The era of ‘positivism’ in international law, which championed state supremacy in international affairs (chiefly through the executive), appears to be in its final days.
Russia has long held that the European Court of Human Rights, which has repeatedly questioned the country’s human rights record, infringes on its sovereignty. The Aleksai Navalny case is the latest in a series of tussles between the country and the court.
As individual leaders rise the world over, the UK Supreme Court’s Brexit judgment is an acknowledgement of old-school constitutional values that popular will ought to be channelised only through a legislative body.
The demise of the international jurist has left a void in the public international law scholarship that will be difficult to fill.
There is a general consensus that the resolution is only recommendatory since it was passed under Chapter VI of the UN charter, but studying the nature of the resolution proves otherwise.
The African Union has been persuading its member nations to withdraw from the ICC over the court’s alleged institutional bias against Africa and its leaders.