Search: Symposium on the Functional Approach to the Law of Occupation
18 Dec How to Increase “Maximum Pressure” on North Korea By Reconsidering Options at Sea
the most legitimate measures to against a recalcitrant state, and presents an opportunity to strengthen the effectiveness of the sanctions regime as a matter of law. Considering the politics within the Security Council, however, this approach might be the most difficult measure to implement, as the acquiescence of all five permanent Members are required. Russia and China have protected North Korea in the past and likely will not approve such an approach. Moreover, Russia and China already have weakened presidential statements in this regard. A second approach is to conduct...
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...
16 Aug The ICJ’s Judgment in Nicaragua v. Colombia: Back to the Basics
of the Draft Conclusions. Or perhaps the Court felt that the circumstances of the case required a more flexible approach than the methodology prescribed in the Draft Conclusions? At this point, it is important to briefly discuss the reaction of States to the Draft Conclusions and how it squares with the Court’s methodology. Several delegations in the discussions held in the Sixth Committee of the General Assembly reiterated the two-element approach to ascertaining customary international law. They called for a rigorous methodology to ascertain customary international law so that it...16 Sep IL/IR Book Discussion: Beyond the “Isms War”?
[Jeffrey L. Dunoff is the Laura H. Carnell Professor of Law at Temple University Beasley School of Law and Mark A. Pollack is professor of Political Science and Jean Monnet Chair ad personam at Temple University] One of the most difficult choices in our book, and one of the most contentious discussions at two book workshops, was about how to approach the question of “theory.” Our approach was to identify four research traditions in IR that had been invoked productively by IL/IR scholars – namely, realism, institutionalism, liberalism, and constructivism...11 Mar YCS Applications of the New Haven School: Professional Scholarship
Levit put it, “International law is not always a matter of deliberate, reflective choice.” Levit recommended shifting the gaze of international law away from high-level diplomacy in order to take account of the unofficial practices and behaviors of epistemic communities that affect the lawmaking process. While Levit recognized the democratic legitimacy challenges presented by this “bottom up” approach and admitted that this is not necessarily the preferable or desirable approach, she emphasized the approach’s value in revealing the mythological quality of many traditional international law stories. She also saw value...
28 Jul Drop in the Ocean? Rethinking Jurisdiction in Climate Litigation
the need to reconsider human rights jurisdiction. Could the jurisdictional barrier be overcome? To explore this, the jurisprudence of the Inter-American Court of Human Rights (“IACtHR”) is significant. The following section will clarify the notion of jurisdiction under international human rights and examine the IACtHR’s progressive approach. Jurisdiction in Human Rights Context and Inter-American Court’s Approach In international human rights law, jurisdiction denotes the scope of a state’s obligations toward individuals, and not merely its sovereign authority. Although primarily territorial under ECHR Article 1 (M.N. and Others v. Belgium para....
09 Oct Trump vs. International Law: The Trump Administration and International Criminal Justice
… by promoting a culture of accountability that can help increase stability and thus decrease the need for far more costly military interventions in the future. Remaining engaged with the Court is an example of what Harold Hongju Koh and others call a “smart power” approach: not to shut ourselves off to those with whom we disagree, but to engage and work for mutually beneficial improvements that advance U.S. interests, including our interest in justice and the rule of law. The Trump Administration would do well to heed this call....
02 Apr April 30th Deadline: States Should Start CAH Treaty Negotiations with this Modernized Apartheid Definition
[ Lisa Davis is a professor of law at CUNY Law School, and the ICC special adviser on Gender and Other Discriminatory Crimes. Kirby Anwar is Visiting Associate Professor of Law at the Human Rights and Gender Justice Clinic, CUNY School of Law. Wendy Isaack is Senior Legal Fellow at MADRE. Huma Saeed is Senior Transitional Justice Fellow at Human Rights and Gender Justice Clinic, CUNY School of Law and Afghanistan Advisor at MADRE.] As governments prepare submissions to the UN Secretary-General on the draft crimes against humanity (CAH) treaty,...