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18 Jul

...a state's armed forces. (However, early U.S. commentators stated that suchindividuals may and usually should be treated as prisoners of war.) The term often used for such individuals is "fighters." The Military Commissions Act of 2009 denominates them "belligerents" to avoid modern terminology concerns over the use of "combatants." To refer to all such individuals civilians is to accept a view of the status of participants in non-international armed conflict that is not generally accepted. David Frakt John - The evidence for the CIA claim is in the article, and...
18.07.12 | |

19 Aug

...determination, but does review to make sure that the political branch(es) actually did determine than an armed conflict exists. 2) A political determination that an armed conflict exists is not sufficient in the eyes of the judiciary, but it is given substantial weight, along with other factors, in the judiciary's independent judgment as to whether an armed conflict exists. 3) A political determination than an armed conflict exists is not authoritative in the eyes of the judiciary. The judiciary exercises completely independent judgment as to whether the relevant hostilities rise...
19.08.11 | |

29 Sep

...the workday at six. They were required to carry bricks and iron roofing sheets without gloves or other protection. The sluggish and weak were kicked and hit, and discipline was enforced by the deprivation of food. The women were excluded from the air raid shelter, which was restricted to German personnel during bombing raids. As the American troops approached in February 1945, the Krupp firm learned that the Reich had decided to exterminate the women. Krupp nevertheless shipped the women back to Auschwitz and “[w]ith the exception of a few...
29.09.07 | |

26 Nov

means proceeding without the support of the US or Britain, or indeed inviting active hostility from these powers then so be it. Concerns about the Court’s long-term legitimacy are understandable but given that most of the world is appalled by the nature of Israel’s actions in Palestine and the impunity accorded to individual Israeli (or US, or British etc etc) political and military leaders, it is not unreasonable to suggest that long-term legitimacy could be increased by the Court seeking to prosecute those responsible. Fact of the matter is that...
26.11.12 | |

27 Jun

of introducing an institution with the steady-state effect of having it. [....] (v) The four principles just indicated can only be applied after the fact, to trace the consequences of a system that has been in operation for some time." As Elster says in a note discussing Edmund Burke, Karl Popper and the French Revolution, "institutions which are viable in the large and in the long term may not be so in the small and in the short term. This is, in fact, the main objection that Tocqueville makes to...
27.06.07 | |

16 Mar

...migrants are often unseaworthy, and search and rescue efforts are frequently required in order to save lives. “Rescue at sea” standards are embodied in number of international instruments, but important gaps remains—particularly related to (1) where rescued migrants should be disembarked, and (2) how best to ensure the processing of asylum claims and the provision of solutions. A UNHCR-hosted experts meeting on Refugees and Asylum-seekers in Distress at Sea (held in Djibouti in 2011) supported a Model Framework for Cooperation for rescue at sea operations. The aims of the Framework...
16.03.14 | |

26 Jul

Which dilemmas and challenges are posed by the search for European values? The conference will be held at the Graduate School of Government and European Studies and the European Faculty of Law in Ljubljana Old Town on 20 and 21 November 2015. The organizers invite researchers undertaking research on the proposed topic to submit abstracts for consideration. Interested applicants should send a 250-word abstract and a CV in narrative form by 1 September 2015 to dignitas@fds.si. Authors will be notified of acceptance by 15 September 2015. If you have any...
26.07.15 | |

17 Apr

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...
17.04.13 | |

12 Sep

...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...
12.09.23 | |

13 Oct

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’,...
13.10.24 | |

25 Jul

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25.07.06 | |

14 Apr

...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...
14.04.10 | |