FID Recht - 341 - Völkerrecht

The Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law

2026-07-10T08:22:19+00:00

The right to freedom of association in the workplace is a well established norm of international human rights law. However, it has traditionally received insubstantial attention within human rights scholarship. This article situates the right to freedom of association at work within human rights discourses. It looks at the status, scope and importance of the right as it has evolved in international human rights law. In so doing, a case is put that there are strong reasons for states to comply wi[...]

Protection of the Natural Environment Under International Humanitarian Law and International Criminal Law: The Case of the Special Jurisdiction for Peace in Colombia

2026-07-10T08:22:17+00:00

This Article addresses the protection of the natural environment in a non-international armed conflict (NIAC) by applying international humanitarian law (IHL) and international criminal law (ICL) in a transitional justice tribunal. In December 2016, the Colombian government and the Revolutionary Armed Forces of Colombia–People’s Army (FARC-EP) guerrilla group signed an agreement which established the Special Jurisdiction for Peace (JEP), a tribunal designed to investigate, prosecute, and punish [...]

Representation, Inequality, Marginalization, and International Law-Making: The Case of the International Court of Justice and the International Law Commission

2026-07-10T08:22:16+00:00

This Article assesses the extent of inequality and marginalization in the making of international law. It examines whether there is equal contribution, and equal opportunity for contribution, in the making of international law by and for all States. In particular, the Article ponders whether the Global South is marginalized in law-making processes, or, put another way, whether the Global North is privileged. The Article evaluates whether there is equitable representation in international law-mak[...]

Whales, science, and scientific whaling in the International Court of Justice

2026-07-10T08:22:16+00:00

I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice cho[...]

STATE REMEDIES FOR HUMAN RIGHTS

2026-07-10T08:22:11+00:00

Within the United States, states are the source of remedies for most legal wrongs. State law provides remedies for common law torts, statutory violations, and constitutional rights, and state courts are available to parties seeking these remedies. May states also provide remedies for the victims of international human rights violations? With the Supreme Court closing the door on human rights litigation in U.S. federal courts under the Alien Tort Statute, and with plaintiffs therefore turning to [...]

International Comity in American Law

2026-07-10T08:22:10+00:00

International comity is one of the principal foundations of U.S. foreign relations law. The doctrines of American law that mediate the relationship between the U.S. legal system and those of other nations are nearly all manifestations of international comity — from the conflict of laws to the presumption against extraterritoriality; from the recognition of foreign judgments to doctrines limiting adjudicative jurisdiction in international cases; and from a foreign government’s privilege of bringi[...]

Abroad: Law, Migration, and Capitalism in an Age of Globalization

2026-07-10T08:22:09+00:00

John Locke’s famous triad of inalienable rights included life, liberty, and property. Historians of human rights, however, have neglected property in favor of the more heroic categories of life and liberty. This dissertation asks what the relationship between life, liberty, and property has been in international law by studying the protection of nationals abroad in the nineteenth century and the various attempts to internationalize that protection in the twentieth. The late nineteenth century wa[...]

The Counterterrorism War Paradigm versus International Humanitarian Law: The Legal Contradictions and Global Consequences of the US “War on Terror”

2026-07-10T08:22:07+00:00

Since 2001, we have witnessed the development of a counterterrorism war paradigm built to advance claims about the post-9/11 scope and discretion of US executive power and to articulate specific interpretations of national security interests and strategic objectives in the “war on terror.” What makes this a paradigm rather than merely a conglomeration of evolving policies is the cohesiveness and mutual reinforcement of its underlying rationales about the rights of the US government to prosecute [...]

Space Law, Human Rights and Corporate Accountability

2026-07-10T08:22:05+00:00

The international legal regulation of outer space was founde don an assumption that space was (at that time) a new frontier tha twould enable a far broader range of activities on Earth and in space itself. This has raised important issues both as to the significance of fundamental human rights for space activities, as well as corporate accountability for conduct in outer space that may impact upon human rights. This is particularly so given the increasing involvement of the private sector in spa[...]

Interdependence at the International Criminal Court: Reconceptualizing our Understanding of the Court and its Failures

2026-07-10T08:22:04+00:00

The International Criminal Court is at an inflection point. The ICC remains the centerpiece of a fragile system of international justice and is needed more today than it was at the conclusion of the Rome Conference in 1998. Yet, the Court faces significant challenges and needs to step up its performance to deliver justice more effectively to communities affected by crimes under the Statute, particularly in today’s world where geopolitics are characterized more by polarization than cooperation. A[...]

THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

2026-07-07T07:45:54+00:00

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry [...]

Violations of International Humanitarian Law Regarding the Protection of Civilians in The Russia – Ukraine Conflict Zone

2026-07-08T06:57:13+00:00

The journal conducts an in-depth analysis of violations of international humanitarian law in the context of the conflict between Russia and Ukraine, with a particular focus on the protection of civilians. We conduct extensive and in-depth research to understand how international law, especially international humanitarian law, is applied and violated in the conflict. In this analysis, we identified numerous violations of humanitarian law that occurred, including attacks on civilians, the use of w[...]

Amnesty Limits in International Criminal Law

2026-07-03T05:19:07+00:00

This article examine the problems raised by amnesty in the domestic and international legal order in the context of national reconciliation. It examines the scope and limits of the amnesty law, justifying it by the exceptions made for international crimes and violations as far as international humanitarian law is concerned. Indeed, this paper deals with the domestic and international legal aspects of non-amnesty crimes that are recognized under conventional and customary international law as imp[...]

PELINDUNGAN HUKUM TERHADAP ANAK DALAM KONFLIK BERSENJATA DI SUDAN PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

2026-07-03T05:19:06+00:00

The armed conflict that erupted in Sudan in April 2023 has resulted in a significant humanitarian crisis, including numerous casualties and mass displacement. In such situations, children are often among the most vulnerable, frequently becoming direct victims of armed conflict through killings, sexual violence, and forced recruitment by armed groups. The dynamics of the conflict, driven by political differences and the struggle over resources, have led to various violations of international huma[...]

KONTINUITAS PEREKRUTAN TENTARA ANAK DALAM KONFLIK BERSENJATA DI SURIAH

2026-07-03T05:19:05+00:00

The recruitment of children as soldiers in armed conflict constitutes a serious violation of human rights and children's rights. The conflict in Syria began with the Arab Spring protests and has since evolved into a protracted war, destroying the social and economic life of the community and leading to the systematic destruction of children by the Syrian regime and the Syrian Democratic Forces (SDF). Children are forced to participate in military service, undergo combat training, and experience [...]

“Comparative International Law Within, not Against, International Law: Lessons from the International Law Commission”

2026-07-03T05:15:33+00:00

International audience

Nicaragua Before the International Court of Justice. Impact on International Law

2026-07-03T05:15:33+00:00

International audience

The Applicable Law Saga

2026-07-03T05:15:32+00:00

International audience ; The law applicable to investment disputes is reflective of the complex nature of investment arbitration. It presents an intricate interplay between various rules of law, most notably public international law and national law norms. The particularity of foreign investments is that they are regulated by both international and national rules. This is explained by a diverse range of legal relationships that arises in an investment dispute, which necessitates the application [...]

Crimes Against Humanity: The concept of humanity in international law

2026-07-03T05:15:32+00:00

International audience ; With the development of international criminal courts and tribunals, the concept of humanity developed considerably at the end of the twentieth century and the beginning of the twenty-first century to ground crimes against humanity. The 'laws of humanity' were first introduced in international law with the Declaration of Saint Petersburg in 1868, with the purpose of renouncing the use of certain explosive projectiles in times of war. The Nuremberg case-law is the first e[...]

International or Global Law: An Unachieved Revolution?

2026-07-03T05:15:32+00:00

International audience ; This chapter is devoted to the issue of a purported triumph of international (or transnational) law that could have created, in the recent decades, a legal revolution minimising the role of domestic legal orders. This question cannot be separated from the historical perspective about what is “international law” (as a coherent and independent legal order) and at what time the first kind of international law has appeared. As a set of positive rules, international law has n[...]

Some complex configurations of the application of the lex specialis principle at the international level: the perspective of international investment law ; « Quelques configurations complexes de l’application du principe lex specialis au plan international : le point de vue du droit international des investissements »

2026-07-03T05:15:31+00:00

International audience ; This article takes a step away from the mechanical application of the lex specialis derogat generali principle to analyse more broadly the relationship between special and general international law in investment law. In this sense, it is important to distinguish between lex specialis, the term for a special norm, and the principle of lex specialis (derogat generali), a procedure for resolving conflicts of norms. Although it is not easy to detect a harmonious machinery in[...]

Article 231 of the Versailles Treaty and Reparations : The Reparation Commission as a Place for Dispute Settlement ?

2026-07-03T05:15:31+00:00

International audience

Normativni izazovi u korišćenju novih tehnologija u Republici Srbiji = Regulatory challenges in the use of new technologies in the Republic of Serbia

2026-06-23T14:29:31+00:00

Wozu internationaler Kulturgüterschutz?: Interdisziplinäre Grundlagen eines kontroversen Rechtsgebiets

2026-06-23T12:58:53+00:00

Human Rights Due Diligence: An Exercise of Extraterritorial Jurisdiction?

2026-06-23T12:58:53+00:00

Leveraging technology to enhance access to justice for children in Africa

2026-06-23T12:58:53+00:00

Human rights and the international protection of biodiversity: A promising alliance (Part II)

2026-06-23T12:58:53+00:00

Responsibility-sharing for refugees (2): Can global solutions avoid contributing to the legal production of superfluity?

2026-06-23T12:58:53+00:00

Selmayr’s Appointment: Why this Juncker Crisis is Much More Dangerous for the EU Commission than the Santer Crisis in 1999

2026-06-23T12:58:53+00:00

Refugee Protection in Poland After 2022: Between Humanitarian Response and Legal Obligation

2026-06-24T01:05:02+00:00

The Russian full-scale invasion of Ukraine in 2022 triggered a humanitarian crisis, leading to significant changes in the refugee protection system in Poland and Ukraine’s other neighbouring countries. This study investigates the emergence of alternative refugee protection mechanisms in Poland, focusing on the differential treatment of various groups seeking protection. By analysing legal frameworks, policies and the socio-political context, this study highlights the complexities and challenges [...]

Intelligence sharing in multinational operations : What obligations does international humanitarian law impose on States that share and act upon intelligence, and when may such act give rise to State responsibility

2026-06-24T00:01:40+00:00

An international law principle of non-regression from environmental protections

2026-06-23T23:01:39+00:00

A principle that prohibits States from weakening their domestic levels of environmental protection continues to emerge at varying speeds within international trade, investment and environmental law. This article explores the principle's diverse history, rationale and legal expression in each of these domains and finds that its various articulations in different international treaties suffer the same shortfalls and deficiencies. Non-regression clauses may leave the complexities and nuances of imp[...]

Guarantees of non-repetition and the future of transboundary harm:lessons flowing from the Montara oil spill

2026-06-23T23:01:39+00:00

This article is about state responsibility and its unique interaction with environmental law. While remedies in the main are reparative in nature, the ‘guarantees of non-repetition’ are qualitatively distinct, intended to prevent recurrence of a breach and, as such, this remedy brings added value to environmental law. Utilizing the Montara oil spill as a conceptual testing ground, this article argues that the future-oriented guarantees of non-repetition create an untapped opportunity for an inju[...]

International Law of Underwater Cultural Heritage:Understanding the Challenge

2026-06-23T22:28:37+00:00

This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administr[...]

Judicial Remedies for Climate Change

2026-06-23T22:27:42+00:00

The first part of this article examines remedies granted in climate change litigation against governments in domestic and supranational courts. It concludes that courts have tended to grant focused and modest remedies. Requests for overly ambitious remedies have not been successful and may have caused North American courts to hold human rights claims based on climate change to be non-justiciable. The second part of this article examines the range of available judicial remedies and their strength[...]

PAD704

2026-06-23T19:57:45+00:00

Prerequisites: Graduate standing and admission to the MPA program. International human rights and humanitarian assistance covering legal aspects and major practical and policy considerations.

Integrating Emerging and Disruptive Technologies (EDTs) in the Indian Armed Forces

2026-06-23T17:08:01+00:00

The nature of wars remains constant, while their character evolves as per the technologies of the respective times. The character of contemporary and future wars is primarily going to be an attribute of the military application of emerging and disruptive technologies (EDTs), achieved through seamless integration. The integration encompasses identifying and prioritising EDTs to enable a focused approach. Militaries ought to factor in a doctrinal rethink and an organisational revamp, condition the[...]

Reparation for victims of serious violations of international humanitarian law:New developments

2026-06-23T16:38:08+00:00

This article aims to determine what important new developments have emerged in reparation for victims of serious violations of international humanitarian law (IHL). Our hypothesis is that there have been significant new developments in this area of particular relevance to IHL and that reparation for victims of serious violations of IHL is increasingly being incorporated into this body of law as one of its key components. It is submitted that the following developments are evidence of this gradua[...]

Kelemahan International Criminal Court (ICC) dalam Menangani Kejahatan terhadap Kemanusiaan di Wilayah Palestina (Studi Kasus Konflik Gaza 2023–2024)

2026-06-23T16:19:22+00:00

This study examines the structural and political weaknesses of the International Criminal Court (ICC) in responding to alleged crimes against humanity in the Palestinian territories, with a particular focus on the Gaza conflict that began in October 2023. This issue is highly relevant because the ICC formally established its jurisdiction over the Palestinian territories through a decision of Pre-Trial Chamber I in February 2021; however, in practice, legal proceedings have progressed very slowly[...]

Militarization of Outer Space: Challenges to Global Peace and International Law

2026-06-16T08:14:00+00:00

Militarization of outer space is one of the most complex challenges to global peace, harmony, and security in the 21st century. Initially, recognized as a subject area of scientific exploration and constructive engagement, outer space has progressively become a critical zone for defense competition among major powers. The arrangement of multi-domain satellites, development of anti-satellite weapons (ASAT) and creation of autonomous defense structure by powerful nations like USA, China, Russia an[...]

Integrating the UN SDGs into WTO Law

2026-06-12T13:51:56+00:00

This is an open access book. Sustainable development is so important that humanity must do its utmost to achieve these goals for the well-being of the present and future generations. WTO members have started to reform WTO rules since the WTO’s Buenos Aires Ministerial Conference in 2017. The book describes a possible bright future for readers: WTO members can integrate the UN SDGs into WTO law (i.e., create sustainable trade rules) by establishing a sustainable development club and constitutiona[...]

How to Protect Aid Workers in Conflict Situations

2026-06-12T13:51:56+00:00

The deteriorating security situation for aid workers remains one of the vital but overlooked issues in humanitarian aid. Despite advancements in ensuring respect for International Humanitarian Law, violations of its rules remain a widespread problem. The increase in attacks against aid workers in recent years once again raises questions concerning the scope of their protection and ways to improve it. One principal reason behind this negative trend has been the shift in the nature of conflicts an[...]

Oslo Manual on Select Topics of the Law of Armed Conflict

2026-06-12T13:51:56+00:00

This new open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book[...]

Proportionality

2026-06-12T13:51:56+00:00

This book explores the principle of proportionality in the context of public health crises, using the COVID-19 pandemic as a central case study. Proportionality serves as a key legal and ethical standard to balance public health interests with individual rights, such as autonomy and privacy. The COVID-19 pandemic presented unprecedented challenges, forcing rapid policy shifts and sparking debates over the necessity, effectiveness, and fairness of measures like lockdowns, vaccine mandates, and di[...]

The Routledge Handbook of Law and Death

2026-06-12T13:51:56+00:00

The Routledge Handbook of Law and Death provides a comprehensive survey of contemporary scholarship on the intersections of law and death in the 21st century. It showcases how socio-legal scholars have contributed to the critical turn in death studies and how the sociology of death has impacted upon the discipline of law. In bringing together prominent academics and emerging experts from a diverse range of disciplines, the Handbook shows how, far from shunning questions of mortality, legal insti[...]

International Migration and the Law

2026-06-12T13:51:56+00:00

This book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. The collection explores international migration and its impact on sovereignty, international cooperation, security, and human rights. In particular, it takes into account the composite framework of international and national rules, and the role of judicial and monitoring bodies in protecting the right[...]

Chapter 1 Posthuman Feminism as a Theoretical and Methodological Approach to International Law

2026-06-12T13:51:56+00:00

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stabl[...]

Interpretation of Customary International Law

2026-06-12T13:51:56+00:00

In international law interpretation is ubiquitous. However, whereas in the case of treaty interpretation, this process has been codified in Articles 31-33 of the Vienna Convention on the Law of Treaties, the interpretation of rules of customary international law has remained largely unexplored. This monograph demonstrates not only that rules of customary international law can be interpreted but also that they have continuously been interpreted by international and domestic courts. Through an exa[...]

Arbitrary Withholding of Consent to Humanitarian Relief in Non-international Armed Conflict

2026-06-12T13:51:56+00:00

How to legally assess the situation when humanitarian actors in non-international armed conflicts are arbitrarily denied access to the affected civilian population? The book answers this question from the perspective of the five main actors involved in humanitarian relief in non-international armed conflicts: the affected State, non-State armed groups, humanitarian actors, non-belligerent States and the affected civilian population. It examines the legal regulations and consequences for each of [...]

Funding International Development Organizations

2026-06-12T13:51:56+00:00

Financing development requires access to financial resources. The AIIB Yearbook of International Law Volume 4 explores the role of international organizations in the development of local capital markets, their legal status under public international law and selected domestic jurisdictions, as well as innovations in resource mobilization and organizational structures. The volume collects insights from distinguished professionals who shed new light on the question of how international development [...]

Implementing International Watercourses Law through the WEF Nexus and SDGs

2026-06-12T13:51:57+00:00

Implementing International Watercourses Law through the WEF Nexus and SDGs: An Integrated Approach Illustrated in the Zambezi River Basin offers an innovative approach to the governance of shared watercourses and the implementation of international water law through the Law, Nexus and Goals (LNG) approach. By looking at policy frameworks such as the WEF nexus and global development agendas such as the SDGs, the monograph provides a method of integration for holistic water governance. In order to[...]

Chapter 6 Ordering Human–Other Relationships

2026-06-12T13:51:57+00:00

This chapter analyses the international humanitarian legal ordering of human and other relationships during armed conflict and disaster by looking at two examples, namely the ‘natural’ environment and human-scientific constructed AI-powered swarms of drones. Drawing on these examples, as well as post-anthropocentric and posthuman legal scholarship, the authors argue that International Humanitarian Law (IHL) has some potential in developing in a post-anthropocentric direction, specifically in reo[...]

40 Years of the United Nations Convention on the Law of the Sea

2026-06-12T13:51:57+00:00

This book discusses contemporary challenges within the law of the sea, a domain of international law extensively codified in United Nations Convention on the Law of the Sea. Given the considerable time elapsed since the convention’s adoption and nearly three decades of its implementation, the book analyses the interplay and influence of its provisions on international customary law, as well as to identify issues arising from its application. The book explores and discusses crucial aspects of the[...]

Greening International Jurisprudence

2026-06-12T13:51:57+00:00

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. Author Cathrin Zengerling analyses the institutional structure as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special fo[...]

“Hard Power” and the European Convention on Human Rights

2026-06-12T13:51:57+00:00

The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisel[...]

Remedies against Immunity?

2026-06-12T13:51:57+00:00

The open access book examines the consequences of the Italian Constitutional Court’s Judgment238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of internati[...]

International Law After the Ukraine War

2026-06-12T13:51:57+00:00

Russia's 2022 invasion of Ukraine was a defining moment for international law and its ability to maintain international peace and security. This book highlights the principles, methods and systems in place to regulate peaceful relations between states, and the implications the war in Ukraine has had on their relevance in the changing geopolitical world. Bringing together leading experts on international law, including key Ukrainian voices, the book explores the strengths and weaknesses in intern[...]

Children in Custody Disputes

2026-06-12T13:51:57+00:00

This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives.[...]

Capacity, Participation and Values in Comparative Legal Perspective

2026-06-12T13:51:56+00:00

With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices cu[...]

Children in Custody Disputes

2026-06-12T13:51:56+00:00