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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "International Law"
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Traces of Constitutional Reasoning in Latin America and the Caribbean – Regional Cosmopolitanism Without Backlash?

—Johanna Fröhlich, Pontifical Catholic University of Chile Latin America is claiming a leading position in global constitutional trendsetting, as its rich constitutional traditions keep inspiring new experiments and novel constitutional theories for seeking structural change. Transformative constitutionalism, Andean neo-constitutionalism or the idea of a distinct Latin American Ius Constitutionale Commune have all trusted judges, and

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Published on July 30, 2020
Author:          Filed under: Analysis
 
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Pandemic Rulings: Between Dialogues and Shortcuts at the Inter-American Court of Human Rights

—Melina Girardi Fachin and Bruna Nowak, Universidade Federal do Paraná On May 26, 2020, the President of the Inter-American Court of Human Rights (IACtHR) issued the Court’s first decision concerning the COVID-19 pandemic. The resolution decided upon urgent measures regarding the already-decided Case of Vélez Loor v. Panama, and thus ordered Panama to take a

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Published on July 9, 2020
Author:          Filed under: Developments
 
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As Karlsruhe and Luxembourg Feud, are Jo’burg and Arusha Growing Closer?

—Tom Gerald Daly, The University of Melbourne 2020, which has been a friend to no one, has certainly not spared international courts. Most obviously, the Federal Constitutional Court of Germany’s Weiss[1] judgment of 5 May, holding a judgment of the Court of Justice of the EU ultra vires due to poor reasoning, has shaken the

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Published on July 8, 2020
Author:          Filed under: Developments
 
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Iran and the Rhetoric of International Law

—Jill Goldenziel, Marine Corps University-Command and Staff College [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more information about our four

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Published on January 9, 2020
Author:          Filed under: Developments
 
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Book Review: Phillip Paiement on “Globalisation and Governance: International Problems, European Solutions” (Robert Schütze ed.)

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Phillip Paiement reviews Globalisation and Governance: International Problems, European Solutions (Robert Schütze ed., Cambridge 2018).] –Phillip Paiement, Tilburg Law School Which institutional architectures are best suited to govern the social and economic globalizations of the 21st Century? Have the 20th Century ambitions to realize universal internationalism given way

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Published on August 7, 2019
Author:          Filed under: Reviews
 
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The Supreme Court of Chile as an Inter-American Tribunal

–Jorge Contesse, Assistant Professor of Law, Rutgers Law School The Grand Chamber of Chile’s Supreme Court recently declared that criminal convictions against indigenous leaders obtained under Chile’s terrorist statute “have ceased to have effects,” as direct result of a decision by the Inter-American Court of Human Rights.[1]  In 2014, the Inter-American Court found that the

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Published on June 1, 2019
Author:          Filed under: Developments
 
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The Politics behind the Latest Advisory Opinions of the Inter-American Court of Human Rights

—Nicolás Carrillo-Santarelli, Universidad de la Sabana, Colombia[1] The Inter-American Court of Human Rights (hereinafter, IACtHR) recently made public the text of its two latest advisory opinions, In OC-24/17 the Court was of the opinion that the change of name and identity documents ought to be consistent with the self-perceived gender identities, reason why individuals should

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Published on February 24, 2018
Author:          Filed under: Developments
 
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The Superficiality of U.S. Confirmation Hearings and the Issue of Comparative Constitutional Law

—Stefanus Hendrianto, Boston College In the last five confirmation hearings in the United States Senate for nominees to the U.S. Supreme Court (Roberts, 2005; Alito, 2006; Sotomayor, 2009; Kagan, 2010; and Gorsuch, 2017), the role of comparative constitutional law in the American constitutional system was one of the main questions. Very recently, in the confirmation

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Published on September 21, 2017
Author:          Filed under: Analysis
 
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The Greek Austerity Measures: Remedies Under International Law

— George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) In a prior post, I argued that the Greek austerity measures violated various provisions of the Greek Constitution, as well as treaty commitments and other instruments embodied in international law. In this post I consider a related question: What are the legal remedies that

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Published on January 30, 2013
Author:          Filed under: Analysis
 
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International Arbitration and the Transformation of Comparative Law

—Donald Childress III, Pepperdine University We are in the midst of a monumental shift in the way international law views the state.  While at one time, the nation-state claimed near absolute authority over prescribing, adjudicating, and enforcing law, today we see many non-state actors competing for legal competence.  The historical idea, encapsulated in the PCIJ’s

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Published on January 12, 2013
Author:          Filed under: Analysis