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17 Apr Kiobel Insta-Symposium: The Death of the ATS and the Rise of Transnational Tort Litigation
The ATS as we know it is dead. I predicted as much in October, but I was uncertain whether the Supreme Court would deliver a mortal blow and by what means it would deliver it. Now we know. The presumption against extraterritoriality, combined with a narrow interpretation of territoriality, means that the Filartiga human rights revolution is essentially over. Other posts this week will discuss whether the ATS has a future after Kiobel, but that is simply a search for a silver lining in what is, for plaintiffs, otherwise a...12 Sep Brazil’s Rise to Power must not Forget its History: On Rui Barbosa and the ICC
...borders (a losing battle considering Brazil’s democratic institutions and independent judiciary) and into an alliance with African nations to challenge the balance of power within the ICC, and, in the medium to long term, turn it into a body more politically able to address the international crimes of Western actors and their allies. This is not only much more consistent with Brazil’s diplomatic history, but also a much more morally defensible position than “Putin should be allowed impunity too”. Brazil’s search for so-called “Great Power” status has placed it at...14 Apr A Response to Christopher Bruner by Brian Cheffins
...we found, based on a search of cases filed in the United Kingdom, only one instance in three years where a case was filed against directors of a publicly traded company under corporate law claiming damages. Moreover, while our U.S. search uncovered 355 cases over a seven year period launched in state or federal courts against directors of a publicly traded company involving a claim for damages for breach of duty that resulted in a published opinion, one has to go back to the early 1980s to find a reported...25 Jul Natural Law, Positivism, and The Antelope
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To have your event or announcement featured in next week’s post, please send a link and a brief description to ojeventsandannouncements@gmail.com. Calls for Papers In Search of Second World Approaches to International Law (SWAIL): The upcoming event “In search of SWAIL – Second World Approaches to International Law” will be held from February 21-22, 2025 at Central European University, Vienna, Austria. In searching for SWAIL, this project takes as its point of departure that Eastern Europe occupies a liminal space within the discipline of international law. Neither of the ‘core’,...31 Mar Pro Koh [UPDATED]
...honest analysis– or even good faith refutation—and instead go for the cheap shots and the character assassination. Besides flinging mud at someone’s reputation, it also muddies the waters concerning the substantive issues of international law. For example, Clyne refers to Koh “attacking the 1991 operation to liberate Kuwait.” Actually, the specific quote she mentions wasn’t about Operation Desert Storm itself, but rather an argument in favor of Congressional participation in decisions to go to war. A quick search on Westlaw and you can find Koh citing approvingly to Desert Storm...
27 Nov Symposium on Open Source Investigation Labs: AI for Open Source Investigation
...how the interaction between agents lead to certain collective population behavior to emerge over time. ABM has been widely used to help policy developers in the public sector to understand how certain policy clauses will affect the behavior of individuals and whether the clauses will likely be accepted by the citizens. ABM can be used for open source investigation to help understand the spread of misinformation in certain networks as well as help understand the effect of various countermeasures. This would be useful to decide which countermeasures to invest in...03 Apr The Modern Lex Mercatoria and its Dynamism
...everything is possible for parties to create here, but the limit is the protection of the commercial flows. The insiders or professionals, especially banks and suppliers, can do what they like between themselves, create priority and ranking as suits them. They have here a search duty and must enquire to protect themselves – that is their due diligence. However, the outsider or bona fide purchaser and all buyers in the ordinary course of business of commoditized products buy free and clear of these charges and have no search duty, not...20 May Battlefield Robotics, a Very Brief Introduction
by a human in real time, but robots that are programmed with independent decision-making in the use of weapons. We are a long way from that point, if we ever actually reach it, and there can be lots of arguments that it is a line that should not be crossed. But there is no question that this is the direction of technological research. Part of the reason is that autonomous robot decisionmaking is not merely a feature of military research; it is a central proposition of robotic research generally, and...
14 Aug A Better World Emerging from the Crises
power rivalry and the beginning of American hegemony. There was no “peace dividend” because competition for Realists is forever. But competition requires competitors, so the search was on immediately for a new enemy; military spending continued, and so did NATO, though founded to defend Europe from a Soviet invasion. War games and weapons research never lagged. Since the end of the Cold War, the U.S. has experienced hardly a year without major combat, dragging NATO and other allies along. So much for victory. And, yet, this constructed world of competition...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Response by the Editors
...on International Conflict and Security Law: A Research Handbook. It took us five years to complete the manuscript against the background of the COVID-19 pandemic and other challenges, and we are very proud of the result, given the complexity of the subject matter, and the quality and amount of work invested by 64 contributors representing all major legal systems of the world. In a way, the Research Handbook grew out of a previous book project on the use of force against Ukraine, co-edited by Sergey Sayapin with contributions by Noëlle...
21.04.23
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Sergey Sayapin, Rustam Atadjanov, Nicolás Zambrana-Tevar, Noëlle Quénivet and Gerhard Kemp
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