Search: Symposium on the Functional Approach to the Law of Occupation
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...
28 May Revisiting the ‘No Case to Answer’ Procedure – the First Step in the Right Direction
...March 2018). In 2016, I argued (here) that incorporating the traditional test for NCA motions, designed for jury-based trials, in international criminal adjudication is illogical at worst and confusing at most. The core of the problem is that it requires the specific Trial Chamber, who is both a trier of law and of fact, to speculate as to whether a reasonable trial chamber could convict. I proposed two options to solve the problem. According to the first option, the Trial Chamber can only examine the evidence as a trier of...
15 Jul Intervention in Civil Wars and the Dangers of Legitimacy
branches of international law, such as international criminal law and international humanitarian law, have been reshaped in light of human rights. Interventions in internal conflicts have not been immune to this process. Accordingly, over the past years we have witnessed a new shift from effectiveness to legitimacy, whereby human rights have emerged as a parameter of legitimacy. It should be noted that, in my view, this is a new trend and has not attained the status of customary law yet. We are currently witnessing a moment of transition whereby the...
02 Feb Action and Redaction: Reclassification at Cambodia’s Hybrid Tribunal
filing urges that the SCC take responsibility for protecting victims from loss of face, the violation of personal or familial privacy, and recrimination. Archival Approaches The Lead Co-Lawyers’ suggested approach to reclassification is both defensible and feasible: to hear from individual civil parties as to their preferences for all documents they have provided or that may affect them, and to gain their informed consent for the making public of such material. Within this, the Lead Lo-Lawyers propose dealing first with evidentiary material because it is this material that might otherwise...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,...
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...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...
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...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...
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...