International Humanitarian Law Commons^™

Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik

Indonesian Journal of International Law

The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing …

Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka

Indonesian Journal of International Law

There are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi …

The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law, Li Enshen

Indonesian Journal of International Law

Guaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues …

Migrant Smuggling: Canada's Response To A Global Criminal Enterprise: With An Assessment Of The Preventing Human Smugglers From Abusing Canada's Immigration System Act (Bill C-4), Benjamin Perrin

All Faculty Publications

Migrant smuggling is a dangerous, sometimes deadly, criminal activity which cannot be rationalized, justified, or excused. From both a supply and demand side, failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel; endangers the lives and safety of smuggled migrants, undermines border security, with consequences for the Canada/U.S. border, and undermines the integrity and fairness of Canada’s mmigration system. Introduced in Parliament in June, 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration …

The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram

Human Rights & Human Welfare

The Presidential Statement issued by the UN Security Council on August 3 condemning the widespread violation of human rights by Syrian authorities was hailed by some as signaling the collapse of the pro-Syrian "defiance coalition."

This "defiance coalition," comprised of the so-called "BRICs" (Brazil, Russia, India, China, and South Africa) along with Lebanon, did indeed relent, begrudgingly, to growing international pressure for action on Syria. However, whether a statement containing little actionable content signals the crumbling of defiance rather than a diplomatic maneuver as calculations are recalibrated in light of developments is another matter.

The Arab Spring: Endgames As Framing Battle, Colm Campbell

Human Rights & Human Welfare

The narrative of the Arab Spring (including the Syrian uprising) in the mainstream media appears clear and linear: a cruel dictator is challenged in a series of street demonstrations that rapidly coalesce to become a popular uprising. The dictator resorts to increasingly brutal repression, but this fails to end the challenge. Within a relatively short time the dictator is overthrown. Elections within a reasonable period are announced, promising the creation of a democracy that is representative not only of the protest movement, but of society as a whole. Raghida Dergham's Huffington Post article largely reflects this perspective, drawing attention to …

September Roundtable: "The Syrian Spring" And Human Rights, Introduction, Raslan Ibrahim

Human Rights & Human Welfare

An annotation of:

“The UN Security Council's Pro-Syrian 'Defiance Coalition' Crumbles”. By Raghida Dergham. Huffington Post, August 2011.

White Noise, White Heat, Therese O'Donnell

Human Rights & Human Welfare

If, as former British Prime Minister Harold Wilson famously uttered, "A week is a long time in politics," then the Six weeks since Raghida Dergham's article could be a lifetime and the last six months of the "Arab Spring" an aeon.

The Moral International Sphere As A New "Civic Virtue", Claudia Heiss

Human Rights & Human Welfare

Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …

European Union Accession To The European Convention On Human Rights: An Institutional “Marriage”, Konstantinos G. Margaritis

Human Rights & Human Welfare

A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty.

© Konstantinos G. Margaritis. All rights …

Mission Impossible? International Law And The Changing Character Of War, John F. Murphy

International Law Studies

No abstract provided.

Low-Intensity Computer Network Attack And Self-Defense, Sean Watts

International Law Studies

No abstract provided.

Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson

International Law Studies

No abstract provided.

Use Of Unmanned Systems To Combat Terrorism, Raul A. "Pete" Pedrozo

International Law Studies

No abstract provided.

Warning Civilians Prior To Attack Under International Law: Theory And Practice, Pnina Sharvit Baruch, Noam Neuman

International Law Studies

No abstract provided.

Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow

International Law Studies

No abstract provided.

Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman

International Law Studies

No abstract provided.

Cyber Operations And The Jus In Bello: Key Issues, Michael N. Schmitt

International Law Studies

No abstract provided.

New Technology And The Law Of Armed Conflict, Darren M. Stewart

International Law Studies

No abstract provided.

Lawfare Today … And Tomorrow, Charles J. Dunlap, Jr.

International Law Studies

No abstract provided.

The Age Of Lawfare, Dale Stephens

International Law Studies

No abstract provided.

The Changing Character Of Public Legal Scrutiny Of Operations, Rob Mclaughlin

International Law Studies

No abstract provided.

Xvi Litigating How We Fight, Ashley S. Deeks

International Law Studies

No abstract provided.

Xvii Asymmetric Warfare: How To Respond?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Table Of Contents (Volume 87)

International Law Studies

No abstract provided.

The Changing Character Of The Participants In War: Civilianization Of Warfighting And The Concept Of "Direct Participation In Hostilities", Charles Garraway

International Law Studies

No abstract provided.

Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein

International Law Studies

No abstract provided.

Full Volume 87: International Law And The Changing Character Of War (2011)

International Law Studies

No abstract provided.

Introduction (Volume 87)

International Law Studies

No abstract provided.

Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney

International Law Studies

No abstract provided.