
Konstantinos D. MagliverasUniversity of the Aegean · Department of Mediterranean Studies
Konstantinos D. Magliveras
D.Phil (Oxon)
Comparative institutional aspects of regional human rights courts
Emergence of an African Union legal system (AU law)
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Introduction
Konstantinos D. Magliveras currently works at the Department of Mediterranean Studies, University of the Aegean. His research interests include International Law, Law of Intrernational Organisations, International Criminal Law, Human Rights, Transnational Migration / THB, Arab-Islamic legal affairs and institutions. Presently co-editing a book on regional Human Rights Courts, updating a co-authored monograph on ASEAN, working on a co-edited volume on the emerging African Union legal system.
Additional affiliations
May 2010 - June 2010
June 1998 - September 1998
Education
October 1995 - July 1998
October 1987 - September 1988
Publications
Publications (84)
The article examines the German, European parliament, etc. claim of genocide carried out against Ukrainians during the Soviet Union (Holodomor, 1930s) and the Russian claim that German troops committed genocide during the siege of Stalingrad (1942-3).
This short article explains, from a critical point of view, recent events and developments in securing the establishment and operation of special courts of justice with a criminal law remit in two African states, namely Liberia and the Gambia. The article is part of the author's research in international criminal justice and the problems and challe...
Notwithstanding that the relationship between EU law and international law might be regarded as settled law, the present paper argues that it has still not been determined with the required clarity. There are several issues that should be resolved. More specifically, it is not clear if the EU and its Member States are still subject to all rules and...
This monograph is a detailed analysis of the history, institutional architecture, activities and external relations of the African Union.
Now in its third revised and updated edition, it is the only book that covers exhaustively the African Union as a political, economic and collective security regional organisation.
The monograph includes a lega...
Based on the main principles of the European Union competition law, the article analyzes the relations created between specific groups of regional international organizations, which it considers as being distinct 'markets of regional international organizations'. It also examines the issue of 'market saturation' and how this could materialize in th...
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Greece. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability...
On 16 March 2022, the Russian Federation’s membership in the Council of Europe was terminated with immediate effect on account of its aggression against Ukraine. The purpose of this article is twofold. First, to analyze the content of the suspension and expulsion clause in the Council of Europe Statute (Article 8), to put it into context with three...
In January 2019, governments of several East Mediterranean countries agreed to create a new regional technical intergovernmental organization, the East Mediterranean Gas Forum ( emgf ). Its Statute was signed in September 2020 and came promptly into force in March 2021. The emgf was established at a time when the region’s rivalries, especially unre...
A brief introduction to Greek immigration law
The first purpose of the present paper is to answer the following question: What are autonomous sanctions, which is the rationale behind them and how are they manifested? This is by no means a rhetorical question. The ordinary meaning of the word ‘autonomous’ is to be independent, self-standing, not be reliant on something else. Indeed, the ancient...
The article examines and compares, from a legal/regulatory point of view, the regimes for the management of radioactive waste in Africa and the South Pacific. Due to their vastness, both regions are attractive for dumping/storing radioactive waste. Regarding Africa, the article examines the Bamako Convention (1991), as reinforced by the right to a...
The right to freedom of movement of persons in a state is recognised by article 12 of the African Charter on Human and Peoples' Rights as a fundamental human right but, more generally, freedom of movement is also exercised in the context of continental economic integration, a crucial norm in economic integration projects. Not long after the entry i...
While the OAU Charter did not envisage any sanctions, certain sanctions had to be introduced during its life to deal with pressing matters arising from Member States not observing their duties. On the contrary, the AU Constitutive Act contained various provisions on sanctions from the very beginning, catering for different infractions, effectively...
This paper advances the argument that, with exemption of sex crimes, honour / revenge crimes, etc. invariably people would become criminals because they want to have access to monies, to enrich themselves in an illicit manner. The paper traces the reasons for the creation of the offense of money laundering and the inadequacy of the offense of handl...
The paper discusses the new European Union sanctioning regime for serious human rights violations and abuses, which has been dubbed the ‘EU Magnitsky Act’
The paper discusses the present status of transnational African courts of justice and the severe difficulties associated with upholding the rule of law and the fight against impunity in Africa.
In November 2019, one of the international community’s longest unaccomplished projects was initiated by holding, under UN auspices and at the UN headquarters, the first session of the conference for establishing a Middle EastMiddle East zone free of nuclear weapons and other weapons of mass destructionWeapons of Mass Destruction (WMD). It is too ea...
The article questions whether the Tribunal of the Southern Africa Development Community ( sadc ) ought to have entertained human rights cases given that the sadc Treaty does not endow it with such jurisdiction. It then analyses its demise in 2010, which was prompted by several rulings against Zimbabwe, whose policy of expropriating land without com...
“States have the right, as a matter of well-established international law…to control the entry, residence and expulsion of aliens.” This statement from the European Court of Human Rights in the case of Hirsi Jamaa v. Italy neatly encapsulates the rule of international law that every independent State, as an expression of its sovereignty, is entitle...
This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having...
Following the 2016 referendum, the UK notified its intention to withdraw from the European Union pursuant to Article 50 TEU. Given the political and legal consequences of a much-questioned referendum and the strong opinion of many parts of British society that the UK’s membership should not be terminated, the question arose whether such a notificat...
The main argument of this chapter is that, after many decades of expansion, it is now time for the United Nations conventional human rights system to move into a phase of consolidation and codification. In particular, the chapter advocates that, to ensure the system’s longevity and effectiveness, it is imperative to put in place a consolidated, cod...
The article begins with the presentation of evidence indicating that a number of member states of the League of the Arab States (LAS), namely, Saudi Arabia, Syria, and Libya, have failed to implement women’s rights set forth in the Arab Charter on Human Rights adopted in 2004. Thereafter, it discusses the public perceptions of gender roles in LAS m...
Taking stock of the discussion on the measures to be taken against States not complying with existing obligations in the field of nuclear non-proliferation contained in the Fourth Report on Legal Aspects of the Use of Nuclear Energy for Peaceful Purposes presented by the Committee on Nuclear Weapons, Non-Proliferation & Contemporary International L...
Since 2009, there has been a serious antiparathesis between the African Union (AU) and the International Criminal Court (ICC), which, according to the AU, has principally concerned unjustified ICC prosecutions against African dignitaries. This has led certain African ICC parties to announce their withdrawal from it, while the AU adopted the so-call...
Pursuant to Decision 73/546 adopted in late 2018, the United Nations General Assembly (UNGA) 73rd Session resolved to convene a conference in the course of 2019 on the establishment of a Middle East zone free of nuclear weapons and other weapons of mass destruction (MEZFNWWMD). Decision 73/546 is the latest of several attempts to create such a zone...
This chapter offers an extended overview of the African Nuclear-Weapon-Free Zone, which was created in 1999 when the Treaty of Pelindaba came into force. The author traces the history of the ANWFZ, examines the salient features of the Pelindaba Treaty, and surveys its institutional arm, the African Commission on Nuclear Energy, including its involv...
This chapter examines Article 47 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with amendments. The rationale for the need to have an amendment clause in multilateral conventions is that each treaty has a life of its own and it is highly probable that at some future point circumstances or conditions...
Cambridge Core - Human Rights - Denialism and Human Rights - edited by Moerland Roland
INTRODUCTION
It might sound oxymoronic that the concept of denialism could be applied to, and discussed in, the context of international organisations and institutions. Denialism is understood as a behaviour (or behavioural pattern) which primarily concerns individuals or groups of people. Its content could be extended to additionally cover soverei...
This article examines the reasons and the grounds behind the antiparathesis between the African Union and several of its Member States, on the one hand, and international criminal justice and the International Criminal Court ('ICC'), on the other hand. It also examines the consequences of and responses to this antiparathesis, including the creation...
In September 2014, the Member States of the League of Arab States approved the Statute of the Arab Court of Human Rights finalising a 20-year process to put in place a human rights protection mechanism which resembles mechanisms operating in other regions. This article examines the defunct Arab Charter on Human Rights of 1994, the revised Human Rig...
This chapter examines the context of the Africa-ICC relationship, tracing the roots of the friction between the ICC, and by extension some of its European member states, and the African Union (AU), which has been the voice of those African nations disenchanted, if not outraged, by indictments and prosecutions against African leaders and politicians...
In 2010 the leaders of the Southern African Development Community (SADC) took the contentious decision to suspend its Tribunal, established in 2000, following an important judgment against Zimbabwe. In 2014 a new Protocol on the Tribunal was adopted. The 2014 Protocol is controversial for many reasons. It sets up what is effectively a new judicial...
Parliaments in Africa have traditionally been sidelined with regard to security and peace issues. This article compares the Pan-African Parliament, the parliamentary organ of the African Union, with the Great Lakes Parliamentary Forum on Peace, better known as the Amani Forum, which started as an informal regional network and later developed more f...
For many years now the European Court of Human Rights has undergone various reforms in order to enable it to cope more efficiently and briskly with the large numbers of complaints. Protocols 14 and 15 to the European Convention on Human Rights amend certain procedures of that judicial body. However, aspects of these changes raise concerns that the...
An Arab human rights system remains relatively underdeveloped to this day. On September 7th 2014, the League of Arab States approved the Statute of the Arab Court of Human Rights (ACtHR) finalizing a twenty-year process to put in place a human rights mechanism resembling those operating in other regions such as Europe and the Americas. The focus of...
The adoption of the asean Human Rights Declaration in November 2012 marks the latest addition in the armoury of regional human rights protection. Even though it does not create a treaty based regime, it does incorporate all three ‘generations’ of human rights. The purpose of the present article is to examine the salient features of the Declaration...
Derived from the renowned multi-volume International Encyclo-paedia of Laws, this practical analysis of the structure, compe-tence, and management of the African Union (AU) provides sub-stantial and readily accessible information for lawyers, academ-ics, and policymakers likely to have dealings with its activities and data. No other book gives such...
Abstract This article examines the decision, issued by the Pre-Trial Chamber I of the ICC on 12 December 2011, concerning the failure of the Republic of Malawi to comply with the requests of co-operation that the ICC has extended to contracting parties in relation to the arrest and surrender of the indicted Sudanese President al-Bashir. Faced with...
In recent years the international community has witnessed the denunciation of human rights treaties by a number of States, and increasingly voluble voices can be heard urging withdrawal from the European Convention of Human Rights and the European Union. What provision does international law make for dealing with such eventualities? The focus of th...
This article examines the International Criminal Court's (ICC) role in relation to international crimes allegedly committed in Africa; it considers the difficulties and obstacles that the ICC has encountered in securing the co-operation of not only States Parties but also of non-States Parties which, in certain instances, are mandated to assist it;...
The present article analyzes the African Court of Justice and Human Rights, the proposed “main judicial organ of the African Union”. The African Court of Justice and Human Rights is meant to replace the African Court of Human and Peoples’ Rights and would therefore constitute a unique international judicial body combining the jurisdiction of the ju...
This article reviews the policy that Libya has followed vis-à-vis the countries of Sub-Saharan Africa (SSA) and the African Union (AU) during the last decade. The first part examines Libya's attempt to promote the ‘United States of Africa’ agenda. It analyses the multifaceted role of Libya in the AU and presents her attempts to promote sub-regional...
This article examines the Anglo-American discord generated by the United States' decision in 1950 to introduce a resolution to the fifth session of the United Nations General Assembly, known as the Uniting for Peace Resolution. It is argued that the ensuing conflict between the American and the British views on the Uniting for Peace Resolution was...
The recent inroads made by China in the African continent as a trading partner, investor and donor have been important both in terms of magnitude and pace. Even though for a number of African regimes it signifies increased bargaining power, the growing Chinese presence in Africa was greeted with skepticism or anxiety in the West. After an overview...
Although it is a well-known fact that sexual harassment is a common practice in Greek workplaces carried out both by employers and fellow employees, the State has not adopted any relevant civil and/or criminal legislative measures specifically to deal with it. However, there exists a general legal framework consisting of provisions in the Constitut...
Migration has always played a significant role in the relations between the European Community and the Third Mediterranean Countries (TMCs). This was acknowledged in the Barcelona Declaration of November 1995, where the Euro-Mediterranean Partners agreed to strengthen their co-operation to reduce migratory pressure but also to guarantee the protect...
Unlike other European countries, Greece has still not adopted specific legislation addressing sexual harassment practices in the workplace. Empirical research has shown that workplace sexual harassment is endemic in Greece. On the one hand the article undertakes an examination of the relevant provisions in the Constitution, the Civil Code and the C...
The international communiry's efforts to create a global permanent penal court culminated in the Rome Statute establishing the International Criminal Court of 1998. Although the United States of America initially signed it, it later withdrew the signature thus signalling its very strong opposition to it. This article attempts, on the one hand, to e...
In March 2001 the Assembly of Heads of State and Government of the Organisation of African Unity (OAU), meeting in extraordinary session in Sirte, Libya declared the establishment of a new pan-African body, the African Union (Union). ¹ The Constitutive Act (Act) of the Union entered into force on 26 May 2001 ² and in due course this new institution...
The trial of Slobodan Milosevic opened before the International Criminal Tribunal for the Former Yugoslavia in February 2002. Milosevic is accused on 66 counts of crimes against humanity, war crimes and genocide allegedly committed in Kosovo, Bosnia and Croatia. The present article examines one particular aspect of the Milosevic trial, namely, his...
In this article an attempt is made to take stock of recent developments (1997–2000) regarding the ongoing debate on the UN Security Council enlargement. The comprehensive plan for reform, known as the ‘Razali Plan’, its repercussions on the debate as well as the attitude of the membership of the UN are among the issues discussed here. We argue that...
In 1988 the Organisation of African Unity adopted a Protocol top the African Charter on Human and Peoples’ Rights establishing an African Court on Human and Peoples’ Rights. This development addresses one of the fundamental flaws in the institutional system for the protection of human rights in Africa since the Charter entered into force in 1986. T...
Handbook of GATT Dispute Settlement by Pierre Pescatore. William J. Davey and Andreas F. Lowenfeld. Published by Transnational Juris Publications, New York and Kluwer Law & Taxation Publishers (1991, Deventer, Looseleaf, incl. Preface and Table of Contents ). Price Dfl. 395.
For many years the General Agreement on Tariffs and Trade (GATT) has been...
The GATT Legal System and World Trade Diplomacy, 2nd edition by Robert E. Hudec. Published by Butterworths, London and U.S.A. (1990, xxi and 376 pp., incl. Preface, Contents, Appendices and Index) . Hardback. Price not disclosed.
Since December 1990, the General Agreement of Tariffs and Trade (GATT) has dominated press headlines all over the world...