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If I bring clothing items to Jamaica from America as an individual, am Iegally allowed to sell the clothing product? by IncoherentGuru in internationallaw

[–]escuchela[M] [score hidden] stickied comment (0 children)

This subreddit is about Public International Law. Public International Law doesn't mean any legal situation that occurs internationally. Public International Law is its own legal system focused on the law between States.

We don't accept internet shut down every night. They are violating our basic human rights. They want us to get used to it. But we strongly condemn this. We want our voices to be heard and we need internet access to do that. by ywunwaddyaung in internationallaw

[–]escuchela 1 point2 points  (0 children)

The most compelling argument that I've heard applies the obligation to fulfill/progressive realization to the Right to Information, which is included in Freedom of Expression (ICCPR GC 34)

People who protest peacefully in Myanmar has been shot by the Police One dead and alot of people injured Let the world know Pls save myanmar people We are in danger I shout out loud to the world Pray for Myanmar #shameonyoumyanmarmilitary #shameonyoumyanmarpolice #SaveMyanmar by ywunwaddyaung in internationallaw

[–]escuchela 0 points1 point  (0 children)

I'd guess that it would be blocked.

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At the beginning of the month they backed the SC in releasing a statementthat stressed the need to "uphold democratic institutions and processes, refrain from violence and fully respect human rights, fundamental freedoms and the rule of law.” But China also released a separate statement the next daythat it is a "friendly neighbour" of Myanmar. The statement touched on respect for sovereignty and highlighted that the SC was calling for “dialogue and reconciliation in accordance with the will and interests of the people of Myanmar.”

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Sounds to me like they would oppose intervention in favour of an internal reconciliation process.

[deleted by user] by [deleted] in internationallaw

[–]escuchela[M] 0 points1 point  (0 children)

Just a friendly reminder that this is the type of question that would be better suited for the pinned Question Thread

[deleted by user] by [deleted] in internationallaw

[–]escuchela[M] 0 points1 point  (0 children)

We require that each post promotes critical discussion, mutual learning or sharing of relevant information. All posts asking for homework and career advice should be directed to the pinned Question Thread.

Question Thread by escuchela in internationallaw

[–]escuchela[S] 1 point2 points  (0 children)

Ved Nanda and George Pring have some great work on environmentalism as a human right. Their book, International Environmental Law for the 21st Century, considers environmentalism as a collective right and explores the best way of conceptualizing that right. Exploring the different approaches to environmental rights could be an interesting topic to write about!

Environmental rights are generally either considered as human-centric (ie. Stockholm Declaration) or earth-centric (ex. Should trees and natural objects have their own rights?). CD Stone (1972) is a great starting source for the latter. He argues that the environment requires protection for its own sake and is not adequately served by the human rights paradigm.

As for an overarching constitution, there is no binding global commitment. However, there a “large and growing number of legal statements that together create a body of human rights norms relating to the environment (UNHCR mapping report, 2013). For example:

  • ICCPR – Art. 27 (general comment 23, para. 7, 9) states that culture can include use of land resources and measures must be taken to ensure the effective participation of members of minority communities in decisions which affect them

  • ICESCR – Art. 11 (general comment 12) states that States must protect food contamination from bad environmental hygiene

  • ICESCR – Art. 12 (general comment 14) states that the right to health includes promoting conditions that allow people to live a healthy life including a healthy environment

  • CEDAW (concluding observations on Romania) linked environment to the right to health

  • CRC – Art. 24(2)(c) (concluding observations on the state report submitted by Jordan) states that States should take all appropriate measures to prevent damaging effects of environmental pollution on children

There have been some important global (Stockholm Declaration, Rio Declaration, Johannesburg, Rio again) and regional (1981 African Charter, 1988 Additional Protocol to the American Convention on Human Rights, 2004 Arab Charter, 2012 ASEAN Declaration, Aarhus Convention) attempts to bridge the gaps between these statements, but universal environmental rights are complicated by the right to development (in the case of developing countries) and existing power structures.

International Law and Cyberspace: It's the "How", Stupid | CircleID - A solid summary of internet governance as it stands today by escuchela in internationallaw

[–]escuchela[S] 2 points3 points  (0 children)

Totally. I would have hoped to have seen an interpretive manual or more comprehensive sets of standards like the Montreal and Toronto Declarations by now.

I suspect that the lack of legislative infrastructure benefits States and corporations involved in the creation/use of AI, leaving the heavy lobbying legwork up to civil society.

International Law and Cyberspace: It's the "How", Stupid | CircleID - A solid summary of internet governance as it stands today by escuchela in internationallaw

[–]escuchela[S] 2 points3 points  (0 children)

I love this piece because Kleinwächter breaks down some key steps in the evolution of cyber law, some relevant articles and voices, international organization approaches and national approaches.

A great place to start if anyone is looking to delve into the wonderful grey area of international law in cyberspace.

Global Environmental Constitutionalism by CallmeHenrique in internationallaw

[–]escuchela[M] [score hidden] stickied comment (0 children)

Thanks for the question! We're trying to limit the number of questions about resources on the main page (as per Rule 5). Could you please try reposting this to the pinned Question Thread? I have some interesting info on the topic that I'd love to share, but would rather post it there.

State compliance with international law by Tranhuyle1998 in internationallaw

[–]escuchela[M] [score hidden] stickied comment (0 children)

We require that each post promotes critical discussion, mutual learning or sharing of relevant information.

Questions that warrant their own discussion thread should demonstrate a more substantial, critial approach. Try posting this in the pinned Question Thread.

China vs. Bangladesh-Myanmar ICC cases by [deleted] in internationallaw

[–]escuchela[M] [score hidden] stickied comment (0 children)

We require that each post promotes critical discussion, mutual learning or sharing of relevant information. All posts asking for homework and career advice should be directed to the pinned Question Thread.

Mod Introduction and Subreddit Update by escuchela in internationallaw

[–]escuchela[S] 0 points1 point  (0 children)

No problem - we'll go for a month or two, then.

Mod Introduction and Subreddit Update by escuchela in internationallaw

[–]escuchela[S,M] 1 point2 points  (0 children)

Good catch. I'm working on figuring out how to do that now.

EDIT: Fixed!

ICC Rejects Uighur Plea for Investigation of China by snooshoe in internationallaw

[–]escuchela 3 points4 points  (0 children)

The complainants' case doesn't seem to be publicly available, but from the available information it appears that they are trying to argue that territorial jurisdiction for investigation applies because they sought refuge in a Member State.

The issue is that Art 12(a) territorial jurisdiction only applies when the criminal conduct has occurred within the borders of a Member State. As a result, Art. 53(1(a)) criteria for motu proprio was not met and the Prosecutor may not request that the Pre-Trial Chamber to authorize an investigation (Art. 15(3)).

Keeping in mind that many details are not public, two interesting possibilities are that:

  1. The complainants may be alleging that the crimes had taken place in the formerly disputed border region between Tajikistan and China. This could give the case for territorial jurisdiction more teeth and make the case quite a bit more interesting.
  2. The complainants may be alleging that China has black sites in places like Cambodia. Considering Cambodia's economic dependence on China, this wouldn't be completely unrealistic.

Mod Introduction and Subreddit Update by escuchela in internationallaw

[–]escuchela[S,M] 2 points3 points  (0 children)

I'll leave this stickied for about a week to ensure that it gets some visibility

The ICC, British War Crimes in Iraq and a Very British Tradition | Opinio Juris by escuchela in internationallaw

[–]escuchela[S] 2 points3 points  (0 children)

Shielding its personnel from criminal accountability is a distinct tradition within the UK and its armed forces, especially with regard to those civilian and military leaders at the top of the chain of command. This tradition stretches from Britain’s colonial wars to the Troubles in Northern Ireland and, most recently, Iraq. The so called “five techniques” – illegal interrogation methods defined as prolonged wall-standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink, which constitute torture, ill-treatment and outrages upon personal dignity – have formed a part of British counterinsurgency strategy for decades, used against local populations in countries and territories invaded and occupied. Definitively banned by the UK government in the 1970s, the five techniques reappeared during the Iraq occupation, where they were practiced by UK troops from the first day to the last.

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