The Myth of Rule of Law

Law is neither morally just for its own sake, nor is it capable of securing international peace and stability as it is based on contested notions of territoriality and sovereignty. Shant Abou Cham explains.

Why the International Criminal Court is Different.

The author discusses how the jurisdiction of the International Criminal Court differ from the jurisdictions of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, and concludes that power matters.

Terrorism and International Adjudication

In the past few years the international community has seen a rise in international terrorism, and international law has been stunned with a new problem that it has not been prepared for. Without international legislation defining what constitutes international terrorism, no alternative dispute settlement bodies are prepared to deal with such a phenomenon. This paper focuses specifically on the proliferation of international adjudicative mechanisms and whether or not this momentum can promote the creation of a new international adjudicative body to cope with the rise of international terrorism as an alternative means to the War on Terrorism.

Colombia’s Peace Communities

The author argues that if more and more communities in Colombia followed the path of protesting peacefully against the brutal and aggravating conflict, the Comunidades de Paz could well constitute a bottom-up way to peace in a political setting where top-down approaches such as leadership declarations and negotiations have continuously failed. Non-violent protest, however, takes enormous courage.

Ecuador and the Rights of Indigenous Peoples

Ecuador has long championed the struggle against colonialism and criticized exploitative neoliberal policies in Latin America, however, the government’s continued support of resource extraction on Indigenous lands have led them to repress legitimate protest movements, and to violate key legal documents including the UN Declaration on the Rights of Indigenous Peoples, and the country’s own constitution.

A Victory for Democracy: Bolivia

The Bolivian President has promoted a true transition: A constitutional reform, which introduces elements of direct democracy and allows for the postulation of independent candidates in municipal elections, the systematic depolitization of public posts, the ratification of reasonable and realistic agreements (which reconstructs the confidence in negotiation), the rejection to the old practice of “buying” leaders, the revision and reformulation of the Hydrocarbon Law.

Landmarks in the Historical Development of Human Rights Theory: A Synoptic View

This essay touches on conceptual debates around theories of human rights, particularly as they apply to language and universality, before presenting a narration of philosophical development towards the contemporary understanding of human rights through Greek and Roman thought, Mediaeval Europe, liberal and revolutionary individualism, and the creation of the UN system after WWII.