Search: Symposium on the Functional Approach to the Law of Occupation
06 Dec Regionalization as a Blessing or as a Curse? The EU and International Criminal Justice
[Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Programme Director of the Grotius Centre for International Legal Studies. He is Co-Editor-in-Chief of the Leiden Journal of International Law, Executive Editor of the Criminal Law Forum and project leader of the Jus Post Bellum Project.] Introduction International Criminal Justice is a tipping point. It is a bit like a scene in Woody Allen’s “Match Point” movie. The ball is in the air. It has hit the net. But it cannot quite decide where to...02 Apr The Sources of the Modern Transnational Lex Mercatoria
and its participants itself, where necessary supported by treaty law (like the Vienna Convention on the International Sale of Goods), and in practice formed and operating much like public international law with its different sources, as may be shown particularly in its foreign investment law branch. That is the modern lex mercatoria. It is very different therefore from the law of the codification, but similar to what prevailed earlier. It is now in its formation and operation in fact closer to the common law which is not statist per se...19 Oct YJIL Symposium – Observations on a Fiduciary Theory of Jus Cogens
two would be an exaggeration. Jus cogens does not actually challenge positivism; on one possible interpretation, it can provide exception to the positivist criteria of law-making because it is public policy; on another interpretation, jus cogens actually conforms to the requirements of positive customary international law, but the constituents of customary law are then redefined in practice, again to conform to the public policy nature of jus cogens. These two explanations are not mutually exclusive. In more specific terms, the international tribunal’s consistent willingness to accept the customary law status...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...16 Sep IL/IR Book Discussion: Steinberg Reply to Hurd
[Richard H. Steinberg is Professor of Law at the University of California. Los Angeles; Visiting Professor of International, Comparative & Area Studies at Stanford University; and Director of the Sanela Diana Jenkins Human Rights Project.] I am grateful for Ian Hurd’s thoughtful comment on my book chapter partly because it supports my claim that that everyone borrows from the realist tradition. Moreover, Hurd’s comment inadvertently recapitulates a narrow structural realist view of international law (recalling the associated dysfunctional debate of the 1980s) that I intended my chapter to supersede, offering...04 Jul Is the Requirement That Crimes Against Humanity Be Committed Against a “Civilian Population” Really Necessary?
...the crime. Case law is peppered with discussion as to whether those who are hors de combat are “civilians” or constitute members of the “civilian population” for the purposes of crimes against humanity. Careful examination of this jurisprudence reveals that international criminal courts and tribunals, particularly the ad hoc tribunals, have taken different approaches to this issue. The International Criminal Tribunal for the former Yugoslavia’s (ICTY) case law has taken a meandering path. Some cases have endeavoured to include those who are hors de combat within the notion of “civilian”...
26 Jan It is in the Interest of India to Settle the Jadhav Matter (India v. Pakistan) through Diplomatic Methods
the power of High Courts to grant any relief “… in relation to a person … who is for the time being subject to any laws relating to any of those Forces … in respect of any action taken in relation to him … as a person subject to such law.” Mr Jadhav is, of course, not a member of any armed forces of Pakistan, but for sure, he was subjected to Army Act, 1952 – a law relating to the armed forces of Pakistan. Fair Trial May Not Necessarily...
27 Nov Why Should the UN “Govern AI for Humanity”: What is at Stake and What is the Urgency?
poses several risks to humanity and, particularly, to vulnerable groups, such as children, women and girls, and minorities, especially in the Global South. Furthermore, its risks in different critical civilian fields which have a direct impact on human rights, such as the law enforcement, administration of justice, and border control, environment, are already materializing. In the military domain, AI’s implications to international peace and security, have been discussed by the Group of Governmental Experts on Lethal Autonomous Weapons Systems (GGE on LAWS) of the Convention on Certain Conventional Weapons (CCW)...
12 May Hunger Must Be Discussed as a Human Rights Violation
...‘Right to Food’ Based Approach is Essential to Eradicate Hunger In light of the rights-based approach, hunger should be evaluated through the right to food, and in terms of the right to food, interstate cooperation is a legal responsibility to ensure socio-economic rights in accordance with Article 11(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The obligation to fulfill the right to food is divided into three sub-categories: (a) the obligation to facilitate, (b) the obligation to provide, and (c) the obligation to promote. Among these...