Search: Symposium on the Functional Approach to the Law of Occupation
28 Mar Truth Commissions and Bureaucratic Harms: A Call for Humility in Transitional Justice
...conflict has affected the different constitutionally protected classes and give visibility to their harms without discrimination. Based on a mix of constitutional jurisprudence and Peace Agreement mandates, the Commission implements a territorial approach, a gender(-inclusive) approach, an ethnic approach, and a life course approach (referring to children, seniors, and youth as well as those living with disabilities). The work is carried out with psychosocial support and taking into account the regional differences, the latter of which is known as the territorial approach. The Commission has gone to great lengths to...
07 May Will ‘Investor-State Arbitration’ Survive the COVID-19 Crisis?
an investment court system with an appellate mechanism only where investor-State arbitration prevails at the ‘first instance’ (proposal by China), reforming the existing investor-state arbitration mechanism without a need for an investment court system (proposal by Russia). To summarize, above-discussed proposals reflect two distinct approaches, with some applying a mix of both. The first approach deals with reforming the existing ISDS setup while maintaining the principles of an ‘arbitration-based’ ruling system. It includes reforms such as the establishment of an advisory centre and a code of conduct for arbitrators. On...
03 Oct The Attack on the MSF Trauma Center in Kunduz and the Limitations of a Risk-based Approach to War Crimes Characterization (Part 2)
[Brian L. Cox is an adjunct professor of law at Cornell Law School, a visiting scholar at Queen’s Law, and a retired U.S. Army judge advocate. This two-part post commemorating the five-year anniversary of the Kunduz strike is part of a larger cross-blog collaboration with Just Security, Lawfire and the Harvard International Law Journal Online. You can find links to the other posts below.] Part 1 of this post focuses on two main Opinio Juris posts that were published soon after the official Kunduz airstrike was released to the public...07 May Something is Not Always Better Than Nothing: Against a Narrow Threshold Justification for Humanitarian Intervention
particular incidents – like the use of chemical weapons – as a trigger to legitimize or legalize humanitarian intervention. The response of international lawyers has been divided. Harold Koh identifies three camps, helpfully categorizing the broad positions that international lawyers assume within this debate. The first (and most sizable) holds that UHI is both illegal and illegitimate. The second offers that the practice remains illegal but certain manifestations may be legitimate. Finally, the third group are reformist (though some within this group already regard humanitarian intervention as lawful). They wish...25 Aug Pakistan v India at the International Court of Justice, on Kashmir?
little information coming out of the region. While few details are available currently regarding the potential ICJ case, there are a few issues to consider. ICJ Proceedings The first issue to take up is who can approach the court, and how this is done. The ICJ is an international court that is meant to resolve disputes between states. This means that breaches by a state of international law obligations can be brought before the court. It is however not a human rights court, and individuals cannot approach the court. There...13 Nov Bond and the Vienna Rules on Treaty Interpretation
Tomorrow I have the good fortune of participating in the Notre Dame Law Review symposium with leading foreign relations scholars. The topic of the symposium is Bond v. United States. The keynote will be given by Paul Clement, who won the case for Petitioner. The focus of my discussion will be the relationship between Supreme Court treaty interpretation and the international approach to treaty interpretation. As readers of this blog well know, the Supreme Court has never followed the international approach to treaty interpretation. In the over forty years since...25 Oct Theories of Corporate Liability in the ATS, a Quick List
who or what is liable, becomes a matter of US domestic civil law (with several variations, looking to federal common law or something else, but leaving aside those complications). This makes corporate liability the “hinge” that “swings” between the international law prong of the ATS and the US domestic law prong in tort. The objection is what I already noted above, the “acts” are only a “violation of international law” insofar as they are committed by something or someone legally capable of violating international law. (This is roughly the approach...