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Empty Promises or Justiciable Rights: The Extraterritorial Reach of Economic, Social and Cultural Rights in the Context of Unilateral Sanctions
No full textThis paper examines the extraterritorial obligations of States under the ICESCR concerning the effects of their unilateral sectoral sanctions and the implications for human rights. It highlights that unilateral sectoral sanctions, while claimed to be targeted and accompanied by humanitarian exemptions, still negatively affect the economic and social rights of the people in the sanctioned State. This paper analyses the US and EU sanctions on Iran, Venezuela, and Syria, demonstrating how these sanctions impact the population of the sanctioned State. The present paper analyses the problematic nature hereof, especially since there is an absence of justiciable obligations under the ICESCR regarding the effects of unilateral sectoral sanctions on the population of the sanctioned State. Furthermore, this paper shows an incongruity between the theoretical framework of humanitarian exemptions and their practical implementation, which further exacerbates the impact of these sanctions on the population of a sanctioned State. Moreover, this paper offers insights into the legitimacy challenges posed by unilateral sanctions, given their actual humanitarian impact. It underscores the pressing need for countries to exercise restraint when imposing such sanctions and, more crucially, to reassess the implementation of humanitarian exemptions critically
Responsibility for climate change under the ILC Articles on the State Responsibility of States for International Wrongful Acts (ARSIWA)
No full textThe Articles on the Responsibility of States for International Wrongful Acts (ARSIWA) create a framework for the attribution of state responsibility for internationally wrongful acts. There is ongoing legal and academic discussion of whether the ARSIWA can be applied to environmental issues. The Climate Crisis is one of the most pressing contemporary issues. The purpose of this paper is to determine whether the ARSIWA can be applied to the issue of climate change. The results of the research are that responsibility for the causes and impacts of climate change can be attributed to individual states under the ARSIWA, resulting in state responsibility for climate change. But that the ARSIWA are not likely to be applied to this area of law until implementation is complete. Overall, this paper identifies significant opportunity for the application of the ARSIWA principles to the issue of climate change
Reshaping the Contours of State Responsibility for Employing Private Military Companies: a Case Study Analysis of Russia’s Role in Wagner’s Activities in Ukraine
No full textThis study investigates legal accountability of the Russian Federation for private military company (PMC) Wagner’s actions in Ukraine, highlighting the applicability and limitations of customary international rules on state responsibility. Using a case study methodology, it examines Wagner\u27s operational role in Ukraine and its complex relationship with the Russian state, applying Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) as a theoretical framework. The findings reveal that current international law, codified in ARSIWA\u27s rules on attribution, does not provide a framework for attributing Wagner\u27s actions to the Russian Federation. Wagner does not function as an organ of the State (ARSIWA’s Article 4), nor does it meet the criteria for ‘effective control’ (ARSIWA’s Article 8), as required by customary rules on attribution in international jurisprudence. This legal framework\u27s inability to address the nuanced and evolving nature of PMCs\u27 involvement in State military activities points to a significant gap in international law. In response, the author proposes a four-step test under ARSIWA’s Article 8 for determining State control over PMCs. This test includes assessing the PMC\u27s material dependency on the State, the degree of communication between the PMC and the state, the state\u27s involvement in the PMC\u27s strategic decision-making, and the PMC’s integration in the state\u27s military manoeuvres. This approach seeks to reconcile the criteria of the ‘effective control’ and ‘overall control’ tests, aiming to more accurately reflect the realities of modern warfare and State-PMC relationships. Wagner members do not join for ideological reasons. They join for money
Helgoländisch mut: von finitem Modalverb zu epistemischer Partikel
No full textIn the Frisian dialect of Heligoland sentences are found which apparently contain two finite verbs, the modal verb mut ‘must’ in the verb second position and a full verb in the verb final position. It will be argued that the original 3rd person present form mut developed into an epistemic particle, so that the inflection shifted to the former infinitive. The grammaticalization of this particle, its spread from deliberative questions to declarative clauses and its epistemic status are discussed in some detail. The epistemic particle mut in Heligolandic is compared to similar particles occupying the verb second position in West and North Germanic languages
Borges, Petronio y la curiosa felicitas
No full textMuchos críticos han demostrado que Borges admiraba no solo a algunos autores latinos sino también la lengua latina. En este trabajo, nos ocuparemos de Petronio, un autor que tiene un lugar marginal dentro del canon borgeano, pero que, a pesar de eso, fue mencionado por el escritor argentino en varios pasajes de su corpus. En este caso, nos detendremos en la famosa expresión curiosa felicitas (Sat. 118) que Borges retoma en algunos de sus textos. Los objetivos de este artículo son: 1) reseñar las características y el significado de la famosa iunctura petroniana curiosa felicitas; 2) determinar dónde pudo haber leído Borges la formulación de Petronio; y 3) intentar definir qué consideración artística y estética tenía Borges del Satyricon.
As many scholars have shown, Borges admired not only some Latin authors but also the Latin language. In this paper, I will focus on Petronius, an author who has a marginal place in Borges’ canon, but who, nevertheless, was mentioned by the Argentine writer in several passages of his corpus. In this case, I will examine the famous formulation curiosa felicitas (Sat. 118) that Borges takes up in some of his texts. The aims of this paper are: 1) to review the characteristics and meaning of that famous Petronius’ iunctura; 2) to determine where Borges might have read Petronius’ expression; and 3) to try to define Borges’ artistic and aesthetic consideration of the Satyricon
Frank Lovett: The Well-Ordered Republic
No full textRezension von Sarah-Lea Effert: The Well-Ordered Republic. Oxford University Press 2022
Maak een vuist als je geen hand hebt. Inclusiviteit in (pre)historische jeugdromans
No full textThe one-handed hero: Inclusiveness in historical fiction for children Having grown up with a sister in a wheelchair meant that I took this normalcy into the fictional world of the past. So when I crossed paths with Drem in Rosemary Sutcliff’s 1958 novel Warrior Scarlet, he was to me just a boy with one functional arm. It was not until much later that I realised he was one of the very few protagonists in historical fiction with a disability. A lack of inclusiveness is problematic, first, when it comes to readers identifying with the physical condition of the hero(ine) and, second, because, from an archaeological perspective, the proportion of healthy people in historical fiction seems improbably high, while the representation of people with a disability is often stereotyped. Maybe archaeologists should provide authors of historical fiction with a more informed description of the past