Search: {search_term_string}
04 Jun Big Brother Watch v. UK: A Landmark Judgment Missing the Mark
...given prior to every transfer” (para. 362). Finally, where intelligence surveillance concerns the UK’s request to obtain information or to search for information in the data or metadata acquired and stored by a third country, the Court forcefully stresses that these systems must not result in any circumvention of the requirements it has set out (para. 497).Therefore, requests can only be made if there is a basis in domestic law, which must be accessible and foreseeable and with clear rules “which give citizens an adequate indication of the circumstances in...
15 Jan Symposium: A Commentary on Complex Conflict Situations
...Chapter 3 particularly supports this view by arguing that there can be a hybrid view between a purely global or mixed approach with regard to current complex conflict situations. I am also relieved to see however, that Mačák is not attempting to argue the development of a third category of armed conflict but rather internationalization as a dynamic process. This means that there can be conflicts such as those mentioned above that might contain regions of NIAC and regions of IAC. In terms of my own current research focus, in...
24 May Punishing Atrocities Symposium: Selectivity, Goals, and the Legitimacy of International Criminal Law
...to multiple audiences at the local, national, and international level.” (150-51) The problem is that these audiences are not necessarily interested in the same messages. Local audiences may want to hear the ICC condemn the persons and crimes that affected them most directly. National audiences, defined in terms of the governing elite, may also desire one-sided messages of condemnation; but defined more broadly, may benefit from a wider distribution of blame. Meanwhile, the international community may be less interested in the ICC’s messages regarding the particular circumstances of a given...02 Oct Many Generalizations about International Law Professors …
the use of comments and e-mail suggest they are looking to improve their argument or see if their thinking is in the right place. It's also assumed that blog posts have significant less time put into research, and it's very conceivable that the author, in an effort to put something out for people to read, missed an important part of the research in their post. For a scholarly article or book on the other hand, the research is assumed to be (near) exhaustive. Blog posts certainly cannot be seen as...
29 Apr Symposium on Soldier Self-Defense and International Law: Highlighting and Framing the Issue
[Elvina Pothelet is a Ph.D. candidate at the University of Geneva, and a teaching assistant and researcher at the Geneva Academy of International Humanitarian Law and Human Rights.] It is tempting to think of soldier self-defense as a black hole in the galaxy of international law: in the same way as black holes grow continuously by absorbing mass from their surroundings, soldier self-defense seems to have become an ever-growing legal object in recent years, absorbing concepts from the jus ad bellum, international human rights law, domestic criminal law – depending...07 Jul Events and Announcements: July 8, 2013
Calls for Papers Transnational Dispute Management has issued a call for papers entitled: “Reform of Investor-State Dispute Settlement: In Search of A Roadmap.” Publication is expected in October or November 2013. Proposals for papers (e.g., abstracts) should be submitted to the editors by 15 September 2013. A call for papers has been issued for the inaugural conference of the Stockholm Centre for the Ethics of War and Peace. The topic is The Ethics of War in the 21st Century. Papers of no longer than 5,000 words are due 1 December...27 Apr Truth Commissions and Colonial Atrocities: Moving the Needle Further Towards State Responsibility?
...Reparations may include the payment of compensation, memorialization and further investigation. Previously, truth commissions that have issued recommendations for reparation include Morocco and Chile (the Rettig Commission, which included search for remains of the disappeared). Clearly, reparations are dependent on the political will and financial ability of the government, and they are a powerful step in providing a measure of redress for mass atrocities and historical injustices. The Mauritius truth commission placed responsibility on the colonial powers in addition to Mauritius, and recommended that the Mauritian government ask for reparations...26 Feb U.S. v. Microsoft (Microsoft-Ireland): Implications for International Lawmaking
...a cross-border search. It’s not a question of whether the Government needs more tools to investigate transnational crime. And it’s not about whether criminals can evade law enforcement efforts by storing incriminating materials abroad. What the Government seeks could be achieved through the existing MLAT process, through collaboration with Ireland, through new legislation (such as that currently proposed by a bipartisan group of Senators), or through the negotiation of bilateral and multilateral treaties. It’s also not a policy question of what might be a sensible approach if Congress rewrote the...
12 Aug Remembering Biafra
...population, as defined in international law and Israeli law alike.” A group of Knesset members sought a Security Council meeting and even the creation of an “international relief force to provide urgent assistance to the people of Biafra by air, sea, and land, with or without Nigeria’s consent, (…) and break the siege designed to exterminate the Biafrans.” In the broader Jewish diaspora, the American Jewish Congress’s Commission on international affairs also mobilized and wrote a memo pointing to the question of whether there was genocide occurring in Biafra as...