Skip to main content

Research Repository

Advanced Search

All Outputs (19)

The Interpretation of Slavery before the International Criminal Court: Reconciling Legal Borders? (2022)
Journal Article
Palacios-Arapiles, S. (2022). The Interpretation of Slavery before the International Criminal Court: Reconciling Legal Borders?. Max Planck Yearbook of United Nations Law Online, 25(1), 416-456. https://doi.org/10.1163/18757413_02501023

This article examines the interpretation of the definition of slavery/ enslavement by the International Criminal Court (icc) in the Ongwen case (2021) and its application to the facts of the case at hand. This examination is warranted because Ongwen... Read More about The Interpretation of Slavery before the International Criminal Court: Reconciling Legal Borders?.

European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme (2022)
Journal Article
Palacios-Arapiles, S. (2022). European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme. International Community Law Review, 24(4), 335-357. https://doi.org/10.1163/18719732-bja10089

Drawing on data from the United Kingdom, Sweden, Germany, and Switzerland, this article shows that during the process of interpreting the refugee definition and applying it to the context of the Military/National Service Programme (MNSP), the definit... Read More about European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme.

The Eritrean Military/National Service Programme: Slavery and the notion of persecution in refugee status determination (2021)
Journal Article
Palacios Arapiles, S. (2021). The Eritrean Military/National Service Programme: Slavery and the notion of persecution in refugee status determination. Laws, 10(2), Article 28. https://doi.org/10.3390/laws10020028

Despite the overwhelming evidence of human rights violations within the Eritrean Military/National Service Programme (“MNSP”), adjudication of asylum applications made by Eritreans remains a challenge. Narrow interpretations of “slavery” have created... Read More about The Eritrean Military/National Service Programme: Slavery and the notion of persecution in refugee status determination.

Overlapping International Instruments for Enforcement of Insolvency Judgments: Undermining or Strengthening Universalism? (2021)
Journal Article
Mevorach, I. (2021). Overlapping International Instruments for Enforcement of Insolvency Judgments: Undermining or Strengthening Universalism?. European Business Organization Law Review, 22(2), 283-315. https://doi.org/10.1007/s40804-021-00204-4

In recent years modified universalism has emerged as the normative framework for governing international insolvency. Yet, divergences from the norm, specifically regarding the enforcement of insolvency judgments, have also been apparent when the main... Read More about Overlapping International Instruments for Enforcement of Insolvency Judgments: Undermining or Strengthening Universalism?.

Reading marine insurance contracts: determining the scope of cover (2019)
Journal Article
Bennett, H. (2019). Reading marine insurance contracts: determining the scope of cover. Asia Pacific Law Review, 27(2), 239-269. https://doi.org/10.1080/10192557.2019.1701227

Marine insurance-exclusions-exceptions-causation-delay-slaves The scope of cover under marine insurance policies is typically delineated by a combination of express insuring clauses that identify risks that are covered and an appreciable number of li... Read More about Reading marine insurance contracts: determining the scope of cover.

International prison standards and transnational criminal justice (2019)
Journal Article
van Zyl Smit, D. (2019). International prison standards and transnational criminal justice. UC Irvine Journal of International, Transnational, and Comparative Law, 4, 97-123

Prison standards are an important element of transnational criminal justice. This Article shows how legal standards governing prison conditions emerged at the international and regional levels and considers how, increasingly, these have gained legiti... Read More about International prison standards and transnational criminal justice.

International energy investments and unrecognized states: opportunities and risks for private actors (2019)
Journal Article
Pappa, M., & Pereira, E. G. (2019). International energy investments and unrecognized states: opportunities and risks for private actors. Colorado Natural Resources, Energy & Environmental Law Review, 30(1), 67-113

The recognition of an entity as a state is pivotal in international law. Whether it be that recognition grants statehood or merely confirms a state’s legal existence, it has important implications for the concerned entity and for the entire internati... Read More about International energy investments and unrecognized states: opportunities and risks for private actors.

Exploring the autistic and police perspectives of the custody process through a participative walkthrough (2019)
Journal Article
Holloway, C. A., Munro, N., Jackson, J., Phillips, S., & Ropar, D. (2020). Exploring the autistic and police perspectives of the custody process through a participative walkthrough. Research in Developmental Disabilities, 97, https://doi.org/10.1016/j.ridd.2019.103545

© 2019 The Authors Background: Research suggests that autistic individuals may be more likely to come into contact with police and have more negative experiences in police custody. However, limited information about the difficulties they experience d... Read More about Exploring the autistic and police perspectives of the custody process through a participative walkthrough.

Forcible acts by states towards non-state actors operating in disputed waters: beyond the limits of international law? (2019)
Journal Article
Pappa, M. (2019). Forcible acts by states towards non-state actors operating in disputed waters: beyond the limits of international law?. Legal Issues Journal, 7(1),

The obligation of States to not use force against other States is well established in international law both on land and at sea. Unless authorized by the United Nations Security Council or based on self-defence, non-compliance with this rule is a bre... Read More about Forcible acts by states towards non-state actors operating in disputed waters: beyond the limits of international law?.

Reasserting Agency: Procedural Justice, Victim-Centricity, and the Right to Remedy for Survivors of Slavery and Related Exploitation (2018)
Journal Article
Schwarz, K., & Geng, J. (2018). Reasserting Agency: Procedural Justice, Victim-Centricity, and the Right to Remedy for Survivors of Slavery and Related Exploitation. Journal of Modern Slavery, 4(2), 93-120

One of the biggest failings of contemporary regimes governing human exploitation is their treatment of ‘victims’. This paper roots narratives of victimhood and agency in the legal frameworks through analysis of the right to effective remedy in human... Read More about Reasserting Agency: Procedural Justice, Victim-Centricity, and the Right to Remedy for Survivors of Slavery and Related Exploitation.

Reparations for the transatlantic slave trade and historical enslavement: Linking past atrocities with contemporary victim populations (2018)
Journal Article
Moffett, L., & Schwarz, K. (2018). Reparations for the transatlantic slave trade and historical enslavement: Linking past atrocities with contemporary victim populations. Netherlands Quarterly of Human Rights, 36(4), 247-269. https://doi.org/10.1177/0924051918801612

The debate around reparations for the transatlantic slave trade has been discussed for centuries with no end in sight. This article does not intend to cover the historical or political aspects of this debate, but instead to shed more light on the leg... Read More about Reparations for the transatlantic slave trade and historical enslavement: Linking past atrocities with contemporary victim populations.

Exploration of energy resources in the deep seabed: opportunities for industry, challenges for law (2018)
Journal Article
Pappa, M. (2018). Exploration of energy resources in the deep seabed: opportunities for industry, challenges for law. International Energy Law Review, 66-74

The Continental Shelf is not the only part of the ocean where energy resources lie. The seabed extending beyond coastal states’ jurisdiction is also rich in hydrocarbons, methane hydrates, and marine genetic resources which can be used to cover the w... Read More about Exploration of energy resources in the deep seabed: opportunities for industry, challenges for law.

Furthering the ‘war on terrorism’ through international law: how the United States and the United Kingdom resurrected the Bush doctrine on using preventive military force to combat terrorism (2017)
Journal Article
Kattan, V. (2018). Furthering the ‘war on terrorism’ through international law: how the United States and the United Kingdom resurrected the Bush doctrine on using preventive military force to combat terrorism. Journal on the Use of Force and International Law, 5(1), 97-144. https://doi.org/10.1080/20531702.2017.1376929