The GULS Law Review

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Blog posts : "International Law"

The Nuclear Disarmament Cases: A New Formalism for the ICJ

In this article, Helen Peden (LLM in International Law) discusses the  recent Nuclear Disarmament judgments of the International Court of Justice, which mark the first dismissal of an applicant State for the non-existence of a dispute. The Court's introduction of a stricter test for jurisdiction may indicate a move to formalism for the ICJ.
 

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Chilcot and the Law: An Analysis of the Report and its Application in International Law.

In this article, Cameron Kane (3rd Year LLB ),  discusses the Chilcot Inquiry's position in international law, and the procedural requirements of an international legal case against the parties involved.

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A New Hope for Climate Change Litigation: Holding Corporations to Account for their Greenhouse Gas Emissions

In this article, Bethen Gilroy (3rd Year LLB ),  explores the difficulties faced when seeking to hold large corporations to account for their role in climate change. Particular attention is paid to the recent case of Lliuya v RWE, where a peruvian farmer sought to challenge the effects of RWE's greenhouse gas emissions in Peru. The case signifies a considerable advancement in climate change litigation.

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A study of the Mens Rea of command responsibility

Military commanders are regarded to have responsibility for their soldiers and thus assume accountability for their actions - they can therefore be punished for crimes committed by soldiers. The question raised is whether a superior can be held responsible for the actions of a soldier which he had no actual knowledge of.

In this article, Joshua Harvey seeks to answer the question: what is the mens rea of command responsibility.

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Advantages and disadvantages of the declaratory and the constitutive ‘theories’ of recognition from the point of view of an aspirant statal entity

This article by Florian Bergamin considers the comparative advantages and disadvantages of the declaratory and constitutive 'theories' of recognition from the point of view of an aspirant statal entry in international law.

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State of Denial: Comments on the struggle for recognition in International Law

This article by Connor McBain considers the manner in which international lawyers discuss competing legal positions in disputes concerning sovereignty and statehood. It utilises legal realism and critical legal studies to highlight several contradictions that undermine existing means of discussing statehood. This is done to demonstrate two things: first, aspirant statal entries are excluded from access to legal remedies; and second, aspirant statal entries cannot defend their own claims to statehood through recourse to law.

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Human Trafficking: A crime against humanity under the ICC?

Firouzeh Mitchell, a 4th Year LLB student, examines whether human trafficking is a crime under the ICC.

 

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So Long and Thanks For All The Fish? The Evolving Space Security Regime

Euan O'Neill, 4th Year LLB, discusses the implementation of, and compliance with, new initiatives in the evolving space security regime.

Whilst ancient astrologers used the position of the stars to tell the future and European explorers used the heavens to cross oceans and find ‘unknown’ terr…

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The Role of Nationality in Football

Caitlin Fitzgerald, 4th year LL.B, discusses the disjunction between the conception of nationality in the sports world and that of general legal nationality.

International sports law is a sui generis set of principles which crosses both public and private spheres. This is highlighted through…

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Drone Strikes and Targeted Killing Policies: Are They Ever Lawful

Heather Clark, 4th Year LLB and sub-editor of the Human Rights portion of the Review, discusses the use of drone strikes and targeted killing policies in modern warfare.

The U.S. and Israeli governments have, in recent years, adopted targeted killing policies in which armed drones are fired a…

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Has Atlas Shrugged? The Burden of International Law on the International Criminal Court

 This article discusses how the International Criminal Court has been undermined by the inherent politics of international law, and how the deep structure of international law has served to prevent the Court from achieving significant success in its first decade of existence

Written by Connor Mc…

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11 blog posts