From Ukraine to the Gaza Conflict: Male Victimisation of Sexual Violence and The ‘Man Question’ in International Law
Cambridge International Law Journal
by Arifur Rahman
1w ago
Conflict-related sexual violence in recent times, whether in the context of Ukraine or Gaza, has captured global attention and elicited fervid reactions. The international community has staunchly opposed and condemned sexual violence in recent conflicts but only concerning sexual violence against women (see e.g., here,  here, and here). This demonstrates how the discussion of sexual violence and armed conflict, often overlooks the possibility of men being sexually violated. Male victims of sexual violence tend to remain an overlooked category especially when  ..read more
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Crisis in the Red Sea: Does the International Law Protect Against UAV Attacks & Other Forms of Maritime Terrorism in the High Seas?
Cambridge International Law Journal
by Xenia Dhar
1M ago
The Red Sea is in turmoil. As a result of the conflict in Gaza, the rebel group – Houthis, in support of Hamas, has started attacking commercial vessels in the Red Sea. These attacks may have a severe adverse effect on global trade. This is because Red Sea is the only route to the Suez Canal. Consequently, the Red Sea region handles about 12% if the global sea-borne trade. Hence, to safeguard this important trade-route, the United States has recently launched Operation Prosperity Guardian. In light of the current tumultuous situation, international law can play a vital role in addressing the ..read more
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The ICJ’s Advisory Function: A Procedural Tool to Advance Human Rights?
Cambridge International Law Journal
by Danielle Flanagan
1M ago
While jurisdictional limitations may have initially restrained the International Court of Justice (ICJ) from contributing to the development of international human rights law, it appears that its advisory function has and continues to pave the way for the further mainstreaming of human rights within its work. Pending requests for advisory opinions—including the Right to Strike under ILO Convention  No. 87, Obligations of States in respect of Climate Change, and Legal Consequences arising from the Policies and Practices of Israel in the OPT, including East Jerusalem—have signalled the inc ..read more
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Judicial Decisions and Gender: A Social Neuroscience Perspective on Violence Against Women Cases
Cambridge International Law Journal
by Leidy Katherine Ortiz Mendivelso
2M ago
Introduction Within the general obligation to ensure the free and full exercise of rights recognized by the American Convention on Human Rights (ACHR) for every person under its jurisdiction, the Inter-American Court of Human Rights (IACHR) has condemned several states in the region for failing to provide effective judicial remedies (ACHR, Article 25) in accordance with due process (ACHR, Article 8.1) in cases of violence against women. Further, Article 7.b of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belem do Para Convention) spec ..read more
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The Art of Balancing Interests at Sea: Due Regard and Large-Scale Offshore Wind Power
Cambridge International Law Journal
by Gabriela Arguello
3M ago
The ocean is progressively transforming into the last frontier to pursue ambitious climate objectives, including deploying a broad spectrum of renewable energy technologies, e.g., wind, tidal, wave, solar and thermal energy. Yet the ocean is already a crowded space, and several conflicts may accompany the development of large-scale offshore electricity infrastructure. Those conflicts may be environmental (user-environment conflicts) or competition may ensue over the use of the same space (user-user conflicts).  These trade-offs are not always evident in policy instrum ..read more
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Grain Battles Before the WTO
Cambridge International Law Journal
by Editors
3M ago
On the 19th of September 2023, Ukraine declared that it would be filing a complaint at the WTO against Slovakia, Hungary and Poland after all three states continued to impose an import ban on grain and other agricultural goods originating from Ukraine, despite the EU Commission lifting the ban. Grain and other agricultural products in transit are exempted from this ban. All three states, which are also part of the Visegrad Group, support their grain ban with the argument that an outright grain ban is necessary to protect domestic grain production – prim ..read more
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Reparations and Restitution by Former Colonial Powers for Colonial-era Atrocities: Rejecting the Developmental Aid Approach 
Cambridge International Law Journal
by Avanti Deshpande
3M ago
Introduction The death of Her Majesty Queen Elizabeth II, Queen of The United Kingdom of Great Britain and Northern Ireland has sparked many conversations on decolonization, colonial legacy, accountability, criticism of the monarchy, and more. One topic that has come up frequently, but is now, perhaps, being discussed with renewed vigour is the  acknowledgement of  harm caused by colonization and reparations that former colonial powers owe to  countries they oppressed and colonised.  Recently, countries such as Germany and Belgi ..read more
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Harmonising Profit and Planet: Rethinking Environmental Counterclaims in Investor-State Arbitrations
Cambridge International Law Journal
by Kritin Bahuguna and Lishika Sahni
4M ago
Introduction With heightened global scrutiny pertaining to environmental issues and domestic policy reforms, environment-related counterclaims have been on the rise. This rise of environment-related counterclaims in international arbitration reflects a significant shift towards the need for a fairer framework in Investor-State Dispute Settlement (“ISDS”) mechanisms. Counterclaims emerge as a promising tool within the framework of international arbitration, having far-reaching consequences as compared to a defence on the merits. They constitute an independent cause of action, which implies tha ..read more
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The global minimum tax: a new development in international law
Cambridge International Law Journal
by Amedeo Rizzo
5M ago
The world of international tax is witnessing a historical moment, mainly characterised by the proposal to adopt a global minimum tax for multinational enterprises (MNEs). The OECD, in its attempt to fight international corporate tax avoidance, has proposed the adoption of a 15% tax on large multinational groups (global minimum tax). This measure has been approved, yet not adopted, by 137 countries in what the OECD called the “Inclusive Framework”. The rationale of this coordinated effort lies in the attempt to contrast the use of low-tax jurisdictions and regulatory loopholes in the corporate ..read more
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International Investment Arbitration of Renewables: Spain Tilting at Windmills
Cambridge International Law Journal
by Pedro Aranguez Diaz
8M ago
On 24 May 2023, Justice Fraser issued a comprehensive judgment in Infrastructure Services Luxembourg v Kingdom of Spain, rejecting Spain’s defences to the enforcement and recognition in the UK of an ICSID award against Spain.  The enforcement and recognition of intra-EU ICSID awards against Spain in non-EU jurisdictions have been the subject of extensive controversy. In Australia, the High Court judgment of 12 April 2023 ruled against Spain. In the United States, the courts are split, with a US District Court Order of 29 March 2023 in favour of Spain contradi ..read more
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