Search: Symposium on the Functional Approach to the Law of Occupation
21 Aug The Case for Retaining Civil Liability in the EU’s Corporate Sustainability Due Diligence Directive: A Law and Economics Perspective
the CSDDD from a law and economics perspective. The debate over civil liability versus regulatory rules mirrors the broader discussion of ‘rules’ versus ‘standards’ in law and economics scholarship (Kaplow, 1992). The adoption of either approach carries distinct economic implications for companies, enforcement agencies, and affected stakeholders. Examining civil liability in the context of corporate sustainability from a law and economics lens helps understand its role in shaping compliance incentives and achieving regulatory objectives. This post will begin by unpacking the classic rules versus standards debate and discussing how it...
28 Oct Fourth Annual Symposium on Pop Culture and International Law: What if Godzilla Was a Climate Emergency?
...reawakened again, how would international law react to it from the environmental perspective? The author hopes that seeing Godzilla as a walking embodiment of an environmental disaster will prompt a reflection on the adequacy of the International Environmental Law (IEL) in dealing with climate emergencies. The issue feels particularly important considering that, as of writing this, Central Europe and the United States are recovering from storms and floods, Israel’s attacks on Gaza are causing an environmental catastrophe in real-time and the Sahara desert is experiencing its first flood in half a...
11 May Myanmar: with Military Lacking Legitimacy and Control, Elected Reps Seek Recognition as Government
form the national cabinet (except for ministries appointed and led by the military’s autonomous Commander-in-Chief, and in spite of the 2008 Constitution allocating a quarter of parliament seats to the military). The military response to the overwhelmingly peaceful post-coup resistance has included widespread unlawful killings and enforced disappearances as well as the use of torture. All are serious crimes under international law. As in the military campaigns experienced by many of Myanmar’s minority groups, such coordinated and widespread acts suggest individual criminal responsibility at the highest levels. Yet in spite...
24 Jul Procedural Efficiency and Institutional Strain at the International Court of Justice: A Delicate Balance
[ Fabián Raimondo is an Associate Professor of Public International Law at the Faculty of Law of Maastricht University. He has been a member of the Bar of the City of La Plata (Argentina) since 1990 and on the List of Counsel of the International Criminal Court since 2005. He has acted as counsel and advocate for Sudan in three advisory proceedings before the International Court of Justice. Alexandre Skander Galand is an Assistant Professor of International Law at Maastricht University. He has participated in the International Court of Justice...
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...
11 Jul Sovereignty at the Edge of Space: India, Pakistan, and the Starlink Dilemma over Data Access
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...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...
06 Feb Why Now for a Global Treaty on Older Persons’ Rights—and a Path Forward
[ Ambassador Luis Gallegos is President of the Global Initiative on Ageing and Longevity and the former Board President of UNITAR, where he led UN training efforts advancing aging policy. Jody Heymann is a distinguished professor at UCLA, an elected member of the National Academy of Sciences, and Founding Director of the WORLD Policy Analysis Center, where she led the development of the largest data resources tracking the adoption of laws and policies that matter to equality in all 193 UN countries. Aleta Sprague is Co-founder and Principal at Equal...
07 May A Truth Commission is Established in Spain: An Important Step Towards Filling the Truth and Reconciliation Gap after the Civil War and the Franco Dictatorship
entered into force. In Article 29 the Law enshrines a right of victims to an investigation and Article 2(3) provides that the Amnesty Law is to be interpreted in light of international law under which war crimes, CAH and genocide cannot be subjected to amnesties. Despite the legislative developments, prosecution remained foreclosed. Spanish courts have reiterated the approach of 2012 when faced with new cases brought in light of the 2022 Law. In 2024, the Constitutional Court provided that Law 20/2022 did not replace the Court’s interpretation of fundamental rights...19 Jun The ICC’s Special Working Group on Aggression Meets
The ICC’s Special Working Group on the Crime of Aggression has released an annotated agenda of its intersessional meeting last week at Princeton. The meeting addressed four interrelated issues: [1] The relationship between the crime of aggression and Article 25(3) of the Rome Statute, which establishes the possible forms of participation in a crime. Two different approaches have emerged: the “monistic” and the “differentiated.” The monistic approach would exclude reference to Article 25(3) in favor of a definition of aggression that specifically included possible forms of participation. The differentiated approach,...