Russia’s Foreign Intelligence Service (SVR) on Monday accused the US of orchestrating a covert campaign to interfere with the upcoming Russian presidential election, set to take place on Mar. 15-17. The spy agency claims the administration of US President Joe Biden has ordered a group of American NGOs to stifle voter turnout in a bid [...]
Search Results for: 2004-12-02
The recent Australian High Court ruling in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs has prompted significant developments in Australia’s immigration detention policies. This commentary examines the legal implications of the ruling, the subsequent legislative response, and the ongoing concerns raised by human rights and refugee advocates. A History of Mandatory Detention for [...]
The Taliban's Approach to International Law Could Determine the Legal Status of Their Regime
On August 15, 2021, Taliban forces seized Kabul, bringing an end to the era of the internationally sponsored Islamic Republic of Afghanistan (IRA), and reviving the Islamic Emirate of Afghanistan (IEA) in its place. While the Taliban’s approach to issues of rights remains unchanged, their control over Afghanistan is virtually unchallenged for now, fostering inevitable [...]
The resumption of any kind of negotiations or diplomatic ties with the Taliban should come with principles and conditions. Such conditions should be no less than those enshrined in the fundamental principle of human rights and dignity and expected in a multi-ethnic and democratic country. Afghanistan cannot afford to settle for anything less than the [...]
Palestinian Statehood and Demilitarization: A Falsifying Conjunction
“For by wise counsel, thou shalt make thy war.” Proverbs 24:6 Though one might think otherwise, there is no Palestinian state at present, nor has there ever been such a state in the past. Still, once the current Gaza War comes to an end – and whatever the tangible correlates of any war termination agreements [...]
Interview: Columbia's Jeffrey Sachs on Russia, Ukraine, and International Justice
Economist and foreign policy expert Jeffrey Sachs, a best selling author and director of Columbia University’s Center for Sustainable Development, has long argued that Russia’s hostility toward Ukraine was provoked by the U.S. vis-à-vis pushes for NATO expansion, military interventions, and other forms of meddling. In an interview with JURIST Assistant Editor Pitasanna Shanmugathas, Sachs [...]
The Impact of Stagnant Legal Aid Rates on Access to Justice in Australia
Access to justice is a foundational principle of the rule of law and is often phrased as requiring “the right of equal access to justice for all” through governments providing “fair, transparent, effective, non-discriminatory and accountable services.” In Australia, this principle was described in Dietrich v. The Queen as “the equal justice for all principle.” [...]
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: 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 [...]
The Rise of Digital Identities and Their Implications for International Arbitration
In the digital world, you can be whomever you want, whenever you want. You can even be whatever you want, as there is no general rule mandating the adoption of human form online. And while you can have multiple identities, you can also have none at all — such as through anonymous blockchain transactions. Digital [...]