Bliainiris Éireannach an DlÍ Idirnáisiúnta The Irish Yearbook of International Law Volume 11–12, 2016&2017

"The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the law of the sea, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a symposium issue on Brexit, Ireland and international law, bringing together leading academics exploring the international legal-political context of Brexit for Ireland."--Bloomsbury Publishing Editorial Board Table of Contents Editorial Articles Leaving the Union: Brexit and Complex Constitutionalism in Northern Ireland Introduction The Context Unique, Special and Particular: Finding a Place for Northern Ireland Ways Forward? Conclusion The Processes of the 'Unfinished Businesses' of the Good Friday/Belfast Agreement: An All-Island Charter of Rights and the Northern Ireland Bill of Rights Introduction Bill of Rights and Charter Processes Processes Conclusion Crossing the Irish Land Border after Brexit: The Common Travel Area and the Challenge of Trade What's in a Border? The Common Travel Area: A Legal Anomaly38 The CTA and Brexit Protocols 19-21 Citizens The Challenge of Brexit The 'Back Stop' and Northern Ireland Trade and the CTA Conclusion The Implications of the Good Friday Agreement for UK Human Rights Reform Introduction Pressure for the HRA's Repeal The GFA, Human Rights and International Law Options for HRA Reform in Light of the GFA International Law"s Impact upon HRA Reform Conclusion NATO-EU Relations: An International Law Perspective Development of the Institutional and Legal Framework for Cooperation Current and Future Areas of Cooperation Conclusion Correspondent Reports Irish State Practice on the Law of the Sea 2015 and 2016 Introduction Building a Sustainable Ocean Economy European Maritime and Fisheries Fund Foreshore Straight Baselines Ports and Harbours Area-Based Management Tools Marine Strategy and Water Framework Directives Marine Protected Areas Marine Debris EU Law Enforcement Proceedings Offshore Hydrocarbons Maritime Labour and Training Marine Living Resources Fisheries Law Enforcement and Compliance Penalty Point System International Whaling Commission Continental Shelf and Rockall Voisinage Arrangement Humanitarian Missions to the Mediterranean Sea Marine Scientific Research The 2030 Agenda on Sustainable Development Paris Agreement Biodiversity beyond National Jurisdiction First Range State Workshop on European Eel Law of the Sea Capacity Building Human Rights in Ireland 2016–2017 Legislative Developments Human Rights in the Superior Courts Ireland before the European Court of Human Rights Other Developments Developments regarding Article 40.3.3 of the Constitution ('the Eighth Amendment') Human Rights in Northern Ireland 2016 and 2017 Brexit and Human Rights in Northern Ireland Dealing with the Past The Right to Life The Right not to be Ill-Treated Domestic Violence and Child Abuse The Right to Liberty The Right to a Fair Trial The Right to a Private and Family Life The Right to Free Expression and to Information Social Rights Other Developments Conclusion Ireland and the European Union 2016 and 2017 Part One: Brexit and Ireland Part Two: Ireland and the European Union 2016–2017 Conclusion Ireland and International Law 2016 and 2017 Introduction International Agreements Diplomatic Matters Foreign Policy, Bilateral Relations, Consular Services and the Diaspora Foreign Conflicts and International Terrorism Peace Support Operations Sustainable Development Goals Human Rights Overseas Development Aid and Humanitarian Assistance Book Reviews David Fennelly, International Law in the Irish Legal System (2014) reviewed Anne Peters, Beyond Human Rights: The Legal Status of the Individual in International Law (2016) reviewed Individual Legal Personality as Independent from the State Responsibility to Protect Conclusion Cahal McLaughlin and Siobhán Wills (Directors), It Stays with You: Use of Force by UN Peacekeepers in Haiti (2017) reviewed Overview of the Documentary Themes Raised by the Documentary Contribution to the Wider Transitional Justice Literature Conclusion Dug Cubie, The International Legal Protection of Persons in Humanitarian Crises: Exploring the Acquis Humanitaire (2017) reviewed Anita Ferrara, Assessing the Long-Term Impact of Truth Commissions: The Chilean Truth and Reconciliation Commission in Historical Perspective (2015) reviewed Documents Document 1 Statement by the Minister for Foreign Affairs and Trade, Charlie Flanagan TD, on Ireland-China Relations, 7 April 2016 Minister Flanagan Announces Ireland’s Election to the UN Commission on the Status of Women, 8 April 2016 National Statement at the Chemical Weapons Convention 21st Conference of States Parties, delivered by Caroline Whelan in The Hague on 30th November 2016 at the Twenty-First Session of the Conference of States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 28 November–2 December 2016 Statement by Minister Flanagan on Aleppo, Syria, 16 December 2016 Minister Flanagan Welcomes UN Resolution on Aleppo, 19 December 2016 Trafficking in Persons in Conflict Situations, Statement by Mr Tim Mawe, Deputy Permanent Representative of Ireland, Security Council Chamber, New York, 20 December 2016 Document 2 Statement by Minister Coveney on North Korean ICBM launch, 29 November 2017 Minister for Foreign Affairs and Trade, Simon Coveney, TD, Statement in the Dáil on Catalonia, 24 October 2017 Statement by Minister Coveney on the Situation in Rakhine State, Myanmar, 15 September 2017 Statement by Minister Coveney on North Korean Nuclear Weapons Test, 4 September 2017 Statement by HE Ambassador Kevin Kelly, Permanent Representative of Ireland to the OPCW at the Fifty-Fourth Meeting of the Executive Council, 13 April 2017 Trafficking in Persons in Conflict Situations: Forced Labour, Slavery and other Similar Practices, 15 March 2017 Minister for Foreign Affairs and Trade, Mr Charles Flanagan, TD, Statement on behalf of the Government: US Executive Order (27 January, 2017) Document 3 Statement by Ms. Anne-Marie O’Sullivan Assistant Legal AdviserDepartment of Foreign Affairs and Trade at the Sixth CommitteeUnited Nations General Assembly 71st Session Document 4 Statement by Ms Anne-Marie O’Sullivan Assistant Legal AdviserDepartment of Foreign Affairs and Trade at the Sixth CommitteeUnited Nations General Assembly 71st Session Document 5 Statement by Ms Anne-Marie O’Sullivan Assistant Legal AdviserDepartment of Foreign Affairs and Trade at the Sixth CommitteeUnited Nations General Assembly 72nd Session Document 6 Statement by Ms. Anne-Marie O’Sullivan Assistant Legal AdviserDepartment of Foreign Affairs and Trade at the Sixth CommitteeUnited Nations General Assembly 71st Session Document 7 Statement by Mr James Kingston Legal Adviser Department of ForeignAffairs and Trade at the Sixth Committee United Nations GeneralAssembly 72nd Session Document 8 Common Travel Area: Information Note from Ireland to the Article 50Working Group Document 9 Good Friday Agreement and Peace Process: Information Note from Irelandto the Article 50 Working Group