Transnational organised crime and international law: The Palermo Convention

The last decade has witnessed a significant growth in transnational organised crime activities. It has also seen multiple efforts by the international community to come to terms with this rise of organised crime and to work towards an international instrument to combat the activities of criminal organisations. In December 2000, the United Nations opened for signature the Convention against Transnational Organized Crime (2001), also known as the Palermo Convention, a treaty that is supplemented by three protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The conclusion of the Convention marks the end of more than eight years of consultations on a universal instrument to criminalise and counteract transnational criminal organisations. This article illustrates the developments that led to the Convention against Transnational Organized Crime and reflects on the amendments and concessions that have been made to earlier proposals during the elaboration process. This article highlights the strengths of the Convention in the areas of judicial cooperation and mutual legal assistance, and the shortcomings of the new Convention, in particular in failing to establish a universal, unequivocal definition of “transnational organized crime”.

The principle of non-refoulement under international law: Its inception and evolution in a nutshell

The article first gives an overview of the formation and the evolution of the principle of non-refoulement under international law. The different meanings of the concept in the asylum and human rights contexts are then discussed and compared, with due regard to the convergences that arose in the course of legal developments. In doing so, this short piece also draws attention to certain controversial issues and blurred lines, which have surfaced through the practical application of the prohibition of refoulement. Identifying the contours of the concept and clarifying its content and its effects may help in appreciating the implications that stem, in the current extraordinary times of migratory movements, from the fundamental humanitarian legal principles of which the imperative of non-refoulement forms part.

An Exploration of Fairness in International Law through the Blue Nile and GERD

Peer reviewed

Media diversity as a guarantee to cultural diversity: the promotion of identities from an international law approach

This article deals with several international instruments which provide legal guarantees for media diversity, which is essential for the promotion of cultural diversity. Based on several articles of the Convention of cultural diversity, the General Comment of the Committee on Economic, Social and Cultural Rights No. 21 on the right to take part in cultural life, as well as the work of the UN Independent Expert on Cultural Rights, this article aims to identify legal tools for the establishing of measures promoting cultural diversity in the media. This article looks at the case study of Honduran Garifuna community radios. It emphasizes the importance of taking into account the economic aspects of cultural and communicational rights.

International Law and Land Rights in Africa: The shift from states’ territorial possessions to indigenous peoples’ ownership rights

This is a pre-copyedited, author-produced PDF of a chapter published in Home, Robert, (ed.) Essays in African Land Law. Pretoria University Press, pp. 47-68. ISBN 9781920538002 Availiable at : http://www.pulp.up.ac.za/cat_2011_15.html

Trafficking in human beings for for forced labour in domestic and international law: a comparative legal study of the kingdom of Saudi Arabia and the United Kingdom

This thesis examines the effect of combating of human trafficking as a crime. Special emphasis has been placed on forced labour and the rights of trafficked victims and their protection. The study explores various legislations undertaken at regional, national and international levels and considers rights of trafficked victims under international human rights and Islamic rights. The aim of the thesis is to provide a critical and comparative analysis of the legal systems of the Kingdom of Saudi Arabia (KSA) and the United Kingdom (UK) in terms of human trafficking. The thesis consists of eight chapter; each covering a different aspect of the study. It begins by providing background information regarding the issue of human trafficking and proceeds to examine developments of legal frameworks across the two jurisdictions to combat this crime and penalize the criminals. It seeks to examine the legal system pertaining to human trafficking for forced labour and analyse the three distinct platforms, that is, prevention, protection, and punishment, by comparing the legal systems of the KSA and the UK. The examination of both countries aims to identify the strength and weaknesses of the KSA system as compared to the UK system. Thus, it concludes that the KSA can improve its ranking from Tier 2 watch list to Tier 1 if reforms are introduced in the legislation and enforcement domains. The study also demonstrates how the UK and the KSA portray ‘human trafficking’ in their regional laws. A problem often faced during the information-gathering and investigation stages is the lack of available evidence against traffickers, a particular issue in the KSA. The thesis concludes that the transnational aspect of this phenomenon makes it necessary to establish a thorough and comprehensive legal framework to cover all matters pertaining to this crime, including the protection of victims and punishment of criminals in the KSA and the UK, including immigration and ‘kafala’ strategies that may be of value in future researches.

Beyond the Spanish classics - The ephemeral awakening of the history of international law in pre-democratic Spain

Cuadernos para el Diálogo (1963-1978) played a key-role in nurturing the intellectual soil for the Spanish Transition to democracy and it has spawned an extensive amount of literature among historians. This work links for the first time the course of this emblematic monthly journal with the short-lived period of methodological and historiographical innovation of Revista Española de Derecho Internacional under the direction of the international jurist Mariano Aguilar Navarro.

The Principle of Proportionality in International Law

Whilst the principle of proportionality indisputably plays a crucial role in the protection of fundamental rights, it is still unclear to what extent it applies to other fields in international law. The paper therefore explores the role it plays in selected fields of public international law, beyond human rights. The examination begins in the classical domain of reprisals and in maritime boundary delimitation and continues to analyse the role played in the law of multilateral trade regulation of the World Trade Organization and in bilateral investment protection. In an attempt to explain differences in recourse to proportionality in the various fields, we develop in our conclusions a distinction between horizontal and vertical constellations of legal protection.

Reconciling the Irreconcilable? Sovereign Debt Restructuring and the Principles of International Law. A Law and Economics Perspective

This Thesis focuses on the principles of international law relevant to the resolution of legal disputes arising from sovereign insolvency conflicts. It attempts to contribute to the “incremental” approach literature by identifying principles, justifying their application in litigation and assessing whether they may help to reconcile the trade-offs prevalent in that context. For that purpose, this Thesis distinguishes between two different types of principles. First, it investigates the “Principles of Public International Law” (henceforth, “PIL principles”). Said category refers to norms of the law of nations which can be considered functionally and structurally similar to domestic constitutional principles (i.e., that can be regarded as “optimization” or “prima facie” requirements). This Thesis underscores the PIL principles protecting the interests of the creditors and citizens as well as the “public interest”, arguing that decision makers face a trade-off between these principles in the context of restructurings. Secondly, this Thesis inquires into the “general principles of domestic law” (henceforth, “GPDs”) which can be applied in sovereign debt restructuring. Two GPDs are identified: a “stay” on litigation and a “cram down” on dissenting creditors’ claims. Although both principles have been identified by the prior literature, this work advances a small but significant “twist” in the methodology used for that purpose: it relies exclusively on functional and comparative analysis. Moreover, this work justifies the application of said GPDs for two jurisdictions: New York and Germany. Finally, it posits that those GPDs can help to mitigate the trade-offs between PIL principles, thus reconciling the interests at stake.

A qualified defense of American drone attacks in northwest Pakistan under international humanitarian law

Since the terrorist attacks of September 11, 2001, international law has had to grapple with the fundamental challenges that large-scale violence carried out by non-State actors poses to the traditional inter- State orientation of international law. Questions related to the “adequacy” and “effectiveness” of international humanitarian law, international human rights law and the law related to the use of force have been particularly pronounced. This paper focuses on the international humanitarian law implications of American drone attacks in northwest Pakistan. A highly-advanced modality of modern warfare, armed drones highlight the possibilities, problems, prospects and pitfalls of high-tech warfare. How is the battlefield to be defined and delineated geographically and temporally? Who can be targeted, and by whom? Ultimately, this paper concludes that American drone attacks in northwest Pakistan are not unlawful as such under international humanitarian law, though, like any tactical decision in the context of asymmetric warfare, they should be continuously and closely monitored according to the dictates of law with sensitivity to facts on the ground.