Human rights

International Law and Drone Warfare

  • International Law and Drone Warfare

    Over the past decade the use of drones, robots, and other remotely controlled weaponry has surged in the area of modern warfare, raising questions on the challenges these new technologies bring to human rights and the application of international law as a whole. States and non-governmental organizations have done very little to change existing laws, and remain unmoved at large by the challenges this new technology brings, leaving lawyers, human rights activists and organizations stuck with old laws that no longer apply to new wars. This article looks at some of the challenges contemporary wars bring to international law, and explores the debates centered on the legality surrounding the use of drones by arguing that an update in existing laws is necessary. Read more... (Leen Bakerjian)

How Much Is Enough? – The Interpretation of „Grave Risk” in an International Child Custody Dispute

  • How Much Is Enough? – The Interpretation of „Grave Risk” in an International Child Custody Dispute

    One of the most difficult aspects of divorce is making arrangements for the children; a hard decision that is made infinitely more difficult if the parents are citizens of different countries. With the rising number of international families, now estimated at 16 million, cross-border disputes on family matters have increased in the EU. There are about 140,000 international divorces per year in the EU and around 1,800 cases of parental child abduction within the EU every year. In a recent case, the European Court of Human Rights has held that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned the interpretation of „grave risk” under international law in a child custody dispute. Read more... (Petra Ágnes Kanyuk)

Expressions about Public Persons: The Case-Law of the European Court of Human Rights and the New Challenges of Social Media

  • Expressions about Public Persons: The Case-Law of the European Court of Human Rights and the New Challenges of Social Media

    The Internet is the most important development in communication technology since the invention of the press, affecting the practice of freedom of speech and press and enabling more democratic opportunities for communication. Beside the multitude of advantages, this new technology brought along a swathe of new issues. One important question is: how can courts react to these changed circumstances in the course of human rights adjudication? Is it possible to apply the existing human rights measures or do the features of the new media require the development of new measures? Read more... (Éva Balogh)

How can forum shopping help victims of corporate torts pursue an efficient legal remedy against violations of human rights?

  • How can forum shopping help victims of corporate torts pursue an efficient legal remedy against violations of human rights?

    Corporations have been undertaking very risk-taking activities abroad. Since they are met with less protective legislations in third-countries, some subsidiaries have been conducting their business without proper respect for human rights. As a result, not only the subsidiaries but also the parent companies can be held liable for violations of such rights in civil proceedings in their home countries. However, there is no standard international convention or jurisdictional body to regulate the relation between business and human rights and the legal remedies that victims can access. In this regard, victims must call upon domestic courts in a pursuit of the most favorable jurisdiction to obtain a civil legal redress mechanism. Read more... (Rafael Lima Asche)