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10 Dec

...creation of the term “cross-judging” is also somewhat unclear, given the rich literature that exists on transnational judicial dialogue and transnational legal culture. Is there something unique about the new term? Expanding external jurisprudence and internal transitional justice Teitel closes with reflections upon the challenges where courts intervene in countries where accountability has begun, but has stopped or is delayed. She suggests that there is, or ought to be, a continuum of accountability where there are domestic political considerations in play. Building on conceptions of judicial deference, subsidiarity and complementarity,...
10.12.15 | |

21 Jan

...expertise can answer and obscuring the need for other tools, as Elena Baylis suggests. Finally, different approaches may also create research hurdles; they may involve methods difficult to pursue at the same time or by the same scholars. Rationalist and experimental methods may require mathematical expertise not widely shared outside of certain fields. “Ethnographic research involves case-oriented study, including long-term fieldwork and in-depth interviews,” as Galit Sarfaty explains. The burdens of doing such work well may make it difficult for all but the most committed to undertake. What might be...
21.01.15 | |

12 Jun

The NSA may be collecting data on Americans in the United States. What about Americans abroad? “Foreign intelligence” is a term threaded through the surveillance debate, with a general understanding that collecting that kind of information is okay. The term is defined in a territorial sense, in the sense of intelligence originating outside of the United States. Under the FISA Amendments Act, the Attorney General and the NDI are required to adopt “targeting procedures that are reasonably designed to ensure that any [intelligence acquisition] is limited to targeting persons reasonably...
12.06.13 | |

27 Aug

Thank you for this opportunity to guest blog on Opinio Juris. I would like to start with some comments on post-conflict reconstruction – an issue that now tops the UN’s security agenda, and is one of the biggest foreign policy challenges for the US. In less than 2 decades, multilateral intervention in post conflict zones has shifted from short term interventions with limited military mandates to long term nation building programs with broad legal objectives. Kosovo and East Timor stand out as the high water marks of multilateral post-conflict intervention,...
27.08.07 | |

30 Mar

...resisted. They will not prevail, not over the longer term. We are where we are, in an imperfect world, and we are in it together, a common humanity, from Anchorage to Abu Dhabi, from Brixton to Bali, from Cartagena to Canberra. As Paolo Giordano puts it in a sublime and painful essay: ‘And so the epidemic encourages us to think of ourselves as belonging to a collective. It pushes us to behave in a way that is unthinkable under normal circumstances, to recognise that we are inextricably connected to other...
30.03.20 | |

05 Apr

...International Criminal Court has contrived to reject the existence of the state of Palestine. Writing in 2009 on behalf of Al-Haq, and advocating that the Prosecutor accept the Palestinian declaration, the point was made that while the existence of the state of Palestine was indeed moot for the purpose of international law and international relations generally speaking, there was adequate factual and legal justification for the ICC to accept Palestine’s article 12.3 declaration. It was suggested that ‘a determination by the Court that Palestine is a state that can engage...
05.04.12 | |

27 Jun

...atu ki te Kuini o Ingarani ake tonu atu-te Kawanatanga katoa o o ratou wenua. I have bolded the operative terms. The problem is that kawanatanga does not mean “sovereignty”; it means “governance” — a much weaker term. Indeed, it is clear that the Maori did not intend to cede anything resembling sovereignty to the Queen, given that the Maori version of the Treaty does not use the Maori word for “sovereignty,” kingitanga, or even the Maori word for “independence,” rangatiritanga. Just as important, the British had to have known...
27.06.08 | |

30 Mar

...he noted that it would be guided by a combination of science and pragmatism (my emphasis) and emphasized the importance of “defin[ing] a path forward that will be supported by the people that we serve.” Not surprisingly, President Obama’s announced goal of returning US emissions to 1990 levels by 2020 falls well short of what many other countries would like (although his longer term target of reducing US emissions by 80% by 2050 is comparable in ambition to the EU). The negotiations are currently fragmented between two groups that meet...
30.03.09 | |

26 Jul

...of experts, he believes that Israel continues to occupy Gaza (p. 2): For the purpose of answering the question posed, the question whether the Gaza Strip constitutes territory occupied by Israel is decisive…. It should be taken into account that the withdrawal was not as complete as it should have been in order to terminate Israel’s position as an occupying power. Israel continue to control access to Gaza from land (except for a relatively short border line with Egypt, which however was closed pursuant to an understanding between Israel and...
26.07.14 | |

22 Oct

time, but let me insist that the state's predicating detaining/killing people on self-defense grounds (outside of imminence) is not a space with which I would wish that we join. For me, it is very quickly "enemies lists" and "who can we disappear and whack" because "we" think they are bad people. We are not far from "thought crime" here. In fact, we are there I would suggest. Given the capacity of state actors to "freak out" (term from the Margolis paper) I hope that those thinking in these terms have...
22.10.10 | |

26 Jun

...power to legislate, but this is precisely controversial. There’s nothing in the Charter suggesting the existence of such a power, though some have argued that it falls within its wide powers to maintain or restore international peace and security. But moving from the idea that threats to the peace need to relate to concrete circumstances to an abstract notion that any act of (international) terrorism or proliferation of WMD constitutes such a threat simply serves to decontextualize determinations (and note that the Council did not actually ‘determine’ a threat to...
26.06.14 | |

29 Nov

...– 2013). Ambassador Tiina Intelmann (Estonia), was recommended for the post by the Bureau in July. She will replace Ambassador Christian Wenaweser (Liechtenstein). The Assembly will further elect the Prosecutor who shall hold office for a term of up to nine years and shall not be eligible for re-election. As mandated by the Rome Statute, every effort shall be made to elect the Prosecutor by consensus. The four shortlisted candidates recommended by the Prosecutor Search Committee are: Ms. Fatou Bensouda (Gambia), Mr. Andrew T. Cayley (United Kingdom), Mr. Mohamed Chande...
29.11.11 | |