Mando Rachovitsa

• Associate Professor in Human Rights Law at University of Nottingham

This case discussion focuses on the judicial function of the African Court on Human and Peoples’ Rights (Court) in default judgments. The discussion brings to the foreground the changes introduced by the Court in its recently revised Rules of Procedure and how these changes are put in practice in its case law. The revised provision on default judgm...

This Article discussed the Léon Mugesera v. Republic of Rwanda judgment issued by the African Court on Human and Peoples’ Rights (ACtHPR), in November 2020, concerning Léon Mugesera, a convicted genocidaire from Rwanda. The Article starts off with discussing the personal jurisdiction of the ACtHPR and it subsequently turns to explain the merits of...

International law is experienced and taught in different ways. There is a growing scholarship attentive to the needs of a ‘global classroom’ in universities based in the West and a considerable conversation on how critical approaches should inform teaching and learning. Interestingly, not much has been written on the experience of Western-trained i...

The article discusses the human rights implications of algorithmic decision-making in the social welfare sphere. It does so against the background of the 2020 Hague’s District Court judgment in a case challenging the Dutch government’s use of System Risk Indication—an algorithm designed to identify potential social welfare fraud. Digital welfare st...

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comp...

The paper aims to think anew about the jurisdiction ratione materiae of the African Court on Human and Peoples' Rights ('Court'). The Court, based in Arusha, enjoys a distinctive contentious jurisdiction which extends to the interpretation and application of any other relevant human rights instrument ratified by the States concerned. The Court's st...

Cambridge Core - Human Rights - Human Rights Tectonics - edited by Emmanuelle Bribosia

The African Court on Human and Peoples’ Rights (ACtHPR) is uniquely situated to pursue human rights integration when construing the African Charter on Human and Peoples’ Rights (African Charter). This is due to distinctive features pertaining to the ACtHPR’s mandate and the text of the African Charter. This chapter argues that human rights integrat...

Open science - namely more openness with regard to educational resources, access, methodology, reproducibility and data - is fundamental to realising the Sustainable Development Goals (SDGs). Science is a universal public good and it can be a game-changer when addressing global problems. This is exemplified by the critical role that the production...

The Internet Corporation for Assigned Names and Numbers (ICANN) is the informal, privately run body that manages the Domain Name System. ICANN has launched the new generic Top-Level Domain (gTLD) Programme and it has already introduced more than 1,000 gTLDs (e.g., ‘.CHURCH’, ‘.HEALTH’). In this context, ICANN decided to protect certain interests an...

International lawyers and courts consider the principle of systemic integration to be a potential answer to difficulties arising from the fragmentation of public international law. This article questions the application of this approach in the context of human rights treaties. It is argued, first, that in many instances, systemic integration raises...

There is a growing literature revolving around the role of non-State actors in the international law-making process. The starting point of this article is that although informal international law-making may not be legally binding, it would be unwise to dismiss it as legally irrelevant. Informal law-making can be relevant with respect to conceptuali...

There is already evidence that ‘governmental mass surveillance emerges as a dangerous habit’. Despite the serious interests at stake, we are far from fully comprehending the ramifications of the systematic and pervasive violation of privacy online. This article underscores the reasons that policy-makers and lawyers must comprehend and value privacy...

This article discusses the dispute settlement procedure set up by the Internet Corporation for Assigned Names and Numbers to assess whether applied-for generic top-level domain names (gTLDs) are contrary to accepted legal norms of morality and public order that are recognised under general principles of international law. The standard of general pr...

This article argues that despite the growing interest in the so-called fragmentation of international law, little, if any, attention has been paid to the role of the more favourable protection clause in addressing certain aspects of the interaction between treaties on human rights. It shows that both the Inter-American Court of Human Rights and the...

The article discusses the pending extradition case of eight Turkish military officers who, on the night of the recent failed coup d’ état in Turkey, defected and resorted to Greece. The analysis addresses the public emergency in Turkey, insofar it is relevant for the extradition case, against the European Convention on Extradition, the European Con...

This article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court's case law provides insights and good practices to be followed. First, the article furnishes evidence that the Court has developed an autonomous and distinct interpret...

This thesis addresses the legal challenges arising in the context of the ‘fragmentation or unity of public international law’. The question of the so-called fragmentation of public international law mainly refers to the phenomenon of diversification and expansion of public international law. In recent years, the proliferation of international bodie...

Book Review: Magdalena Forowicz, The Reception of International Law in the European Court of Human Rights (Oxford University Press, New York, 2010).