On 14 and 15 November 2022, UM’s Faculty of Law held the “Logic of International Law Conference.” Henrique Marcos (UM & São Paulo Univ.) and Antonia Waltermann (UM) organised the conference under the auspices of the Globalization and Law Network (GLaw-Net) and the International Law Discussion Group...
Today in times of pandemic hospitals face a crisis of scarce resources. In many places this has already led to measures of triage where critical medical care is rationed to those who are most likely to benefit from it. In other places, it is clear that such measures will soon need to be taken.
Sovereignty is invoked in many discussions today, from Brexit to Catalan independence, but it is rarely clear what, exactly, those who invoke sovereignty mean by it. For the purposes of understanding, analyzing, and understanding legal phenomena, however, a more precise understanding is necessary.
I wrote my PhD towards the last days of the debate over “social rights”. This debate harkens back to the fifties, when the International Covenant on Social and Cultural Rights was being negotiated. Some claimed that social rights could never be true rights. Others claimed that without social rights...
What does sovereignty mean in today’s world, given trends of globalisation, Europeanisation and also polarisation?
In this entry I want to mention four considerations that suggest that human rights lawyers should be cautious in embracing basic income as a replacement for human rights. These reflections should be seen as merely exploratory. The basic income in full has never been put in practice, and consequently...
To speak of economic justice today is to speak of the basic income. A basic income can be defined as an unconditional cash payment to all persons who form part of a political community. As automation increases, there is fear that labor will be replaced by “robots”. The basic income seems to be a...
Trevor Burrus claims that health care cannot be a fundamental right. He is not alone in saying this, but the way he says it is noteworthy. His article is not original (nor does it claim to be), but it represents an admirably clear retelling of an old story: Positive rights cannot be rights, this is...
The wishes of the Spanish government and those of the Catalan people are diametrically opposed: 90% of voters in the referendum were for independence - but keep in mind also that only about half of the Catalan people voted.
Do the people still have power? Some might feel forgotten and turn to populism promising to give the country back to them. But popular sovereignty is not dead.
