Featured articles by staff, students, guests, professors, and any posts that are not “daily news digest”
In my last post about the Enrica Lexie incident, I stated that under the United Nations Convention on the Law of the Sea (UNCLOS), Italy had excusive jurisdiction over the Italian military personnel who allegedly killed two Indian fishermen mistaking them for pirates. Roger Philips at Communis Hostis Omnium rightly pointed out that the Convention … Read more
A dramatic story of death at sea has recently ignited both the Indian and Italian press. The story has yet to reach the United States, but it has all the makings of a headline-maker. Two Italian military personnel, operating as armed guards aboard the merchant vessel Enrica Lexie, are being investigated for the murder of … Read more
A report released today by the Ved Nanda Center for International and Comparative Law found that the government of Bahrain is continuing to prosecute civil society leaders in violation of international law and the recommendations of a government-appointed human rights commission. The trial of human rights attorney, Mohammad al-Tajer, is scheduled for February 7th while … Read more
By: Sara Tracy-Ruazol On January 13, the Italian Cruise ship Costa Concordia ran aground when it hit a reef off the western coast of Italy, near the island of Giglio. The collision left a 300-foot-long gash in the ship’s hull, causing the ship to list and eventually partially sink into the sea. As of this … Read more
Last Wednesday Judge Meron at the Rwanda International Criminal Tribunal lowered the sentence of the leader of Rwanda’s genocide. Here is a link to an article on the decision. Colonel Theoneste Bagosora was alleged to be the person who made the decision to commit genocide against the Tutsis and set about planning and preparing for … Read more
An oft-stated axiom of international humanitarian law is that civilians can never be targeted in armed conflict, enshrined by rules 48, 51(2) and 52(2) of Additional Protocol I to the Geneva Conventions. The International Committee for the Red Cross study of customary law affirms that under customary law civilians can not be targeted. However, the United … Read more
The View From Above’s core mission is to engage with professors, students, and practitioners of international law in an ongoing conversation about timely developments in international law and policy. To further that mission, we are proud to present “The Agitator,” a new feature from TVFA. Each week, The Agitator will advance a controversial, unpopular, or … Read more
Without consultation with indigenous peoples, and very little with civil society, the World Bank is proposing a new financing instrument that could have dramatic, devastating, and irreparable effects on indigenous lands and resources. The Bank’s proposed “Program for Results” (P4R) would provide few protections for indigenous rights, and avoid implementation of many rights that indigenous … Read more
OK, so this is written like a research project, but, hey, I’m the FCIL Librarian. Comparative law raises many issues, and this comment is not meant to be a complete exploration of all the possible issues raised in comparing Australian and US laws, but given the common law heritage of the United States and Australia, … Read more
Despite the fact that I am a law student with an Evidence final tomorrow, I had to take a minute and write about a development that would be hilarious if it were not so damaging. At the 31st International Conference of the Red Cross and Red Crescent in Geneva, members of the ICRC discussed whether … Read more
The Denver Journal of International Law & Policy is one of the oldest international law journals in the United States and is ranked internationally. It is managed and edited by students at the University of Denver Sturm College of Law.
