Human Rights

Where are all the T-Shaped International Lawyers?: Thoughts on Critical Teaching from a Practitioner’s Perspective

Traditional international law (IL) teaching and research has reached an inflection point (TRILA Report, 24).  Content-wise it has long been monopolised by the usual suspects: sources of law, treaties, statehood, territory, jurisdiction and specific values such as universality and equality among states. The most conservative IL scholars will smirk at the thought of alternative ‘transnational’ or ‘Third World’ approaches to IL. To be fair to them, lawyers are fond of compartmentalising. We have those that do private law, public law, human rights, international economic law, law and development, business and human rights law, health law, dispute resolution law, to name a few. Yet as the current pandemic is showing this type of boxed thinking cannot provide the tools for meaningful teaching and research about today’s legal conundrums. We live in an uncertain world in which one issue can raise a myriad of legal problems that straddle multiple fields of law.

Comment by Dr. C. Elaiyaraya on Antarnihita Mishra & Aman Kumar's Essay - South Asian University: Towards a ‘South-Asian’ Approach to International Law

It is my humble opinion that the current syllabus does not represent either the vision of South Asian University nor the Universal human welfare oriented understanding of Jurisprudence. Kindly do not treat it as a complaint it is an opportunity exercised by a fellow academician in discharging the human cum intellectual social responsibility. Especially, for the benefit of present and future generations of student fraternity.

Teaching and Researching International Law in Vietnam: An Assessment Based on Ho Chi Minh City University of Law’s Experience

he curriculum of law schools was standardized and based on the framework curriculum introduced by the Ministry of Education. Under the framework curriculum, law subjects are divided into compulsory and elective. The compulsory subjects are targeted at the basic laws, which are an unavoidable component of the legal education in Vietnam. Under the framework curriculum, both public international law and private international law are compulsory subjects. For this reason, law schools are obliged to make these courses available to their students, and students have to take and pass the subjects as a pre-requisite for the successful completion of their legal education.

The Post-Soviet Central Asia and International Law: Practice, Research and Teaching

The Central Asian States should learn to rely on international law, more proactively and consistently, as a tool for advancing their lawful interests, and for maintaining regional and international peace and security. Kazakhstan’s recent membership in the UN Security Council (2017-2018) was an excellent occasion to promote respect for international law at the regional level. Other recent examples of such reliance include the adoption of a Convention on the Legal Status of the Caspian Sea in 2018, or an ongoing reform of criminal law and procedure in Uzbekistan.

Solución de controversias inversor-Estado en tiempos de covid-19: un acercamiento desde la teoría de la vulnerabilidad

Tension between investment protection and right to regulate has not been resolved yet and it is even more dangerous when States take measures in order to target health, social and economic effects of the covid-19 pandemic. Facing investor-State dispute resolution reform, an approach from Martha Fineman's vulnerability theory is imperative. Placing human being (vulnerable subject) as the center of the analysis, right to regulate protection should be a pre-stage for building resilience from social institutions. Therefore, States would not be at risk of compromising their budgets in international arbitration or experiencing “regulatory chill

CALL FOR PAPERS: Interdisciplinary virtual conference and e-book on Sovereign Debt Management and Renegotiation in Africa: a SADC Perspective

IDLU is pleased to invite academics, researchers, industry experts, policymakers, and officials in civil society organizations and international organizations to submit abstracts for papers to be presented at the conference and included in an e-book on sovereign debt in Africa.

A devida diligência nos instrumentos da OCDE e alguns desafios para sua implementação na América Latina

This contribution delivers an overview of OECD documents that tackle Responsible Business Conduct in general and Due Diligence in particular, sharing some of the author’s views on challenges for implementation of due diligence in Latin America.

Vacancy: Senior Program Officer, Human Rights and Public Services, and West Africa Lead

The Global Initiative for Economic, Social and Cultural Rights (Gl-ESCR) is a non- governmental organisation that believes transformative change to end endemic problems of social and economic injustice is possible through a human rights lens.

The Political Economy of Nigeria’s Digital Tax Experiment

In January 2020 when I first read Nigeria’s Finance Act 2019, one of the instinctive questions that came to me was “is Nigeria serious about taxing digital trade now”? There were a few reasons for this skepticism. First, the Act seeks to tax nonresident companies (NRCs) that have a “significant economic presence” (SEP) in Nigeria but then delegates the definition of that pivotal phrase. Second, I questioned how Nigeria can enforce/administer this unilateral tax, which is payable by companies outside its borders. Third, I imagined that Nigeria’s unilateral attempt to tax digital trade could undermine relations with a strategic economic, and political partner, the US. Nigeria has now crossed the first hurdle of defining SEP – no doubt, a meaningful step forward – yet, there remains much to process before Africa’s biggest economy can begin to milk the digital cow.