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Beginning with a discussion of the right to strike in international law, the chapter explains how most industrial action was regarded as a tortious wrong. Statute provides a limited immunity for trade unions and their officials for industrial action that is part of a trade dispute. In order to obtain that immunity in tort, trade unions must carry out a secret ballot of the members to demonstrate that there is majority support for a strike. Apart from the foregoing, this chapter also examines legal restrictions on secondary action and picketing, and concludes with a discussion of the limited impact of the Human Rights Act 1998 on the scope of the right to strike in British law.
The relationship between One Health and human rights is both symbiotic and antagonistic. The objectives of One Health align with human rights to the extent that they advance specific rights, particularly the rights to life and health. One Health also promotes human dignity, the foundation of human rights, by improving environmental conditions and addressing threats to health that impact people’s lives. Yet the inherent anthropocentrism of human rights sits uneasily with One Health’s commitment to human, animal, and environmental health. The growing field of environmental human rights may offer some way forward for resolving this tension and advancing the legal framework for One Health, while also highlighting some of the potential pitfalls along the way. Early environmental human rights positioned the environment as a precondition for the enjoyment of human rights. More recently the right to a healthy environment has been recognised more widely, expanding the potential for human rights objectives to include protection of environmental health, and perhaps also animal health. This chapter will explore the lessons that human rights law might offer and the potential for the right to a healthy environment to temper the anthropocentrism of human rights in a way that better promotes the triple objectives of One Health.
Although international legal scholars have never captured or paid attention to the epistemology of the secret at work in international legal thought of practice, the idea of secret has not been totally absent from international legal thought. For instance, international legal scholars have occasionally mobilized the idea of the hermeneutics of suspicion to describe the way in which certain scholars dismiss opponents’ arguments to be ideologically or politically motivated wrong postures as opposed to scientifically valid positions. Likewise, a lot of scholarly works have been focused on the secretive and undisclosed practices which are supposedly at work in various international legal processes. This chapter reviews these contemporary engagements by international lawyers with the idea of secret in international law.
During the Symposium held in Manhattan in 2004 coining the One Health approach, the role of environmental law was underlined. The IUCN Commission on Environmental Law, through its representative from Southeast Asia, insisted on the importance of biodiversity conservation and the protection of wildlife while massive culling measures were taken to counteract zoonotic diseases. In this chapter we will show how the development of the One Health approach has been historically favoured by environmental law, acknowledging the interactions between health and biodiversity. We will detail how it has spread into the multilateral environmental agreements in relation to biodiversity conservation and how the environmental protection arena has evolved quite independently from the health sector in implementing the One Health approach until UNEP joined the FAO-OIE (WOAH)-WHO forces and the input from the OHHLEP (One Health High Level Expert Panel) in that respect. We will conclude with examples of One Health implementation in relation to environmental law, whether they concern research projects or training, notably in Southeast Asia.
In this chapter, we discuss practical ways One Health approaches can be integrated into legal and policy action from the lens of the environment sector, to deliver improved human, animal, and ecosystem health outcomes. Relevance to specific processes are highlighted: (1) national implementation of global environmental conventions, including in laws and policy frameworks; (2) environmental and social impact assessment; and 3) local governance systems, including in and around protected areas. Examination of these topics is ground-truthed by national, regional, and subnational examples, including from Liberia, building on lessons from the country’s robust multi-sectoral One Health coordination platform that can guide One Health action at all levels. We also explore the relevance of One Health economics to guide law and policy decisions frameworks in reducing environmental degradation and other trade-offs and maximising societal co-benefits. Finally, we discuss how industry standards and voluntary frameworks, such as the IUCN Green List Standard and its accompanying One Health tools, can have a supporting role in advancing good governance and multi-sectoral management for conservation and health outcomes.
Drafted by international animal law scholars and attorneys, the Convention on Animal Protection for Public Health, Animal Well-Being, and the Environment (CAP) was designed to help secure the interests of not just animals but also the environment we share. Delving into the context and contours of the CAP as an umbrella convention, this chapter first discusses the need to provide for more robust animal protections as part of a genuine One Health model. Next, the chapter observes how states have failed to enshrine such protections into international law. Then, we explore whether the CAP can manifest meaningful change. Exploring how CAP’s provision for additional protocols will enable the treaty to grow more robust with time, the chapter discusses prospects for its ratification and explores how it would complement existing animal-related treaties and concludes by emphasizing how CAP, if ratified, would dramatically improve the landscape for animals, the environment, and humankind.
International security is an ambiguous concept – it has many meanings to many people. Without an idea of how the world works, or how security is defined and achieved, it is impossible to create effective policies to provide security. This textbook clarifies the concept of security, the debates around it, how it is defined, and how it is pursued. Tracking scholarly approaches within security studies against empirical developments in international affairs, historical and contemporary security issues are examined through various theoretical and conceptual models. Chapters cover a wide range of topics, including war and warfare, political violence and terrorism, cyber security, environmental security, energy security, economic security, and global public health. Students are supported by illustrative vignettes, bolded key terms and an end-of-book glossary, maps, box features, discussion questions, and further reading suggestions, and instructors have access to adaptable lecture slides.
This article examines the Indonesian Constitutional Court’s use of international law in its decisions between 2003 and 2023, when it referred to international legal instruments in approximately 10% of its constitutional review cases. However, it has not clearly explained why or how it uses international law. The article develops a typology of the Court’s use of international law, categorising it into four areas: bolstering domestic law, interpreting domestic law, rejecting international law, and misconstruing international law. The Court primarily uses international law to support or confirm domestic constitutional and statutory provisions, especially when they are similar (or universal, as the Court sometimes observes). However, the Court sometimes uses international law to interpret domestic law, and occasionally, it even appears to misconstrue international law to reach a desired outcome. We conclude that, if anything, the Court practices pragmatic dualism, rather than pragmatic monism, as Palguna and Wardana argued in this Journal in 2024.
This handbook is essential for legal scholars, policymakers, animal and public health professionals, and environmental advocates who want to understand and implement the One Health framework in governance and law. It explores how One Health – an approach integrating human, animal, and environmental health – can address some of the most pressing global challenges, including zoonotic diseases, biodiversity loss, climate change, and antimicrobial resistance. Through detailed case studies, the book demonstrates how One Health is already embedded in legal and policy frameworks, evaluates its effectiveness, and offers practical guidance for improvement. It compares One Health with other interdisciplinary paradigms and existing legal frameworks, identifying valuable lessons and synergies. The book concludes by mapping a transformative path forward, showing how One Health can be used to fundamentally reshape legal systems and their relationship with health and sustainability. This is an invaluable resource for anyone seeking innovative, equitable, and sustainable solutions to global health challenges.
This chapter explores an anticolonial critique of emerging postwar international jurisprudence particularly as it pertains to war, using the dissenting opinion of Indian jurist Radhabinod Pal during the Tokyo Trials as a case study. Pal’s critique of Allied uses of sovereignty and international law reflected a larger concern with the ongoing legacy of colonialism in the postwar era, with Pal’s concern being that both continuities and discontinuities in international law continued to maintain unequal relations of power that shape the international order. Pal challenged the conclusions of the other judges at the Tokyo Trials by asserting that the world had not yet become an international society that could truly adopt international criminal law in a just sense. While Pal’s approach to sovereignty and international law contains various challenges and is not a simple prescription that could be easily applied, his dynamic and ambitious vision aimed to equalize the world and therefore represents an aspirational anticolonialism that was lost in subsequent generations of Third World lawyering.
According to the dominant narrative in international humanitarian law, the 1949 Geneva Convention on Civilians is part of the discipline’s humanitarian progress, driven by the International Committee of the Red Cross, in response to atrocities committed during World War II. This paper argues that historical research enables a more nuanced historical account which challenges when, how and by whom the protection of civilians was developed. It demonstrates that the Convention’s protection regime was shaped by the efforts of a variety of non-state actors during the inter-war years. In particular, it focuses on attempts by the International Committee of the Red Cross, International Law Association and International Committee of Military Medicine and Pharmacy to advance the law independently and in cooperation in relation to ‘enemy civilians’ and safety zones after World War I. However, it suggests that these actors were to some extent inhibited by conceptual limitations and self-restraint, which ultimately led to some of the weaknesses in the protection regime under the 1949 ‘Civilian Convention’. The paper thus reveals the struggle over the conceptualisation of individuals who are today considered civilians in the inter-war years which is embedded in the text of the adopted treaty.
In numerous climate litigation cases before national courts, plaintiffs have referred to the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and/or the Paris Agreement to support their claims. So far, no systematic appraisal has been conducted on how national courts have responded to such references to international climate law and the extent to which they have engaged with it. This article examines 148 cases in which plaintiffs refer to international climate law, mapping and analyzing judgments of national courts that either avoid, align with, or contest this legal framework. The findings indicate that invoking international climate law is not an easy path to success, as courts often have opted to avoid engagement with claims based on international climate law. Yet, in several landmark cases, courts have aligned with international climate law, contributing to the advancement of the objectives of the Paris Agreement.
The International Association of Democratic Lawyers (IADL), founded in Paris in 1946 by a group of antifascist lawyers, has long been dismissed as a Soviet front organization. Yet, this characterization overlooks its complex and multifaceted history. This paper reassesses IADL’s first thirty years, exploring its origins, internal debates, and cross-border engagement. Drawing on archival records, this article argues that—despite a period of Communist influence—the IADL contributed to international legal and political discourse by advancing an original approach defined here as radical legal internationalism. Through this framework, IADL lawyers questioned Cold War ideological boundaries and brought into dialogue Communist, progressive, New Left, decolonial, and liberal rights traditions. The article also uncovers the IADL’s significant role in promoting international law and human rights through trial observation, UN advocacy, and missions of inquiry. In challenging the dominant account of the Left’s delayed and uneasy embrace of human rights, this article calls for a broader understanding of Cold War-era legal internationalism and highlights an alternative tradition of legal activism.
In line with Singapore’s vision of the separation of powers, the courts’ duty is primarily to give effect to domestic law; the political branches take the lead in engaging with international law. A study of Singapore’s interface with international law would therefore be incomplete were it to consider only the courts’ role and not the political branches’ model of international law as primarily a guarantor of Singapore’s sovereignty and standing as a participant on the international stage. The political branches have been circumspect in engaging with international law in other areas, such as human rights, preferring a specifically Singaporean vision of rights. A symmetry emerges: the courts and political branches engage strongly with sovereignty-related norms; take other areas of international law as inspiration for developing domestic law; and take human rights law seriously even as their fidelity is ultimately to a specifically Singaporean legal framework for rights protection.
The relevance of the study stems from the complexity and multifaceted nature of the mechanisms that determine the content of legislative and law enforcement activities in modern States. The purpose of this study is to examine the implementation of international legal aspects related to the protection of human rights and freedoms in the law enforcement practices of post-Soviet States. Among the methodological approaches used are theoretical, functional, formal legal and dogmatic approaches, as well as the method of synthesis, logical analysis and others. The international legal content of the categories of rights that offer an avenue for citizens to access justice has been analysed and elaborated upon. An analysis of the European Court of Human Rights’ handling of appeals concerning violations of the right to a fair trial and the right to access justice has been conducted. Having analysed the legal foundations and principles of international law, the provisions and acts of an international instrument for the protection of human and civil rights were cited. A systematic failure to enforce court decisions has been identified as a major concern, in breach of the guaranteed right to seek the protection of one’s rights and interests before international bodies and organizations. Equally important is the exploration of the feasibility of introducing artificial intelligence into the judiciary’s work to provide a mechanism for protecting fundamental human rights. The practical value of the findings offers insight into the means to reinforce the international legal aspects of protecting fundamental human rights in an integrative environment.
Transitional justice’s nature has continued to evolve and, consequently, its scope has significantly widened, raising various unsettled issues. As this review essay observes, transitional justice itself has become conceptually “transitional”, undergoing profound transitions and doing so within an also increasingly and profoundly changing context. Also, as this essay contends, the orientation of those transitions lies at the core of competing visions for transitional justice as a whole. In this vein, as this essay further argues, two major trends seem to be emerging and giving shape to transitional justice’s ongoing transitions: firstly, a trend towards focusing on the (infra)structural dimension of transitional justice processes and thus aiming to reorient transitional justice towards addressing “(infra)structural” factors of (societal) change; and, secondly, a trend towards increasingly relying on public law, in both international and internal legal orders, as a framework to conceptually articulate and implement (infra)structural processes of change.
This essay reveals the institutional dynamics of hard times in the issue area of human rights. I show that the human rights regime has developed innovative-yet-informal institutions like individuals-based coalitions for the international protection and progressive development of human rights. Yet, as these informal institutions function very much based on, first, the interpersonal relations among their members, and, second, legal instruments that require no further consent by states, the advocacy success of liberal human rights defenders has, in turn, provided a playbook for advocates and governments from the illiberal end of the ideology spectrum. In addition, new human rights advocates in the form of certain private law firms have entered the UN through their pro bono work. They promise valuable resources for a crisis-ridden system but often represent corporate clients with conflicts of interest. Given the imminent risk of ideological capture and illiberal interests in human rights paralyzing the system, I reemphasize the need for regulating access to the human rights global governance institutions.
The conclusion of historical and normative parts of the study is that the extension of human rights to companies in the A1P1 ECHR was not necessitated by a sui genesis European liberal conception of human rights. Rather it was the result of a political compromise manifested in a text that obscured the breadth of the legal, proprietary rights protected and the inclusion of private companies as subjects of the rights. The subsequent review of the Court’s jurisprudence on IPRs shows that, regrettably, the Court did not correct the text’s hidden deviation from the moral ideal of universal human rights which the ECHR sought to enforce. The conclusion canvasses three possible scenarios for the futureandoutlines how the Court could develop its jurisprudence to recalibrate the balance of protection of companies IPRs in line with international human rights.
The chapter explores the regulation of professional tennis as a sub-species of transnational law and as part of the lex sportiva. It goes on to show how this transnational character plays out in disputes arising from regulatory matters and then moves on to ascertain the relationship among the three key tennis actors, namely the ITF, WTA and ATP. The chapter next explores the relationship between professional tennis and domestic law, including governance of the sport globally, as well as the relationship between national tennis federations and the ITF, and the latter’s relationship with the International Olympic Committee. The chapter further delves into the labor status of professional tennis players, as well as the relevance of international law in professional tennis, including the sport’s status in the Olympic Movement, as well as the human rights standard-setting role of transnational tennis entities.
Chapter Five presents historical analysis to establish two key points that lay a foundation for the normative argument presented in Chapter Six. First, throughout the nineteenth century, federal courts applied a system of weak judicial review in which they enforced treaty-based rules to protect individual rights from government infringement. Therefore, the type of weak review system I am proposing in Chapter Six has deep historical roots in American public law. Second, due to a largely invisible constitutional transformation that occurred between 1945 and 1965, international human rights treaties are not currently available to U.S. courts as a source of judicially enforceable rights. However, under current constitutional understandings, Congress has the power to make human rights treaties judicially enforceable by enacting an appropriate statute to that effect.