Yearbook of International Law - Year in Review 2013

Facts and Norms Newsletter, 2024

ISSN 2965-8780 Editorial Welcome to the ninth edition of the Facts and Norms Newsletter for 2024. In this issue, we continue our commitment to providing comprehensive coverage of significant judgments and developments from international and regional courts, along with updates on pressing global issues. The International Court of Justice has received fifteen written statements concerning the question of the right to strike under ILO Convention No. 87, reflecting the global significance of labor rights. Additionally, Chile has filed a declaration of intervention in the Gaza case (South Africa v. Israel). This edition also covers the potential dire consequences for Yemen following recent strikes, the worsening humanitarian situation in Gaza exacerbated by inclement weather and ongoing conflict, the condemnation of attacks on a hospital in Ukraine, among other concerning news. The UN's call for more action to combat senseless criminality in Haiti, where rampant gang violence has resulted in thousands of deaths this year, is also featured. Additionally, we delve into the growing crisis in Afghanistan amidst declining international funding and restrictive measures imposed by the de facto authorities. Turning to regional tribunals, the Inter-American Court of Human Rights concluded its 169th Regular Session, delivering judgments in several significant cases involving forced disappearances, extrajudicial executions, and the rights of indigenous peoples, among other subjects. Within the African Human Rights System, the African Court on Human and Peoples’ Rights conducted hearings conducted a public hearing in a case concerning the rights of persons with albinism in Tanzania. The Court also delivered judgments on cases concerning the right to a fair trial, and issues of inadmissibility due to non-exhaustion of local remedies. This edition also features summaries of recent judgments by the European Court of Human Rights on a variety of topics. These include the prohibition of collective expulsion of aliens, the right to private life concerning expulsion on national security grounds, respect for patients' autonomy in medical decisions, property rights, family life and deportation, and the rights of journalists and opposition candidates. As always, our Academic & Professional Opportunities section provides a comprehensive overview of calls for papers, fellowships, job openings, and other opportunities in international law and human rights. We encourage our readers to explore these third-party opportunities and to independently verify the details provided. We further encourage our readers to learn more about the Facts and Norms Institute's second Winter Course on Legal Theory, International Law, and Human Rights. This exclusive educational opportunity for Portuguese speakers will take place in the vibrant city of Lisbon, Portugal, offering participants a chance to engage with renowned professors, explore critical legal issues, and experience the rich academic environment of the University of Lisbon! Details about the course can be found in the "News from the Institute" section below. We invite you to delve into this edition, engage with the diverse perspectives presented, and join us in our ongoing commitment to advancing knowledge, promoting justice, and upholding the principles of international law and human dignity. Enjoy the read! Professor Henrique Napoleão Alves, Chief Editor

Facts and Norms Newsletter #14, 2025

EDITORIAL: This new edition of the Facts and Norms Newsletter appears at a time of global instability and mounting threats to human dignity. While a ceasefire in Gaza offers a glimmer of hope, the UN Secretary-General's urgent warning against ethnic cleansing in the enclave — alongside rising violence in the occupied West Bank — casts a shadow over any optimism. Elsewhere, the armed conflict in DR Congo intensified; Haiti continues suffering from relentless gang violence; in Syria, systematic pillaging undermines rebuilding efforts. We also report on the International Court of Justice, grappling with complex cases, including the Gaza advisory proceedings and counter-claims in the case concerning Ukraine. The International Criminal Court, in turn, faces direct political pressure, as exemplified by a US Executive Order threatening sanctions, a move condemned by the Court itself. On the regional front, the European Court of Human Rights continues to deliver new judgments, holding states accountable for violations ranging from freedom of expression to the right to life, including significant rulings on Russia's suppression of dissent and Italy's failure to protect citizens from toxic pollution. The African Court on Human and Peoples' Rights emphasizes the importance of reparations in advancing justice. The Inter-American Court of Human Rights, through its judgments and provisional measures, further expands its caselaw on the prohibition of torture, labor rights, and other important human rights topics. As always, our Academic and Professional Opportunities’ section offers numerous opportunities for career development. We encourage readers to review these third-party opportunities with due diligence and seize any that match their aspirations. We conclude this issue by highlighting key contributions from the Facts and Norms Institute. The Institute's amicus brief was cited in the Inter-American Court's condemnation of Brazil for the Acari Massacre. Our research on violence against women and children in sports informed a groundbreaking United Nations report. In addition, the Institute’s partnership with the American Society of International Law yielded a new edition of the Rights of Indigenous Peoples’ Newsletter. As you read through these pages, we hope you not only gain insight into the critical issues of our time but also find renewed motivation to champion the values of dignity, justice, and human rights.

Facts and Norms Newsletter, 2025

EDITORIAL Dear Reader, In this new edition you will find coverage of renewed violence in Gaza following a two-month ceasefire, evolving crises in Haiti, the humanitarian catastrophe in Sudan, and recent turmoil in Syria. United Nations officials call for the protection of civilians, condemn rights violations, and underscore the urgent need for renewed negotiation and humanitarian access. Multiple UN bodies, including the International Organization for Migration, highlight the critical impact of funding cuts on essential humanitarian programs. Reports of heightened vulnerability to trafficking—particularly for children—and increased concerns over gender-based violence and discrimination against persons with disabilities also feature prominently in this issue. Updates from the International Court of Justice include new filings in contentious cases—particularly Sudan v. UAE—and additional developments in the advisory proceedings related to Palestine. Meanwhile, the International Criminal Court has commenced high-profile proceedings with the prosecution and arrest of former Filipino ruler Rodrigo Duterte over charges of crimes against humanity. The Regional News section features detailed summaries of judgments by the Inter-American Court of Human Rights, the European Court of Human Rights, and the African Commission on Human and Peoples’ Rights. These decisions address topics ranging from forced disappearance, indigenous rights, and discrimination, to forced displacement and police misconduct. Highlights include the first Inter-American rulings with regards to indigenous peoples living in isolation, as well as the rights of Brazilian quilombola communities. For readers interested in academic and professional growth, this edition offers a broad list of publication opportunities, scholarships, fellowships, internships, entry-level jobs, as well as mid-level and senior positions. We encourage readers to review these third-party opportunities with due diligence and seize any that match their aspirations. Lastly, the Facts and Norms Institute shares two recent contributions: an Amicus Curiae brief submitted to the Inter-American Court in a forced sterilization case, and a report to the UN advocating for the integration of human rights principles into climate negotiation frameworks. Welcome to our latest edition—and thank you for reading. Professor Henrique Napoleão Alves Chief Editor

2015

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The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs-especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)-a treaty-based organization charged with the overarching mandate of ensuring "the highest possible level of health" for all peoples. 1 Interestingly, the WHO has also become entangled in a foreign policy spat between China and the United States of America. This work explores the public international law aspects of the