Search: Symposium on the Functional Approach to the Law of Occupation
12 Dec UN Apologies for Cholera Outbreak: “Moral Responsibility” and Legal Escapism”
[Pierre Bodeau-Livinec is Professor of Public Law at University Paris-Nanterre and the Managing Editor of The Law and Practice of International Courts and Tribunals.] As Kristen Boon very aptly points out, apologies given on December 1 by Secretary-General Ban Ki-moon for the role of the United Nations with regard to the cholera outbreak in Haiti can only be welcomed as a highly significant “change of direction” in the conduct adopted by the UN since 2010. At the same time, the Secretary-General’s statement and the report introducing “A new approach to...
25 Apr Pursuing a Comprehensive Non-proliferation and Disarmament Agenda: Irreversible Nuclear Disarmament (IND) – An African Perspective
...states due to political will, thus a more realistic approach to IND as it considers nuclear weapons states’ concerns of geopolitical climate vis-à-vis the nuclear disarmament process. It is also important to highlight that there is a strict interpretation of ‘irreversibility’ that is more aggressive in its approach as it requires nuclear weapons states to completely abandon the production of nuclear weaponry and nuclear weapons facilities. This interpretation is in line with Article VI of the NPT. According to Avid Cliff, Hassan Elbahtimy and Andreas Persbo, this process would require...
03 Jan The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide
an unprecedented policy decision to sever its long-standing communication channels with the Israeli military authorities, having concluded that its work was rather facilitating and giving effect to inherently flawed processes intended to ‘white wash’ the army’s actions. Concluding Remarks At this critical juncture when the international community is witnessing what highly likely amounts to an unfolding genocide in Gaza, the Prosecutor’s actions are crucial. The urgent question is not whether, but how the Israeli-Palestinian setting should be approached by the Prosecutor without either (i) offending the integrity of the Court’s...
17 Jul Let’s Talk About [Sociology], Baby … Let’s Talk About All the Good Things and the Bad Things That May Be
[Tamsin Phillipa Paige is a Lecturer with Deakin Law School and consults for the UN Office on Drugs and Crime in relation to Maritime Crime.] [Recently Opinio Juris hosted a symposium on Professor Monica Hakimi’s latest article in the Michigan Law Review, “Making Sense of Customary International Law”, and her argument that the rulebook approach isn’t reflective of how CIL functions, and the need for a “real world sociological” approach to analysing the malleable nature CIL. The posts made in that symposia strongly engage with the jurisprudential questions raised in...11 Jun Guest Post: Suffering Victims and Collective Crimes: The Limits of International Criminal Law
Chamber chose to approach this from an international law perspective, linking this with the principle of non-intervention, which, it recalls, is a customary law rule established by the ICJ in the Nicaragua case. The Judges consider that “while these provisions of customary law govern conduct between States, the Trial Chamber considers that the violation of this principle by a Head of State individually engaging in criminal conduct can be taken into account as an aggravating factor” (§27). This is the first time I see this in a judgment of an...12 Feb The Shift from Proportionality to Necessity and an Indirect Comment on Gaby Blum’s Article
it here, distinction. III We also need to add the other, lawfare part, as well as the effects of a shift from the equality of obligations upon the sides to a differentiated “capabilities” approach. To start with, the technology driving these changes in the “intelligence” conflict – as distinguished from the “conventional” armed conflict or “law enforcement” paradigm, to finally get all three relevant use-of-force ideations on the table – did not come about all on its own account. In considerable part, the development of these new technologies represents an...30 Mar Statement Regarding Syria
of confronting a simple situation. And neither should we expect simple answers to such difficult questions. As the organizers of this annual meeting have reminded us in choosing its title, the central challenge for international lawyers in the 21st century is “confronting complexity.” What that means—in this and every setting that modern international lawyers face—is avoiding simplistic analogies and short-sighted solutions in favor of thoughtful, nuanced approaches that might deliver lawful and durable solutions to complex global problems. Thank you very much. I look forward to the discussion. [Go to...24 Oct Book Symposium The Electronic Silk Road: Opportunity and Complexity Along the Electronic Silk Road
...product or service or set of policies to the world? Do you tailor your offerings and approach to different countries or regions based on local law or custom or international norms? Does that calculus change depending on whether you are doing business in Germany versus China? One important approach offered in the book is to use the global trading system to apply the kind of principles like transparency and non-discrimination that have underpinned trade in goods for the last half-century in an attempt to impose disciplines on efforts to discourage...21 Nov The Ninth Circuit’s Muddled Comity Analysis in Mujica
...different or (2) when the laws are different and the interests of the forum would be more impaired than the interests of the other jurisdiction. Otherwise they apply foreign law. Applying California choice of law, the Ninth Circuit exercising diversity jurisdiction ordinarily would retain jurisdiction of the state law claims and resolve them under Colombian law (as the government with the greatest interests at stake). The whole purpose of Brainerd Currie’s government interest approach (adopted by the California courts) is to exercise jurisdiction in a manner consistent with the legitimate...
10 Jul The EU Whistleblowing Directive and #MeToo: A Missed Opportunity for the Advancement of Gender Equality in the EU (Part II)
against harassment at work”. The Commission cited specific pre-existing equality and workers’ rights legislation, including Recast Directive 2006/54/EC, as already containing such protections (see footnotes 20 and 21 of the Explanatory Memorandum). Reflective of this approach, Recital 21 of the Directive states that its provisions “should be without prejudice to the protection granted workers when reporting breaches of Union employment law” and in particular to Article 11 of Council Directive 89/391/EEC, which “already requires Member States to ensure that workers or workers’ representatives are not placed at a disadvantage because...