Archive for ‘International Law’

A Three-year-old Cannot Represent Herself in Court: The Need to Appoint Counsel to Children in Removal Proceedings

A Three-year-old Cannot Represent Herself in Court: The Need to Appoint Counsel to Children in Removal Proceedings

 By Jennifer Quezada Castillo.

Immigration proceedings are far from being simple and easily understood procedures. The court in Castro-O’Ryan v. INS recognized the complexity of our immigration laws by holding that “‘immigration laws [are] second only to the Internal Revenue Code in complexity.’” If courts have recognized the intricacy of our immigration laws, it’s difficult to comprehend why we would require a child to make sense of this complex system without the assistance of an expert in the field. We shouldn’t. However, our laws do not reflect this simple and logical answer. […]

Circumventing International Law:  The EU’s Responsibility for Rights of Migrants Returned to Libya Under Operation Sophia

Circumventing International Law: The EU’s Responsibility for Rights of Migrants Returned to Libya Under Operation Sophia

By Victoria Jensen.

From January to October 2016, nearly 160,000 refugees crossed the Mediterranean to Italy. In response to the smuggling and trafficking across the Mediterranean, the European Union created Operation Sophia. However, Operation Sophia has resulted in migrant and refugee boats being intercepted by the Libyan Coast Guard and being returned to Libya. Through the Operation Sophia training program, the EU has effectively delegated European border control to the Libyan Coast Guard. This practice allows the EU to evade both their duty of non-refoulement and duty to rescue distressed persons at sea. The EU has trained Libyans to conduct actions which the EU could not legally accomplish itself under international law, and is therefore violating international human rights law by aiding and assisting Libya’s wrongful actions. […]

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

By Lauren Gillespie.

Man is a migrant species. With modern technology, emigration has lost its permanency, and people ebb and flow through borders. And today states struggle to control the movement of humanity across borders while respecting the right to freedom of movement. In this article, I argue that the international law community split freedom of movement into two distinct rights: namely, the right to leave permanently and the right to leave temporarily. […]

Language Challenges in the South China Sea Dispute

Language Challenges in the South China Sea Dispute

By Huanxin Luo.

Due to the number of claimants and the complexity of claims, the South China Sea dispute is deemed as the “mother of all territorial disputes”. In 2013, the Philippines unilaterally filed an arbitration case, requesting the tribunal to adjudge her disputes with China concerning the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines’ submissions were detailed about the legitimacy of China’s historic rights claim based on the “nine-dash line”; the status and maritime entitlements of relevant features in the Nanshan Islands. On July 12, 2016, the tribunal rendered its final award, which mostly backed the Philippines’ position. Immediately, the Chinese government reaffirmed her objection, insisting the award is null and void for the tribunal does not have jurisdiction over any of the claims made by the Philippines. […]

Cultural Vandalism and the Islamic State:  Rethinking Our Connection to the Past

Cultural Vandalism and the Islamic State: Rethinking Our Connection to the Past

By Jennifer Morris.

Last spring, I showed the students in my introductory art history class a slide of a lamassu taken from the Citadel of Sargon II in the ancient Assyrian city of Dur Sharrukin (modern Khorsabad, Iraq). They looked bemused as I explained how these colossal man-headed bulls with wings, most of which date to the late eighth century BCE, served as gateway guardians and protective spirits of fortresses and palaces. Their expressions promptly shifted, however, as I showed them an image of a bearded man shrouded in a black tunic chipping off the face of a lamassu with a jackhammer. With gaping mouths and indignantly furrowed brows, they listened as I described how the photo was a still from an Islamic State propaganda video chronicling ISIS militants’ sacking of the museum in Mosul. A moment of silence followed, then somebody piped up: “Let’s nuke ‘em.” […]

Anti-Terrorism and Counter-Extremism in Bangladesh:  From Policy to Grassroots Activism

Anti-Terrorism and Counter-Extremism in Bangladesh: From Policy to Grassroots Activism

By Atif A. Choudhury.

Holey Artisan Bakery is the kind of place where expats cure homesickness by indulging in a range of epicurean delights, while locals (especially kids) grab themselves a treat before fasting hours began. On July 1, during the waning days of Ramadan, seven heavily armed terrorists decided it was a suitable venue to rob 24 innocent people of their lives and to shock a nation of 170 million in the process. […]

A Human Security Approach to Maritime Security in the Gulf of Guinea

A Human Security Approach to Maritime Security in the Gulf of Guinea

By Dr. Ian M. Ralby.

The Gulf of Guinea – the coastal portion of West and Central Africa – is one of the most dynamic regions of the world in terms of both maritime criminal activity, and proactive efforts to counter maritime crime. The waters of the Gulf are plagued by a wide array of challenging threats including piracy, armed robbery at sea, illegal, unreported and unregulated (IUU) fishing, trafficking of all sorts, dumping and other environmental crimes, and oil theft. […]