The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond

Petronella Mukaindo - 10th November 2017

Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted to the final judgment of the apex court. Least remembered, and understandably so, is the flurry of pretrial applications, twelve in number, that preceded the celebrated decision. Three of the applications sought to expunge documents from the Court […]

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Cambodia: Using Law to Destroy Democracy

Katie Johnston - 9th November 2017

Covered by a veneer of legality, Cambodia’s government has spent the last two years systematically dismantling the Southeast Asian country’s fledgling democracy. Following the main opposition party’s improved performance in the June 2017 local election, the ruling party has recently escalated its attack, ahead of a crucial general election scheduled for July 2018. Besides threatened […]

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Free Speech in Non-Public Spaces: Recent Developments in Hong Kong

Martin Lau and Jason Ko - 8th November 2017

What, if any, are the geographical limitations of the exercise of freedom of expression? This was the question confronted by the Hong Kong Court of Final Appeal in its recent decision of HKSAR v Fong Kwok Shan. The facts are as follows: Madam Fong, a social activist, attended two meetings of the Legislative Council in […]

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Were the Kenyan Presidential Elections, 2017 a true reflection of the electorate’s will? An interrogation of the answer given by the Supreme Court of Kenya

Kendi Mutungi and Murimi Karani - 7th November 2017

The determination on the exercise and protection of the electorate’s political rights was before the bench in the Supreme Court of Kenya’s decision in Raila Amolo Odinga & Anor v Independent Electoral and Boundaries Commission & Others. The decision was unique and historic not only because it is the second in Africa to annul a […]

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Lest We Forget About Iraqi Christians

Lord David Alton and Ewelina Ochab - 6th November 2017

Following UN Security Council Resolution 2379 establishing the Investigative Team in Iraq,  the painful and arduous task of assembling evidence to bring Daesh fighters responsible for genocide against religious minorities in Iraq to justice will finally soon begin. However, the pursuit of justice also requires the survivors to be given practical help in rebuilding their […]

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Civilian Victims of the Conflicts Over Oil Refineries in Kirkuk

Saeed Bagheri - 4th November 2017

On 15 September the Iraqi Kurdistan Region (KRG) held an independence referendum, in which a majority of the non-Kurdish people of the disputed oil-rich city of Kirkuk did not participate. Kurdish Peshmerga forces took control of Kirkuk after the Iraqi army abandoned its posts in a rapid collapse before the Islamic State’s offensive nearby in 2014. After […]

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QT v Director of Immigration: recognising overseas same-sex marriages and civil partnerships in immigration policy

Karen Tsang - 2nd November 2017

On 25 September 2017, the Hong Kong Court of Appeal ruled that partners in overseas same-sex marriages and civil partnerships are eligible to apply for spousal dependant visas in Hong Kong. It overturned the lower court’s decision which had held that, in line with the heterosexual definition of marriage under Section 40 of the Marriage […]

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Bărbulescu v. Romania: The Next Step in the Continuing Struggle for Standards for Workplace Communication Monitoring

Gaurav Mukherjee - 31st October 2017

On 5 September, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) delivered its judgment in Bărbulescu v. Romania (hereinafter Bărbulescu GC Judgment). The central question which confronted the GC was a determination of whether an employer’s surveillance of an employee’s workplace correspondence, without their explicit informed consent, violated their right to […]

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The Indian Supreme Court’s “Curative” Hearing in the “LGBT Case”

Gautam Bhatia - 30th October 2017

In 2009, the High Court of Delhi decriminalized same-sex relations between consenting adults in India, holding that Section 377 of the Indian Penal Code, which penalised “carnal intercourse against the order of nature”, could not be applied to consensual homosexuality (Naz Foundation vs NCT of Delhi). Four years later, sitting in appeal, the Supreme Court […]

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Atmospheric Trust Litigation: Offering Hope To India’s Hapless Adivasi Community

Rudresh Mandal and Hardik Subedi - 27th October 2017

The all-encompassing phenomenon of anthropogenic climate change has endangered the lives and livelihood of humanity at large. However, the distribution of adverse effects of climate change is not uniform. The individuals at the lower economic strata who lackadequate adaptive capabilities and are heavily dependent on climate-sensitive resources for sustenance experience disparate impacts. The intersectionality of […]

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Road to repeat poll in Kenya: Is legislative amendment the cure?

Lucianna Thuo - 25th October 2017

The unprecedented decision of the Supreme Court of Kenya (SCOK) to invalidate the presidential poll in August 2017 has received mixed reactions by the incumbent government and the opposition. The nullification of the result by the Supreme Court has been used by the opposition to leverage for certain pre-election reforms ­­­­— termed ‘irreducible minimums’— before […]

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