The Irish Yearbook of International Law, Volume 15, 2020 Volume 15, 2020

Description

The Irish Yearbook of International Law supports research into Ireland’s practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law. Table of Contents Contributors Editorial Articles Military Assistance and State Responsibility for 'in Bello' Violations during Non-international Armed Conflicts I. Introduction II. State Responsibility for in Bello Violations III. Responsibility for the Breaches Arising from Military Assistance IV. Empirical Test: Lessons from Syria V. Concluding Remarks Due Diligence in International Law: Cause for Optimism? I. Introduction II. Early Impact of Due Diligence III. Lessons from Environmental Law and the Law of the Sea IV. Violence against Women: Due Diligence and the Public/Private Divide V. Implications of Using Due Diligence as a Tool for Expanding the Scope of Obligations VI. Conclusion: Optimism? The Fine Line between Non-international Armed Conflicts and Internal Disturbances and a Call for the Revival of the Concept of 'Fundamental Standards of Humanity' I. Introduction II. Deciphering the Difference between Non-international Armed Conflicts and Internal Disturbances III. Revival of the Concept of 'Fundamental Standards of Humanity' IV. Conclusion Correspondent Reports Human Rights in Ireland 2020 I. Human Rights in the Superior Courts II. Ireland before the European Court of Human Rights Ireland and International Law 2020 I. COVID-19 II. Brexit III. United Nations Security Council Elections IV. International Agreements V. Foreign Conflicts and Controversies VI. International Human Rights Mechanisms VII. International Disarmament VIII. Climate Change IX. Peace Support Operations X. International Development and Diaspora Affairs Irish State Practice on the Law of the Sea 2020 I. Introduction II. Marine Spatial Planning III. Marine Living Resources IV. Fisheries V. Territorial and Maritime Delimitation Disputes VI. Marine Scientific Research VII. International Whaling Commission VIII. Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 IX. Sea Level Rise in Relation to International Law X. Achill Island Sea Salt Ireland and the European Union 2020 I. Overview II. Preliminary Rulings in 2020 III. Conclusion Human Rights in Northern Ireland 2020 I. COVID-19 and Its Impact on Human Rights in Northern Ireland II. The Withdrawal Agreement and the Ireland/NI Protocol III. Dealing with the Past IV. Right to Life V. Freedom from Torture, Inhuman and Degrading Treatment VI. Freedom from Slavery VII. Right to Liberty and Security of Person VIII. Right to a Fair Trial IX. Right to Private Life X. Freedom of Religion and Belief, Expression, Association and the Right to Participate in Public and Political Life XI. Right to Health XII. The Right to Education XIII. Equality and Non-discrimination XIV. Social Rights XV. Conclusion Book Reviews Lori Allen, A History of False Hope: Investigative Commissions in Palestine (Redwood City, CA, Stanford University Press, 2020) Ntina Tzouvala, Capitalism as Civilisation: A History of International Law (Cambridge, Cambridge University Press, 2020) James Upcher, Neutrality in Contemporary International Law (Oxford, Oxford University Press, 2020) Morten Bergsmo, Wolfgang Kaleck and Kyaw Yin Hlaing (eds), Colonial Wrongs and Access to International Law (Torkel Opsahl Academic EPublisher, 2020) I. Introduction II. Confronting Colonial Histories III. The Road to Redressal IV. Conclusion