Tag: International Law
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Traces of Constitutional Reasoning in Latin America and the Caribbean – Regional Cosmopolitanism Without Backlash?
—Johanna Fröhlich, Pontifical Catholic University of Chile Latin America is claiming a leading position in global constitutional trendsetting, as its rich constitutional traditions keep inspiring new experiments and novel constitutional theories for seeking structural change. Transformative constitutionalism, Andean neo-constitutionalism or the idea of a distinct Latin American Ius Constitutionale Commune have all trusted judges, and…
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Pandemic Rulings: Between Dialogues and Shortcuts at the Inter-American Court of Human Rights
—Melina Girardi Fachin and Bruna Nowak, Universidade Federal do Paraná On May 26, 2020, the President of the Inter-American Court of Human Rights (IACtHR) issued the Court’s first decision concerning the COVID-19 pandemic. The resolution decided upon urgent measures regarding the already-decided Case of Vélez Loor v.
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As Karlsruhe and Luxembourg Feud, are Jo’burg and Arusha Growing Closer?
—Tom Gerald Daly, The University of Melbourne 2020, which has been a friend to no one, has certainly not spared international courts. Most obviously, the Federal Constitutional Court of Germany’s Weiss[1] judgment of 5 May, holding a judgment of the Court of Justice of the EU ultra vires due to poor reasoning, has shaken the…
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Iran and the Rhetoric of International Law
—Jill Goldenziel, Marine Corps University-Command and Staff College [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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Book Review: Phillip Paiement on “Globalisation and Governance: International Problems, European Solutions” (Robert Schütze ed.)
[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Phillip Paiement reviews Globalisation and Governance: International Problems, European Solutions (Robert Schütze ed., Cambridge 2018).] –Phillip Paiement, Tilburg Law School Which institutional architectures are best suited to govern the social and economic globalizations of the 21st Century?
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The Supreme Court of Chile as an Inter-American Tribunal
–Jorge Contesse, Assistant Professor of Law, Rutgers Law School The Grand Chamber of Chile’s Supreme Court recently declared that criminal convictions against indigenous leaders obtained under Chile’s terrorist statute “have ceased to have effects,” as direct result of a decision by the Inter-American Court of Human Rights.[1]
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The Politics behind the Latest Advisory Opinions of the Inter-American Court of Human Rights
—Nicolás Carrillo-Santarelli, Universidad de la Sabana, Colombia[1] The Inter-American Court of Human Rights (hereinafter, IACtHR) recently made public the text of its two latest advisory opinions, In OC-24/17 the Court was of the opinion that the change of name and identity documents ought to be consistent with the self-perceived gender identities, reason why individuals should…
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The Superficiality of U.S. Confirmation Hearings and the Issue of Comparative Constitutional Law
—Stefanus Hendrianto, Boston College In the last five confirmation hearings in the United States Senate for nominees to the U.S. Supreme Court (Roberts, 2005; Alito, 2006; Sotomayor, 2009; Kagan, 2010; and Gorsuch, 2017), the role of comparative constitutional law in the American constitutional system was one of the main questions.
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The Greek Austerity Measures: Remedies Under International Law
— George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) In a prior post, I argued that the Greek austerity measures violated various provisions of the Greek Constitution, as well as treaty commitments and other instruments embodied in international law.
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International Arbitration and the Transformation of Comparative Law
—Donald Childress III, Pepperdine University We are in the midst of a monumental shift in the way international law views the state. While at one time, the nation-state claimed near absolute authority over prescribing, adjudicating, and enforcing law, today we see many non-state actors competing for legal competence.