Editorial: International Community Law Review Issue 23:4

Abstract

This issue of the International Community Law Review considers the operation of international law across the land, sea and air; from access to rights for air passengers to the rights of those on the high seas. It ends with a novel consideration of the application of the prohibition of the use of force to issues of statehood and recognition. In Taking Air Passenger Rights Seriously: the Case Against the Exclusivity of the Montreal Convention, Nicolas Bernard considers the positions of the Montreal Convention, which unifies the rules relating to the liability of air carriers for damage or delay in the carriage by air of passengers, baggage and cargo. Bernard explores the ‘deleterious consequences on consumer protection of the exclusivity of the Montreal Convention’ in that it inherently favours industry interests at the expense of the consumer. In so doing, he makes the case for adopting a human rights-inspired, subsidiarity-based approach to passenger rights protection. Such an approach, recognises the complementary role of the international, regional and national levels in protecting consumers and enhancing flexibility. Moving from the air to the oceans, Gabriela Oanta’s contribution Access to Remedy in the European Union in Case of Breaches of Human Rights at Sea by Private Actors addresses the specific means of access to remedy that individuals have in the European Union (EU) in case of breaches of human rights at sea by private actors. In examining the role of both Member States and the EU, Oanta provides an original exploration of their responsibility in addressing some of the worst human rights violations which occur on the EU’s fishing vessels, from both a labour and human rights perspective. It addresses the competences of the EU, the remedial mechanism available to individuals subject to fishing-company-related human rights violations, and considers the possible future developments in the field.