Search: Symposium on the Functional Approach to the Law of Occupation
13 Mar The Double Standards in the Council’s Treatment of Country Situations
Our criticism of the Human Rights Council’s eight resolutions against Israel is not to say that Israel’s human rights record should be immune from criticism. To the contrary, Israel should be held accountable for its human rights abuses, as should every other UN member state. The problem is that at the Council, Israel is not treated like any other UN member state. Comparing the Council’s approach on Israel to its approach on Sudan, the only other country that it addressed publicly in 2006, illustrates the point. After widespread criticism of...
09 Feb Civil Society Documentation Efforts: Working Together to Identify and Find Solutions
and what lawyers think it requires from technology. While some lawyers consider encryption to be necessary, tool developers issue caution as the data will be ‘in the wild’ at some point, meaning that there can be irrecoverable data loss with the use of certain high-security features such as end-to-end encryption. [e]yeWitness navigated this issue through the inclusion of lawyers as end users of the tool throughout development. This resulted in an encryption process that reflected the analog system sufficiently. Including lawyers as end users of the data throughout the development...
30 Nov UNSC Veto Power Symposium: New Perspective for Tackling a Core Challenge to the UN System on the 75th Anniversary of the United Nations
respect due to these highest level norms; (b) more aggressively formulated, may in fact facilitate the commission of the crimes, thereby violating jus cogens; and (3) also violates what the International Law Commission identifies in its “Articles on the Responsibility of States for Internationally Wrongful Acts” as the duty of all states to “cooperate to bring to an end through lawful means any serious breach” “of an obligation arising under a peremptory norm of general international law” (Art. 41.1.) The UN Charter. Second, the chapter examines the relationship between the...23 Jan Guest Post: Steinman–SCOTUS Decision in Daimler AG v. Bauman: Constitutional Limits on General Jurisdiction
[Adam N. Steinman is Professor of Law and Michael J. Zimmer Fellow at Seton Hall University School of Law. This contribution is cross-posted at Civil Procedure & Federal Courts Blog.] Last week the Supreme Court issued its decision in Daimler AG v. Bauman, a case covered earlier here and here and here. In many ways, the case resembles Kiobel v. Royal Dutch Petroleum, last Term’s decision on the Alien Tort Statute (ATS). The Daimler plaintiffs had brought claims under the ATS against Daimler—a German company headquartered in Stuttgart—for human rights...22 Jul The IHL / LOAC Divide Does Not Exist: On the Myth of the Two Cultures Problem in a Postcolonial World
of the regulation of war is the history of how the “laws of war” became “international humanitarian law”. As I conclude there: “The laws of war, as the language in which the old structure was premised, thus became the vehicle through which the new stakeholders in the Global South, the ICRC and the Communist world, pursued their agendas of change, and facilitated the emergence of a new paradigm through which to understand war and the laws of war”. Some communities just haven’t figured this out yet, as Cox’s post shows....
02 Mar Unilateral and Extraterritorial Sanctions Symposium: Unilateral and Extraterritorial Sanctions – Economic Operators and the Rise of the Business and Human Rights International Legal Framework
used in order to prevent and mitigate the unintended consequences of sanctions on people and environment in target States. This issue may be dealt with according to two complementary approaches. The first approach valorizes the State duty to protect under the first Pillar of the UNGPs. State duty to protect enshrines one of the basic tenets of the international human rights law regime and emphasizes the role of States in safeguarding individuals’ human rights against violations committed by non-state actors, including business enterprises. According to this duty, in effect, States...
07 Sep BHR Symposium: Global Supply Chains–Where Art Thou in the BHR Treaty?
applied in other contexts and is a useful approach. For example, Section 7(1) of the UK Bribery Act holds that a company will be liable for a failure to prevent bribery. However, it is a defense for a company to show that it had in place adequate procedures designed to prevent this failure (s.7(2)). This ‘adequate procedures’ defence aims to incentivise companies to develop policies and procedures to prevent bribery and is also now reflected in the proactive and preventive due diligence approach set out in the draft treaty. The...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)...
01 May Soldier Self-Defense Symposium: The Evolution of the UN Doctrine of Self-Defence in UN Peacekeeping
UN peacekeeping forces has evolved as UN peace operations have evolved. Given this evolution, can one consider that self-defence by UN peacekeepers is still sourced in domestic law or has it developed its own normative framework as a matter of international law? The UN views its peacekeepers as having an inherent right of self-defence. Is this approach consistent with the law of self-defence in domestic law, and what does the word “inherent” mean in the context of commanders controlling the use of force by peacekeepers? The UN has originally interpreted...