References of "Happold, Matthew 50001940"
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See detailThe ECOWAS Court of Justice as an Investment Tribunal
Happold, Matthew UL; Radović, Relja UL

in The Journal of World Investment & Trade (2018), 19(1), 95-117

This article considers the extent to which foreign investors in Member States of the Economic Community of West African States (ECOWAS) might be able to use the ECOWAS Court of Justice to protect their ... [more ▼]

This article considers the extent to which foreign investors in Member States of the Economic Community of West African States (ECOWAS) might be able to use the ECOWAS Court of Justice to protect their investments against actions of their host States. It does so taking into account the ECOWAS Supplementary Act on Investments and the jurisprudence of the Court of Justice on, in particular, the extent of its substantive jurisdiction. Although it is not suggested that the Court of Justice would be better forum than an international arbitral tribunal, it is argued that it has considerable advantages over national courts. [less ▲]

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See detailWho Benefits from Human Rights Treaties?
Happold, Matthew UL

in Riassetto, Isabelle; Heuschling, Luc; Ravarani, Georges (Eds.) Liber Amicorum Rusen Ergeç (2017)

This chapter examines how the question of whether legal persons (in particular corporations) enjoy human rights has been answered under a number of human rights treaties. Most human rights treaties have ... [more ▼]

This chapter examines how the question of whether legal persons (in particular corporations) enjoy human rights has been answered under a number of human rights treaties. Most human rights treaties have been interpreted as conferring rights upon natural, but not on legal, persons. And most international human rights bodies will only entertain complaints from individuals and not from corporations. But the European Court of Human Rights and the Court of Justice of the European Union have taken a quite different approach from that of other regional and sub-regional courts and the UN Human Rights Committee, viewing corporations as rights-holders under the treaties they administer. They have done so, however, largely on the basis not of any expressed philosophical disagreements but by reference to the relevant treaty texts. Grander arguments have tended to be supportive, even when extensive. This is unsurprising. If such an important distinction is to be made, it should be undertaken by the treaty drafters. But saying that legal persons can be rights-holders under human rights treaties is only a beginning. Corporations are not individuals, even though they can be analogised as such. Which leads back to the original question: when should they benefit from the same rights as individuals? Two issues arise here. The first concerns what rights corporations should enjoy: the second the extent to which they should enjoy them. In contrast to the initial question, these two issues have been left to the judges alone to determine. The justification given by the European Court of Human Rights for precluding governmental bodies or entities from bringing claims is to prevent States parties to the Convention from acting both as applicants and respondents, because it is the State itself which is obliged to guarantee respect for fundamental rights within its territory. Drilling down further, one might say that different categories of entity are holders of rights and bearers of obligations under human rights treaties. Increasingly, given the decline of the State and the rise of the corporation, we are told that human rights should serve directly to regulate corporate behaviour. Might not the same consideration lead to a need to reconsider the circumstances in which it is appropriate for corporations themselves to enjoy such rights? [less ▲]

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See detailEconomic Sanctions and International Law: An Introduction
Happold, Matthew UL

in Eden, Paul; Happold, Matthew (Eds.) Economic Sanctions and International Law (2016)

In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The ... [more ▼]

In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, 'Economic Sanctions and International Law' provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The introductory essay, by co-editor Matthew Happold, provides a legal taxonomy of sanctions measures, providing a general context for the more in-depth contributions of the individual authors [less ▲]

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See detailTargeted Sanctions and Human Rights
Happold, Matthew UL

in Eden, Paul; Happold, Matthew (Eds.) Economic Sanctions and International Law (2016)

This chapter examines the compatibility of targeted sanctions – that is, sanctions directed against specific named persons – with the human rights of those who they target. It addresses both sanctions ... [more ▼]

This chapter examines the compatibility of targeted sanctions – that is, sanctions directed against specific named persons – with the human rights of those who they target. It addresses both sanctions imposed by the United Nations Security Council and other international organisations, in particular the European Union, and individual States. And it does so by looking at the compatibility of such sanctions with procedural and substantive human rights. [less ▲]

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See detailEconomic Sanctions and International Law
Happold, Matthew UL; Eden, Paul

Book published by Hart Publishing (2016)

In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The ... [more ▼]

In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. [less ▲]

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See detailProtection of Persons Fleeing Armed Conflict and Other Situations of Violence Assessing Claims for International Protection under Article 1A (2) of the 1951 Convention and Article 15 of the EU Qualification Directive
Pichou, Maria UL; Happold, Matthew UL

Book published by Larcier (2016)

This book publishes the contributions to the University of Luxembourg/UNHCR symposium on the legal protection of people fleeing armed conflict and other situations of violence. Assembling a distinguished ... [more ▼]

This book publishes the contributions to the University of Luxembourg/UNHCR symposium on the legal protection of people fleeing armed conflict and other situations of violence. Assembling a distinguished group of judges, scholars and practitioners, the event examined the assessment of claims for international protection in such situations under, respectively, Article 1A(2) of the 1951 Refugee Convention, Article 3 of the European Convention on Human Rights and Article 15(c) of the EU Qualification Directive. Although originally it was hoped that the symposium would also mark the publication of the UNHCR’s Guidelines for the Protection of People Fleeing Violence and Conflict Across Borders, this did not prove possible. Indeed, the Guidelines still remain unpublished, a testimony to the sensitivity of the topic. Nonetheless, the papers contained in this volume demonstrate how much ground was covered during the symposium and how many important issues were discussed. [less ▲]

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See detailProtection européenne et internationale des droits de l'homme
Ergec, Rusen UL; Happold, Matthew UL

Book published by Larcier - 3 ème (2014)

La troisième édition du présent ouvrage fait le point sur l’importance croissante de la protection internationale et européenne des droits de l’homme et son influence sur nos droits et nos lois nationales ... [more ▼]

La troisième édition du présent ouvrage fait le point sur l’importance croissante de la protection internationale et européenne des droits de l’homme et son influence sur nos droits et nos lois nationales, dans les différents domaines de la vie sociale. Après avoir rappelé la genèse et les fondements du droit international des droits de l’homme, l’auteur développe de manière didactique, approfondie et critique le système de protection de l’ONU, le système du Conseil de l’Europe et les autres systèmes régionaux de protection. L’ouvrage intéressera les avocats et les magistrats, spécialisés en matière de droits de l’homme, droit européen et droit international, mais aussi le monde universitaire à travers ses professeurs et ses étudiants. [less ▲]

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See detailThe Protection of Children Against Recruitment and Participation in Hostilities
Happold, Matthew UL

in Proceedings of the 14th Bruges Colloquium: Vulnerabilities in Armed Conflicts (2014)

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See detailObligations of States Contributing to UN Peacekeeping Missions under Common Article 1 of the Geneva Conventions
Happold, Matthew UL

in Krieger, Heike (Ed.) Enforcing International. Humanitarian Law in Contemporary African Conflicts (2014)

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See detailInternational Humanitarian Law and Human Rights Law
Happold, Matthew UL

in Henderson, Christian; White, Nigel (Eds.) Research Handbook on International Conflict and Security Law (2013)

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See detailInternational Humanitarian Law and Human Rights Law
Happold, Matthew UL

in Research Handbook on International Conflict and Security Law (2012)

The nature of the relationship between international humanitarian law and international human rights law remains a vexed one. In recent years, human rights lawyers and activists have sought to apply human ... [more ▼]

The nature of the relationship between international humanitarian law and international human rights law remains a vexed one. In recent years, human rights lawyers and activists have sought to apply human rights norms to military conduct in international and internal conflicts, and during belligerent occupations. With varying degrees of success, complainants have brought their cases before international tribunals, and to national courts able to apply international human rights standards. This development has occurred largely because forums exist to hear human rights claims, whereas they do not for persons claiming individual redress for violations of international humanitarian law. However, human rights norms have also been seen as more restrictive: as placing greater constraints on States' freedom to conduct hostilities, preventively detain, and administer occupied territories. It is for this reason that some States have resisted attempts to extend the reach of international human rights law into areas traditionally seen as governed by international humanitarian law. This chapter argues that principles have now developed to govern the relationship between the two bodies of law. However, their application to different situations remains a work-in-progress and controversies remain. In particular, despite valient efforts, it remains unclear what what happens in situations where the two bodies of law cannot be read together? There are only few rules of norm-conflict resolution in international law, all of which have limited application in the context of the relationship between international humanitarian law and human rights law. Most inconsistencies between the rules of the two bodies of law are not true conflicts at all, as they do not require States to conduct themselves in different ways. It is simply that international humanitarian law is the more permissive system. In such situations, to argue that the two bodies of law are ‘complementary and mutually reinforcing’ is to do little more than issue a policy prescription. In reality, in such cases States have to make a choice as regards which rules they wish to comply (a choice which is likely to be a political one) and take the consequences. There are fundamental incompatibilities between international humanitarian law and human rights law, not only as regards discrete rules but in their theoretical bases. Attempts can be made to reconcile them, to avoid conflicts, but they can only be provisional and on a case-by-case basis. The legal tools available cannot always provide an answer. Absent legislation, conflicts will remain. And in a world of States with differing interests and values, the adoption of new rules governing armed conflict and belligerent occupation will be difficult, if not impossible. One difference between the two bodies of rules, in particular, remains fundamental. Despite developments over past decades which are said to indicate a ‘humanization of humanitarian law’, international humanitarian law, in contrast to human rights law, is not based on an individual rights paradigm. It is this difference, even excluding the differences in the substantive protections accorded individuals under the two bodies of law, which will ensure that individuals continue to bring complaints regarding their treatment in situations of armed conflict before human rights bodies. And even if human rights bodies take the view that States’ human rights obligations in situations of armed conflict are to be interpreted using the yardstick of international humanitarian law, their interpretations of humanitarian law are likely to differ from lawyers advising States’ defence ministries and armed forces, who are likely to continue to be unhappy with such trespasses into what they see as their chasse gardée. [less ▲]

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See detailThe “Injured State” in Case of Breach of a Non-Proliferation Treaty and the Legal Consequences of Such a Breach
Happold, Matthew UL

in Joyner, Daniel; Roscini, Marco (Eds.) Non-Proliferation Law as a Special Regime (2012)

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See detailThe Energy Charter Treaty
Happold, Matthew UL; Roe, Thomas

in de Brabandere, Eric; Gazzini, Tarcisio (Eds.) International Investment Law: The Sources of Rights and Obligations (2012)

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See detailReviewing the Security Council: The Role of Other International Organisations
Happold, Matthew UL

in University of Luxembourg Law Working Paper No. 2011-04 (2011)

The recent activities of the Security Council of the United Nations with regards to Libya have highlighted once again how extensive its powers are. Acting under Chapter VII of the Charter of the United ... [more ▼]

The recent activities of the Security Council of the United Nations with regards to Libya have highlighted once again how extensive its powers are. Acting under Chapter VII of the Charter of the United Nations, the Council has imposed an arms embargo, frozen Libyan assets, referred the situation to the International Criminal Court, ordered a ‘no-fly zone’ and authorized the use of force short of occupying the territory to enforce it and to protect the civilian population. But, of course, ‘For unto whomsoever much is given, of him shall be much required’ or, to put it in contemporary idiom, ‘With great power comes great responsibility.’ Although we might agree that the Security Council is justified in acting to prevent a humanitarian catastrophe, the powers it disposes can be used for both good and ill. So what happens if and when the Council’s great powers are exercised irresponsibly? This paper examines two issues. The first is whether the Security Council is legibus solutus: that is, unbound by law. This examination, however, is only be preliminary to the second inquiry, which will consider which bodies are entitled to review the Security Council’s decisions to determine their vires and what, if they conclude that the Council has exceed its powers, they can do about it. Given that today all but one or two provocateurs consider that the Council is not legally unbound, one might consider that absent some body external to the Security Council willing and able to act to scrutinize its actions to review their conformity with the Council’s legal powers, whether the Council will step outside of the limits of legality depends solely on the Council itself; a situation would render any legal limits to its powers illusory. Debate, in this context, has tended to focus on judicial review; on whether the Council’s actions can be reviewed by some court or tribunal. At first, it was the role of the International Court of Justice that was scrutinised. More recently attention has shifted to look at other courts and tribunals, both national and international. However, as will be shown, judicial review of the Security Council’s actions cannot serve as a means to control the Council. The International Court of Justice will not, and other courts and tribunals cannot, effectively undertake such a task. However, another option does exist: review by the United Nations member States themselves. It will be argued that the practice of States shows that there are limits to the power of the Security Council, and that States frame those limits in legal terms. States have asserted a ‘right of last resort’ to review the legality of Council decisions and to act accordingly. In particular, they have done so acting collectively through the political organs of international organisations. [less ▲]

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See detailSettlement of Investment Disputes under the Energy Charter Treaty
Happold, Matthew UL; Roe, Thomas

Book published by Cambridge University Press (2011)

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See detailChildren Participating in Armed Conflict and International Criminal Law
Happold, Matthew UL

in Human Rights and International Legal Discourse (2011), 5

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See detailChildren Participating in Armed Conflict and International Criminal Law
Happold, Matthew UL

in Human Rights and International Legal Discourse (2011), 5

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See detailChild Prisoners in War
Happold, Matthew UL

in Scheipers, Sibylle (Ed.) Prisoners in War (2010)

The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ... [more ▼]

The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ensuing legal and political problems concerning detainees in those conflicts. This book analyzes these contemporary problems and challenges against the background of their historical development. It provides a multidisciplinary yet highly coherent perspective on the historical trajectory of legal and ethical norms in this field by integrating the historical analysis of war with a study of the emergence of the modern legal regime of prisoners in war. In doing so, it provides the first comprehensive study of prisoners, detainees and internees in war, covering a broad range of both regular and irregular wars from the crusades to contemporary counterinsurgency campaigns. The book revolves around two major developments: First, there has been a continuous increase in the political relevance of prisoners in war, in particular since the emergence of POW camps in the nineteenth century. Secondly, and related, the growth in the legal regime pertaining to prisoners had contradictory consequences. Whilst it enhanced the protection of prisoners in regular conflicts, its state-centric bias tends to exclude combatants who do not fit the template of regular inter-state war. Detainees in the 'war on terror' embody both tendencies, the development of which, however, is by no means a novel phenomenon. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War. [less ▲]

Detailed reference viewed: 94 (2 UL)