EJIL: Talk! Blog of the European Journal of International Law

Time 2020-09-20 02:04:02

Web Name: EJIL: Talk! Blog of the European Journal of International Law

WebSite: http://www.ejiltalk.org

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Section 12 of the Overseas Operations (Service Personnel and Veterans) Bill currently making its way through the United Kingdom (UK) Parliament imposes a duty on the Secretary of State to consider derogating from the European Convention on Human Rights (ECHR) in relation to certain overseas military operations. The duty is the product of long-standing concerns over the ECHR’s impact on the operational effectiveness of the British armed forces, a problem that derogations are meant to resolve. The purpose of this post is to offer some background to Section 12 of the Bill, assess the scope of the duty to derogate and consider how it meets the limits imposed on derogations by the ECHR. Derogations as an instrument of counter-lawfare In the first decades of its existence, the ECHR did not exert much of a direct impact on the British armed forces. Cases relating to the activities and deployment of military personnel were rare. This changed during the mid-1990s. Aggrieved service personnel discovered that Thanks for your comment, Marko. I quite agree. I think that anyone that has been in same boat understands that whether you draw on comparative law, and which domestic jurisdictions you Thank you for this excellent post. Speaking as someone who used to draft these judgments and decisions, I believe your phrase "interpreters have recourse to what interpretative materials they might Dear Daniel, Thank you for your questions. With regard to your first question, a state that possesses domestic manufacturing capacity can successfully invoke Article 73 to produce patented medicines or Dear Emmanuel, Thank you for your post. However, I failed to understand how the first reason you stated is relevant for the invocation of Art 73 TRIPS, i.e. why would Legislating by Soundbite: The Overseas Operations (Service Personnel and Veterans) Bill September 18, 2020 Elizabeth Stubbins Bates The Overseas Operations (Service Personnel and Veterans) Bill 2019-2021, if passed, would provide a ‘triple lock’ to render ‘exceptional’ prosecutions for criminal offences allegedly committed by the armed forces overseas (outside the UK) more than five years ago; shorten the limitation periods for actions in tort and under the Read more The Overseas Operations (Service Personnel and Veterans) Bill and the Irish Sea: risks of reciprocal application to the legacy of the Northern Ireland conflict September 18, 2020 Daniel Holder The Overseas Operations (Service Personnel and Veterans) Bill (as introduced) does not apply to legacy cases from the Northern Ireland conflict. Yet against the backdrop of similar cries of ‘witch hunt’ its introduction in 18 March 2020 was concurrent and explicitly linked to a Written Ministerial Statement on the same day. Through this the Secretary Read more Occupational Hazards of Soldiers A Critique of Section 3 of the Overseas Operations (Service Personnel and Veterans) Bill 2019-21 September 17, 2020 Noelle Quenivet Being a soldier is not for the faint-hearted. There is no shortage of written and audio-visual accounts of the horrors of war and soldiers’ physical and psychological suffering. It becomes worse when the enemy is nowhere to be seen and yet everywhere, the environment is littered with improvised explosive devices, landmines and booby-traps, and there is no safe Read more Liechtenstein v Czech Republic before the European Court of Human Rights September 7, 2020 Isabella Risini Geir Ulfstein On 19 August 2020, Liechtenstein lodged an inter-State application against the Czech Republic. Liechtenstein alleges breaches of the rights of its citizens, inter alia, of their right to property under Article 1 Protocol 1 of the European Convention on Human Rights (ECHR, the Convention). The case made it Read more The Netherlands’ inter-State application against Russia six years after MH 17 August 14, 2020 Isabella Risini Geir Ulfstein Malaysian Airlines flight MH 17 from Amsterdam to Kuala Lumpur was shot down in July 2014 over the territory of Eastern Ukraine, killing 298 persons. On 10 July 2020, almost exactly six years later, the Dutch government lodged an inter-State application against Russia before the European Court of Read more Has ‘Control over rights doctrine’ for extra-territorial jurisdiction come of age? Karlsruhe, too, has spoken, July 21, 2020 Başak Çali The German Constitutional Court (GCC) declared, in its ruling on May 19th, that the surveillance of non-German individuals outside of Germany was unconstitutional. The Court’s judgment on the German Act on the Federal Intelligence Service (Gesetz über den Bundesnachrichtendienst, or the BND-Gesetz) has not attracted Read more The Duty to Derogate: Suspending Human Rights in a Very Limited and Specific Way? September 18, 2020 Aurel Sari Section 12 of the Overseas Operations (Service Personnel and Veterans) Bill currently making its way through the United Kingdom (UK) Parliament imposes a duty on the Secretary of State to consider derogating from the European Convention on Human Rights (ECHR) in relation Read more Legislating by Soundbite: The Overseas Operations (Service Personnel and Veterans) Bill September 18, 2020 Elizabeth Stubbins Bates The Overseas Operations (Service Personnel and Veterans) Bill 2019-2021, if passed, would provide a ‘triple lock’ to render ‘exceptional’ prosecutions for criminal offences allegedly committed by the armed forces overseas (outside the UK) more than five years ago; shorten Read more EJIL Talk! Book Discussion: Some Considerations on Intervention Against Non-state Actors in Foreign Territory May 31, 2017 Tristan Ferraro This post is part of our book discussion on Djemila Carron’s “L’acte déclencheur d’un conflit armé international“. Dr. Djemila Carron has penned a significant book devoted to international armed conflicts. The great merit of Djemila Carron is to have exclusively focused on the notion of Part II: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak March 25, 2020 Talita de Souza Dias Antonio Coco In Part I of this post, we discussed the extent to which the no-harm principle and the rights to life and health require States to prevent and stop the COVID-19 outbreak. In this second part, we will assess the extent to which the International Health Regulations, Palestine v. Israel: 1:0? Palestine, Israel and FIFA: What Are the Laws of the Game? Part II June 25, 2015 Andreas Zimmermann This is Part II of a two-part post. See Part I here. Suspension of membership A second category of FIFA membership issues related to international law relates to possible suspension of membership. Under Art. 14 FIFA Statute, it is the Thin is beautiful – or are international lawyers anorectic? June 2, 2015 Anne Peters Thin and thick and the two-pillar test Steven Ratner’s book measures international core norms against a standard of “thin justice”. That justice is thin, because it is less demanding than the standard we would use to judge domestic law and domestic institutions, “it is a justice that reflects UN Working Group on Arbitrary Detention Adopts Principles and Guidelines on Habeas Corpus May 5, 2015 Marko Milanovic A couple of days ago the UN Working Group on Arbitrary Detention adopted an important document, the "Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court," and submitted the The ICC and Extrajudicial Executions in the Philippines August 30, 2016 Marko Milanovic Below are two possible exam questions for the students and cognoscenti of international criminal law with regard to the possible involvement of the International Criminal Court in the ongoing campaign of state-sanctioned extrajudicial killings in the Philippines, a manifest violation of the right to life under customary international On a weekly basis EJIL:Talk! posts a blog giving details of announcements and events that have been submitted to us. This may feature Calls for Papers, conference, workshops and other event announcements, EJIL:Talk! and EJIL related announcements, vacancies, competitions, and other relevant international law related items. In order to find out how to contribute please review details on how to contribute to the blog. In addition to blog posts, EJIL:Talk! also hosts Symposia on international law topics. These symposia might focus discussion from multiple contributors around a particular recent issue or recently published book. This has included a Symposium on the Genocide Convention, UN Global Compacts on Migration and Refugees, and Proportionality in the Conduct of Hostilities.EJIL:Talk! often co-hosts these symposia with other international law blogs or institutions. EJIL: Live! is the official podcast of the European Journal of International Law (EJIL). Launched in May 2014, EJIL: Live! podcasts are released in both video and audio formats to coincide with the publication of each quarterly issue of the Journal. Video episodes feature an in-depth discussion with one of the authors whose article appears in the issue. Audio episodes include a variety of news, reviews and interviews with the authors of articles.

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