Books by Konstantinos D Magliveras
Evrigenis Yearbook of International and European Law, 2019
This article, which appears at pp. 103 - 116 of the Yearbook, argues that the revision and the re... more This article, which appears at pp. 103 - 116 of the Yearbook, argues that the revision and the reform of the UN Charter is no longer adequate and what is required is nothing less than anamorphosis. While the UN’s continued vitality could be explained (after all, it does not face any competition), it has become a gigantic bureaucracy which cannot support itself. The UN, like any other intergovernmental organization, exists to provide the best possible services to its membership, which, in return, have the obligation to fulfill in full the whole range of duties which they freely accepted when the joined the Organization. This timeless quid pro quo, this relationship between give and take and between provision and consideration, cannot continue to be based on the understandings and the assumptions that existed at the end of World War II. As a matter of urgency, the whole rapport between the UN and its membership and vice versa requires a brave new foundation.
K. Μαγκλιβέρας, ΕΜΠΟΡΙΑ ΑΝΘΡΩΠΩΝ: ΠΟΙΝΙΚΗ ΚΑΤΑΣΤΟΛΗ ΚΑΙ ΠΡΟΣΤΑΣΙΑ ΤΩΝ ΔΙΚΑΙΩΜΑΤΩΝ ΤΩΝ ΘΥΜΑΤΩΝ (Συ... more K. Μαγκλιβέρας, ΕΜΠΟΡΙΑ ΑΝΘΡΩΠΩΝ: ΠΟΙΝΙΚΗ ΚΑΤΑΣΤΟΛΗ ΚΑΙ ΠΡΟΣΤΑΣΙΑ ΤΩΝ ΔΙΚΑΙΩΜΑΤΩΝ ΤΩΝ ΘΥΜΑΤΩΝ (Συγχρόνως ανάλυση του Νόμου-Προτύπου του ΟΗΕ για την Καταπολέμηση της Εμπορίας Ανθρώπων), ΑΚΑΔΗΜΙΑ ΑΘΗΝΩΝ, ΔΗΜΟΣΙΕΥΜΑΤΑ ΤΟΥ ΚΕΝΤΡΟΥ ΕΡΕΥΝΗΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΚΟΙΝΩΝΙΑΣ ΑΡΙΘΜΟΣ 17, ΔΕΚΕΜΒΡΙΟΣ 2014.
K. Magliveras, Transnational Trafficking in Human Beings: Criminal Suppression and Protection of Victims' Rights (Simultaneously an Analysis of the UN Model Law against Trafficking in Persons), Academy of Athens, Publications of the Research Centre for the Greek Society No. 17, Athens, December 2014 (in Greek).
K. Magliveras, “International Organisations and Denialism: The Case of the African Union” in H. N... more K. Magliveras, “International Organisations and Denialism: The Case of the African Union” in H. Nelen, J.C.M. Willems & R. Moerland (eds.), Denialism and Human Rights, Intersentia, 2016, pages 267-284
Book webpage: http://intersentia.com/en/denialism-and-human-rights.html
Papers by Konstantinos D Magliveras
New Zealand Yearbook of International Law, 2020
African Human Rights Law Journal, 2022
The right to freedom of movement of persons in a state is recognised by article 12 of the African... more The right to freedom of movement of persons in a state is recognised by article 12 of the African Charter on Human and Peoples' Rights as a fundamental human right but, more generally, freedom of movement is also exercised in the context of continental economic integration, a crucial norm in economic integration projects. Not long after the entry into force of the African Charter in 1986, the first steps towards economic integration were taken, and the freedom of movement was enshrined in the Treaty Establishing the African Economic Community. As the AEC lost steam, the African Commission on Human and Peoples' Rights upheld the right to unhindered trans-border freedom of human mobility and curtailed attempts by states to interfere with it. In 2018 the adoption of the Protocol to the AEC Treaty on the free movement of persons manifested in an unambiguous manner the economic aspects of this human right. This article reviews the relevant African Union instruments on the free mo...
Encyclopedia of Law and Religion
European Foreign Affairs Review
The recent inroads made by China in the African continent as a trading partner, investor and dono... more The recent inroads made by China in the African continent as a trading partner, investor and donor have been important both in terms of magnitude and pace. Even though for a number of African regimes it signifies increased bargaining power, the growing Chinese presence in Africa was greeted with skepticism or anxiety in the West. After an overview of the multifaceted Chinese presence in Africa and the stance taken by the USA, the article attempts to identify the reasons that could explain the rather belated, especially if its traditional ties with Africa are taken into account, EU response. It concludes by predicting a rapprochement between the EU and the USA over the ways to deal with various aspects of China’s increasing presence in Africa.
International Organizations Law Review, 2017
This article examines the reasons and the grounds behind the antiparathesis between the African U... more This article examines the reasons and the grounds behind the antiparathesis between the African Union and several of its Member States, on the one hand, and international criminal justice and the International Criminal Court (‘icc’), on the other hand. It also examines the consequences of and responses to this antiparathesis, including the creation of an International Criminal Law Section to the African Court of Justice and Human Rights and questions whether it offers any added value. The article concludes with suggesting the setting up of icc regional/circuit chambers, each dealing with a specific continent/region, as a means to restructure the icc, to make it more relevant to its users, namely the contracting parties to the Rome Statute, and to allay fears of politically motivated prosecutions.
African Journal of International and Comparative Law, 2014
Impunity for the commission of grave infringements of humanitarian law and for the perpetration o... more Impunity for the commission of grave infringements of humanitarian law and for the perpetration of mass violations of human rights having an international dimension has been and continues to be a most serious problem. It does not pertain only to the African continent but has been a cause for concern for almost all parts of the world. Moreover, it is closely connected with the need to put into place an effective multilateral criminal justice system. Thus, combating impunity demands that a mechanism be devised which will ensure that those responsible for heinous crimes are prosecuted and, upon conviction, receive sentences commensurate to their offences. As has been argued, the assumption that the creation of an international justice system would always generate positive results is both wrong and naive. Given the lack of any other alternative that would stand the test of time, however, it is submitted that, even though there might be good tribunals and bad tribunals, the establishment of a judicial entity cannot be wrong in itself. The Preamble to the Rome Statute establishing the International Criminal Court (ICC) affirms that the most serious crimes of concern to the international community must not go unpunished and determines to put an end to impunity for perpetrators. Equally, the creation of the International Criminal Court for the former Yugoslavia and the International Criminal Court for Rwanda by the UN Security Council and, later on, the establishment of the so-called hybrid
SSRN Electronic Journal, 2014
In recent years the international community has witnessed the denunciation of human rights treati... more In recent years the international community has witnessed the denunciation of human rights treaties by a number of States, and increasingly voluble voices can be heard urging withdrawal from the European Convention of Human Rights and the European Union. What provision does international law make for dealing with such eventualities? The focus of this article is on the interaction between the law of treaties and human rights, with special attention paid to a distinctive category of treaties. Its purpose is to consider, firstly, the legal problems attached to actual and purported denunciations of, or withdrawals from, human rights treaties; and secondly, the termination of membership in international organisations with a commitment to the promotion and protection of human rights. In many instances provision is made for a lawful withdrawal so long as certain conditions are met and stipulated requirements complied with. But a prominent question remains: Do States have a unilateral right, under international law, to extricate themselves from such obligations in the absence of explicit permission to do so? The conclusion reached, in light of the special nature of human rights treaties and frameworks, is that absent a clear implication to the contrary, withdrawal is legally impermissible.
North Carolina Journal of International Law and …
II(1)(b), 479 U.N.T.S. 39 (proclaiming the need of African states to "co-ordinate and intensify..... more II(1)(b), 479 U.N.T.S. 39 (proclaiming the need of African states to "co-ordinate and intensify... cooperation efforts to achieve a better life for the peoples of Africa"). Economic development has always been a principal concern of the OAU. See D'Sa, supra note 1, at 4. One of the most important initiatives undertaken by the OAU to promote economic and social development and to advance the economic integration of Africa was the Lagos Plan of Action for the Economic Development of Africa: 1980-2000 (1980). See id. The Lagos Plan of Action was the outcome of a joint OAU/ECA venture to elaborate a successful regional strategy for development in Africa. See id. It aimed at creating conditions to encourage economic growth in the African continent, particularly in the sectors of food and agriculture, industry, and energy, and at protecting the environment. See id. But perhaps its most ambitious proposal was the objective of establishing an economic community in gradual steps by the year 2000. See id. But see, CLAPHAM, supra note 4, at 176 (describing the Lagos Plan of Action as "economically illiterate"). As progress on the implementation of the Lagos Plan of Action faltered, the OAU and the United Nations (U.N.) conducted an in-depth review of Africa's recovery process and devised conditions for long-term development in an effort to relaunch the agenda. See Conference on the Challenge of Economic Recovery and Accelerated Development, U.N. Doc. ECA/CERAD/87/75 (Abuja, Nigeria, June 1987). The Conference gave impetus to economic integration and urged African states to address this issue energetically by pursuing the close coordination of their economic and social policies. See GINO J. NALDI,
The Authors. List of Abbreviations. General Introduction. Selected Bibliography. Part I: Substant... more The Authors. List of Abbreviations. General Introduction. Selected Bibliography. Part I: Substantive Criminal Law. 1. General Principles. 2. Scope of Application of Criminal Statutes. 3. General Principles of Criminal Law. 4. Justification, Excuse and Other Grounds of Impunity. 5. Incomplete or Partly Perpetrated Offences. 6. Classification and Survey of Criminal Offences. 7. The Sanctioning System. Part II: Criminal Procedure. 1. Principles, Institutions, Stages. 2. Powers, Rights and Duties in the Pre-Trial Proceedings. 3. The Inquiry in Court. Part III: Execution and Extinction of Sanctions. 1. Sources of Penitentiary Law and Nature of Regulations. 2. General Principles Governing the Execution of Sentences and Orders. 3. The Prison System. 4. Extinction of Sanctions and Sentences. Index.
Denialism and Human Rights
INTRODUCTION It might sound oxymoronic that the concept of denialism could be applied to, and dis... more INTRODUCTION It might sound oxymoronic that the concept of denialism could be applied to, and discussed in, the context of international organisations and institutions. Denialism is understood as a behaviour (or behavioural pattern) which primarily concerns individuals or groups of people. Its content could be extended to additionally cover sovereign states. However, even in such cases it would principally be the population of a state exhibiting denialism as a form of personal conduct when dealing with a specific issue or when trying to avoid dealing with it. Indeed, it is in the nature of people, either individually or in unison, to refuse to accept facts, events or beliefs which are widely held by others, even when they are objectively regarded as being true, accurate and scientifically correct. In such instances denialism could be perceived as a means of self-preservation. To have done otherwise could have led to facing new realities contradicting what was understood as the absolute truth for many decades or even for centuries. The above considerations also apply to states. Particularly so when to deny facts or events is used for domestic consumption promoting the agenda of the government of the day or when it has reached the stage of becoming official state policy. In the latter case denialism will influence foreign relations and dealings with third countries. Often the acceptance by one state of an event or historical situation vehemently denied by another state could lead to breakdown in diplomatic relations. While individuals and states exhibit the attributes of denialism and could spend time, energy and money to promote and to defend their position, international organisations do not prima facie have the characteristics associated with denialism. Here lies the oxymoron: during the exercise of their mandate and the implementation of their goals, as laid down in the constitutive instrument and interpreted through their action (or inaction), international organisations may exhibit denialism in the sense of deliberately refusing to do one or both of the following, which fall within their legitimate powers and functions: (a) adopt specific measures; and (b) order Member States to follow a particular behaviour or to abstain from it.
International Human Rights Law Review
In September 2014, the Member States of the League of Arab States approved the Statute of the Ara... more In September 2014, the Member States of the League of Arab States approved the Statute of the Arab Court of Human Rights finalising a 20-year process to put in place a human rights protection mechanism which resembles mechanisms operating in other regions. This article examines the defunct Arab Charter on Human Rights of 1994, the revised Human Rights Charter of 2004 as well as the mandate and the activities of the Arab Human Rights Committee. It then explains the drafting of the Court’s Statute, analyses the salient features of its Statute, which was concluded independently of the 2004 Charter, and makes pertinent comparisons with the European, Inter-American and African regional mechanisms.
Following the 2016 referendum, the UK notified its intention to withdraw from the European Union ... more Following the 2016 referendum, the UK notified its intention to withdraw from the European Union pursuant to Article 50 TEU. Given the political and legal consequences of a much-questioned referendum and the strong opinion of many parts of British society that the UK’s membership should not be terminated, the question arose whether such a notification could be revoked unilaterally. In the absence of any mention in Article 50, expert opinion was divided. International law – that is, the law of treaties and the law of international organizations – does not appear to provide a definite answer, while state practice is rather scarce. The constituent instruments of international and regional organizations containing withdrawal clauses are also silent, except for African organizations and development/investment organizations, which invariably allow Member States to rescind withdrawal notices. As regards the EU Treaties, before the Lisbon Treaty they did not contain a withdrawal clause. In ...
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Books by Konstantinos D Magliveras
K. Magliveras, Transnational Trafficking in Human Beings: Criminal Suppression and Protection of Victims' Rights (Simultaneously an Analysis of the UN Model Law against Trafficking in Persons), Academy of Athens, Publications of the Research Centre for the Greek Society No. 17, Athens, December 2014 (in Greek).
Book webpage: http://intersentia.com/en/denialism-and-human-rights.html
Papers by Konstantinos D Magliveras
K. Magliveras, Transnational Trafficking in Human Beings: Criminal Suppression and Protection of Victims' Rights (Simultaneously an Analysis of the UN Model Law against Trafficking in Persons), Academy of Athens, Publications of the Research Centre for the Greek Society No. 17, Athens, December 2014 (in Greek).
Book webpage: http://intersentia.com/en/denialism-and-human-rights.html