This paper attempts to deconstruct the free speech defense of the publications of cartoons offensive to many Muslims in Denmark and elsewhere in Europe in order to highlight the deep philosophical tensions between the characterizations of religion and race, between free speech and hate speech, and between the freedoms of expression and of religion. A scrutiny of the jurisprudence of the European Court of Human Rights (“ECtHR”) reveals the difficulties inherent in defining permissible limits on expression, particularly as it involves the identification and prioritization of interests that are worthy of protection under a state's law. The struggles over the characterization of certain interests as fundamental rights, in turn, raise questions over the ‘fundamental-ness' of rights and the valuation of foundational social and political values that the rhetoric of rights presumes as incontrovertible. This study seeks to advance the argument that fundamental rights, such as the freedom of expression, are legal constructs whose value is contingent on the ends they are employed to serve in a given socio-political environment. While the contingency of fundamental rights is palpable in debates over their definition and over what they include or exclude, it is most clearly visible in the clash of fundamental rights, in particular the freedoms of expression and religion.

The Fundamentalism of Liberal Rights: Decoding the Freedom of Expression Under the European Convention for the Protection of Human Rights and Fundamental Freedoms

NOTE Symbols of United Nations documents are composed of capital letterscombinded with figures. Mention of such a symbol indicates a reference to a United Nations document. iii Foreword The 1982 United Nations Convention on the Law of the Sea sets out the legal framework within which all activities in the oceans and seas must be carried out. The Convention, in its Preamble, recognizes \" the desirability of establishing [...] a legal order for the seas and oceans which will [...] promote [...] the study [...] of the marine environment \". Part XIII of the Convention is entirely devoted to the subject of marine scientific research. The General Assembly of the United Nations has consistently highlighted the importance of marine science for eradicating poverty, contributing to food security, conserving the world's marine environment and resources, helping to understand, predict and respond to natural events and promoting the sustainable development of the oceans and seas. One of the tasks of the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, is to assist States in the uniform and consistent application of the Convention, including through the preparation of relevant publications. In this connection, the Division has revised the United Nations publication, produced in 1991, entitled \" Marine Scientific Research: A guide to the implementation of the relevant provisions of the United Nations Convention on the Law of the Sea \". In this work, the Division was assisted by a Group of Experts which met at United Nations Headquarters in April 2009 for this purpose. The present Guide, among other things, includes practical guidance on the implementation of the provisions of the Convention relating to marine scientific research based on the outcome of the meeting of the Group of Experts. The 1991 Guide \" Marine Scientific Research: A Guide to the implementation of the relevant provisions of the United Nations Convention on the Law of the Sea \" advises States of the means by which articles in the Convention could be implemented by coastal and researching States. It has proven useful in implementing the marine scientific research regime as contained in the Convention. However, in almost two decades, several trends have become apparent that suggested a need to reassess the Guide. Of particular importance are trends in marine data acquisition, marine data dissemination, and the emergence of large-scale, international collaborative programmes. With regard to marine data acquisition, marine …

Law of the Sea

The applicant had been arrested in 1997 on suspicion of carrying out a number of armed robberies on mini-cab drivers. He agreed to participate in identification parades but failed to attend on the day on which they were due to take place. Instead he sent a doctor’s note stating that he was too ill to go to work. The parades were rearranged and notice to that effect was sent to the applicant’s home address. The applicant did not attend the rearranged parade, stating that he had not received notification as he had changed address. A further robbery then occurred for which the applicant was arrested. The applicant again agreed to stand on an identification parade, but again failed to attend on the day that it was to take place. Following this failure to attend two more robberies were committed with which the applicant was subsequently charged. The mainstay of the prosecution’s case against the applicant would be the ability of a number of witnesses to make visual identifications and for this reason submitting the applicant to an identification parade was of great importance. In light of the applicant’s failure to attend the parades that had been arranged, the police decided to arrange a video identification. Permission to film the applicant covertly for this purpose was sought from the Deputy Chief Constable under Home Office guidelines. The applicant was taken from prison, where he was being detained in relation to another matter, to a police station. Both the applicant and the prison authorities had been informed that this was for identification purposes and further interviews regarding the armed robberies. On arrival at the police station he was invited to participate in an identification parade but refused. The custody suite at the police station was fitted with a camera which was kept running at all times and covered an area in which police officers and other suspects came and went. Before the applicant arrived at the police station an engineer made adjustments to the camera to ensure that clear images were obtained that were suitable for use in a video identification. The footage of the applicant was then used in a compilation with footage of 11 other volunteers who imitated the actions of the applicant. Two of the witnesses who viewed the video compilation picked out the applicant. Neither the applicant nor his solicitor were informed that a tape had been made or used for identification purposes and were, therefore, not given an opportunity to view it prior to its use.

European Court of Human Rights. ECHR 2015/17 Case of Temchenko v. Ukraine, 16 July 2015, no. 30579/10 (Fifth Section).

The ICRC, established in 1863, works worldwide to provide humanitarian help for people affected by conflict and armed violence and to promote the laws that protect victims of war. An independent and neutral organization, its mandate stems essentially from the Geneva Conventions of 1949. Based in Geneva, Switzerland, it employs some 12,000 people in 80 countries; it is financed mainly by voluntary donations from governments and from national Red Cross and Red Crescent societies.

The International Committee of the Red Cross

This new edition has been fully revised to include up-to-date coverage of essential issues of the international law of the sea. Covering a number of new and important issues, such as the headline debate of migrant movement across the seas, and the definition of islands in light of the South China Sea Arbitration, it also includes chapters on conservation of marine living resources and biological diversity, protection of the marine environment, and international peace and security at sea, as well as building further on such topics as the impact of climate change on the oceans. A precise and readable book, with many figures and tables, The International Law of the Sea continues to be the best choice for students wanting to understand the law of the sea.

The International Law of the Sea

There can be no doubt that law exercises many forms of limitation and regulation over the planning and conduct of maritime operations. But it is equally important to recognise that law is also an important weapon in the conduct of maritime operations. This is perhaps most eloquently evidenced in the juxtaposition of two highly influential treatises on the factors affecting the conduct of operations at sea. Alfred Thayer Mahan's classic The Influence of Sea Power upon History (1890)1 is generally considered to be the naval equivalent of von Clausewitz's On War - one of the foundational texts of the discipline, and consequently the subject significant reference, critique and exegesis. The other side of this coin is D P O'Connell's iconic 1975 study The Influence of Law on Sea Power - an overt genuflection to Mahan's classic on maritime strategy. Both scholars - O'Connell as a celebrated scholar of international law who was a Reserve Officer in the RAN, and then the RN; Mahan as an active service US Naval Officer who was also an internationally recognised strategic theorist - were sensitive to the impacts of law upon the projection and use of seapower. O'Connell, for example, describes the role of the Law of the Sea (LOS) and the Law of Naval Warfare (LoNW) in securing the delay imposed upon the German pocket battleship Graf Spee in Montevideo after the battle of the River Plate on 13 December 1939. Clever use of the legal opportunities inherent in the situation allowed for a deception operation and mustering of forces such that Graf Spee was scuttled by her own Ship's Company on 17 December 1939, rather than steamed out to what they thought would be certain destruction at the hands of a (they had been lead to believe) now much stronger British force laying in wait. This was a battle, O'Connell observed, where 'the points of law arising in the situation were weapons in the overall armoury, to be used adroitly in combination with naval force to bring the event to the desired end'. Mahan, as a member of the US delegation to the Hague Peace Conference in 1899, was a decisive influence in the US decision to cast the only negative vote on the proposal to prohibit use at sea of projectiles designed to spread asphyxiating or deleterious gases, which would - in his view - have limited, for no justifiable reason or outcome, the US Navy's ability to threaten, fight and win at sea.

Unmanned Naval Vehicles at Sea: USVs, UUVs, and the Adequacy of the Law

Introduction: Conundrum of New Technologies in the Law of Armed Conflict.- The Legal Challenges of New Technologies: An Overview.- Ethical Challenges of New Military Technologies.- Legal Review of New Technology Weapons.- Where Do Cyber Hostilities Fit in the International Law Maze? Geography, Territory and Sovereignty in Cyber Warfare.- Military Strategic Use of Outer Space.- The Law Applicable to Military Strategic Use of Outer Space.- Nanotechnology and the Law of Armed Conflict.- Anticipating the Biological Proliferation Threat of Nanotechnology: Challenges for international Arms Control Regimes.- Nanotechnology and Military Attacks on Photosynthesis.- Unmanned Aerial Vehicles: Do They Pose Legal Challenges? Examining Autonomous Weapon Systems from a Law of Armed Conflict Perspective.- Unmanned Naval Vehicles and the Law of Naval Warfare.- Conclusion: Challenges of New Technologies for the Law of Armed Conflict.

New Technologies and the Law of Armed Conflict

This article examines the issue of authorisation to use of lethal force under a UN Security Council Chapter VII all necessary means resolution. Because UN-mandated or endorsed forces are regularly confronted by complex operational environments of mixed - often ambiguous - legal nature, it is essential that both the international and domestic legal implications and consequences of the use of lethal force are considered when planning and executing such operations. This is important for a number of reasons - not least among them being the legal protections and certainties that individual UN force members are entitled to expect are correctly reflected in their Rules of Engagement (RoE). Through an examination of the scope of SC Chapter VII powers generally - with particular emphasis on the human rights and IHL dimensions of the use of lethal force - the analysis arrives at the conclusion that there are two use of force paradigms governing UN Chapter VII all necessary means mandates. The first is the law enforcement paradigm, which essentially countenances the use of lethal force within the limitations of self-defence. The second is the armed conflict paradigm, where use of lethal force is permitted in wider circumstances. From this point, the article examines which paradigm is at play in a number of specific SC Chapter VII all necessary means mandates, noting that the default position appears to be the law enforcement paradigm. The analysis then concludes by arguing that, for individual UN force members, the consequences and implications of this characterisation are ultimately a domestic legal issue, using one particular domestic legal jurisdiction - Australia - as an example.

The Legal Regime Applicable to Use of Lethal Force When Operating under a United Nations Security Council Chapter VII Mandate Authorising ‘All Necessary Means’

Debate over the interplay between the Law of Armed Conflict (LOAC) and International Human Rights Law (IHRL) is maturing. This article attempts to contribute to this process by focussing more specifically upon the potential operational effects of the paradigmatic blurring which appears to underpin the debate. To this end, the argument looks to the broader issue of paradigmatic purpose, and the more specific issue of ‘proportionality’, as vehicles for pointing out some practical implications which this blurring may hold for military operations.

The Law of Armed Conflict and International Human Rights Law: Some Paradigmatic Differences and Operational Implications

The ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval warfare, and maritime security This article captures how these issues are now being addressed and what other legal questions will likely emerge as the newest technology impacts on one of the oldest bodies of international law

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/E2495EAC259DABF066AAFEF846C26B85/S0020589320000226a.pdf/div-class-title-maritime-autonomous-vehicles-new-frontiers-in-the-law-of-the-sea-div.pdf

Robert McLaughlin

Papers

Unmanned Naval Vehicles at Sea: USVs, UUVs, and the Adequacy of the Law

New Technologies and the Law of Armed Conflict

The Legal Regime Applicable to Use of Lethal Force When Operating under a United Nations Security Council Chapter VII Mandate Authorising ‘All Necessary Means’

The Law of Armed Conflict and International Human Rights Law: Some Paradigmatic Differences and Operational Implications

Maritime autonomous vehicles: new frontiers in the law of the sea