reflecting on our experience of conducting organisational research in a highly institutionalised environment, we have identified limitations in the prevalent research methodologies used by the extant literature. Such methodologies tend to be incompatible with the Asian context. This process of problematisation required us to remain flexible and adaptive during the process of the generation of the research questions. We adopted a context-informed theory-building process and reflect on the interplay between interviewer, interviewees and local institutional contexts. An important insight from this process was the need to nullify the asymmetry of power between the interviewer and interviewees to obtain honest responses rather than superficial data that aimed to satisfy and please the interviewer/institutional context.
  • The justice conundrum : Africa's turbulent relationship with the ICC

    Silverman, Jon; University of Bedfordshire (Harvard University, Harvard Law School, 2019-02-18)
    This article/blog is a response to the article 'Judicialization of Peace' in the Harvard International Law Journal Vol 59(2).The Colombia transitional peace model, as described in the article, offers an interesting prism through which to view the ICC's involvement in African conflicts which, hitherto, has served mainly to antagonize African leaders and achieved little in the way of transitional justice. This response looks critically at the role of the Office of the  Prosecutor under both Luis Moreno Ocampo and Fatou Bensouda ; examines some of the flaws in the Kenyatta/Ruto prosecution; and asks whether the 'shadow effect' of the ICC (pace the article) could help mediate meaningful peace moves on a continent whose institutions, in the main, are far less robust than Colombia's.  It also posits a philosophical gulf between African concepts of 'human rights', rooted in tribe and ethnic community, and the ICC's application of (Enlightenment) principles of individual liberties.  
  • Investment arbitration in Romania

    Baltag, Crina (2016-02-22)

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