International Law and Peace Negotiations

The Global Justice Academy has launched its Student Ambassadors programme for the 2015-16 academic year. Rosie Ireland and Siobhan Cuming are both students on the LLM in Human Rights. As GJA Student Ambassadors, they co-authored this report on a recent seminar by Phillip Kastner.

In this report we summarise the key points made by Professor Phillip Kastner (University of Western Australia) at a seminar on 9 October titled ‘The Role of International Law in the Context of Peace Negotiations.’

International Law and the Resolution of Internal Armed Conflicts

Today, internal armed conflicts are significantly more prevalent than inter-state conflicts. The resolution of internal armed conflicts is generally more complex than inter-state conflicts; involving a higher level of interdependence and giving rise to a multitude of issues.

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Pregnancy, Choice, and the Lessons of the Past

Mikki headshotDr Michelle Brock is an Assistant Professor of History at Washington and Lee University, specialising in British History. In this second guest post for the Global Justice Academy, Mikki tackles the current controversy in the US around abortion and the politicisation and policing of women’s bodies – drawing striking parallels with early modern Europe. 

In the United States, the last decade has witnessed a growing cacophony of calls from pro-life advocates seeking to overturn Roe v. Wade, the Supreme Court’s 1973 decision to legalise a woman’s right to an abortion. Every single current Republican candidate for president, fourteen men and one woman, has declared his or her opposition to abortion in most or all cases.

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The Fast-Eroding Glue of Union: Devolution and the Human Rights Act

Director of the Global Justice Academy and Professor of Constitutional Law at the University of Edinburgh, Christine Bell, first blogged on the difficulties that repeal of the Human Rights Act would pose for the UK’s devolved settlements in May 2015. This blog builds on those initial arguments, first appearing on The Centre on Constitutional Change Blog. It has since been picked up by the UK media.

The Conservative government’s proposed repeal of the Human Rights Act (HRA) and possible withdrawal from the European Convention on Human Rights (ECHR) and Council of Europe, would have far-reaching implications for the UK’s devolved administrations and relations with the Republic of Ireland. These run deep into the constitutional marrow of the nations involved; so deep that it is difficult to see how repeal of the Act could take place without their consent. The government’s difficulties in relation to, especially, Scotland and Northern Ireland are significant but different and worth reviewing separately.

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Human Rights Act Repeal and Devolution: Quick Points and Further Resources on Scotland and Northern Ireland

Can the UK’s Human Rights Act be repealed? What would the process need? Is it even possible? What are the legal implications?

Christine Bell, Professor of Constitutional Law at Edinburgh Law School, Assistant Principal Global Justice and Director of the Global Justice Academy, offers this review of the current debate on repealing the Human Rights Act, and points readers to other available resources.

In the past few days repeal of the Human Rights Act, and in particular its devolution implications have attracted a lot of attention.  Today, a new report is launched from a legal expert seminar in April 2015, on the legal implications of repeal of the human rights act (see below).  The report provides the full chapter and verse, but here are a few quick points on the devolution implications, with further more detailed and reasoned resources below.

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Business and Human Rights: the story so far and what next?

This is a guest post by Sean Molloy, who is a Principal’s Development Scholar at the University of Edinburgh, where he is completing his PhD at the School of Law. Sean edits the Global Justice Academy newsletter, which you can subscribe to by clicking here.

In March of this year I attended a roundtable at Chatham House on the issue of business and human rights. Comprised of state officials, civil society organisations, academics, and corporate representatives, the focus of the event was on the extent to which (or not) a consensus is beginning to form on how to operationalise and implement the UNGP. In this post I wish to convey some of the discussions of that meeting in attempting to articulate the current position, the obstacles remaining and potential solutions going forward. Firstly, a little background is required.

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Recognising the Ordinary Heroes among us: multimedia as a tool for reconciliation in Bosnia and Herzegovina

On 26-27 February 2015, the Post-Conflict Research Center from Sarajevo, Bosnia and Herzegovina, visited the University of Edinburgh to present its award-winning “Ordinary Heroes” project. “Ordinary Heroes” won first place in the 2014 UN Alliance of Civilizations and BMW Group Intercultural Innovation Award in a ceremony hosted by UN Secretary General Ban Ki-moon in Bali, Indonesia. The Global Justice Academy at the University of Edinburgh sponsored PCRC’s travel to Edinburgh.

Mina Jahić is a widowed octogenarian from Rogatica, in eastern Bosnia and Herzegovina, whose husband and two sons lost their lives in the wars that followed the violent dissolution of Yugoslavia in the early 1990s. She lives by herself in an upper floor of a prefabricated apartment block not far from the capital Sarajevo. A devout Muslim, Mina’s hope for the future of her country lies in the youth, who she believes still have the power to change the ethnocratic system that has blocked any attempts for reconciliation and reform since the end of the war in 1995. What Mina’s wartime experiences separate her from her neighbours, however, are the risks she took to save a stranger escaping his execution. Mina is an ordinary hero.

Ferid Spahić, a gas station attendant in Ilijaš, a small town to the northwest of Sarajevo, was in his mid-twenties when the first shots were fired in Bosnia by Serb paramilitary forces bent on “cleansing the land” for a “Greater Serbia” under the guise of preserving Communist Yugoslavia from dissolution. A Bosniak Muslim, too, he and his neighbours were targets of ethnonationalist destruction that quickly engulfed Bosnia’s three main ethnic groups – Serbs, Croats and Bosniaks. One day in June 1992, a Serb man from his village, whom he had seen as a trusted neighbour, rounded the local Bosniak men into buses, telling them as they were separated from their wives and children that they would be transferred to Skopje, Macedonia, and later reunited with their families.

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The Freedom of Conscience Debate and Broader Implications for the NI Peace Process

This guest post is by Sean Molloy, a Principal’s Career Development Scholar in Law at the University of Edinburgh. Sean completed his LLB Law at Queen’s University Belfast, continuing to read for an LLM in Human Rights Law and Transitional Justice at the Transitional Justice Institute. Following a period working as a research assistant for a human rights solicitor, Sean began his PhD research at Edinburgh in September 2013. He edits the monthly Global Justice Academy Newsletter, and is a founding member of the Global Justice Society.

Freedom of Conscience in Northern Ireland

Conscience 1In December 2014 DUP MLA Paul Girvan introduced a Freedom of Conscience Bill aimed at allowing businesses to refuse services to a customer if they feel it is against their religious convictions. The Bill arose following the announcement of the Northern Ireland Equality Commission that they would be issuing legal proceedings against Ashers Baking Company for their refusal to accept an order for a cake with a pro-gay marriage slogan.

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Whatever happened to freedom of conscience?

TK

Professor Toby Kelly is Head of Social Anthropology at the University of Edinburgh and Deputy Director of the Global Justice Academy.

Northern Ireland MLA, Paul Givan has proposed a Freedom of Conscience Bill. Invoking a three hundred year tradition of freedom of conscience and the Universal Declaration of Human Rights, Givan calls for greater toleration of different beliefs.  Yet, Amnesty International has said the bill was ‘not welcome and is not needed at all’. Indeed, it went so far as to say ‘what is proposed is not a conscience clause, it is a discrimination clause’. At first glance this appears a little surprising, given that Amnesty first came to public prominence as an organization that campaigned explicitly for freedom of conscience, and Prisoners of Conscience still play a significant part in Amnesty’s activities.

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Will Class Become Caste and Birth Become Destiny?

jeremywaldronportraitThe University of Edinburgh’s Annual Gifford Lecture Series has now begun. Professor Jeremy Waldron is University Professor at the New York University Law School. Professor Waldron’s work in jurisprudence and political theory is well known, as are his articles on constitutionalism, democracy, homelessness, judicial review, minority cultural rights, property, the rule of law, hate speech, human dignity, and torture. This post appeared originally on the Gifford Lecture Blog.

In a stimulating opening Gifford Lecture tonight, Professor Jeremy Waldron emphasised the urgency of not only eradicating ‘surface inequality’ in public legal relations, but in carrying out a theological and philosophical examination of what may underpin human equality in a world where ‘grotesque differences in economic lives’ create the risk of ‘leech and leak’ to undermine our commitment to a common humanity. We re-assure ourselves that the ‘surface inequality’ between rich and poor is compatible with an inviolate ‘basic human equality’ which underlies our mutual existence. But is that weakening in our society, such that the view may emerge that ‘the poor are not fully human’ and ‘only the prosperous live fully human lives’? Is there a danger now that a ‘conditional’ legal status due to the vicissitudes of life, such as that of an African-American in jail, becomes re-inforced as a ‘sortal’ status of permanent identity to delineate rights and all human potential, in like kind to the evils of slavery or apartheid in the past?

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Why We Blame the Victim, and Why We Have To Stop: a Perspective from a Historian

Mikki headshot

Dr Michelle Brock is an Assistant Professor of History at Washington and Lee University, specialising in British History. In this guest post, Mikki examines the culture of ‘victim blaming’ that has been reinvigorated in the United States over the past six months, from the perspective of an early-modernist who researches belief and the Devil.

From the decisions not to indict the officers who killed Michael Brown and Eric Garner to the disturbing Rolling Stone article on a brutal gang rape at UVA, this country has produced a harrowing month of news. The reaction of much of the American public to these stories has been as distressing as their content. Many have turned not to self-searching or activism, but to stereotype and judgement. They rush to point out that Brown and Garner had, after all, committed crimes, drawing on centuries-old racial tropes to point out their size or comment that they were acting like “thugs” with “bad attitudes.” When they hear about the epidemic of sexual assaults on college campuses across the country, they question the victim’s dress, behaviour, and alcohol consumption, wondering if not explicitly saying that she might have been “asking for it.” In short, we are a country that blames the victims.

Wolfram Burner (Flickr)

Wolfram Burner (Flickr)

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