Monthly archive September, 2019

Procedural rules in WTO dispute settlement in the face of the crisis of the Appellate Body

1. Introduction In the last years, serious criticisms have paved the way for a profound crisis of the dispute settlement system of the World Trade Organization (WTO).[1] Indeed, the US has been challenging the legitimacy of the Appellate Body case law against the letter and the spirit of the Dispute Settlement Understanding (DSU), at the...

Forthcoming

Intra-party sexual crimes against child soldiers as war crimes in Ntaganda. ‘Tadić moment’ or unwarranted exercise of judicial activism?

1. Introduction Consideration of the especially pernicious consequences of armed conflicts on the life, health and socio-economic conditions of children has elicited a vast literature in diverse fields of social sciences in recent years. International law, and particularly international humanitarian law (IHL), has been at the center of this discussion in light of the pertinent...

The children (and wives) of foreign ISIS fighters: Which obligations upon the States of nationality?

1. Introduction The presence of Foreign Terrorist Fighters (FTFs) in Syria and Iraq triggers a number of questions that States, individually and collectively, do not seem equipped and/or willing to address. One of the most problematic aspects is represented by the claim, eloquently summarized in a famous tweet from President Trump, that there exists an...

War Crimes relating to child soldiers and other children that are otherwise associated with armed groups in situations of non-international armed conflict. An incremental step toward a coherent legal framework?

1. Introduction This essay will explore how a legal and conceptual framework on child soldiers can be built on the loose coordination of different fields of international law, such as international humanitarian law (IHL), international human rights law (IHRL), and international criminal law. It will analyse how effectively such a ‘legal patchwork’ can meet the...