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  • 1.
    Eriksson, Maria
    Faculty of Law, Stockholm University, Stockholm, Sweden .
    The prevention of human trafficking: regulating domestic criminal legislation through the european convention on human rights2013In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 82, no 3, p. 339-368Article in journal (Refereed)
    Abstract [en]

    The article displays how human rights law is extending into the sphere of domestic criminal law, as seen through the approach to human trafficking by the European Court of Human Rights. The Court is increasingly demanding the criminalisation of harmful acts to prevent harms and to protect potential victims. The content of domestic laws is also progressively subject to evaluation of the Court, in line with its development of placing positive obligations on states to protect individuals from harm perpetrated by private actors. Human trafficking is an example where the Court has not only found the crime to fall within the ambit of Article 4 of the European Convention on Human Rights, which prohibits slavery, forced labour and servitude, but through case law has concretised various positive obligations for states. These include adopting effective criminal laws that cover the acts included in human trafficking. Such laws must be clear and not open to various interpretations. If the law is similar to that of the Palermo Protocol, it is considered effective. However, it is indicated that other constructions may also reach the required level of effectiveness. It is submitted that the methodology of the Court in delineating state obligations is flawed in that the Court demands effective laws but does not clarify what ’effectiveness’ entails. The casuistic style of the Court negates its increasingly outspoken goal of developing the rules of the Convention for all Member States. The rather broad margin of appreciation of states in formulating domestic criminal laws conflicts with the demands of ’effectiveness’ in protection.

  • 2.
    Johansson, Märta C.
    Örebro University, School of Law, Psychology and Social Work.
    Kosovo: Boundaries and the Liberal Dilemma2004In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 73, p. 535-549Article in journal (Refereed)
    Abstract [en]

    A common position adopted by international lawyers on State borders is that they should be changed as little as possible, as allowing too much scope for changes to borders risks opening up a Pandora’s box of unending claims. The liberal position on international boundaries posits that the location of a State’s external boundaries matters little anyway, as the liberal State can function within any borders. The article attempts to provide a critique of these positions, and argues that another approach to borders, and particularly to boundaries at the dissolution of States, is needed. The liberal assumption does not adequately respond to boundary changes in non-liberal States. Differences between borders, and the importance attached to these differences in different contexts, have attracted little attention by international lawyers. Because the same solution often tends to lead to different results in different contexts, attempting to apply Public International Law rules, such as a modern version of uti possidetis, to boundaries in all cases of State dissolutions and new State formations, forms not only an insufficient response, but might in fact risk contravening obligations under the UN Charter to maintain international peace and security. The conflicts over the republican boundaries of the Socialist Federal Republic of Yugoslavia (SFRY) in the early 1990s exemplify that an automatic conversion of federal boundaries into international ones risks undermining long-term peaceful solutions. The final status of Kosovo, and the issue of its borders, remains a challenge for the international community. In light of the recent tensions in Kosovo existing territorial and political assumptions need to be reexamined, in order that the solution adopted for the territory accord with international obligations set out under the UN Charter.

  • 3.
    Nergelius, Joakim
    Örebro University, School of Law, Psychology and Social Work.
    EU constitutional law - an introduction, A. Rosas and L. Amati2012In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 81, no 2, p. 249-253Article, book review (Other academic)
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