Search: Symposium on the Functional Approach to the Law of Occupation
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...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...
31 Mar Justice in Extreme Cases Symposium: An Invitation to Think about the Way We Think in International Criminal Justice
focus on the insights which Robinson’s ‘coherentist’ approach provides for understanding the assessment of individual criminal responsibility at the International Criminal Court (ICC) and I will examine the implications of the book’s observations for the way we think about the application of those principles in practice. A new perspective on ICL principles Justice in Extreme Cases rejects the foundationalist approach to defining international criminal law (ICL) principles, which seeks to deduce the requirements of those principles from a pre-existingmoral theory. As the author notes, the plurality of plausible theories, alongside...
12 Aug Reimagining Climate Finance for Africa: A Legal Imperative for Decentralised Approaches Post-COP29
[Vieviene Antifon is a UK-based legal academic and socio-legal researcher specialising in climate finance, energy law, and international environmental law with a focus on Africa] As the dust settles on COP29 in Baku, Azerbaijan, Africa’s urgent need for climate finance remains a critical issue in international environmental law. The conference, which concluded in November 2024, saw some progress but fell short of meeting Africa’s climate finance needs. This post argues that the state-centric climate finance model not only falls short in practice but may violate core principles of international environmental...
18 May Symposium on Systemic Racism and Sexism in Legal Academia: Beyond Diversity and Inclusion – How Global Human Rights Standards Might Inform Racial Justice Initiatives in Legal Education
[Mary Hansel is an international human rights attorney and the former Acting Director of the International Justice Clinic at University of California, Irvine School of Law (UCI Law). Ashleigh Hayden is a recent graduate of UCI Law. This post benefitted from the input of numerous UCI Law students and faculty.] Introduction Law schools across the globe have declared their commitment to confronting and addressing racial injustice, particularly anti-Blackness. Efforts to make good on these declarations, especially in the U.S., tend to consist of “diversity and inclusion” (sometimes “diversity, equity and...
28 Nov Symposium on Open Source Investigation Labs: Balancing Digital Truths and Human Costs: Witnesses and Open-Source Evidence in Atrocity Trials
[Rossella Pulvirenti is a Senior Lecturer in Manchester Law School (UK), specialising in international criminal law and human rights, with a specific focus on evidence and witnesses’ rights] The evidentiary landscape of international criminal justice is undergoing a profound transformation through the use of open-source intelligence (OSINT). OSINT marks the third major revolution in evidentiary approaches to prosecuting mass atrocity crimes. While it offers unprecedented opportunities for documenting and verifying international crimes, its use generates complex questions, particularly regarding the role and protection of witnesses. In this contribution, the term...
02 May Soldier Self-Defense Symposium: The View from the Ground – Emerging State Practice on Individual and Unit Self-Defense
theory, is widely associated with the U.S. approach (although as Col. Bagwell discusses in the U.S. contribution, there is also a U.S. domestic criminal law version of self-defense in the UCMJ). Whichever approach states adopt – whether deriving individual or unit self-defense from domestic criminal law, or from sovereign self-defense – involves borrowing the “conceptual framework” (p. 430-31) and legal standards of a body of law designed for a very different context. However, given the general under-development of the concept of self-defense and large gaps in case law and state...28 Jul Don’t Let the Legal Policy Tail Wag the Foreign Policy Dog
of terrorism and the challenge of crafting laws to address it. Ben has a nice turn of phrase describing the need for the president to work with Congress in forging an appropriate legal framework: “One can still make a theoretical argument for an executive-only approach to problems like global terrorism. In practice, however, the argument is an unreal dream.” I would rewrite the sentence as to read: “One can still make a theoretical argument for a U.S.-only approach to problems like global terrorism. In practice, however, the argument is an...16 Jun Latest on War Powers and Libya: Resurrecting the WPR? (Probably Not)
the terms of a United Nations Security Council Resolution that authorizes the use of force..." in certain respects. A NEW point -- a reporter "told" me by email that when Harold Koh, for example, was asked whether it would be a "war" crime if a drone operator deliberately targeted civilian, the answer was yes because under int'l law the laws of war apply to this U.S. use of force. Don't we use such international law as background for interpreting a federal statute (or joint resolution)? The Charming Betsy, U.S. 1804....