Two Weeks in Review, 20 July – 2 August 2020

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Black Lives Matter

 examines the recent #BlackLivesMatter debate at the UN Human Rights Council and argues against burying the issue in existing Special Procedures. Hill-Cawthorne also looks at the issue of international law’s complicity in, and the responsibility of states in relation to, the root causes of racism more generally, as well as its other manifestations, such as extreme socio-economic inequalities.

Non-Covid Related Posts

 asks, in light of the German Constitutional Court (GCC) ruling that the surveillance of non-German individuals outside of Germany was unconstitutional, whether the ‘control over rights doctrine’ for extra-territorial jurisdiction has come of age?

 looks at the recent WTO Panel Report – Saudi Arabia – Protection of IPR – to examine the ‘the second chapter on national security’, concerning the national security exception of Article 73 of TRIPS. The case is also of interest as it also elaborated on the use of Twitter as an official legal source in WTO dispute settlement procedures.

, examining the recent ICJ ICAO judgments, assesses a dilemma recently faced by that Court related to whether determinations of all other issues arising in the context of defences were within the scope of its jurisdiction and how the Court resolved this dilemma.

 

 discusses the second large-scale cryptocurrency fraud scam of 2020 and comments on recent developments and future prospects for the international governance of cryptocurrencies.

 dissects the legal framework related to the use or destruction by belligerents of the global network of over 420 submarine cables spanning 700,000 miles, concluding that the traditional law of neutrality uneasily covers submarine cables and that it is impractical to expect neutral states to attempt to prevent the use of these cables by belligerents.

 comments on the tensions that have arisen between certain EU Member-States and Norway as a result of different interpretation of the 1920 Treaty of Paris, reporting on the failure by affected EU states to ensure EU institutions act and suggesting that the affects states may take legal action using bilateral instruments entered into with Norway.

COVID related posts

 assesses the role of the UN Security Council in addressing COVID-19 and the legal nature of the measures called for in UNSC Resolution 2532. 

discusses reforming CITES to expand its scope, especially with respect to species for which public health concerns arise, and proposes an enhanced role for the Convention in order to avoid the next wildlife-related pandemic.

, and  look at the increasing burden on businesses to conduct due diligence as a result of the UNGPs and the unique human rights challenges the pandemic presents to businesses.  

 

Finally, all recent Announcements and Event notices can be found here.

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