On the 'inherent' character of the right of states to self-defence

While there is no lack of studies on the use of armed force by states in self-defence, its qualification as an ‘inherent right’ in article 51 of the Charter of the United Nations has received little scholarly attention and has been too quickly dismissed as having no significance. The present article fills this gap in the literature. Its purpose is not to discuss the limits to which article 51 or customary international law submit the exercise of the right of self-defence by states, but to examine what its 'inherent’ character means and what legal consequences it entails. The article advances two main arguments. The first is that self-defence is a corollary of statehood as presently understood because it is essential to preserving its constitutive elements. The second argument is that the exercise of the right of self-defence must be distinguished from the right itself: it is only the former that may be delegated to other states or submitted to limitations under customary international law and treaty law. The right of self-defence, however, cannot be alienated and it takes precedence over other international obligations, although not over those specifically intended to limit the conduct of states in armed conflict or over non-derogable human rights provisions.

A ‘right to have rights’ in the EU public sphere? An Arendtian justification for the application of the EU Charter of Fundamental Rights

This paper discusses the Court’s reasoning in interpreting the EU Charter, using recent case law on horizontal effect as a case study. It identifies two possible means of interpreting the provisions of the Charter: firstly, an approach based on common values (e.g. equality or solidarity) and, secondly, an approach based on access to the public sphere. It argues in favour of the latter. Whereas an approach based on common values is more consonant with the development of the case law so far, it is conceptually problematic: it involves subjective assessments of the importance and degree of ‘sharedness’ of the value in question, which can undermine the equal constitutional status of different Charter provisions. Furthermore, it marginalises the Charter’s overall politically constructional character, which distinguishes it from other sources of rights protection listed in Art 6 TEU. The paper argues that, as the Charter’s provisions concretise the notion of political status in the EU, they have a primarily constitutional, rather than ethical, basis. Interpreting the Charter based on the very commitment to a process of sharing, drawing on Hannah Arendt’s idea of the ‘right to have rights’ (a right to access a political community on equal terms), is therefore preferable. This approach retains the pluralistic, post-national fabric of the EU polity, as it accommodates multiple narratives about its underlying values, while also having an inclusionary impact on previously underrepresented groups (e.g. non-market-active citizens or the sans-papiers) by recognising their equal political disposition.

Children’s access to beneficial information in Arab states: Implementation of Article 17 of the Convention on the Rights of the Child in Egypt, Morocco and the United Arab Emirates

In theory, the multiple platforms and transnational nature of digital media, along with a related proliferation of diverse forms of content, make it easier for children’s right to access socially and culturally beneficial information and material to be realised, as required by Article 17 of the UN Convention on the Rights of the Child (CRC). Drawing on data collected during research on children’s screen content in the Arab world, combined with scrutiny of documents collated by the Committee on the Rights of the Child, which monitors compliance with the CRC, this paper explores how three Arab countries, Egypt, Morocco and the United Arab Emirates, presented their efforts to implement Article 17 as part of their periodic reporting on their overall performance in putting the CRC into effect. It uncovers tensions over the relationship between provision, participation and protection in relation to media, reveals that Article 17 is liable to get less attention than it deserves in contexts where governments keep a tight grip on media, and that, by appearing to give it a lower priority, all parties neglect the intersection between human rights in relation to media and children’s rights.

Supporting the learning and networking experiences of doctoral students

This study explores the impact of a Graduate Virtual Research Environment (GVRE) on the learning and networking experiences of research students. The GVRE was established to support and enhance research skills and employability training across a university. It provides an extensive range of resources including video reflections based on the experiences of students and staff; GVRE members are encouraged to comment and engage in discussions on these resources. Our work is framed using social theories of learning and the role of communities in the support and development of research students. In particular, we are interested in exploring the challenges involved in developing communities and networks for students whose main focus is their individual research. The GVRE was made available to over 600 students and in this research we explore its impact on the experiences of research students. In particular, we investigate four questions: (a) what impact does the students use of the GVRE have on the development of their research skills; (b) what impact does membership of the GVRE have on the networks and communities of research students; (c) how do research students view the relationships between their research skills training programme, their individual research and the GVRE; and (d) how do research students currently use social media. We use an interpretivist approach and our data sources include site statistics, responses to a questionnaire and also feedback from a focus group. Our findings indicate that networking remains an issue and students suggested approaches to facilitating this using the GVRE: (1) A clearer pathway from skills need identification to skills acquisition; (2) Rewards for activities around networking - possibly through credit on the training scheme; (3) Activities that would involve research directly. Feedback on the GVRE indicated that it is valued by research students as it facilitates the development of their research skills. In terms of marketing the GVRE to research students important factors identified were: the ease of access to the site, the overview it gives of the PhD process; and the value of the site to students around the defining moments of their studies when the students felt they needed additional advice and guidance.