Tag: international law

Was Russia’s Attack on the Maternity Hospital in Mariupol a Violation of International Humanitarian Law?

Posted on by foluke.adebisi

This post is part of a short series of blog posts exploring the recent Russian invasion of Ukraine against the background rules of international law. The posts are based on presentations given at an event on the subject on 7 March that was organised by the University of Bristol Law School’s Centre for International Law.

In this first blog post of the series, Professor Noëlle Quénivet from the University of the West of England introduces us to the question of the compatibility of Russia’s invasion with international humanitarian law (the law of armed conflict).

by Noëlle Quénivet, Professor in International Law, University of West of England

In the last few weeks, the press has reported numerous instances of attacks by Russian forces on cities, hospitals, airports, nuclear power plants, places of worships, etc. The list is very long. But are all these attacks automatically unlawful, as often claimed in press reports? After explaining the legal framework to determine the lawfulness of these attacks, this post, using the example of the attack on hospitals, and more specifically the maternity hospital in Mariupol, illustrates how the targeting rules apply and argues that, even in the case of an attack against medical facilities, the answer is not always a straight: ‘it is unlawful’. (more…)

Reflections on International Law and Social Change

Posted on by lee.mcconnell

By Dr Lee McConnell, Lecturer in Law (University of Bristol Law School)

In a recently published article, I draw together some thoughts on the relationship between international law and social change. While I can do no more than provide a flavour of some of the themes explored in the article, I hope these reflections are at least thought-provoking.

A brief glance at the preamble to the UN Charter, which commits to the promotion of ‘social progress and better standards of life in larger freedom’, is indicative of the unique way in which international law asserts its own inherently ‘progressive’ character.[1] Regardless of whether one shares this vision, a more modest connection between law and social change will be familiar to many. This is the idea that international law can be harnessed to advance a particular cause – that it is, in essence, an empty vessel that can be filled with progressive content. This assumption, often implicit but rarely articulated or confronted, is what my article seeks to address. (more…)

Repatriating the forgotten children of ISIS fighters: A matter of urgency

Posted on by lee.mcconnell

By Dr Rumyana van Ark (TCM Asser Institute and International Centre for Counter-Terrorism at ICCT –The Hague), Dr Faith Gordon Lecturer in Criminology (Monash University) and Dr Devyani Prabhat, Reader in Law (University of Bristol Law School).

Children are often the hidden victims in adult-dominated conflicts. This appears to be particularly the case when citizens of other states travel to an area of on-going conflict in order to participate and/or support a side in the conflict. As evidence relating to foreign fighters supportive of ISIS demonstrates, the decisions of the parents have significantly affected the position of their children who either travelled with them or were born there.  Such children number in the many thousands. While the documented numbers are already high, commentators note that it is likely that these figures do not represent the full reality. The statistics may be omitting those children recently born in or currently residing in besieged, and almost impossible to access, areas.  These estimated figures are also unlikely to include those who have not had their births properly recorded, those of whom the authorities have lost track, and those who were unknown to the authorities in the first instance. (more…)

Parliamentary Sovereignty: Brexit and Schrödinger’s cat

Posted on by legalresearch

By Marc Johnson, Lecturer in Law (Truman Boddon Law School)

Photo: Flickr

Brexit has been a source of emotionally-charged debate. One point which has received plenty of attention is the sovereignty of Parliament and its relationship with EU membership. It is often explained that the EU’s ability to make laws (which can apply in the UK) is some form of forfeiture of sovereignty. However, this statement has a number of shortcomings, not least that it ignores the election of Members of the European Parliament by the UK, providing (at least to some degree) a democratic mandate to the European Parliament. I will use Schrödinger’s cat to suggest that sovereignty can be present in multiple places and remain intact, allowing the normal operation of both the UK Parliament and European Parliament, without offending a nuanced view of sovereignty. In order to do this, one must cast aside the orthodox views of sovereignty and start with a pragmatic and philosophical approach to Parliamentary Sovereignty as it today. Brexit is akin to lifting the lid of Schrödinger’s box to observe the actual state of sovereignty at a specific point in time, but in doing so it reduces the observers to that of a quantitative measurer, and asks ‘is it dead or alive’ – when, in fact, reality is far more complex than this. (more…)

Legal Authority Beyond the State – Towards New Insights into International Law

Posted on by lee.mcconnell

By Prof Patrick Capps, Professor of International Law (University of Bristol Law School) and Prof Henrik Palmer Olsen (University of Copenhagen Faculty of Law)

Two new edited volumes, which add new perspectives on international law, have recently been published by OUP and CUP. The first is International Court Authority (published by OUP during the summer of 2018 and edited by Karen Alter, Laurence Helfer and Mikael Rask Madsen), and the second is Legal Authority Beyond the State (published by CUP early in the spring of 2018 and is edited by Patrick Capps and Henrik Palmer Olsen (the writers of this blog)). The books are similar insofar as they present interdisciplinary scholarship on the authority of international law. Both are, at root, an exploration of how legal authority is established and evolves in international organizations, such as international courts. An important difference between the two books is how each sees the plausible limits of theoretical inquiry into the nature of authority. International Court Authority is more empirical, while Legal Authority Beyond the State is situated in the rationalist philosophical tradition. We argue that the empirical inquiry found in International Court Authority is limited to measure factual, observable behavior which appears to be engaging with international organizations and their laws, but it cannot account for authority per se, which is commonly accepted (in both books) to be the self-conscious orientation of actor’s behavior towards international law, so that it is consistent with the practical reasons offered by international organizations. (more…)

The Ugandan Bridge Schools & Education as Freedom

Posted on by legalresearch

By Dr Foluke Adebisi, Teaching Associate (University of Bristol Law School).

© CCTV Africa
© CCTV Africa

On the 4th of November 2016, in Bridge International Academies Ltd v. Attorney General Uganda, a Uganda High Court judge ordered the closure of 63 Bridge International Schools. The judge cited the use of unqualified teachers, unsanitary learning conditions as well as the fact that the schools were not properly licensed as reasons for ordering the closures. The court also considered the poor quality of education provided in these schools.

Bridge schools are backed by Bill Gates and Mark Zuckerberg. The schools claim to have 12,000 students in Uganda and 100,000 students across Africa, mainly. According to their teaching model statement, teachers read scripted lessons from a tablet. The content of learning is standardised and not adapted to individual needs. It is suggested that this is an effective low-cost way of providing ‘quality’ education. Nevertheless, Bridge Schools in Africa have been the subject of much controversy. The UN has suggested that funding such schools could contribute to violations of international law. Those who suffer the most from this are poor Ugandans, they are caught at the intersection of a convergence of disadvantage: government education is unreliable, often unsanitary, and almost always underfunded. Private education is unaffordable and inaccessible for most Ugandans. Yet Bridge education is barely education at all. (more…)