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04 Apr The Notions of Certainty, Finality and Predictability
...law because the factual configurations differ all the time and we can have certainty only in pure repeat, therefore perhaps in conveyancing or in most traffic offenses, but not much else in a fast moving world. The cry for certainty is therefore ignorant of the world in which we live and is childish, as has often been pointed out (to start with Jerome Frank) but especially in transactions and payments, there is an overriding and public policy need for finality. The issue of finality goes well beyond the search for...30 Nov Secretary Clinton Ordered Spying on U.N. Officials: Did Harold Koh Approve?
...“The UN relies on the adherence by member states to these various undertakings.” He noted a clause in the 1946 convention which states: “The property and assets of the United Nations, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial, or legislative action.” Interestingly, the Headquarters Agreement was also adopted by joint resolution of congress, so it is binding law. The argument from the U.S. side, if any litigation ever ensued domestically, would have...21 Feb The Collapse in Greek Living Standards, and a Question about Internal EU Welfare Migration (Updated)
...to a traditional solution to economic crisis at the individual level – migration in search of work. There is little question that a wave of educated, younger Greeks are looking to migrate and, as the article notes, perhaps repeating the out-migration of the 1940s. But there are two differences, one being the out-migration of the most educated and younger workers: As the economy implodes, young people are leaving Giannitsa. Traianos Vafiadis, who is 24, told me that of the group of six friends he has had since childhood, he is...27 May Symposium on the Law of the Sea and the Law of Responsibility
...whales, sharks and fisheries; and examine the role of the law of responsibility in recent cases involving search and rescue operations, flagged ships, and whaling. The posts will also show that in some instances, there are gaps in the general rules of responsibility that render them inadequate or inappropriate for certain types of disputes with regards to the law of the sea. A dimension of particular interest in this regard will be instances in which questions of shared responsibility arise; these posts will be cross-posted on the SHARES website at...
16 Oct The Final Frontier of Cyberspace: Ensuring that Submarine Data Cables are Able to Live Long and Prosper (Part I)
...could fall within the definition of piracy. An advantage of such an approach is that it would come with universal jurisdiction, or more accurately concurrent municipal jurisdiction, to prosecute the offence and powers of visit, board, search, and arrest for government vessels encountering suspect ships outside the territorial sea. Such a result might follow insofar as piracy covers, under both the 1958 Geneva Convention on the High Seas Article 15 and UNCLOS Article 101(a) not only acts of violence on the high seas committed from one vessel against another but...16 Mar Events and Announcements: 15 March 2021
...and to facilitate engagement with innovative theoretical, and empirical work: research which advances the study of evidence and proof, shaping future practice, and laying the foundations for a dynamic research agenda. Whilst we welcome contributions relating to the core topic of the ICC, and cognate international criminal courts and tribunals, we would encourage submissions which engage with the overarching topics, as broadly construed. We particularly welcome papers focusing on national jurisdictional approaches to international offences, in addition to theoretical and empirical works whose application reaches beyond the sphere of international...
29 Sep Symposium on the Current Crisis in Myanmar: Innovating Avenues for Justice and Accountability
and art 7(1)). Seven of the 10 ASEAN States have either signed on or acceded to the CAT. Where might it be possible, or useful, to bring domestic prosecution for related torture—or even state responsibility under the CAT? The Continued Search This fourth grim anniversary of the 2017 atrocities against the Rohingya is a reminder that neither the international community as a whole, nor we as international lawyers, should be contented with the tools we have. Use them, yes, but continue to hone them and keep searching for better ones....02 Aug Opinio Juris Symposium: The Textualist Case for Congressional Control Over Responses to Military Attacks
...three special envoys. In July 1797, Congress authorized the President to use naval vessels “to defend the sea coast, and to repel and hostility to their [United States’] vessels and commerce, within their [United States’] jurisdiction.” Seizures continued. Some members of Congress thought they were sufficiently numerous and illegal that France had started a war; others disagreed. All thought that Congress had the authority to determine the U.S. response. In February 1798 Adams reported to Congress that French privateers had entered Charleston harbor and attacked shipping there, burning one British...25 Oct IAVA Grades Congress on Supporting Our Troops (Updated)
...Reflecting its non-partisan nature, the IAVA reports its grades by state, not by party affiliation. Indeed, the IAVA does not even identify party affiliation on its list; you have to search for an individual member of Congress to learn his or her affiliation. UPDATE 2: One commenter implies that the Republicans might have received lower grades because they voted against trimming “budgetary fat.” Here is a list of some of the measures Lincoln Chafee — the Republican with the best grade, a “C” — voted against; I leave it to...
19 Apr Symposium on Confronting Colonial Objects: Stolen African Cultural Heritage – Call for the Return of Ancestral Bangwa Artefacts
[Chief Charles A. Taku is great grandson of Asunganyi, King of the Bangwa, Counsel before International Courts and Tribunals, and Former President of the International Criminal Court Bar Association] ‘To validate one’s heritage, to explore one’s culture, to examine thoroughly those institutions which have persisted through centuries, is perhaps the first step in a peoples’ search for independence and in their quest for freedom from foreign domination’. The African Reader: Independent Africa p. 3 Confronting Colonial Objects by Professor Carsten Stahn is an authoritative contribution towards the debate on the...