Search: Symposium on the Functional Approach to the Law of Occupation

Field The opportunity to study law for many represents a significant step up the social ladder. For law students, the decision to become a human rights lawyer can be a luxury, because it is traditional lawyering or scholarship that can best guarantee status and economic independence. Choosing public international law, and in particular human rights law, as trajectory means taking the risk of settling with less money than a corporate lawyer. Likewise, to be a critical scholar or practitioner takes some sort of security of livelihood, not only with a...

applied in other contexts and is a useful approach. For example, Section 7(1) of the UK Bribery Act holds that a company will be liable for a failure to prevent bribery. However, it is a defense for a company to show that it had in place adequate procedures designed to prevent this failure (s.7(2)). This ‘adequate procedures’ defence aims to incentivise companies to develop policies and procedures to prevent bribery and is also now reflected in the proactive and preventive due diligence approach set out in the draft treaty. The...

Salem "Such threats of extra-legal measures" What extra-legal measures? Bolton explicitly states that he will take measures "permitted by U.S. law." Or are you claiming that ASPA is somehow a violation of international law? You can't have it both ways. Yes, France doesn't need US consent to prosecute US citizens who commit crimes under French law in French jurisdiction. But by the same token, the US doesn't need Gambia's consent to prosecute Fatou Bensouda if she conducts ICC-related investigative activity in a US jurisdiction. Mind you, it's far from clear...

[Alonso Gurmendi is a contributor for Opinio Juris and Assistant Professor at Universidad del Pacífico Law School, in Lima, Peru.] I am a long-time fan of 4X games. For the uninitiated, that stands for Explore, Expand, Exploit & Exterminate Games – a (lame) 1990s pun turned game-genre, coined by Video-Game reviewer Alan Emrich who wanted to promote his Master of Orion review by saying it was “Rated XXXX”. To use Emrich’s original definition, 4X games are those in which “players must rise from humble beginnings, finding their way around the...

and what lawyers think it requires from technology. While some lawyers consider encryption to be necessary, tool developers issue caution as the data will be ‘in the wild’ at some point, meaning that there can be irrecoverable data loss with the use of certain high-security features such as end-to-end encryption. [e]yeWitness navigated this issue through the inclusion of lawyers as end users of the tool throughout development. This resulted in an encryption process that reflected the analog system sufficiently. Including lawyers as end users of the data throughout the development...

comply with Indian laws regarding data access, surveillance, and interception. While the GDPR may serve as a foundation for data protection laws, India’s approach has proven to be more comprehensive, incorporating national security considerations alongside privacy protection. ITU and the Global Governance of Satellite Infrastructure “It should not be inferred from the above that international law has nothing to offer in the sensitive regard of satellite data access and infrastructure governance – on the contrary. The International Telecommunication Union (ITU) plays a central role in the technical coordination of global...

...litigated by Russia in both cases. The ICJ in Georgia v. Russian Federation held that negotiation must be “distinct from disputation or protest”, and there must be genuine attempt to negotiate, and evidence of such must be submitted to the court. These are preconditions to be fulfilled before parties can approach the ICJ (which in Georgia v. Russia were not satisfied). However, using the same approach, the court found that these conditions were satisfied in Ukraine v. Russian Federation, thereby finding jurisdiction and permitting the case to proceed. The ICJ...

used in order to prevent and mitigate the unintended consequences of sanctions on people and environment in target States. This issue may be dealt with according to two complementary approaches. The first approach valorizes the State duty to protect under the first Pillar of the UNGPs. State duty to protect enshrines one of the basic tenets of the international human rights law regime and emphasizes the role of States in safeguarding individuals’ human rights against violations committed by non-state actors, including business enterprises. According to this duty, in effect, States...

respect due to these highest level norms; (b) more aggressively formulated, may in fact facilitate the commission of the crimes, thereby violating jus cogens; and (3) also violates what the International Law Commission identifies in its “Articles on the Responsibility of States for Internationally Wrongful Acts” as the duty of all states to “cooperate to bring to an end through lawful means any serious breach” “of an obligation arising under a peremptory norm of general international law” (Art. 41.1.) The UN Charter. Second, the chapter examines the relationship between the...

[Eve Massingham , Simon McKenzie and Rain Liivoja are members of the Law and the Future of War Research Group at the University of Queensland Law School. The Research Group receives funding from the Australian Government through the Defence Cooperative Research Centre for Trusted Autonomous Systems. The views and opinions expressed in the article are those of the authors, and do not necessarily reflect the views of the Australian Government or any other institution. This post is part of our symposium on legal, operational, and ethical questions on the use...

[Mateusz Piątkowski is an Assistant Professor at the University of Łódź, Poland (Faculty of Law and Administration, International Law Department), Attorney-at-law, and Member of the Polish Society of the Military Law and the Law of War. You can find Part I of this post here.] Under international law, military confrontations between states are measured by their intensity and gravity. To establish the threshold and to distinguish between the less and more grave forms of use of force, ius ad bellum offers a three-tier classification of interstate incidents. Tier one is...

not bound by the treaty.” (emphasis added) But the presumption is clear: “Unless the author of an invalid reservation has expressed a contrary intention or such an intention is otherwise established, it is considered a contracting State … without the benefit of the reservation.” On its face, this approach makes little sense and smacks of unfairness. As the United States has consistently noted, it is difficult to square this approach with the bedrock principle of treaty law that States are bound only to those obligations they affirmatively consent to undertake....