Search: Symposium on the Functional Approach to the Law of Occupation
09 Aug Solidarity “A La Carte”: The EU’s Response to Boat Migration
[Jean-Pierre Gauci is the Arthur Watts Senior Research Fellow in Public International Law at the British Institute of International and Comparative Law (UK) and the Director of The People for Change Foundation (Malta). Eleni Karageorgiou, is a Postdoctoral Fellow, Department of Law at Lund University and Researcher at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (Sweden).] Two shipwrecks close to the Libyan coast on 18 April 2015, which led to over 1,100 deaths followed by high numbers of refugee arrivals to Europe, mainly from Syria, resulted in...
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...
08 Aug Nature and Nurture: How War Weaponizes Gender and the Environment
[ Donna Cline is a US-licensed criminal practitioner and lead for the Environment Mobile Justice Team at Global Rights Compliance, where she works closely with Ukrainian prosecutors to ensure accountability for war crimes. Julia Tétrault-Provencher is a Canadian lawyer (Quebec Bar) and international lawyer with the Sexual and Gender-Based Violence Mobile Justice Team at Global Rights Compliance in Ukraine.] Legal practitioners and scholars alike often remark that the environment is “the silent victim of war” (for instance here, here, or here). This saying is not without merit; thinking about the...
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)...20 Mar Recognizing the Complexity in Comparative Analysis of National Treaty Law and Practice
...on the topic suggests that, although virtually all states require some form of legislative approach for some treaties, the diversity of approaches makes it difficult to create a uniform spectrum on one end of which the United States lies. For starters, Oona suggests that Tajikistan and the United States are “the only countries in the world that provide for less involvement by a part of the legislature in treaty-making than in domestic lawmaking and make the results of this process automatically part of domestic law . . .” (p. 37)...
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...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”...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...