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This chapter delivers an account of the way in which the engagement between States and the United Nations human rights treaty bodies plays a clear, but often overlooked, role in shaping customary international law. It proceeds from the accepted notion that international organisations contribute to international law-making in a number of ways. It argues that the responses by States to human rights treaty body interpretations support a conclusion that treaty bodies can, and do, contribute to the development of customary international law through their relationships with States parties. As a starting point, this chapter delivers an account of the treaty bodies as primary interpreters of human rights treaties and contributors to the development of human rights law followed by consideration of the prohibition against torture as a human right that is also recognised as a customary rule of international law. While it is clear that the core prohibition against torture is undoubtedly recognised in customary international law, the analysis demonstrates that further dimensions of the prohibition reflecting treaty body interpretations are on the horizon.
On June 19, 2024, the Anti-Money Laundering Regulation (“AMLR”), the Regulation establishing the Anti-Money Laundering Authority (“AMLAR”), and the Sixth Anti-Money Laundering Directive (“AMLD6”) were published in the Official Journal of the EU, signaling a significant shift in the institutional and substantive architecture of anti-money laundering (“AML”) frameworks within the Union. More than simply enhancing existing rules, the new regime introduces innovative solutions to address persistent deficiencies in previous AML/CFT frameworks, particularly the fragmentation across Member States. A notable innovation is the extension of the AML regulatory framework to the professional football sector, which has become increasingly vulnerable to illicit financial activity due to its complex organisation, large financial flows and opaque ownership structures. As a result, professional football clubs and football agents are now subject to AML requirements, including customer due diligence, transaction monitoring and reporting suspicious transactions. This article examines the recently introduced AML obligations for the football sector, navigating the complex regulatory framework and mapping out the underlying requirements. The aim is to increase awareness and understanding of these obligations, thereby aiding football clubs and agents in complying with them and ensuring the integrity of the European football industry.
The book offers a new theoretical perspective on the relationship between market regulation and private law in the face of contemporary challenges, such as climate change, the digitalisation of the marketplace, and growing inequality in society, with significant practical implications for a wide range of areas. It focuses on European private law to explore the uneasy interplay between the instrumental public regulation of economic activity and traditional, interpersonal justice-oriented private law in the multi-level and heterarchical legal order of the European Union (EU). By drawing together different elements of what are at present often disparate discourses of market regulation and private law, the book develops an integrated analytical framework that could help us better understand the interaction between the two. The central argument advanced in the book is that market regulation and private law are two sides of the same coin that can be reconciled with each other.
The continued applicability of international human rights law in situations of armed conflict entails that the right to mental health also applies. It is therefore crucial to examine how human rights supervisory mechanisms engage with this right in such contexts. Building on this premise, the present paper investigates how United Nations treaty bodies address mental health in conflict and post-conflict settings in their Concluding Observations. The study is based on a textual analysis of these documents conducted through the Universal Human Rights Index database. The findings reveal that most recommendations contained in the Concluding Observations call for particular attention to the mental health of children, especially child combatants, and of women, particularly those who are victims of sexual and gender-based violence. In terms of action required, they emphasize the need to ensure the availability and accessibility of mental health and psychosocial support services to persons affected by conflict.
This article examines the rise of conspiratorial thinking in wartime Russia as a response to a deeper collective anxiety – not merely the replacement of people, but the erasure of narrative agency. While the Russian version of the ‘Great Replacement’ echoes familiar Western themes such as elite betrayal, cultural erosion, and demographic decline, its central concern shifts towards symbolic displacement. Drawing on Mark Sedgwick’s interpretation of the Great Replacement as a stable narrative structure and J.V. Wertsch’s concept of narrative as a cultural tool, this article argues that conspiracy operates here as a means of reclaiming authorship in a national story whose core meanings have grown unstable. The analysis draws on social media discourse, pro-war commentary, volunteer statements, and nationalist media, showing how anxieties are shaped through emotionally resonant storylines of betrayal and erasure. Yet the reassertion of control paradoxically intensifies fragmentation, turning the Great Replacement into a narrative of narrative disappearance – where the gravest loss is not demographic, but symbolic.
Treaties are the most visible, some would even say the ‘main source of international law’. This is true not only at the global level, but even more so in Europe. However, these treaties hardly explain the idiosyncratic, sometimes exceptionalist ways in which international law is identified, interpreted, and applied in this region. Still less do they explain the disproportionate normative influence of European legal rules outside Europe. Attributing these particularities and imbalances to ‘eurocentrism’ in international law is considered almost a truism these days. Yet, when examining how the European legal tradition translates into positive international law one category of rules has received little attention so far: the unwritten European rules that are resorted to within and beyond Europe. The idea of ‘unwritten’ European rules is not only historically charged but also conceptually vague. However, this article argues that a close analysis of their role is central to both understanding and overcoming the persistence of ‘eurocentrism’ in international law. To demonstrate this claim, the article introduces the term ‘unwritten’ European rules in international law. A historical section illustrates their ambivalent role since the beginning of the nineteenth century. It then analyses the continuing relevance of unwritten European rules in contemporary legal practice. The final section discusses how a common framework of secondary rules can help to distinguish between hegemonic and integrative uses of unwritten European rules, before concluding.
Investment facilitation is an increasingly important policy tool to promote foreign investment. However, we know very little about its prevalence. This paper introduces a new dataset for measuring the adoption of investment facilitation measures at country level. The Investment Facilitation Index (IFI) covers 101 measures, grouped into six policy areas, and maps adoption across 142 economies. The paper outlines the conceptual and methodological framework of the IFI, analyses the current levels of adoption, and demonstrates the index’s robustness. The data show that economies with lower adoption rates typically belong to the low-income or lower-middle-income groups, often located in Sub-Saharan Africa, Latin America and the Caribbean. This dataset serves as a benchmark for assessing the design and impact of international agreements, such as the Investment Facilitation for Development Agreement (IFDA). It can also support the IFDA implementation by guiding domestic assessments of technical assistance needs and capacity development.
How do feminists, as lawyers and activists, think about, and do law, in a way that makes life more meaningful and just? How are law and feminism called into relation, given meaning, engaged with, used, refused, adapted and brought to life through collaborative action? Grounded in empirical studies, this book is both a history of the emergence of feminist jurisprudence in post-colonial India and a model of innovative legal research. The book inaugurates a creative practice of scholarly activism that engages a new way of thinking about law and feminist jurisprudence, one that is geared to acknowledge and take responsibility for the hierarchies in Indian academic practices. Its method of conversation and accountability continues the feminist tradition of taking reciprocity and the time and place of collaboration seriously. By bringing legal academics and sex worker activists into conversation, the book helps make visible the specific ties between post-colonial life and law and joins the work of refusing and reimagining the hierarchical formation of legal knowledge in a caste-based Indian society. A significant contribution to the history and practice of feminist jurisprudence in post-colonial India, A Jurisprudence of Conversations will appeal to both an academic and an activist readership.
Consent has been celebrated as a guarantor of liberty and self-determination; however, its history suggests a different meaning. In this book, Sonia Tycko reconstructs the coercive role of contracts in early modern English labor. The long-term, long-distance, and high-risk nature of pauper apprenticeships, transatlantic indentured servitude, military conscription, and prisoner of war labor drove some English people to develop consent into a tool of labor coercion. Coercion could constitute valid consent for people whose social position, age, and gender fit the profile of natural laborers. Many subordinates experienced consenting – or the presumption of their consent – as a form of acceptance of, or even submission to, their position. This book reveals that early modern labor was one of the fields in which ideas of freedom of contract, voluntariness, and enticement developed.
The study of legal change at local levels in this forum opens new windows onto the legal landscape, especially because they explore ground-level legal change that reveals far more innovative and incremental shifts in law and legal understanding than is visible at higher altitudes.
This article reviews Martti Koskenniemi’s To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300–1780, Dannelle Gutarra Cordero’s She Is Weeping: An Intellectual History of Racialized Slavery and Emotions in the Atlantic World, and James Q. Whitman’s From Masters of Slaves to Lords of Lands: The Transformation of Ownership in the Western World. These authors raise fundamental questions about what was going on and what was or is at stake in the legal theorizing, argumentation, and adjudication that characterized the immediate prehistory of the nascent US constitutional order.
In Türkiye Halk Bankasi A.S. v. United States, the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal prosecutions of foreign state instrumentalities. The Court found that FSIA’s text and structure address only civil actions. On remand, the Second Circuit ruled that Halkbank lacked common-law immunity from criminal prosecution, deferring to the Executive Branch’s decision to prosecute and concluding that state-owned corporations enjoy no immunity for commercial activity under common law. The court’s analysis relied primarily on pre-1976 U.S. cases rather than international law. The Supreme Court denied certiorari in October 2025, ending the immunity dispute.