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Objectives: Disability awareness training is mandated by the United Nations Convention on People with Disabilities (UNCRPD), but there is a paucity of evidence regarding the systematic evaluation of the effectiveness of such training. This study describes the evaluation of a pilot intellectual disability awareness programme for law enforcement officers (LEOs) in Ireland. Methods: Pre-and post-training Likert scales and a semi-structured survey were used to evaluate the effectiveness of an intellectual disabilities awareness programme delivered to LEOs. Quantitative differences in Likert scores and thematic analyses of practice-based responses were used in evaluation. Results: Twenty-two LEOs participated in the training and 11 completed the evaluation cycle. Statistically significant improvements were found in participants’ self-rated knowledge of intellectual disability, their understanding of the challenges faced by people with intellectual disabilities in law enforcement interactions, their communication skills and their knowledge of how to approach a person with a disability in crisis. Thematic analysis excavated potential practical application of learning around pre-arrest considerations, recognition of disability, communication skills and need for procedural safeguards. Conclusions: An approach grounded in the views of people with intellectual disabilities and with emphasis on recognition of disability, communication, accessibility of information and providing appropriate support in custody, appears to promote improvement in self-reported knowledge and prospective application in LEOs. The findings of this study are potentially applicable to countries that have ratified the UNCRPD.

[...]Section 4 draws some conclusions and recommendations. When the Dutch Government imposed measures to prevent the spread of the coronavirus, including a ban on foreign travel and the requirement to work from home except for staff in vital professions, the Court initially decided to suspend all hearings and meetings of the Court until 16 April 2020.9 Hearings in Arbitral Award of 3 October 1899 (Guyana v. Venezuela), which were scheduled for March 2020, were postponed until further notice.10 The suspension period was then extended until 31 May 2020.11 Likewise, the hearing on preliminary objections in Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates) was postponed by a few months in consultation with the parties.12 Other postponements were requested by the parties by invoking delays and challenges associated with the pandemic. In Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), The Gambia requested and obtained a three-month extension for the filing of the initial pleadings.14 In Guatemala’s Territorial, Insular and Maritime Claim (Guatemala/Belize), the Court granted Guatemala an additional six months (instead of the requested 12 months) to file its Memorial, and gave Belize a one-year extension.15 Finally, in Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation) the Court initially granted a four-month extension to the Russian Federation for the filing of its Memorial.16 Following a second request for an extension submitted by the Russian Federation, the Court granted an additional three months.17 In the face of a third request for an extension, the Russian Federation was permitted to further extend the time limit for filing its Memorial by one month.18 Meanwhile, the Court adapted its working methods to the new reality. To ensure business continuity, the Court provided judges and staff with the necessary hardware and software to work remotely.19 According to a press release issued by the Court, ‘[t]hrough the use of modern technologies, the Court has made the necessary arrangements to hold virtual meetings and adapted its working methods to the need to work remotely during the COVID-19 pandemic’.20 On 23 April 2020, the Court held the first remote plenary meeting in its history.21 New arrangements were made for the electronic filing of certain documents (such as reports on the implementation of provisional measures and judges’ folders for oral pleadings), but written pleadings and the signed original reports on provisional measures were still filed in hard copy.22 On 25 June 2020, the Court amended Articles 59 and 94 of the Rules of Court to permit the holding of hearings and the reading of judgments, respectively, ‘by video link’ in whole or in part, if health, security or other compelling reasons so demand.23 Article 59(2) of the Rules further provides that the parties shall be consulted on the organization of the hearing.

This article explains the extent to which Indonesia has international obligations to comply with thenon-refoulementprinciple in the absence of ratification of the 1951 Refugee Convention. While Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees provides the general impression that Indonesia respects thenon-refoulementprinciple, there is no specific text within Indonesian law and policy that regulates the matter. This article argues that Indonesia is legally bound bynon-refoulementobligations under international human rights treaties to which it is a party, as well as under customary international law. It examines the extent of Indonesia’snon-refoulementobligations under the Convention Against Torture, the International Convention on Civil and Political Rights, the Convention on the Rights of the Child, and customary international law. It concludes that the Presidential Regulation was a missed opportunity for Indonesia to reinforce itsnon-refoulementobligations, as illustrated by the recent treatment of Rohingya asylum seekers near Aceh.

During the 20th century, society’s view on sexualities has undergone a severe paradigm shift. While moving away from ideas of decency and bawdiness to evaluate legitimate sexuality, concepts of autonomy and consent gained importance. This transformation is also challenging the law.1 With the broad acceptance of various forms of sexual behavior and sexual orientation, legal regulation based on morality and ethics is outdated. Recent debates on law and sexualities focus on sexual autonomy and its conditions. This is shown especially by the legal debate on sexual violence and criminal law.2 But the right to sexual autonomy does not only require adequate protection against sexual violence. As a human right, it obliges State Parties to Human Rights Treaties such as the European Convention on Human Rights and the Convention on the Elimination of Discrimination against Women to respect, protect, and fulfill sexual autonomy. This includes the guarantee of freedom from sexual violence, coercion and discrimination, as well as control over one’s own body and over the involvement in sexual interactions with others. In order to ensure the different components of sexual autonomy, sexual education and reliable access to information and medical services are necessary. This paper presents an approach concerning the multifaceted dimensions of sexual autonomy through a human rights lens.

Access to and from the sea for landlocked states has been a long-standing issue in the law of the sea. Such issue is also addressed by the Convention on the Legal Status of the Caspian Sea (or Aktau Convention), which foresees a right of free access to other seas for landlocked State Parties—Azerbaijan, Kazakhstan, and Turkmenistan—through the Russian Federation. At the same time, it upholds the transit state's sovereignty and right to protect its legitimate interests. Consequently, it is important to assess the limits of the transit state's discretion pursuant to the Aktau Convention. In this regard, that instrument has important linkages with UNCLOS and with general international law. These linkages introduce in the Aktau Convention various norms—such as due regard and reasonableness—that play an important role in its interpretation.

The state of Maryland identified its first case of COVID-19 on March 5, 2020. The Baltimore Convention Center (BCCFH) quickly became a selected location to set up a 250-bed inpatient Field Hospital and Alternate Care Site. In contrast to other field hospitals throughout the United States, the BCCFH remained open throughout the pandemic and took on additional COVID-19 missions, including community SARS-CoV-2 diagnostic testing, monoclonal antibody infusions for COVID-19 outpatients, and community COVID-19 vaccinations. At the time of publication, the BCCFH had cared for 1,478 COVID-19 inpatients, performed 108,155 COVID-19 tests, infused 2,166 COVID-19 patients, and administered 115,169 doses of COVID-19 vaccine.To prevent the spread of pathogens during operations, infection prevention and control guidelines were essential to ensure the safety of staff and patients. Through multi-agency collaboration, utilization of infection prevention best practices, and answering what we describe as "PPE-ESP", an operational framework was established to reduce infection risks for those providing or receiving care at the BCCFH during the COVID-19 pandemic.

The questions of what makes a people a people and how they are endowed with political power are central to political founding. Through the Universal Negro Improvement Association’s first annual convention, this essay reconstructs the central role of aesthetic practices to the constitution of a new people. The convention’s spectacular performances were a vehicle through which participants came to understand themselves as constituting the Universal Negro—a transnational and empowered political subject. Founding was tied to the development of “reverential self-regard,” which was a process rather than a singular moment. Central to this process was both the gaze of spectators whose affective responses confirmed the power of the people and the political leader who served as the people’s mirror. Focusing on a mass movement rather than canonical instances of constituting republics brings into sharp relief the reiterative labors of staging, enacting, and viewing necessary to the practice of founding.

Electoral disinformation has become one of the most challenging problems for democratic states. All of them are facing the phenomenon of - both online and offline - dissemination of false information during pre-electoral period, which is harmful for individual and collective rights. As a consequence, some European countries adopted special measures, including summary judicial proceedings in order to declare that information or materials used in electioneering are false and to prohibit its further dissemination. There are already three rulings of the ECtHR concerning this expeditious judicial examination provided in the Polish law. In December 2018 France passed complex regulation against manipulation of information that include similar mechanisms. This article, basing on the ECtHR’s case law and some national experiences, attempts to define the minimal European standard for measures targeted at electoral disinformation, especially judicial summary proceeding. It contains the analysis of the notion of electoral disinformation, defines the state’s positive obligations in this sphere, and indicates mayor challenges for the legal framework. The principal argument is that summary judicial proceedings – if adequately designed – cannot be questioned from the Convention standpoint and provide a partial solution to the problem of electoral disinformation.

The European Court of Human Rights (the Court) has been invoking the vulnerability criterion to overcome the drawbacks of cases concerning Article 14 of the European Convention on Human Rights, the prohibition of discrimination. This new criterion, allowing the Court to favour the applicants, highlights the applicants’ group affiliation. However, whether this criterion is effective in protecting vulnerable applicants against discrimination is doubtful. To examine this, I divide the Court's approach to Article 14 before and after the application of the vulnerability criterion. I argue that vulnerability criterion was used to fix the drawbacks of Article 14, but eventually backfired. The concept of vulnerability has been ambiguous, inconsistently used by the Court, and paternalistic. I suggest the Court focus on individual autonomy rather than grouping the applicants to improve their legal reasoning of Article 14.

The establishment of a compulsory dispute settlement mechanism in the United Nations Convention on the Law of the Sea (UNCLOS) is intended to be the guarantor of the proper application of the convention. Yet the decisions of courts and tribunals seized pursuant to the procedures under Section 2 of Part XV of UNCLOS are in many regards difficult to reconcile and in some regards unable to form the basis for a jurisprudence constante. This article examines on an empirical basis the scope and limits of the compulsory dispute settlement mechanism under UNCLOS, as applied by international courts and tribunals during a period of twenty years since the first decision in the Southern Bluefin Tuna case until the recent decision on preliminary objections in the Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean.

On 10 September 2019, the Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention) turned 50, while on 23 October 2019 the African Union (AU) Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) turned 10. It is against this backdrop that the designation by the AU Assembly of Heads of State and Government of 2019 as the Year of Refugees, Returnees and Internally Displaced Persons (IDPs) in Africa, is significant.

Legal transplants are broadly recognized as one of the main mechanisms by which donor states influence the legal development of recipient states. The experience of China, however, challenges convention. While, in recent years, China has been one of the largest capital-exporting countries in the world and has mobilized law to protect its investment in high-risk recipient states, legal transplants have, to date, not played a major role in China’s approach to law and development. This article examines this puzzle through the case of China’s participation in formulating Vietnam’s 2018 SEZ Bill. In doing so, this article sets forth a number of hypotheses as to why Chinese law has thus far not assumed the form of legal transplant. The example of the SEZ Bill demonstrates how Chinese legal transplants depend as much on the “pull” of recipient states as they do on the “push” of the donor. The case-study of the SEZ Bill raises important questions not only for Chinese law and development, but also, more generally, for the viability of “second-order” legal transplants: those from an Asian donor to an Asian recipient.

On January 21, 2021, the European Court of Human Rights (ECtHR or Court) issued its judgment in the interstate case of Georgia v. Russia (II). Georgia complained that Russia committed systemic human rights violations in the course of the 2008 war in South Ossetia and Abkhazia. Both of these regions are de jure parts of Georgia, but they have not been effectively governed by central Georgian authorities since the collapse of the Soviet Union in 1991. During the night of August 7–8, 2008, Georgian artillery attacked Tskhinvali (the administrative capital of South Ossetia). Russian forces entered South Ossetia and Abkhazia the next day. Russian and Georgian troops engaged in hostilities for five days, before agreeing a ceasefire on August 12, 2008. Since then, a significant military contingent of Russian troops has remained in South Ossetia and Abkhazia. The Georgian authorities complained of systemic violations of European Convention on Human Rights (ECHR) Articles 2 (right to life), 3 (prohibition of torture), 5 (right to liberty), and 8 (right to privacy), ECHR Protocol 1 Articles 1 (right to private property) and 2 (right to education), and ECHR Protocol 4 Article 2 (Freedom of movement).

The United States Centers for Disease Control and Prevention and the World Health Organization broadly categorize mass gathering events as high risk for amplification of coronavirus disease 2019 (COVID-19) spread in a community due to the nature of respiratory diseases and the transmission dynamics. However, various measures and modifications can be put in place to limit or reduce the risk of further spread of COVID-19 for the mass gathering. During this pandemic, the Johns Hopkins University Center for Health Security produced a risk assessment and mitigation tool for decision-makers to assess SARS-CoV-2 transmission risks that may arise as organizations and businesses hold mass gatherings or increase business operations: The JHU Operational Toolkit for Businesses Considering Reopening or Expanding Operations in COVID-19 (Toolkit). This article describes the deployment of a data-informed, risk-reduction strategy that protects local communities, preserves local health-care capacity, and supports democratic processes through the safe execution of the Republican National Convention in Charlotte, North Carolina. The successful use of the Toolkit and the lessons learned from this experience are applicable in a wide range of public health settings, including school reopening, expansion of public services, and even resumption of health-care delivery.

Over the last several decades, states have demonstrated significant political commitment towards advancing protection and assistance for internally displaced persons. A notable form in which this commitment has been reflected is in the emergence of normative standards, with the UN Guiding Principles on Internal Displacement (UNGP) as the guiding text. The fact that the UNGP framework has found expression in the landscape on internal displacement is evidenced at various levels of governance. Within the African context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) draws on pertinent normative frameworks, with the UNGP as the leading framework. While this point is often made in general terms, this article focuses on the extent to which the norm on internal displacement has diffused and expanded within the African context.

This article traces the contributions of African states to the development of international refugee law and explores the role African human rights supervisory bodies have played in the interpretation and application of this field of law. While Africa's contributions to international refugee law are often overlooked, this article sets out to identify Africa's involvement in the drafting process of the UN Refugee Convention and its 1967 Protocol. It also explores the legal framework for refugees in Africa, in particular the OAU Refugee Convention and the Bangkok Principles on Status and Treatment of Refugees, and the extent to which these two instruments have enriched international refugee law. The article argues that some of their provisions may provide evidence of customary rules of international law. Lastly, it examines some of the authoritative pronouncements made by African human rights supervisory bodies, in so far as they adopt a progressive approach to interpreting the rights of refugees and asylum-seekers.

Arguably the least discussed root cause of internal displacement, harmful practices are a prevalent concern in many African societies. The explicit mention of harmful practices is one of the many innovations of the Kampala Convention and reinforce its forward-looking, context-specific focus on Africa. This article argues that the convention has an absolute prohibition of harmful practices. This is an important starting point from which to discuss the content of states’ obligation to set measures for preventing harmful practices. However, in the event that displacement occurs due to these practices, it is important that protection, humanitarian assistance and durable solutions are provided. This article argues that states must set measures for ensuring that non-state actors are held accountable in the event that they orchestrate harmful practices. In fostering compliance, this article argues that there is an important role for institutions beyond the state, particularly those emphasized under article 14 of the convention.

The protection of refugees languishing in camps in Africa has posed a challenge for the international community for far too long. The OAU Refugee Convention does not reflect refugee rights or provide a durable solution for refugees in host states. Over the last 50 years there have been multiple attempts to resolve what remains one of the greatest challenges facing Africa. Each resolution has clarified the steps required to enhance the situation for those most affected and to provide solutions for refugee-hosting countries in need of strategic policies and funding. This article considers recent developments in refugee law since the adoption of the New York Declaration. It specifically evaluates the benefit of the Global Compact on Refugees (GCR) for African states and the refugees they host. Furthermore, because the OAU convention is the first refugee convention to make international solidarity (ie burden-sharing) a state obligation, the article assesses how the GCR builds on the convention.

AbstarctWe formalize in Constructive Type Theory the Lambda Calculus in its classical first-order syntax, employing only one sort of names for both bound and free variables, and with α-conversion based upon name swapping. As a fundamental part of the formalization, we introduce principles of induction and recursion on terms which provide a framework for reproducing the use of the Barendregt Variable Convention as in pen-and-paper proofs within the rigorous formal setting of a proof assistant. The principles in question are all formally derivable from the simple principle of structural induction/recursion on concrete terms. We work out applications to some fundamental meta-theoretical results, such as the Church–Rosser Theorem and Weak Normalization for the Simply Typed Lambda Calculus. The whole development has been machine checked using the system Agda.

We can all agree that institutions matter, though as to which institutions matter most, and how much any of them matter, the matter is, paraphrasing Douglass North's words at the Nobel podium, unresolved after seven decades of immense effort. We suggest that the obstacle to progress is the paradigm of the New Institutional Economics itself. In this paper, we propose a new theory that is: grounded in institutions as coevolving sources of economic growth rather than as rules constraining growth; and deployed in dynamical systems theory rather than game theory. We show that with our approach some long-standing problems are resolved, in particular, the paradoxical and perplexingly pervasive influence of informal constraints on the long-run character of economies.

The future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

International practice, including international instruments and case law, confirms that states generally accept that they have a duty to provide prior notification of planned measures that may have a significant adverse effect upon co-riparians. The principle of “prior notification” is framed differently in various instruments, and it can broadly include the duty to “notify” and “consult” on planned measures. Prior notification helps to prevent and mitigate disputes, as underlined by the ICJ. Notification and consultation create the conditions for cooperation among riparian states and for ensuring the protection of international watercourses. On the contrary, the lack of notification and consultation may aggravate disputes as in the case of the Great Renaissance Dam along the Nile River. The UN Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) provides a detailed procedural framework on prior notification and consultation. This essay outlines the established characteristics of the prior notification and consultation duty, then argues that the duty should be viewed not only as an inter-state obligation but also as including the obligation to inform and consult local communities.

There are three types of weapons of mass destruction (WMDs)—nuclear, chemical, and biological. Of the three WMDs, biological weapons are arguably the most dangerous as they are the most indiscriminate, the least controllable, and the least expensive to create. The seminal treaty for establishing legal constraints on this vital issue is the 1972 Biological Weapons Convention (BWC).2 Article I of the BWC specifically outlaws State acquisition of “microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes . . .”3The Vienna Convention on the Law of Treaties4 (VCLT) provides the general rule for how to interpret treaty language: “a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.”5 Problematically, by reading the BWC in light of this general rule, because the BWC only prohibits acquisitions that have “no justification,” the ordinary meaning of the text creates a wide loophole through which States may argue the acquisition of a potentially prohibited material has some justification, however minor, and therefore is not prohibited.The Comment first reviews the background of biological weapons and regulation of their use. In this section, the Comment also describes the VCLT requirements for treaty interpretation and the evolutive approach to interpretation. Next, the Comment conducts a global analysis of State practice in regards to biosafety and biosecurity regulatory measures. It then analyzes the BWC using the various treaty interpretation methods—including addressing how subsequent state practice has affected this interpretation, and how an evolutive approach to interpretation changes the meaning of Article I of the BWC. Lastly, in recognition of this evolution in the law, this Comment recommends how to update enforcement mechanisms to accurately reflect the new state of the law.

During the COVID-19 pandemic, access to addiction treatment has plummeted. At the same time, patients with opioid use disorder are at higher risk of COVID-19 infection and experience worse outcomes. The Baltimore Convention Center Field Hospital (BCCFH), a state-run COVID-19 disaster hospital operated by Johns Hopkins Medicine and the University of Maryland Medical System, continues to operate 14 months into the pandemic to serve as an overflow unit for the state’s hospitals. BCCFH staff observed the demand for opioid use disorder care and developed admission criteria, a pharmacy formulary, and case management procedures to meet this need. This article describes generalized lessons from the BCCFH experience treating substance use disorder during a pandemic.

This article examines the creative aspects of a range of international commercial law instruments which have in common that they seek to bypass traditional doctrine in order to increase commercial efficiency and ease of transacting. In short, the purpose of the harmonising measure is functional in that it seeks to overcome a serious obstacle to cross-border trade by providing commercially sensible solutions to typical problems regardless whether this disturbs established legal theory, which should always the servant of the law, not its master. Creativity applies not only to the formulation of an instrument but also to its interpretation. Those entrusted with preparing a commentary on the detail of such an instrument are likely to face difficult issues of interpretation which may take years to surface and may only be resolved by a willingness to risk error in order to provide the reader with clear guidance rather than sheltering behind the presentation of alternative interpretations, while at the same time resisting the temptation to ascribe to words in a convention the meaning they would have under one's own national law.At least one of the instruments examined was conceptually flawed; it is mentioned to highlight the danger of over-ambition in delineating the sphere of application of the convention concerned. Undisciplined creativity comes at a cost. Another convention, and a highly successful one, is referred to only to demonstrate the value of creative ambiguity.

Since 1990 Lithuania has been claiming that what happened there during Soviet occupation is genocide, as per the 1948 Genocide Convention, which embodies universal justice for suppressed nations and other groups. Due to Soviet actions in Lithuania throughout the periods of 1940-1941 and 1944-1990, the country lost almost one fifth of its population. The application of Lithuanian national legal regulations regarding this issue has been recently discussed in the framework of another postwar international legal instrument – the European Convention of Human Rights (1950). The goal of this article is to examine the main debates, which were revealed by the European Court of Human Rights in the cases of Vasiliauskas v. Lithuania (2015) and Drėlingas v. Lithuania (2019), regarding the killings of Lithuanian partisans, including the recognition of the significance of partisans for the Lithuanian nation, the foreseeability of genocide “in part,” as well as the punishment for complicity in killing Lithuanian partisans.

This article explores the scope and nature of diplomatic immunity ratione materiae under the Vienna Convention on Diplomatic Relations (VCDR) by comparing this immunity with state immunity and immunity ratione materiae of ordinary state officials in general international law. It is argued that diplomatic immunity ratione materiae is distinct from immunity ratione materiae of ordinary state officials because ‘functions’ of a mission member should not be treated as ‘state functions’ in general but should be understood within the framework of Article 3(1) of the VCDR, which sets out the functions of a diplomatic mission as a whole. This means that the immunity cannot be upheld for serious violation of international law. On the other hand, diplomatic immunity ratione materiae is also different from state immunity both in scope and in nature. Therefore, the immunity must be understood as a unique concept which includes both the substantive issue of non-personal-liability and the procedural issue of immunity from jurisdiction. This hybrid nature of diplomatic immunity ratione materiae is the corollary of the functional emphasis of the Vienna Convention.

The purpose of this article is to explore the normative nature of the Ecosystem Approach in international environmental law. To do so, the article examines the implementation of this approach in two Mediterranean regimes: the Barcelona Convention and the General Fisheries Commission for the Mediterranean. As these two regimes have implemented the Ecosystem Approach by taking into account the experiences of other international regimes, they are representative of broader trends in relation to this concept. The examination reveals that the Ecosystem Approach operates as an interstitial principle: a norm that fulfils the functions of a principle with regard to other rules, but is devoid of normative autonomy. This understanding of the Ecosystem Approach brings clarity to a concept that is ambiguous yet is widely disseminated in environmental governance. It may also further the progressive emergence of the Ecosystem Approach as a general principle of international environmental law.

It may transgress convention to compare Mikis Theodorakis, better known for his songs than for his operatic work, with the Italian opera composer Giuseppe Verdi. Both, however, in very different national contexts, were engaged in political activity through their music – which often faced severe censorship – and their parliamentary activity. Both drew on popular traditions and utilised strong rhythms in their earlier works, experimenting later with freer forms. The differences between them meanwhile serve to highlight important differences between two countries often viewed within the shared frame of assumed Mediterranean commonalities and of ancient cultural origins, and help us to understand the role music plays in linking lived time to recorded history.

This article proposes and discusses the text of a Framework Convention on Alcohol Control, which would serve public health and welfare interests. The history of alcohol’s omission from current drug treaties is briefly discussed. The paper spells out what should be covered in the treaty, using text adapted primarily from the Framework Convention on Tobacco Control, but for the control of trade from the 1961 narcotic drugs treaty. While the draft provides for the treaty to be negotiated under the auspices of the World Health Organization, other auspices are possible. Excluding alcohol industry interests from the negotiation of the treaty is noted as an important precondition. The articles in the draft treaty and their purposes are briefly described, and the divergences from the tobacco treaty are described and justified. The text of the draft treaty is provided as Supplementary Material. Specification of concrete provisions in a draft convention points the way towards more effective global actions and agreements on alcohol control, whatever form they take.

The distinction between disputes of sea boundary delimitation and disputes over the existence of maritime entitlements was one key element of the legal argument that the Philippines brought forward against China in the Philippines v. China Arbitration. On the one hand, the distinction between delimitation and entitlement allowed the Tribunal to establish its jurisdiction on several Philippine submissions despite the jurisdictional exclusions of China's declaration under Article 298(1)(a)(i) of the Law of the Sea Convention. On the other hand, the Tribunal's finding about the lack of China's entitlements has important consequences. China and a number of lawyers objected to the jurisdictional separability of entitlement and delimitation. The aim of this paper is to discuss the question of whether a tribunal can establish jurisdiction on the existence of maritime entitlements in a context where jurisdiction on boundary delimitation is excluded and where a determination of entitlements has consequences for boundary delimitation.

This article deals with the question of whether regional cultural competence centers foster the diversity of cultural expressions and how the objectives of the United Nations Educational, Scientific, and Cultural Organization’s (UNESCO) Convention on Cultural Diversity are implemented. By introducing the Convention on Cultural Diversity, the conditions of regional cultural policy governance, and the idea of regional cultural competence centers, a framework for evaluation is outlined. The evaluation of four regional cultural competence centers in the Swiss Central Region shows that fostering cultural diversity is complex and has many different approaches and effects. The final discussion concludes that principles such as “interculturality,” “freedom,” and “access for all” under the Convention on Cultural Diversity can promote a diversity of cultural expressions but that these criteria have to be set from outside—for example, by public funding institutions—so that regional actors implement them.

This article concerns two aspects of Stone Sweet and Ryan’s theory of legal cosmopolitanism: (1) what the Kantian cosmopolitan legal order means for an international court; and (2) what it means for the holders of the rights that flow from the cosmopolitan legal order. The article interrogates the extent to which, in order to be considered a truly cosmopolitan legal order, the European Convention on Human Rights needs at times not only to make non-citizens free of rights equal to those of citizens, but also to give them stronger rights than those enjoyed by citizens. The article concludes by turning to the meaning of the European Convention beyond its European context. The European system for the protection of human rights and fundamental freedoms may fail or succeed, yet the enthusiasm that the most successful rights-protecting body in the world has created in bystanders, and the very fact that it came into being at all, prove that real progress is possible. From a Kantian perspective, this may well be its greatest accomplishment.

Twenty-first-century North American opera houses have attempted to bring in new audiences to make up for a declining and aging population of subscribers through means both traditional and unorthodox. The San Francisco Opera's SF Lab Initiative (2015–2018) was created with such goals in mind. Alternative forms of programming, which I categorize as auxiliary programming, have gained traction as a marketing and aesthetic strategy in recent years, and ultimately signal a dramatic shift in approaches to regional opera production in the United States. While scholars have explored the creation and funding of contemporary operatic productions in the United States, little attention has been given to forms of programming beyond the operatic mainstage. Using interviews with company members and analysis of advertising and reception of the events, I examine the SFO Lab programming as a site of negotiation between operatic convention and experimentation. Based on a populist vision of operatic access, the SF Opera Lab re-contextualized rather than eliminated class and intellectual hierarchies. More broadly, this application of experimental performativity contributes to discourses about Pan-American experimentalism(s) and demonstrates the ways in which a focus on local encounters can yield broad applications for genres and/or scenes beyond opera in the United States.

InA Cosmopolitan Legal Order: Kant, Constitutional Justice and the European Convention on Human Rights, Alec Stone Sweet and Clare Ryan argue that there has been the emergence of, and increasing prospects for, a cosmopolitan legal order based on the Convention. This symposium aims to engage with, and to better explore, the theoretical implications and practical legal ramifications of their argument. In doing so, this first article acts as a general introduction to the symposium, laying out the major arguments of the book as well as arguments presented by the symposium contributors. Moving beyond the summative, this introduction also situatesA Cosmopolitan Legal Oderwithin broader debates in global constitutionalism, while defending its use of Kant’s cosmopolitan theory. Lastly, it explores some of the key implications and challenges that arise from the symposium itself, rooting these insights within the current context of anti-globalism, nationalism, populism and neo-sovereigntism, and the corresponding necessity for a more transitional and pluralistic response as offered inA Cosmopolitan Legal Order.

In some non-international armed conflicts (NIACs) a foreign state is involved in favour of an armed group. This poses a challenge to classifying these armed conflicts under IHL. This article argues that evaluating the actions of a foreign state is best carried out by application of the ‘overall control’ test as developed by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia in the Tadić case. The advantages of this approach are twofold. First, it is a more realistic benchmark for generating the required evidence than the complete dependency or effective control tests developed by the International Court of Justice. Second, using this test makes it less likely for a state to escape its responsibilities under IHL when it acts through armed groups in a prima facie NIAC on the territory of another state. To arrive at this conclusion, the article first critically discusses the different control tests. It then advances that Article 4 of Geneva Convention III 1949 and Article 29 of Geneva Convention IV 1949 themselves contain a threshold of control that can be used to identify foreign state participation in a prima facie NIAC.

On June 1, 2020, the U.S. Supreme Court decided GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC. The decision is significant for its holding that nothing in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention or the New York Convention) or the Federal Arbitration Act (the FAA) prohibits courts from deciding that non-signatories may be bound by or enforce international arbitration agreements based on contract, agency, equity, or related principles.

In all legal systems, possession and property are inextricably linked. Game theory captures this relationship in the Hawk–Dove game: players competing for an asset are better off when the possessor plays Hawk and the intruder plays Dove (the bourgeois strategy) so that property can emerge as a spontaneous convention. This theory has been supported by large experimental evidence with animals. This paper presents a lab experiment where possession is manipulated to study the emergence of the property convention with human subjects. We show that the highest coordination emerges when possession is achieved meritoriously and that possession induces only bourgeois coordination (never antibourgeois).

The judgment in State of the Netherlands v. Urgenda Foundation marks one of the first successful challenges to climate change policy based on a human rights treaty. In this case, the Dutch Supreme Court upheld the lower court's opinion that the Netherlands has a positive obligation under the European Convention on Human Rights (ECHR) to take reasonable and suitable measures for the prevention of climate change. Although the Supreme Court recognized that climate change is a consequence of collective human activities that cannot be solved by one state on its own, it held that the Netherlands is individually responsible for failing to do its part to counter the danger of climate change, which, as the Court affirmed, inhibits enjoyment of ECHR rights. In reaching that conclusion, the Supreme Court determined the exact level of greenhouse gas (GHG) emissions reduction that the Netherlands is required to meet to comply with its ECHR obligation, specifically, a 25 percent reduction compared to its 1990 level by the end of 2020.

The Supreme Court of the United States has decided four cases under the 1980 Hague Convention on the Civil Aspects of the International Child Abduction (hereinafter the Hague Convention), the most recent one coming this term in Monasky v. Taglieri. The Hague Convention, adopted in 101 countries, requires the judicial or administrative authority of a country that is party to the Convention to return a child who has been wrongfully removed or retained to the country of the child's habitual residence.The Convention also provides for a limited number of defenses to return. The obligation of return is a “provisional” remedy, in that the merits of any custody dispute will be determined by a court in the country of habitual residence. One of the most critical aspects of the Convention is this concept of “habitual residence,” which was the issue presented to the Court in Monasky.

The UN Convention on the Rights of Persons with Disabilities is the first international human rights convention to state expressly that discrimination includes the failure to provide reasonable accommodation. The duty has been described as transformative but has also been critiqued for its lack of structural impact. This paper evaluates the transformative potential of the reasonable accommodation duty encompassed by the Convention, and considers how its potential can be realised. It argues that the duty is transformative because of the substantive equality it provides for individuals, and because it requires both active engagement with persons with disabilities and proactive consideration of barriers to inclusion, in multiple contexts. However, it contends that full realisation of the duty's transformative potential depends on appropriate legislative formulation. This may be a problem in dualist states where application of the Convention is not automatic and pre-existing legislation may be perceived as satisfying the obligation. The paper supports this contention with an analysis of Irish law, arguing that the full transformative potential of the reasonable accommodation duty has not yet been achieved in Ireland, and identifying the reasons for this. The paper examines the practical consequences of inadequate implementation and highlights pitfalls and best practice.

Since the adoption of the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) in 2003, public health professionals have debated similar conventions covering other health risks, including potentially a Framework Convention on Alcohol Control. Much of this debate has focused on the merits of binding versus non-binding instruments in terms of commitments at the international level. In this paper, I draw on lessons from the WHO FCTC to discuss instead what the difference between binding and non-binding international legal instruments might mean for domestic legal frameworks for implementing regulatory measures for alcohol control. The paper looks at possible impacts on the authority of various national authorities to implement new measures, the ability of civil society to bring cases compelling more comprehensive regulatory measures and the defence of litigation brought by commercial-sector actors to prevent, delay or weaken the implementation of laws and regulations. It reflects on what lessons these might have for alcohol control governance.

Alcohol is the sole major psychoactive substance with a huge negative public health and social impact without some form of international control grounded in a binding treaty. While existing rules of international law, in particular in the economic field, favour liberalisation and may hinder strong national alcohol control measures, we may be witnessing a turning of the tide due to the growing mobilisation against non-communicable diseases. The Framework Convention on Tobacco Control has been a ground-breaking development in this sense, and has led policymakers and advocates in a number of countries to raise the possibility of a similar convention on alcohol control. The present contribution compares tobacco and alcohol from this perspective and considers the feasibility of a dedicated international convention. It concludes that the political prospects of a movement in this direction are very dim at the present time; however, policy developments on other health problems and theoretical models emerging from constructivist international relations scholarship may open up promising perspectives for considering normative and institutional approaches that could strengthen the existing legal framework and facilitate political processes towards stronger forms of legalisation of global alcohol control.

Over the last two decades, witchcraft violence has emerged steadily as a “push factor” for African asylum seekers who argue that being accused of witchcraft or targeted with witchcraft renders them members of a “particular social group” (PSG), subject to persecution and eligible for refugee protection under the 1951 UN Refugee Convention. This article examines the refugee status determination (RSD) processes through which immigration regimes in Canada and Australia have adjudicated allegations about witchcraft violence made by asylum seekers from across Anglophone Africa. It critiques the utility of expanding PSG along cultural lines without a commensurate expansion in adjudicators’ knowledge.

The paper discusses the (unsteady) evolution of multilateral processes on migration since the 1980s, with a focus on immigration detention as a growing response to migratory movements. It identifies distinct periods leading up to the Global Compact for Migration (GCM). The paper exposes double standards in the treatment of migration at the UN and beyond, connected with states’ view of migration as a toxic topic. While the GCM put the issue of migration back on the global agenda, the paper argues against the claim that the GCM is the first-ever inter-governmentally negotiated agreement covering all dimensions of international migration. This description better fits the 1990 Migrant Workers Convention. Furthermore, the paper illustrates how the GCM poses a threat to human rights protection in the area of migration: given its focus on co-operation and a state-led non-binding approach, it may overshadow existing international norms and widely endorsed standards monitored by UN bodies.

This paper undertakes a sceptical analysis of the significance for the protection of migrants’ rights represented by the Sustainable Development Goals (SDGs) 2030 and the UN Global Compact for Migration (GCM). Despite the positive view taken by many of these frameworks, I argue that, taken together, the SDGs and the GCM represent an acknowledgement of the failure of the international system of human rights protection to deal effectively with the protection of migrants’ rights. With particular reference to the UN Migrant Workers Convention, I argue that adoption of the GCM underscores a decisive shift from the realm of binding international law to soft law for the purposes of dealing with migrants’ rights. While acknowledging some of the signal benefits of this new regime, I highlight some of the many signs suggesting that these twin international developments do not guarantee progress on the road to the protection of migrants’ rights.

Religious education is probably one of the most attractive topics in law and religious studies – a truly bottomless pit which, every now and then, reveals new questions and new challenges. The most recent judgment of the European Court of Human Rights (ECtHR) concerning this matter is the one delivered on 31 October 2019 in the case of Papageorgiou and others. The judgment only became final at the end of January 2020, under Article 44(2) of the European Convention of Human Rights (ECHR), so as yet it has not received much scholarly attention. However, it should be expected that there will be no lack of such attention, as the judgment deserves it for at least two reasons.

On December 20, 2019, the Supreme Court of the Netherlands published its judgment in The State of the Netherlands v. Urgenda. The judgment is largely a discussion of questions of Dutch law, but contains several conclusions that are relevant from an international law perspective. In particular, the Court held that on the basis of the European Convention on Human Rights (ECHR), the Netherlands has a positive obligation to take measures for the prevention of climate change and that it was required to reduce its greenhouse gas (GHG) emissions by at least 25 percent by the end of 2020, compared with 1990 levels.