Merkourios

The Board of Editors of Merkourios, Utrecht Journal of International and European Law, is proud to present its 76^th issue. This publication marks the Journal's first edition without a specialised topic. Thus, the reader will find that each article addresses a substantially different subject in international and European law.

We are recruiting for the Merkourios, Utrecht Journal of International and European Law, Board of Editors for 2013-2014.

Merkourios, Utrecht Journal for International and European Law, is issuing a call for papers to be published in its forthcoming 77th edition on Gender in European and International Law. The Board of Editors of Merkourios invites you to submit papers addressing any gender related issue; topics may include, but are not limited to international and/or European human rights law issues such as non-discrimination, employment, corporate social responsibility, health, family life, children's right, hate speech, terrorism and the process to strengthen the treaty body system, as well as other areas of international law such as peacekeeping, international humanitarian law, environmental law, women and development, indigenous law, refugee and migration law, legal ethics, and international customary law.

Merkourios, Utrecht Journal of International and European Law is receiving applications for Specialist Editors. The Journal requires that Specialist Editors fulfill the following requirements:

Today, the ICTY acquitted Ramush Haradinaj of all charges, including war crimes. Haradinaj had already been cleared of all charges in 2008, but that acquittal was later overturned.

Qatada, a Jordanian Muslim cleric facing a retrial in Jordan for allegedly conspiring terrorist attacks on Western and Israeli targets in 1998 and 1999, was released from prison earlier today.

Merkourios, Utrecht Journal of International and European Law is receiving applications for Specialist Editors for the 2012-2013 academic year. The Journal requires that Specialist Editors fulfill the following requirements:

Momcilo Perisic, who was sentenced to 27 years in prison by the International Criminal Tribunal for the former Yugoslavia, has appealed to his sentence after stating he was not aware or responsible for atrocities committed during the Balkan conflict.

Merkourios, Utrecht Journal for International and European Law, is issuing a call for papers to be published in its forthcoming 77th edition on Gender in European and International Law. The Board of Editors of Merkourios invites you to submit papers addressing any gender related issue; topics may include, but are not limited to international and/or European human rights law issues such as non-discrimination, employment, corporate social responsibility, health, family life, children's right, hate speech, terrorism and the process to strengthen the treaty body system, as well as other areas of international law such as peacekeeping, international humanitarian law, environmental law, women and development, indigenous law, refugee and migration law, legal ethics, and international customary law.

In the first civil case in the Netherlands against a Dutch multinational corporation for alleged violations committed abroad, Nigerian farmers seek compensation for environmental damage caused by oil spills in the Niger Delta.

The ECtHR has approved the extradition of five alleged terrorists including Abu Hamza, accused of planning a terror training camp in the US, and Babar Ahmad, the supposed creator of a jihadist website in the UK, from the UK to the US.

On Wednesday 12 September, the Bundesverfassungsgericht - the German constitutional court - declared the country's participation in the European Stability Mechanism (ESM) as constitutional.

Merkourios, Utrecht Journal for International and European Law, is issuing a Call for Papers to be published in its forthcoming general edition on International and European Law. The Board of Editors of Merkourios invites submissions addressing any aspect of International and European law.

Deadline for Submissions: 15 October 2012
Contact us at: merkourios@urios.org

As we publish this edition of Mekourios with a case note on M70/2011 v Minister of Immigration, which struck down as unlawful the agreement between Australia and Malaysia on the offshore processing of asylum seekers in Malaysia, the lower house of Australian Parliament has passed a bill that would allow the offshore processing of asylum seekers. The bill allows the immigration minister to designate any nation as an ''offshore assessment country'' as long as it is a party to the Bali Process, which includes Malaysia. A proposed amendment that sought to limit the countries to those that had signed the UN Refugee Convention - thereby ruling out Malaysia - were defeated. However, another amendment introducing a 12 month sunset clause, which would end the measures after one year, was passed. The amended bill will now go before the Australian Senate who will vote on it. There are indications that the bill will be blocked in the Senate. 

The Board of Editors of Merkourios, Utrecht Journal of International and European Law, proudly announces its newest issue on International and European Migration Law. Issue 75 addresses a wide range of topics within this evolving field of law.

The article by Melanie Fink analyses the legitimacy and human rights concerns regarding the working agreement between Frontex (the EU agency set up for the management and coordination of external border controls) and third non-EU countries. In her article on refugees and the right to self-determination, Kathleen McVay further develops the idea of international responsibility for refugees and the failure of states to fulfil these responsibilities. In another article, describing the recent landmark judgments of both the European Court on Human Rights and the Court of Justice of the European Union in 2011, Lenart points out that the 'Dublin system' seems to be a tool for fighting the consequences and symptoms of asylum shopping in Europe, rather than addressing its causes.

Complementing the topics addressed in these articles, this issue of Merkourios contains an in depth interview with Ambassador Laura Thompson, Deputy Director General of the International Organization for Migration. Ambassador Thompson provides considered insights on complex migration issues, including the political rights of migrants, climate refugees, human trafficking, and the needs for extra protection for women and children.

This issue 0f Merkourios also contains a case note concerning the judgment of the Australian High Court in the case of Plaintiff M70/2011 v Minister for Immigration and Citizenship, which related to Australia's failed 'burden-sharing' agreement with Malaysia for the assessment and protection of refugees. Additionally, the issue contains a thought-provoking review by Liv Feijen of Jane McAdam's recent publication, Climate Change, Forced Migration, and International Law.

The topic of International and European Migration Law is framed in close cooperation with the Faculty of Law at Utrecht University. On behalf of the Board of Editors of Merkourios, I would like to thank the Merkourios Advisory Board, our Faculty Advisor Ms Brianne McGonigle Leyh and the Merkourios Board of Former Editors for their valuable input throughout the year. A special thank you goes out to Ms Evelien Brouwer, Assistant Professor in European Migration Law at the Institute of Constitutional and Administrative Law, Utrecht University, for her valuable assistance and introductory editorial.

On behalf of the Board of Editors: enjoy reading!

June 2012,

Nick Kruijsen

Editor-in-Chief Merkourios, Utrecht Journal of International and European Law

The General Assembly decided that 20 June would be celebrated around the globe as World Refugee Day.  Secretary-General Ban Ki-moon noted that "We must work together to mobilize the political will and leadership to prevent and end the conflicts that trigger refugee flows. [...] Despite budget constraints everywhere, we must not turn away from those in need. Refugees leave because they have no choice. We must choose to help."

More than 300,000 people have fled their homes in Mali since fighting erupted in the north in January between a Tuareg rebel movement and Malian government forces. Families have found refuge in the neighbouring countries of Algeria, Burkina Faso, Mauritania and Niger.

The 2012 Research Seminar of the Working Group on Economic, Social and Cultural Rights of the Netherlands School of Human Rights Research, hosted by the T.M.C. Asser Instituut, will explore the nexus between economic, social and cultural (ESC) rights and social justice. Can ESC rights further social justice at the national and international level? On the other hand, what are the differences between ESC rights and the (broader?) notion of social justice? Are they synonymous?

The UK Supreme Court held that the request for Mr Assange's extradition to Sweden was lawfully made and accordingly dismissed his appeal against extradition. Assange is now considering an appeal to European Court of Human Rights, which if rejected, would see him extradited to Sweden.

In his final statement, former Liberian president Charles Taylor stated his belief that the prosecution has bribed a large number of witnesses. He also said that some witnesses were even coerced into testifying against him under threat of being prosecuted themselves.