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To assist current efforts of the academic community to develop a fuller understanding of the function of general principles of international law, this article inquires into the operation of the principle of good faith. As argued, first, good faith serves as a principle of international legal pragmatics. It helps to explain the understanding of conduct in much the same way as, say, the requirement
Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing
This research paper comprehensively explores the European Union's roles in regulating greenhouse gas emissions within the aviation sector, focusing on multi-level governance theory and including theoretical concepts of actorness and leadership. The European Green Deal and the Fit for 55 package are used as ‘point of departure’ for the analysis, representing the European Union’s ambitious clima
This article examines the interpretation of the definition of slavery/enslavement by the International Criminal Court (ICC) in the Ongwen case (2021) and its application to the facts of the case at hand. This examination is warranted because Ongwen represents the first case in which the ICC was tasked with deciding whether the crime of enslavement had been committed. This article illustrates that
That international law progressively recognises and prohibits torture and other forms of ill-treatment in their emergent forms has become widely-accepted in the anti-torture discourse. The premise that torture’s techniques and contexts change is taken to intimately inform juridical recognition, representation and response. Relevant international treaties, such as the UN Convention Against Torture
How can we reconcile Muslim minority law with state law in the European Union and its member states? This essay seeks to analyse and dismantle the concepts of ‘secular’ law and ‘religious’ minority law in the context of the European Union and within the theoretical framework of Sociology of Law. France and the UK shall serve as locations for contextualised comparison, assisting us in making sense
This chapter focuses on legal interpretation, reflecting on policy options between pluralism and harmonisation in two separate levels: (1) the desirability of establishing, or not, further harmonisation of interpretative rules, criteria and praxis in IP law; (2) whether internal harmonisation or systemic coherence between different areas of law and regulation that affect the same object or legal f
The legal landscape regulating the access to and utilisation of genetic resources has changed with the entry into force of the Nagoya Protocol in 2014 and the adoption of the related EU Regulation on user compliance in 2014. Moreover, many countries are now adopting laws that regulate access to their genetic resources and thier utilisation. This has clear implications for scientists working on gen
Many street vendors live under constant fear of eviction and harassment because the law does not recognize their businesses and they work outside the rule of law. Furthermore, in some cities street vending is a criminal offence to public order and vendors can be sent to prison. Using the empowerment theory, defended by Hernando De Soto, this article will examine to what extent formalization - unde
It is well known that many governments have resorted to a wide range of constructions to justify, underi nternational law, their unilateral exceptions to human rights in the name of countering terrorism. This paper seeks to take stock of a range of arguments, doctrines or constructionsth at states may resort to when seeking to justify their unilateral exceptions to human rights norms in the fight
In February 2002, the UNITA rebel leader Jonas Savimbi was shot dead by Angolan Government forces, thereby putting an end to almost four decades of war in Angola. Once peace had been declared, the Government of Zambia together with the Government of Angola and the UNHCR began to make arrangements for the voluntary repatriation of the large Angolan refugee population residing in Zambia. However, du
One of the most urgent challenges in African economic development is to devise a strategy for improving statistical capacity. Reliable statistics, including estimates of economic growth rates and per-capita income, are basic to the operation of governments in developing countries and vital to nongovernmental organizations and other entities that provide financial aid to them. Rich countries and in
This article aims to present and develop methodological tools and analytical insights for the empirical study of Islamic Public Administration (PA). To achieve this, it reviews some of the most common theoretical and analytical approaches in ethnography and socio-legal studies and highlights their relevance and contributions to research on Islamic PA. Specifically, it demonstrates how to (a) condu
Reducing and eradicating poverty is one of humanities pressing challenges, one that the UN Commission of Legal Empowerment of the Poor has taken on. This thesis describes the prevailing poverty of South African farm workers and dwellers and explores why the empowerment efforts that have been made have not lifted them out of poverty. The results of this study are contrasted with the results of the
This thesis explores the implementation of horizontal policies through the legal framework of public procurement, focusing on the case of youth employment policies in Sweden. Youth unemployment is a serious societal issue attracting significant media and academic attention. Apart from its original function as an instrument of purchase for public needs, public procurement is also a powerful policy
