The Council encouraged “the African Union, the African Union High-Level Implementation Panel (AUHIP), and the United Nations Special Envoy of the Secretary-General for the Horn of Africa to intensify their mediation roles with the Governments of South Sudan and Sudan to encourage them to establish temporary administrative and security arrangements for Abyei and to achieve a political solution for the status of Abyei.”
{"title":"United Nations Security Council Resolutions","authors":"","doi":"10.1017/ilm.2022.27","DOIUrl":"https://doi.org/10.1017/ilm.2022.27","url":null,"abstract":"The Council encouraged “the African Union, the African Union High-Level Implementation Panel (AUHIP), and the United Nations Special Envoy of the Secretary-General for the Horn of Africa to intensify their mediation roles with the Governments of South Sudan and Sudan to encourage them to establish temporary administrative and security arrangements for Abyei and to achieve a political solution for the status of Abyei.”","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123978641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 1959, the Fifth Meeting of Consultation of Ministers of Foreign Affairs of the Organization of American States (OAS) took place in Santiago, Chile. At that meeting, the Inter-American Commission on Human Rights was created by a political resolution rather than by a treaty, as in Europe. Closely related to the question of promoting human rights was the issue of promoting democracy. Article 3(d) of the OAS Charter proclaims that, “[T]he solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy,” yet the Charter made no attempt to define democracy. In order to fill this gap, the 1959 Declaration of Santiago, also adopted at this meeting, attempted to identify “some of the principles and attributes of the democratic system in this hemisphere” and the one that interests us here is: “Perpetuation in power, or the exercise of power without a fixed term and with the manifest intent of perpetuation, is incompatible with the effective exercise of democracy.”
{"title":"Advisory Opinion OC-28/21 on Presidential Re-election without Term Limits (Inter-Am. Ct. H.R.)","authors":"Christina M. Cerna","doi":"10.1017/ilm.2022.18","DOIUrl":"https://doi.org/10.1017/ilm.2022.18","url":null,"abstract":"In 1959, the Fifth Meeting of Consultation of Ministers of Foreign Affairs of the Organization of American States (OAS) took place in Santiago, Chile. At that meeting, the Inter-American Commission on Human Rights was created by a political resolution rather than by a treaty, as in Europe. Closely related to the question of promoting human rights was the issue of promoting democracy. Article 3(d) of the OAS Charter proclaims that, “[T]he solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy,” yet the Charter made no attempt to define democracy. In order to fill this gap, the 1959 Declaration of Santiago, also adopted at this meeting, attempted to identify “some of the principles and attributes of the democratic system in this hemisphere” and the one that interests us here is: “Perpetuation in power, or the exercise of power without a fixed term and with the manifest intent of perpetuation, is incompatible with the effective exercise of democracy.”","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126121224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Only parties to the ACHR may elect judges to the Inter-American Court of Human Rights (the Court) and participate in the development of the jurisprudence of the Court, which to date comprises approximately 450 judgments. An unintended consequence of the lack of English-speaking judges on the Court, given the Court's limited resources, is a time lag in the translation of the Court's judgments into English. The Court's press release of October 6, 2021 indicated that, thanks to the assistance of the Konrad Adenauer Foundation, the Court was able to have seven of its judgments translated into English. The judgment in the case of Paola Guzmán Albarracín et al. v. Ecuador, issued on June 24, 2020, the subject matter of this introductory note, is one of the seven cases recently translated.
只有美洲人权法院的当事各方才能选举美洲人权法院(法院)的法官，并参与法院判例的发展，法院迄今约有450项判决。鉴于本院资源有限，本院缺乏会说英语的法官，这造成了一个意想不到的后果，即本院的判决书翻译成英文的时间滞后。法院于2021年10月6日发布的新闻稿指出，在康拉德·阿登纳基金会的帮助下，法院得以将七份判决书翻译成英文。本导言的主题是2020年6月24日发布的Paola Guzmán Albarracín等人诉厄瓜多尔案(Paola et al. v. Ecuador)的判决，该判决是最近翻译的七个案例之一。
{"title":"Case of Guzmán Albarracín v. Ecuador (Inter-Am. Ct. H.R.)","authors":"Christina M. Cerna","doi":"10.1017/ilm.2022.17","DOIUrl":"https://doi.org/10.1017/ilm.2022.17","url":null,"abstract":"Only parties to the ACHR may elect judges to the Inter-American Court of Human Rights (the Court) and participate in the development of the jurisprudence of the Court, which to date comprises approximately 450 judgments. An unintended consequence of the lack of English-speaking judges on the Court, given the Court's limited resources, is a time lag in the translation of the Court's judgments into English. The Court's press release of October 6, 2021 indicated that, thanks to the assistance of the Konrad Adenauer Foundation, the Court was able to have seven of its judgments translated into English. The judgment in the case of Paola Guzmán Albarracín et al. v. Ecuador, issued on June 24, 2020, the subject matter of this introductory note, is one of the seven cases recently translated.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130692414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On January 13, 2022, the secretariat of the United Nations Compensation Commission (UNCC), an institution established by the UN Security Council in 1991 to process and pay claims resulting from Iraq's unlawful invasion and occupation of Kuwait from August 2, 1990, to March 2, 1991, issued a press release stating that, with a payment that day of over US$629 million to Kuwait, all claimants awarded compensation by the UNCC had received full payment.
{"title":"Governing Council Decision 277 (U.N. Compensation Comm'n)","authors":"Ronald J. Bettauer","doi":"10.1017/ilm.2022.20","DOIUrl":"https://doi.org/10.1017/ilm.2022.20","url":null,"abstract":"On January 13, 2022, the secretariat of the United Nations Compensation Commission (UNCC), an institution established by the UN Security Council in 1991 to process and pay claims resulting from Iraq's unlawful invasion and occupation of Kuwait from August 2, 1990, to March 2, 1991, issued a press release stating that, with a payment that day of over US$629 million to Kuwait, all claimants awarded compensation by the UNCC had received full payment.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132522132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the many implications of the measures taken to contain the spread of the COVID-19 crisis was the potential limitation of citizens to participate in their governments, namely through free, fair, and transparent elections. Recognizing the risks this would pose to political stability and governmental legitimacy in Africa, the Pan African Lawyers Union (PALU) submitted a Request for an Advisory Opinion to the African Court of Human and Peoples' Rights (the Court) on the right of citizens to participate in the government of their country in the context of an election during the COVID-19 pandemic. The Court's Opinion was that the decision to conduct or postpone elections was a matter of domestic law, but that any such decision had to comply with regional and international standards on restriction and suspension of rights during emergencies.
{"title":"Advisory Opinion 001/2020 on the Right to Participate in the Government of one's Country in the Context of an Election held During a Pandemic such as the COVID-19 Crisis (Afr. Ct. H.P.R.)","authors":"Jacquelene Mwangi","doi":"10.1017/ilm.2022.10","DOIUrl":"https://doi.org/10.1017/ilm.2022.10","url":null,"abstract":"One of the many implications of the measures taken to contain the spread of the COVID-19 crisis was the potential limitation of citizens to participate in their governments, namely through free, fair, and transparent elections. Recognizing the risks this would pose to political stability and governmental legitimacy in Africa, the Pan African Lawyers Union (PALU) submitted a Request for an Advisory Opinion to the African Court of Human and Peoples' Rights (the Court) on the right of citizens to participate in the government of their country in the context of an election during the COVID-19 pandemic. The Court's Opinion was that the decision to conduct or postpone elections was a matter of domestic law, but that any such decision had to comply with regional and international standards on restriction and suspension of rights during emergencies.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128743180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Arbitral Award of Oct. 3, 1899 (Guy. v. Venez.) (Decision on Jurisdiction) (I.C.J.)—Corrigendum","authors":"B. Plant","doi":"10.1017/ilm.2022.16","DOIUrl":"https://doi.org/10.1017/ilm.2022.16","url":null,"abstract":"","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"4 Laryngol Sect 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125818740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Foreword to the 60th Anniversary Volume","authors":"","doi":"10.1017/ilm.2022.11","DOIUrl":"https://doi.org/10.1017/ilm.2022.11","url":null,"abstract":"","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133341651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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