Thema: Menschenrechte

Internationales Menschenrechtsrecht und supranationaler Rechtsschutz durch internationale Gerichte, Verträge und Überwachungsmechanismen. Im Gegensatz zu nationalen Grundrechten liegt der Fokus auf internationalen Rechtsinstrumenten, der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte und UN-Menschenrechtsmechanismen.

Rejecting Lip Service or Validating 1930s Family Values?

On 8th March 2024, the Irish people rejected two separate constitutional referendums on family and care in an overwhelming no vote. These amendments aimed to update a conservative and gendered ideal of family found in Article 41. The family and care referendums involved more abstract statements of directive constitutional values. The result of the referendums is a win for voter confusion, anger towards the government and the NoNo campaign. It is also a loss for political constitutionalism.

27. März 2024

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Colonialism and EU Law

In 1957, when the Treaty of Rome was signed and founded what later became the European Union (EU), four out of six of the original Member States were colonial powers. An important methodological question for EU law research is how this historical fact has affected the development of EU law. I argue that answering the question of how Europe’s centuries long history of colonialism has shaped EU law is not just a historical exercise but also a starting point for an examination of EU law of today.

21. März 2024

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For a Postcolonial reading of the EU

The use of the terms 'decolonial', 'postcolonial' and 'race' has become fashionable, particularly in Anglo-American legal scholarship. However few legal scholars in recent years have ventured into postcolonial approaches to European Union law. I will argue that one cannot understand the history and law of the European Union if one fails to understand and acknowledge colonialism.

21. März 2024

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Judging Nicaragua’s Public Interest Litigation in The Hague

The judicialisation of Israel’s war in Gaza has taken a significant turn, with Nicaragua boldly entering the scene and executing two distinct actions. This post contributes to understanding Nicaragua’s two moves before the ICJ by analysing three dimensions. First, the country’s rich relationship with the Court. Second, the prioritisation of political impact and visibility over adjudicative success. Finally, the normative assessments concerning Nicaragua’s moral standing and intentions.

15. März 2024

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CILFIT in Strasbourg

On 19 February 2024, the European Court of Human Rights decided not to answer the Estonian Supreme Court’s request for an advisory opinion on the basis of Protocol 16 (P16). For the first time, it dismissed a request because it did not concern a question of principle concerning the interpretation and application of ECHR rights. The decision is significant because the ECtHR provides clear contours as to what types of questions courts should (not) ask.

14. März 2024

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Conspicuously Absent

Nicaragua alleges that Germany violates the Genocide Convention and international humanitarian law by assisting Israel and also by failing to prevent violations of these bodies of law. It requests the International Court of Justice to indicate provisional measures, which would oblige Germany inter alia to stop assisting Israel. While the Court may be barred from exercising its jurisdiction over Nicaragua’s claims relating to the Genocide Convention it may be able to hear the claims regarding Germany’s duties under IHL.

13. März 2024

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Shipwreck after Shipwreck

On 26 February 2024, the European Ombudsman issued a decision OI/3/2023/MHZ on the fundamental rights obligations of Frontex with regard to search and rescue in the context of its maritime surveillance activities. While affirming Frontex’s compliance with the applicable rules and protocols, the inquiry exposed significant shortcomings in how the Agency handles maritime incidents, including the issuance of emergency signals. Given the persistent scale of recurrent shipwrecks, I argue that integrating AI systems into Frontex’s activities has the capacity to significantly improve the decision-making process in responding to boats in potential distress and the overall SAR system.

11. März 2024

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Hélène Cazes Benatar

Based in Casablanca, Hélène Cazes Benatar not only assisted a great number of refugees fleeing from Europe to North Africa, but also helped with the liberation of internees in Saharan forced labor and internment camps run by the Vichy regime. Her social, political and even clandestine activities were significant and extend far beyond the Jewish community until well after the Second World War.

8. März 2024

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How Europe Dodges the International Arms Control Regime

F-35 fighter jets are the world's most sophisticated weapon. This post argues that the legal basis for Dutch exports in the F-35 programme shows a worrying disregard for international law regulating arms exports. Dutch legislation does not require the government to carry out a detailed and prior assessment of the export of F-35 components. This is a clear breach of the Arms Trade Treaty (ATT). What’s more, the Netherlands is not the only European state that blatantly ignores its procedural obligations under the ATT, but countries such as Denmark and the UK have adopted a similar approach. Hence, one wonders whether dodging the ATT regime by European states in the F-35 programme is part and parcel of the negotiation package on commercial contracts with the US

7. März 2024

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