This article explores the rise of the European ‘First Amendment’ beyond national and Strasbourg law, offering a fresh look into the previously under-theorised issue of hate speech in EU law. Building its argument on (1) the scrutiny of... more
This article explores the rise of the European ‘First Amendment’ beyond national and Strasbourg law, offering a fresh look into the previously under-theorised issue of hate speech in EU law. Building its argument on (1) the scrutiny of fundamental rights protection, (2) the distinction between commercial and non-commercial speech, and, finally, (3) the looking glass of critical race theory, the paper demonstrates how the judgment of the ECJ in the Feryn case implicitly consolidated legal narratives on hate speech in Europe. In this way, the paper reconstructs the dominant European theory of freedom of expression via rhetorical and victim-centered constitutional analysis, bearing important ethical implications for European integration.
After a historical overview of prosecutorial policies at Nuremberg and Tokyo tribunals, this article looks at the policy and practice of individual chief prosecutors of the International Criminal Tribunal for the former Yugoslavia... more
After a historical overview of prosecutorial policies at Nuremberg and Tokyo tribunals, this article looks at the policy and practice of individual chief prosecutors of the International Criminal Tribunal for the former Yugoslavia regarding the selection of defendants.
This paper applies English School theory to explain the failure of efforts to establish ecocide as the fifth core international crime in the Rome Statute. It argues that while there is an emerging norm of environmental responsibility in... more
This paper applies English School theory to explain the failure of efforts to establish ecocide as the fifth core international crime in the Rome Statute. It argues that while there is an emerging norm of environmental responsibility in international politics, the way this norm has been codified into laws has been influenced by two, arguably 'stronger' norms: the market and human rights. These two institutions of the international society have constrained the emergence of the norm of environmental responsibility. This has resulted in the establishment of utilitarian and anthropocentric environmental laws, rather than 'ecocentric' laws, as advocated by environmental lawyer Polly Higgins.
This article discusses the necessity for the establishment of an international environmental crime. There is a growing feeling of impunity regarding serious environmental damage resulting from corporate activity. As a response, numerous... more
This article discusses the necessity for the establishment of an international environmental crime. There is a growing feeling of impunity regarding serious environmental damage resulting from corporate activity. As a response, numerous scholars and lawyers advocate for the recognition of an international crime against environment. By analysing the environmental and health consequences of Chevron’s oil activity in Ecuador and the subsequent legal battle, this article highlights the imbalances that exist between multinational corporations (MNCs), states, and individuals regarding access to justice and remedies, and shows how the international legal framework could be described as ‘corporate-friendly’ when it comes to serious environmental damages. It then offers an overview of the opportunities and arguments in favour of a separate international crime.
