This situation opens with a symposium in our occasional collection on The European Custom in Worldwide Regulation. This instalment focuses on the work of Italian jurist Antonio (‘Nino’) Cassese (1937–2011), a founding Editor of EJIL. Convened by Megan Donaldson, Neha Jain, and Sarah Nouwen, the symposium consists of a framing article by Megan Donaldson and three contributions. Donaldson units out the symposium’s goals: relatively than offering an exhaustive account of Cassese’s contributions, the articles study his trajectory by means of the lenses of custom and innovation, utilizing his work as a basis for broader reflections on biography and the historical past of worldwide legislation.
Within the first contribution, Kirsten Sellars examines the 1977 dialog between Cassese and Dutch jurist BVA Röling. Cassese’s interview with Röling culminated within the 1993 publication of a e book on the Tokyo Trial. Sellars argues that this e book reveals important insights into the authorized considered two central figures within the historical past of worldwide legal legislation, who, regardless of their variations, shared a European outlook. Within the subsequent article, Lorenzo Gradoni presents an mental biography of Cassese, using archival supplies and early writings. Gradoni explores the intersection of Cassese’s method to authorized experience and his reformist or progressive mindset, shedding gentle on the progressive potential of his skilled engagements. Lastly, Adil Hasan Khan turns to Cassese’s affect on the European custom of worldwide legislation, specializing in his writing. Cassese’s redescription of the work of earlier Euro-American worldwide legal professionals, Khan argues, illustrates how worldwide legal professionals can innovate whereas preserving and actualising obtained traditions.
In our Articles part, Dilek Kurban analyses the connection between the European Court docket of Human Rights and Turkey as a case examine to look at how authoritarian regimes resist oversight by worldwide human rights courts. By a mixed-methods method, together with interviews with numerous actors in Turkey, Kurban argues that authoritarian regimes purpose to scale back the scrutiny of worldwide courts with out essentially undermining their authority, and that courts can typically be complicit on this resistance.
The second article, by Niccolò Zugliani, addresses the connection between the customary legislation of neutrality and the jus advert bellum amidst the continuing worldwide armed battle in Ukraine. Zugliani argues that states not collaborating within the battle have disregarded norms together with the prohibition to produce weapons to belligerents. He proposes that the Russian-Ukrainian battle constitutes an important occasion of state observe on the applicability of the legislation of neutrality when the battle is initiated by an act of aggression.
Closing the Articles part, Ming-Sung Kuo explores the boundaries of constitutional analogy in worldwide legislation by inspecting responses by constitutional and worldwide legal professionals to the hazards of authoritarian co-optation. Kuo contends that worldwide legal professionals, in contrast to their constitutional colleagues, have proven restricted curiosity in militant democracy. The absence of militant democracy on the worldwide aircraft, Kuo argues, underscores the non-democratic but consultant nature of the worldwide authorized order.
In Roaming Fees, we characteristic {a photograph} entitled Love and Care.
This situation’s Essential Overview of Governance part presents a debate. In his article, Christian Riffel argues that New Zealand’s free commerce agreements (FTAs) with the European Union and the UK are groundbreaking for incorporating participation rights of Māori in authorities decision-making. Riffel contends that these inclusions have intensified New Zealand’s ‘indigenization’ of its free commerce agreements, with democratic implications. In her reply, Claire Charters counters that Riffel misconstrues Māori rights below home and worldwide legislation. Charters explains that below te Tiriti o Waitangi, New Zealand’s founding constitutional doc, Indigenous peoples have rights to train public and governance energy alongside a state, which can’t be conflated with minority rights.
The Final Web page on this situation is devoted to Miners, by English poet and soldier Wilfred Owen. ‘All a poet can do at this time is warn’, Owen declared in a draft preface to his poems, quickly earlier than he was killed in motion within the Nice Battle.
