Bliainiris Éireannach an Dlí Idirnáisiúnta The Irish Yearbook of International Law Volume 13, 2018

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. 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. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a symposium on law and peacekeeping, and an article on the rights of migrants and refugees under the ECHR from Judge Paulo Pinto de Albuquerque. Table of Contents Editorial Articles The Rights of Migrants and Refugees under the European Convention on Human Rights: Where are we now? I. Introduction II. Articles 3 and 5: Prohibition of Torture and Ill-treatment and Right to Liberty III. Article 8: Right to Respect for Private and Family Life IV. The Prohibition of Arbitrary Expulsion and Collective Expulsion V. Conclusion Symposium Issue on Law and Peacekeeping Introduction I. Introduction II. The Defence Forces and Peacekeeping III. EUFOR and UN intervention in Chad 2008 IV. Current Challenges for Irish UN peacekeeping V. Conclusion Gender Planning for Peace and Security: Re-orienting National Action Plans Acknowledgements I. Introduction II. Gender Planning for Development III. Gender Planning for Peace and Security IV. Applying the Framework: a Critical Review of Asia-Pacific NAPS-WPS V. Conclusion: Addressing the Gender Gap in Peace and Security Planning EU Navfor Med Operation Sophia – An impossible challenge? I. Introduction II. Operation SOPHIA – An Impossible Challenge? III. From Search and Rescue to Maritime Security Capacity Building IV. Conclusion Arise, Sleeping Beauty: What PESCO means for Ireland I. Introduction II. The Development of PESCO and the CSDP III. Domestic Irish Context IV. Benefits of PESCO for Ireland and the Irish Defence Forces V. Conclusion The Human Rights Jurisdictional Reach – A New Entry Point in Peace Operations – An Operational Perspective I. Introduction II. Human Rights and Peace Operations III. Understanding the Threshold Criterion of 'Jurisdiction' IV. Exceptional Circumstances V. 'Particular Facts' VI. Respecting the Entry Point VII. Operationalisation Correspondent Reports Human Rights in Ireland 2018 I. Legislative Developments II. Human Rights in the Superior Courts III. Ireland before the European Court of Human Rights IV. Other Developments Ireland and International Law 2018 I. Brexit II. International Agreements III. Diplomatic Matters IV. Foreign Policy, Bilateral Relations, Consular Services and the Diaspora V. Foreign Conflicts and International Terrorism VI. Peace Support Operations VII. Human Rights VIII. Overseas Development Aid and Humanitarian Assistance Ireland and the European Union 2018 I. Brexit and Ireland in 2018 II. Ireland and the European Union 2018 III. Conclusion Human Rights in Northern Ireland 2018 I. Brexit and Human Rights in Northern Ireland II. The Renewable Heating Inquiry (RHI) III. Dealing with the Past IV. Statute of Limitations V. Inquiries Act 2005 VI. The Right to Life VII. Right to Liberty VIII. Freedom From Torture, Inhuman and Degrading Treatment IX. Conclusion Book Review John Stanley, Immigration and Citizenship Law (Dublin: Round hall – Thomson Reuters, 2017) Documents 17 May 2018 Security Council open debate on ‘Upholding International Law within the context of the maintenance of international peace and security’: Statement by Ireland 17 May 2018 Statement by Minister of State Cannon T.D. on the
‘Hooded Men’ case 17 May 2018 Minister of State Cannon T.D. speech on the Council
of Europe’s response to current and potential challenges 29 May 2018 The Government’s role in and cooperation with Stormont House Agreement Institutions and legacy inquests 13 September 2018 Speech by Minister Denis Naughten T.D. “The Investor Agenda: Accelerating Action for a Low-Carbon World”
Global Climate Action Summit, San Francisco 29 September 2018 Speech by Tánaiste and Minister for Foreign Affairs &
Trade Simon Coveney T.D. to the General Assembly of the United
Nations, New York 23 October 2018 Statement to Sixth Committee, UNGA 73, on Part 1
of the ILC Report relating to the Commemoration of the ILC’s
70th Anniversary, Subsequent agreements and subsequent practice,
Identification of customary international law and Other decisions
and conclusions of the Commission 26 October 2018 Statement to Sixth Committee, UNGA 73, on Part 2
of the ILC Report relating to Provisional
application of treaties 31 October 2018 Statement to Sixth Committee, UNGA 73, 31 October 2018 on Part 3 of the ILC Report relating to Immunity of State officials from foreign criminal jurisdiction 21 November 2018 Statement by Tánaiste at Dáil Debate on Brexit Withdrawal Agreement—Department of Foreign Affairs and Trade