Search: Symposium on the Functional Approach to the Law of Occupation
30 Jun The Early Stages of ICC Proceedings: Why the Court Must Ensure Access to Justice for Victims and Suspects (Part I: Victims and ICC Investigations: Rhetoric v. Reality)
...interests when deciding whether to initiate a prosecution. And beyond those victims whom the Prosecution approaches, there will be many, many other victims interacting with the Court and with each other. Where an investigation is initiated under Art. 15, or where admissibility proceedings occur under Art. 18(2), Judges ask victims about their views. Once the investigation is open, victims (and their lawyers) are invariably active, and regardless of the Prosecution’s activities, they will be documenting crimes and advocating for their interests. At this stage, victims’ lawyers advise their clients on...
18 Apr Options for a Peace Settlement for Ukraine: Option Paper XIX – Minority and Language Rights
language quota; education (2017), imposing Ukrainian as the medium of instruction in state schools from the 5th grade onwards; and public institutions more generally (2017), by imposing ‘Ukrainian only’. Relatedly, Russian lost its status as ‘regional language’ in several regions and cities. When the Constitutional Court declared on 28 February 2018 the 2012 Language Law unconstitutional (1-1/2018), this opened the way for a new Language Law. The 2019 Language Law aims to ensure the functioning of Ukrainian as state language. The first step concerned language use by public authorities, and...
19 Apr Symposium on International Conflict and Security Law: A Research Handbook – Human Rights: Between Universalism and Relativism
selected issues such as the use of force, international criminal law, law of armed conflict etc. Thus, the handbook adopts a different approach and includes a wide array of topics. With sixty-four chapters divided sectionally into six parts, the handbook boasts of a vast coverage of relevant themes. The five themes identified for the sectional division of the chapters are: Protected values, Law, Institutions, Challenges and Crimes. The sixth and the last part features case studies. The first part on ‘protected values’ features contributions on the fundamental values upon which...08 Nov The Oxford Guide to Treaties Symposium: Treaty Reservations and ‘Objections-to-Reservations’
[David P. Stewart is a Visiting Professor of Law at Georgetown University Law Center] Duncan Hollis deserves hearty congratulations on the publication of the Oxford Guide to Treaties. There’s no doubt that it will quickly become the essential reference for lawyers and other treaty specialists in foreign ministries and international organizations everywhere, to say nothing of judges, professors and private practitioners. Its 25 substantive chapters cover the full range of issues raised by contemporary treaty practice, both bilateral and multilateral, so it’s definitely not a volume you’ll try to read...
26 Jan Much Ado About Nothing
[Enrico Benedetto Cossidente is an Italian Army officer and legal advisor specialized in international law and security issues. He is a PhD candidate at Ghent University. He writes in his personal capacity. The views expressed are those of the author and do not reflect the views of the Italian Army, the Ministry of Defense or the Italian Government. Twitter: @falleninlaw.] The recent cyber-operation against a US company named SolarWinds brings us again at the forefront of international cyber law and the importance of words. I will analyze what politicians and...12 Feb A Parsimonious Approach to (How) International Law (Works)
and functions of “international law.” Traditional positivist accounts are rule based. But there are competing process-based views, including the New Haven School’s vision of law as a process of authoritative and controlling decision making, and recent accounts that understand law in terms of a transnational legal process. Other approaches would include liberal accounts, which focus on the compliance as resulting from particular constellations of domestic political forces, and competing constructivist accounts. The point is that any particular conception of compliance presupposes a contested and controversial understanding of international law. So...
17 Jul Ensuring Respect for the Geneva Conventions: A More Common Approach to Article 1
[Verity Robson is the Legal Counsellor at the Permanent Mission of the United Kingdom to the United Nations and other International Organisations in Geneva. A longer version of this article first appeared in the Journal for Conflict and Security Law, Volume 25 Issue 1.] With last month’s publication online of the ICRC’s impressive new Commentary on the Third Geneva Convention, it’s worth revisiting initial reactions to the volumes published in 2016 and 2017, and reviewing how the updated Commentary has accommodated those. All three of the revised Commentaries put forward...29 Jan Muhammad Baqir al-Sadr and the Origins of Islamic Finance
where she sort of declares Islamic law as currently studied irrelevant. For Islamic finance, I think your list is good, perhaps I'd add Mahmoud El-Gamal's work, I think called an Introduction to Islamic finance. A nice skeptical approach. Now to your question, what do I mean by modernity proving itself to Islam? I guess what I mean is, one hears quite often that the problem is that the shari'a is supposed to be the law of God, and state law is the law of man, and so therefore Islamic law...