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In: Adjudicating International Human Rights
Author: James A. Green

The persistent objector rule is a well-known but controversial mechanism for a state to exempt itself from norms of customary international law. This article examines the rule with a specific focus on the work of the International Law Commission (ILC) on the Identification of Customary International Law, through a consideration of Conclusion 15 and the commentary to it that have been adopted, as well as the ILC plenary debates on the topic. The state usage and, indeed, very existence of the rule will be considered, given that this has been so controversial in the ILC and wider literature. The article further examines whether the rule rightly formed an aspect of the Commission’s work, and looks at the terminology employed in Conclusion 15. Finally, it assesses the requirements for the operation of the persistent objector rule as expressed by the ILC, through comparison to the manner in which the criteria have been employed in state practice.

In: The Italian Yearbook of International Law Online
In: Adjudicating International Human Rights
In: Adjudicating International Human Rights

For species that rely on ephemeral resources, genotype fitness will depend on traits that affect both population growth rates and dispersal. Understanding how such traits are related is central to understanding how they may evolve. Natural populations of Caenorhabditis elegans exhibit rapid population growth within resource-rich patches of decaying organic material and subsequent dispersal, primarily as developmentally-arrested dauer larvae, between patches. The properties of growing populations of C. elegans are, however, poorly understood. Here we show that food availability, dauer pheromone (a measure of conspecific population density) and temperature affect dauer larvae development in growing populations as would be predicted from analyses of single cohorts of worms. We also show that as food patch size increases, dauer larvae are formed prior to patch exhaustion and that the number of dauer larvae present increases after the patch is exhausted, i.e., worms that had not completed development as dauer larvae when the food was exhausted continue development in the absence of bacterial food. Crucially, the subsequent reproductive fitness of dauer larvae that complete development after the exhaustion of the bacterial food patch is reduced in comparison with dauer larvae that develop prior to patch exhaustion. These results demonstrate that population level analyses of C. elegans are feasible, support previous studies of the environmental factors affecting dauer larvae development and suggest an adaptive benefit for variation between isolates in the sensitivity of dauer larvae development.

In: Nematology
Essays in Honour of Sandy Ghandhi
Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a
series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law
scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.

For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.

In: Nordic Journal of International Law
Chapter 14 Supporting Writing Collaborations through Synchronous Technologies

Abstract

Academia in general, and academic writing in particular, are often isolated endeavours (). Isolation can hamper academic success – most of us have felt the heightened effects of intense work demands when our support system is not present. This can be even more palpable when collaborative partners are globally located. With the advent of technology, collaborators now have tools to assuage academic isolation and foster rich, productive collaborations. Using synchronous technology, a common passion for SoTL work and collaborative work has led to lasting partnerships across continents that support both personal and professional development. Synchronous and asynchronous technologies offered the authors ongoing opportunities to actively participate in academic dialogue and collaborate on multiple publications, despite being scattered over three continents. This unique academic collaboration is called a Small Significant Online Network Group (SSONG). The name SSONG was modified from work describing “small significant networks” (, ; ). The authors included the online component, which provided the apt overarching metaphor of a song, situating song as a collaborative work of art. Singing our SSONG has a choral ring to it, underscoring the strength in its collaborative cacophony of voices. The SSONG highlights academic writing’s multi-modal elements. The richness of the different author voices in a SSONG bring confidence, encouragement, and personal and professional transformation.

In: Critical Collaborative Communities