Evrigenis Yearbook of International and European Law

Book Reviews and Recent Publications

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Book Reviews and Recent Publications

Introduction

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Introduction

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Table of contents

The Return of the Parthenon Marbles and the Law

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The subject of the Parthenon Marbles, known in the past as the “Elgin
Marbles”1 is sufficiently well known to provide an extensive historical review.
Some elements will, however, be mentioned during the introduction because
they are closely related to the legal context under consideration. We can, however,
briefly refer to the events of the time. Lord Elgin, Ambassador of Great
Britain to the High Gate, obtained permission in 1801 from the Grand Vizier to
remove stones and marbles from the Parthenon and to export them from Ottoman
territory2. This operation lasted until 1812 and Lord Elgin transported to
London a large number of parts of the Parthenon’s vivisection and metopes.

Etudes Comparatives sur des Relations Industrielles

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Les études réunies dans le présent essai portent sur les relations industrielles
et non sur le droit du travail, ce qui n’est point fortuit. Les besoins auxquels
répond le droit du travail sont plus ou moins les mêmes dans les sociétés
industrielles et pourtant les règles qu’il consacre se différencient très souvent
dans leurs fins et même dans leurs formes. Ceci indique qu’une même institution
juridique existant dans différents pays ne remplira pas toujours, même au
sein de ses diverses composantes, les mêmes fonctions.

Intellectual Continuity and Authority:

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Over the past decades, there has been a noticeable resurgence of interest in
the intellectual history of international law, with a heightened focus on scholarly
traditions1. National traditions have habitually been recognized as distinct
and enduring intellectual currents that shape the broader stream of global
scholarship. In the realm of international law, the concept of national scholarly
traditions (e.g., the United States, the Hellenic, the Italian tradition) and regional
traditions (e.g., the European, the Asian or the Latin American) have
garnered a lot of attention as an object of study or as an analytic, with scholars
attributing various palpable characteristics to these traditions, highlighting
tangible connections, shared experiences, and social structures in shaping
communal identities.

Can Transdisciplinarity Offer a Fair Addition in the Modern Protection of Women’s Rights?

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The current level of internationalisation of all components of society has
begun to reveal the need for reforms and even a way of reorganising law, especially
international law, which is considered too inter-state to cope with the
regulatory needs of all actors in these legal relationships. Women’s rights are
directly or interdependently related, without exception, to every characteristic
of society, because the life and evolution of norms, as in the case of many other
social processes, are complex combinations of normative, instrumental and
other constraints and causes of action. From isolated to universal, international
law can mark feminism and its global manifestation more and more visibly,
which can lead to a universal, universally accepted protection.

Women and International Relations:

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This article offers an appraisal of the role of women in the early development
of the field of International Relations (IR). An emphasis in the Interwar
period is justified by the fact that the end of World War I is conventionally considered
to be an important milestone for that development, although caveats
apply about this milestone’s mythological function. ‘Field’ here relates to both
the respective discipline and discourse, i.e. scientific and intellectual work and
thought produced by the realm of scholars, broadly defined, i.e. including not
just professors but also thinkers or practitioners who engaged in transnational
networks. The Interwar marks the emergence of a multifaceted field which
definitely consisted of International Law and Diplomatic History but also of
problématiques related to (geo)politics and governance.

The Just War Theories with regard to the Slovak Legal History

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In this scientific article, we will draw attention to some justifications of wars
in the Slovak legal history. Marking the period of history of the current state
of the Slovak Republic, there has to be considered that the borders of the state
were changing a lot over time, moreover first it had to be established. It means
that in this article we will talk about the territory where the Slovak Republic
lies now and its surroundings.

The Socio-legal Norms of Islamic Law & International Criminal Justice

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In the context of the lack of a frame of reference of Islamic Law within the
framework of international criminal justice, and given that, as already perceived,
the branch of International Criminal Law is a separate branch of Public
International Law, the legal parameters of both Islamic Law as well as those of
International Criminal Law, can only be studied separately.

International Criminal Law Challenges in the Context of Russian-Ukrainian War

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This paper explores the legal bases of jurisdiction for holding accountable
those responsible for the commission of atrocities in Ukraine, which include
national, universal and international accountability mechanisms. Each mechanism
has its pros and cons and, in that sense, it is argued that no single jurisdictional
basis is sufficient enough to fulfill the ongoing increasing accountability.
This paper also argues that the Ukrainian crisis is a prime opportunity for International
Criminal Court to apply in an effective and comprehensive manner
the “complementarity principle”, identifying all opportunities through which it
could assist the concerned national authorities in support of their proceedings.

A Normative Account of the Armenian Genocide:

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The First World War gave the Committee of Union and Progress (İttihatve
Terakki, CUP), which had recently acquired the monopoly of power in the Ottoman
Empire, a unique opportunity to solve several interconnected problems.
The war presented a valuable opportunity to restore some of the Empire’s former
glory by regaining lost territories while promoting a Pan-Turanist and
Pan-Islamic agenda. The ultimate goal was to establish a genuinely Turkish
national community1 through a war of revenge for the accumulated humiliations
of the past2. More importantly, the war was a crucible for a new international
law born out of abrogating the nexus of treaties that bound the Empire
and fostered European interventionism, including the leonine regime of capitulations3.
Finally, the war and the annulment of prior engagements empowered
domestic elites to set old scores and adopt the measures necessary for a
‘complete and fundamental elimination’4 of the Armenian Question.

Reconsidering Existential Dilemmas:

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Already since its steady codification and formulation as a separate, coherent
branch of international law, international criminal law (ICL) has faced and
is still dealing with critical and transformative challenges. One can indicatively
highlight the expansive tendency of various human rights fora to grant protection
to all individuals, at all circumstances, and their continuing efforts to
further promote and/or enforce the so-called “human right to peace”, which inevitably
reflects at an international criminal level1. The multiple conflicts (e.g.
the 2020/2023 revived Armenia/Azerbaijan saga) and conflict-like situations
(e.g. the 1974 Turkish invasion in and continuing occupation of Northern Cyprus,
the Russian effective control over former soviet states’ territories), and
most prominently the ongoing 2022 Russian (war of) aggression against and
full-scale invasion in Ukraine, are some examples towards this direction. As a
result, the debate on the (in)adequacy of ICL and the “impotence” of the International
Criminal Court to punish all perpetrators for the commission of the
crime of aggression2 and other international crimes committed (separately or
in this context), and to avoid past experiences, has been reinvigorated.

Can we make the Internet “forget” something about us?

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Memories make us who we are. Online memories shape our online existence.
Who has access to our online memories? The International Telecommunication
Union of the United Nations estimates that approximately 5.4 billion
people have used the Internet1. Since the Internet has practically infinite memory,
access to a lot of data could last for a long time and influence the autonomy
of the individual in different ways2. Stedman’s Medical Dictionary defines
human forgetting as “being unable to retrieve or recall information that was once
registered, learned, and stored in short-term or long-term memory.”3 How is this
possible online? Can we make the Internet ‘forget’ something about us? Or our
online memories are part of the ‘digital eternity’?

Aspects du Droit Européen de la Migration et de l’Asile avec Emphase à l’Incertitude

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D’une part, le droit de l’homme à l’asile constitue une garantie reconnue
par la Déclaration universelle des droits de l’homme, la Charte des droits fondamentaux
de l’Union européenne ainsi que la Convention relative au statut
des réfugiés, adoptée le 28 juillet 1951 et souvent désignée par « Convention
de Genève », qui fait du «réfugié» une catégorie juridique à part entière et consacre
le principe fondamental de «non-refoulement». En vertu de la Convention
et/ou à son Protocole de 19672, toute personne qui est susceptible d’être
reconnue comme réfugiée ne devrait pas être renvoyée dans un pays où sa vie
et/ou sa liberté sont menacées et est en droit de déposer une demande d’asile.

Unaccompanied Minors and the Blockchain – GDPR:

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When determining on an asylum application the best interests of the child
must be paramount, as follows by the CRC Committee’s guidance, for all decisions
related to children1. In May 2013, the UN Committee on the Rights of the
Child published General Comment 14 which is associated with the right of the
child to have his/her interests taken as a primary consideration (concept Best Interest
of the Child, BIC). CRC/C/GC/14, along with other considerations, examines
Article 3 CRC as a substantive right, a legal principle, and a rule of procedure.

African Court on Human and Peoples’ Rights Recent Judgments

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The Court was established in June 1998 when the Assembly of the Organisation
of African Unity (‘OAU’) adopted the Protocol to the African Charter on
Human and Peoples’ Rights (‘African Charter’) on the Establishment of an African
Court on Human and Peoples’ Rights (‘Protocol’)1. The Protocol entered
into force on 25 January 2004 and presently has been ratified by only 34 out
of the 55 states that participate in the African Union (‘AU’)2. The Court, which
complements the African Commission on Human and Peoples’ Rights that
was originally created when the African Charter was adopted in 1981, seats
in Arusha, Tanzania. It meets four times a year, each session lasting a month...

Inter-American Court of Human Rights The Right to Know the Truth – Flores Bedregal et al. v. Bolivia

2024-07-23T10:17:39+03:00

On January 20, 2023, the Inter-American Court of Human Rights (hereinafter
IACtHR) published its decision on case Flores Bedregal et al. v. Bolivia. According
to the Court’s verdict, Bolivia is responsible for the enforced disappearance
of Juan Carlos Flores Bedregal that took place on 17 July 1980. The
disappearance occurred during a coup d’état by General Luis García Meza
Tejada. More specifically, military and paramilitary forces attacked and seized
the building of Bolivia’s Trade Union, where the victim was at the time. Everyone
inside the building was forced to exit with their hands up, amidst gunfire.

European Court of Human Rights Transgender Parents before the European Court of Human Rights

2024-07-23T10:20:13+03:00

In the case of O.H. and G.H. v. Germany1, the ECtHR foundthat there had
been no violation of article 8 of the Convention in respect of a transgender parent
who gave birth to a child and alleged that the refusal of national tribunals
to allow him to be recorded as the child’s father violated this provision. In
the case of A.H. and others v. Germany2, the European Courtequally concludedthat
there had been no violation of article 8 in respect of another transgender
parent, who felt that her rights had been breached, because of the refusal
of German authorities to record her as mother on the birth certificate of a
child to whom she had not given birth; the child had been conceived using the
transgender parent’s sperm. Additionally, in both judgments, which were issued
on the same date, the Court declared the applicants’claims under articles
8 and 14 ECHR (alleged discrimination against the applicants) inadmissible, as
they have beenmanifestly ill-founded (article 35 §§ 3 a) and 4 ECHR).