Homophobic bias in conditions for donating blood Prohibitions and restrictions on donating blood continue to affect homosexual males around the world. Why it is high time for future legal innovations to change the approach to this delicate matter. Francesco Schmidt • January 17, 2020 • 3 comments
The impact of tightened counter-terrorism policies on humanitarian action When the line between terrorism and armed conflict is blurred and when the enemy becomes a terrorist, humanitarian action is most at stake. How exactly does this recent tendency to tighten counter-terrorism policies impede the work of the ICRC? Merve Çavuşoğlu • January 10, 2020 • 2 comments
The fallacy of reactive regulation: AI bias as an unchecked tool of systemic oppression The rapid integration of new artificial intelligence systems into our lives has raised a number of grave human rights concerns. A proactive regulatory framework is necessary to address the potential for profuse systemic bias in these systems. Waruguru Gaitho • January 08, 2020 • 1 comment
A run on the Bank(ović): 18 years later, will the court provide clarity in Hanan v. Germany? With the pending case of Hanan v. Germany, the Grand Chamber has the opportunity to consider anew whether airstrikes fall within the jurisdiction of the Convention, and clarify – once and for all – that Member States cannot do abroad what they cannot do at home. Katie Pentney • January 06, 2020 • 1 comment
“Free the MEPs” Roars the Court of Justice? In its Junqueras judgment, the European Court of Justice resorted to the principle of representative democracy to protect European parliamentary rights from national law. Nathan de Arriba-Sellier • December 20, 2019
The myth of bioplastics Many companies have discovered that making their products sustainable is a unique selling point and good for PR. Some are eager to promote bioplastics as being more sustainable. Often this is not the case. Thomas Meekel • December 16, 2019
Arbitrability of competition claims in China – A case study of the EU, US and China Both China’s arbitration law and competition law were derived from western jurisdictions around 10 years ago. In recent years, arbitration has become the preferable forum as an alternative to litigation in China. Siyou Zhou • December 16, 2019 • 5 comments
Disembarking the opposition to a relocation scheme for the Mediterranean Proposals for a temporary disembarkation mechanism for migrants rescued in the Mediterranean have fallen on deaf ears in most EU Member States. A common scheme should instead be embraced as a first step towards an EU approach to disembarkation. Henriet Baas • December 12, 2019
Pilate washes his hands. The CJEU misses an opportunity to rule on pre-trial detention The very recent ruling of the CJEU in DK (C-653/19 PPU, 28 November 2019) confirms the limited applicability of Directive 2016/343 on the presumption of innocence and fails to deal with overuse of pre-trial detention across the EU. Adriano Martufi and Christina Peristeridou • December 11, 2019