Cjmelvin

"In most of the dispute resolution systems studied this semester, it is too easy for an applicant to obtain provisional measures, given the risk that such measures may themselves cause irreparable damage to the rights of the respondent if the court or tribunal rules against the applicant’s claim on the merits or finds that it lacks jurisdiction over the claim or that it is inadmissible. In view of this, the Understanding on the Settlement of Disputes in the WTO, which does not offer any such ...

In the South China Sea arbitration launched by the Philippines against China, the arbitral tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) held in October 2015 that it had jurisdiction to proceed to hear the merits of at least some of the Philippines’ claims. It did not accept an argument made by China in its informal position paper of December 2014. Applying the reasoning of a like tribunal in the 2000 Southern Bluefin Tuna arbitration, Chi...

In light of the rise of hyperlinking, and the central role it plays in the dissemination of information, is the Court of Justice of the European Union about to go Too Far in it’s Pursuit of Copyright Holder Protection Online?

‘From the drafting process of the Optional Protocol to the ICESCR it has become clear that states, in particular Western states, were not willing to approve of international cooperation and assistance as a legal concept, giving rise to extraterritorial human rights obligations. This means that in the view of (Western) states the idea that the realisation of human rights has an extraterritorial normative dimension is indeterminate at the least. […] There is therefore a need for the Committee ...

Define in your own words what is meant by normal baselines being “ambulatory” and discuss (i) the effect this has on the coastal State’s ability to manage its maritime estate (i.e. the various zones measured from the baseline) both in the present and as a consequence of the predicted rise in mean sea level due to global warming; and (ii) whether it would or should be acceptable under the UN Convention on the Law of the Sea for coastal States to solve the problems caused by ambulatory basel...

‘Recognizing the “minimum essential levels “of the rights to food, health, housing and education (…) reflects a “minimalist” rights strategy, which implies that maximum gains are made by minimizing goals’. Critically discuss whether you agree that a minimalist rights strategy effectively contributes to maximising outcomes in human rights law. Justify your arguments by using relevant legal sources and relevant literature, and by demonstrating independent research skills. Such requi...

“The 1982 United Nations Convention on the Law of the Sea is silent as to whether foreign ships have a right of access to a port”. Critically discuss the above statement, commenting particularly on the significance of the customary right of ships in distress to enter any port or place of refuge.