Explainer: The Emerging 'Unconstitutional State of Affairs' Doctrine
The unconstitutional state of affairs doctrine, having its roots in a 1998 judgement of the Colombian Constitutional Court (CCC), has gained immense popularity due to the systemic, policy-based, manifestly illegal acts of executive branches of governments worldwide. Calls for recognizing the existence of an unconstitutional state of affairs have persistently been made in the Latin [...]
Explainer: Enforced Disappearances and Torture Finally Criminal Offences in Thailand
Recently, Thailand passed an important human rights law following significant pressure from many parties including NGOs, victims of torture, relatives of the dead and missing, and investigative journalists. On 24 October 2022, the King signed into law the Prevention and Suppression of Torture and Enforced Disappearances Act which Parliament enacted on 26 August 2022. This [...]
JURIST Features Editor Ingrid Burke Friedman talked with Brian Concannon, a human rights lawyer and the executive director of the Institute for Justice and Democracy in Haiti about the ongoing civil unrest in Haiti. Below is a transcript of their conversation, which has been edited for clarity. Could you please tell us more about your [...]
EU Candidate Status for Ukraine and Its Subsequent Implications
On June 23, 2022, in a “historic moment” for Kyiv, Ukraine was granted candidate status by the European Union (EU) in response to the Russian invasion of Ukraine. Apart from being a geopolitical step, this move manifests the fact that the West has rallied behind Ukraine against the invasion by Russian forces. Moldova also officially [...]
Explainer: Rule of Law and De Facto Differentiation in the EU
In October 2021, Poland’s Constitutional Tribunal ruled that in the event of a conflict between the Constitution of Poland and the treaties of the European Union, the Polish Constitution will reign supreme. The Tribunal concluded that Article 4(3) of the Treaty on European Union, in conjunction with Article 279 of the Treaty on the Functioning of [...]
Why the US Should Recognize the Taliban as Afghanistan’s Lawful Government
Even though the US State Department is issuing positive statements about the Taliban, it is hard for the US to recognize the Taliban as Afghanistan’s lawful government. The reasons are evident and understandable. First, the Taliban have defeated the US military in a protracted war stretching over twenty years (2001-2021). The hurt in the Pentagon, [...]
How Belarus’ Migrant Controversy Reveals a Weakness in International Law
At the end of May, Alexander Lukashenko, the President of Belarus, announced that his government would no longer prevent migrants from illegally entering Lithuania through Belarus. Throughout July, evidence emerged that Belarus had even taken active measures to encourage the flow of migrants, such as using government vehicles to escort migrants over the border. From [...]
During the summer of 2004, I was about to enter fourth grade. That summer was one of discovery and basic understanding of disability identity for me. My parents told me I was autistic in a way that I believed I had magic within me, and the Americans with Disabilities Act existed. I didn’t quite grasp [...]
On October 24, 2018, New York Attorney General Barbara Underwood sued Exxon for defrauding investors about the business risks of climate change. Of course, Exxon will probably deny that it committed fraud. But, in anticipation of this day, the oil giant has spent the last two years preparing a far more insidious legal defense: that its fraud is actually protected [...]
When considering the comments in the wake of Hurricanes Katrina and Rita, with the perspective of thirteen years since their landfall, I’ll paraphrase Mark Twain’s comment about an erroneously pre-mature 1897 obituary: “the reports of death are greatly exaggerated.” The perspective of time and the restoration of many services to the Hurricane Katrina and Rita-stricken Gulf Coast reveal that matters [...]
