Search: Symposium on the Functional Approach to the Law of Occupation
07 Aug Fifteen Years After Sri Lanka’s Civil War Ended, a Different Approach to Transitional Justice is Needed
[Nadeshda Jayakody is an Australian qualified lawyer specializing in international human rights law, international humanitarian law (IHL), international criminal law and transitional justice. Nadeshda previously worked on accountability for human right and IHL violations that occurred in Sri Lanka as a Senior/Legal Officer at the Public Interest Advocacy Centre in Australia and as a Senior Researcher at the South Asian Centre for Legal Studies in Sri Lanka.] [This piece is written in a personal capacity and does not reflect the views of any organization the author is or was affiliated...
13 Mar Getting in Formation: WHO Constitutional Heads of Power and the Pandemic Agreement
While the pandemic roared, the world was keen to see a new and bold approach to collaboration between countries, with accountability laying at the highest levels of government, and pandemic prevention and financing as critical as outbreak response. While ongoing negotiations may see debate about form as simply a matter of legal interpretation, Member States must be cautious in ensuring that their chosen approach does not undo their work to date in negotiating a comprehensive Pandemic Agreement or undermine the scope of law-making powers available for future global health law-making....
26 Jul A Word on Criminal Omission and its Prominence in International Criminal Law
to conceptualise omission liability. Occasional lack of a clear-cut understanding of different types of omissions and failure to distinguish between superior and other forms of omission liability are just two among many examples testifying to a pressing need to further explore this highly complex debate. On the one hand, omissions have been analysed quite substantially in domestic criminal law and, at the international level, there is some case law dealing with the responsibility of states for omissions. On the other hand, the few decisions of international criminal courts dealing with...14 Aug Should the U.S. Government Change Its Approach to Zero-Day Exploits?
...exploits.” The U.S. is already a big player in this market, purchasing exploits for use by its intelligence and law-enforcement agencies. Rather than informing producers, purchasers, or users of the software of the flaws, the U.S. government (and other governments that participate in the exploits market) allegedly require non-disclosure agreements from the hackers who sell exploits so that the holes will stay open as long as possible. This has been called a strategy of offense: trying to maximize intelligence gathering capabilities. Geer paraphrases a former senior NSA official: If we...
16 Sep Transitional Justice Symposium: Connecting the Past with the Future of Consolidated Democracies
[Manal Totry-Jubran is an Assistant Professor of Law at Bar Ilan University.] Transitional Justice opened a new window of opportunity to better understand the scope of concepts such as “Political Transition,” “Justice,” “Law,” and ”Liberal Democracies,” and how these interconnect in times of political change. In it, Teitel revealed the constructive and extraordinary role that the law and legal responses play in times of political transition. Suggesting an alternative approach to the relationship between law and political transformation (p. 4), she provided a normative account on the role that the...20 Sep Haiti Cholera Update
article in the Chicago Journal of International Law here. The first signs of a change in the UN’s approach came about in August, when Deputy Spokesperson Farhan Haq said in an email quoted in the New York Times that “over the past year, the U.N. has become convinced that it needs to do much more regarding its own involvement in the initial outbreak and the suffering of those affected by cholera.” The Times reported he also stated that a “new response will be presented publicly within the next two months,...
18 Oct Removing Russia from the Security Council: Part One
much Security Council practice is an untenable result, but that is the result that arguably follows under the approach that would declare Russia’s presence on the Council to have been baseless from the start. A different approach is needed. An approach that establishes the invalidity of Russia’s current presence in the Security Council, while accounting for Russia’s presence between 1991 and 2022, is what Ukraine and its friends need. To articulate such an approach, one starts with the Charter and its provision on Security Council Permanent Membership and the circumstances...08 Mar Rights Beyond Borders
[Chimène I. Keitner, Associate Professor of Law, University of California, Hastings College of the Law; Co-Chair, American Society of International Law Annual Meeting] United States courts are not alone in confronting the question of whether certain domestic rights extend beyond the country’s territorial borders. Yet, the field of comparative constitutional law has largely ignored the question of extraterritoriality. My Article, Rights Beyond Borders, addresses that gap by examining recent case law from the United States, Canada, and the United Kingdom—three common law countries whose courts have grappled with claims by...02 Jun Guest Post: Silences in the Bond Case
the novel constitutional approach proposed by Nicholas Rosenkranz, which reads the Necessary and Proper Clause as authorizing only legislation related to creation of treaties and not to their implementation. This approach relies on a strained textual reading of the Necessary and Proper Clause in connection with the Treaty Clause which, as best I can tell, had never been made before Professor Rosenkranz came up with it. In adopting this approach, Justice Scalia completely ignores key aspects of constitutional history. As Carlos Vazquez and Ed Swaine have pointed out, the Framers...