Category: Human Rights (page 1 of 2)

The UNGA request for an ICJ Advisory Opinion on Palestine: The role of demographic alterations in the process of de facto annexation and legal consequences under international law

February 22, 2023 / / 0 Comments

Andrea Maria Pelliconi

On 30 December 2022 – one day after the establishment of the new Israeli government – the United Nations General Assembly (UNGA) adopted Resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the International Court of Justice (ICJ), it requested the Court to give an advisory opinion (AO) clarifying the legal status and consequences of the Israeli occupation of Palestine’s territories. More specifically, the AO request asks the following questions:

“considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:

(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?

(b) How do the policies and practices of Israel referred to in paragraph 18(a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”

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‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People’s Tribunals

June 6, 2022 / / 0 Comments

Dr Aldo Zammit Borda

This article considers that, in the current state of international justice, informal People’s Tribunals (PTs) constitute indispensable, quasi-judicial institutions that bridge gaps in access to justice, challenge official narratives (or silences) about atrocities and, potentially, open up new avenues towards justice and recognition.

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Russian invasion of Ukraine – Legal Developments and Sources

March 2, 2022 / / 2 Comments

Jed Odermatt 

An overview of the latest legal developments and sources related to the Russian invasion of Ukraine.

General Information

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Ethnic minority and migrant women’ struggles in accessing healthcare during COVID-19: an intersectional analysis

January 31, 2022 / / 1 Comment

Sabrina Germain & Adrienne Yong

In their recent published article in the interdisciplinary Journal for Cultural Research, Dr Sabrina Germain & Dr Adrienne Yong (Senior Lecturers at The City Law School) shine a spotlight on an area of the recent COVID-19 pandemic that has arguably been overshadowed throughout this public health crisis – the effect the pandemic has had on access to healthcare for women at the intersection of their ethnic minority status and gender, and their migration status and gender. Focusing on two distinct groups of women – ethnic minority women, and migrant women – Germain and Yong apply the theory of intersectionality coined by Kimberlé Crenshaw to investigate barriers to accessing healthcare in the United Kingdom as they have been particularly exacerbated by the pandemic.

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Second Edition of key text on the EU Charter of Fundamental Rights launched in The City Law School

January 9, 2022 / / 0 Comments

A second and much-welcomed new edition of the ‘The EU Charter of Fundamental Rights: A Commentary’ (Hart Publishing) was launched in The City Law School building on 1 December 2021.

The book is edited by Steve Peers, Professor of EU Law at the University of Essex; Tamara Hervey, Jean Monnet Professor of EU Law at the City Law School; Jeff Kenner, Professor of EU Law at the University of Nottingham; and Angela Ward, Référendaire in the Chambers of Advocate General Niilo Jääskinen at the Court of Justice of the European Union, and Visiting Professor in the Faculty of Law at Birkbeck College, University of London.

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Shaping International Migration Law. A discussion of ‘The Interplay between the EU’s Return Acquis and International Law’ by Tamás Molnár

July 5, 2021 / / 0 Comments

Andrea Maria Pelliconi

On 16 June, 2021, the City Law School hosted a virtual launch of Dr Tamás Molnár’s new book The Interplay between the EU’s Return Acquis and International Law. The webinar, chaired by Dr Andrew Wolman, was organised by City’s International Law and Affairs Group (ILAG) and the Institute for the Study of European Laws (ISEL), and saw Professor Paul James Cardwell (University of Strathclyde) and Professor Elspeth Guild (Queen Mary University of London) as expert discussants. This post summarises the discussion and provides some reflections on Molnar’s book.

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The EU Perspective on Labour and Social Standards in the EU-UK TCA: Reality and Expectations

May 26, 2021 / / 0 Comments

Tamara Hervey

This blog post provides an early analysis of the ‘non-regression’ provisions on Labour and Social Standards in the EU-UK Trade and Cooperation Agreement (TCA). After considering the ‘non-regression’ provisions in the context of the TCA as a whole, it contrasts the provisions with measures of EU law. It then turns to elaborate the content of the provisions. Finally, some aspects of their enforcement are discussed.

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Coronavirus shows how hard it is for ethnic minority and migrant women to access healthcare

November 25, 2020 / / 0 Comments

Adrienne Yong and Sabrina Germain

We were told at the beginning of the coronavirus pandemic that the virus did not discriminate. But the truth is that COVID-19 has brought to light the structural inequalities in healthcare that have existed for decades.

In the UK, people from an ethnic minority background are more likely to die from COVID-19 than white people. And during the first wave of the pandemic, the increased in overall deaths rates from all causes was higher among migrants than among people born in the UK.

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International Shipping, the Belt and Road Initiative and Migrants at Sea

November 23, 2020 / / 0 Comments

Andrea Maria Pelliconi and Pia Rebelo

This year, the well-known book series in Maritime and Transport Law, Il Diritto Marittimo – Quaderni, devoted an entire volume to issues related to the Belt and Road Initiative and the topic of migrants at sea. These topics are reflective of shipping’s role in achieving the United Nations’ 2030 Sustainable Development Goals by addressing the factors that undermine environmental protection, economic stability, security and safe migration. Two City Law School doctoral researchers – Andrea Maria Pelliconi and Pia Rebelo – contributed to the latest edition of Il Diritto Marittimo with articles entitled, ‘Migrants at Sea and the implications of the “duty to rescue”: human rights perspectives in the light of the Italian case-law’ and ‘Vessel-Source Pollution in the Belt And Road Initiative: Green Finance as a  Regulatory Tool for Environmental Sustainability’, respectively.

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International Law, Brexit, and the ‘Migrant Crisis’: a human rights test for UK asylum strategies

November 13, 2020 / / 0 Comments

Andrea Maria Pelliconi

In 2020, the government of the United Kingdom is facing the electoral defeat of its main transatlantic ally, a possible no-deal Brexit and an unprecedented worldwide pandemic. Yet the Home Office is primarily concerned about another (perceived) critical threat: few thousands migrants crossing the Channel yearly to seek asylum on the island.

Over the past months a wide range of rather creative solutions were suggested to deal with the issue. The Home Office revitalised the ‘good old days’ idea behind the penal colonies of the great White Australia policy and decided that that ‘out of sight, out of mind’ is a valid policy principle after all. In October 2020, externalising asylum processing centres on remote British territories in the Atlantic Ocean was suggested. The Home Office envisioned transferring migrants to Ascension Island – an island 4,000 miles away, barely inhabited and rather inhospitable to human life. Further leaks identified other possible territories being considered for extraterritorial processing, including Moldova, Morocco and Papua New Guinea – which, apparently, were entirely in the dark about the idea. Weeks before, the proposed solution was buying retired ferries and converting them into floating asylum-processing centres. More recently, British people heard about pushing dinghies back to France with a wave machine or fishing asylum seekers with big nets.

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