Search: Symposium on the Functional Approach to the Law of Occupation
24 May Policy Recommendations to Meaningfully Mitigate Civilian Harm in Military Operations: A View from the Netherlands (Part I)
[ Megan Karlshøj-Pedersen is a Policy Specialist at Airwars, working across the U.K., U.S., the Netherlands and other European countries. Jessica Dorsey is an Assistant Professor of International and European Law at Utrecht University and the Managing Editor of Opinio Juris. Both authors are part of the civil society and academic consortium advising the Dutch Ministry of Defence described in this two-part post. Part II can be found here.] Over the last four years, a consortium of academic experts and civil society organisations has been engaging with the Dutch Ministry...01 Mar The Impact of Unpaid Internships at the ICC on the Development and Legitimacy of the ICC
...play. These are all sharply distinguished in the various legal traditions, and it is unsurprising that lawyers trained in one or the other have difficulty accepting and putting into practice that with which they are not familiar. These ingrained approaches, continental and common and all the various substrata of them, are baggage brought with lawyers from domestic jurisdictions, and that this has carried on happening despite the ICC now being operative for a generation, may be partly ascribed to the policy of unpaid internships and related matters pertaining to a...
12 Jan ‘Giving Effect’ to VCLT: Analysing the Treaty Interpretation Route Taken by the Panel and the Arbitrators in China-Enforcement of Intellectual Property Rights
[Kartik Sharma is an undergraduate law student at National Law School of India University, Bengaluru and an analyst at SpicyIP] The first sentence of Article 1.1 of the TRIPS agreement requires members to ‘give effect to the provisions’ of TRIPS. Its exact meaning found centre-stage in a WTO dispute between the European Union and China, wherein Chinese courts were issuing anti-suit injunctions (ASI), thereby prohibiting Standard Essential Patent (SEP) holders from enforcing their rights abroad (through legal proceedings) in other WTO members’ jurisdictions. Now the member state obviously must implement...28 Jul John Ruggie and “The Norms”
...Norms approach. It’s a much more accretive, take-what-you-can-actually-get approach. The result would be something lumpier than the Norms approach, with differential standards sector-by-sector. Ruggie’s approach also deploys social norms and expectations by way of advancing corporate accountability to human rights values, implicitly questioning whether international law is a necessary tool here. Ruggie’s work as SR continues through this year, with various fact-finding activities and expert workshops as described on his public page. This could be an important undertaking, albeit one mostly under the radar screen of policymakers and the media....08 Mar Bojana Asanovic Responds to John Tobin
Panel 2 of the NYU JILP Vol. 44:2 Online Symposium Bojana Asanovic is a barrister at Lamb Building, Chambers of Ami Feder in London. She specialises in immigration, asylum and human rights law. This note examines the way in which asylum claims based on sexual identity are determined as a flagrant breach of Article 8 ECHR after HJ and HT, UKSC (2010). I will take the case of DBN v the United Kingdom, (26550/10) ECHR 192 (2011) as its starting point, and follow with a brief look at...12 Mar Introduction to Symposium on Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice
violations of Andean rules. This circumspect and formalist approach has enabled the ATJ to retain its fidelity to Andean law while building relationships with national administrative agencies, courts, and lawyers. But this approach also means that, unlike in Europe, Community law is not an engine of regional integration. Transplanting International Courts updates and consolidates our decade-long study of the ATJ and the Andean legal system, allowing us to focus on the recent period of political turmoil in the Andes, as leftist-populist leaders in Venezuela, Bolivia, and Ecuador entrenched their power...12 Nov John Jackson, the Gentle Giant of International Trade Law
approach, in the state of nature, towards a rule oriented approach.” Thus, Restructuring the GATT System, based on thirty years of observation and analysis, formed the basis for Jackson’s advice to the government of Canada regarding institutional issues in the Uruguay Round. Jackson explicitly took a “problem-solving” approach. However, he made the jump from addressing specific problems to a more comprehensive, forward-looking and “fundamental” approach. Jackson saw that the charter of the new organization must be simple and discrete, “focused on the institutional and procedural issues, largely leaving substantive rules...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Protection of the Environment under International Conflict and Security Law
notion and analysis of threats to international peace and security, and the book addresses the issues through a number of valuable interdisciplinary chapters. Extrapolating the main jus in bello protections for the environment in armed conflict, Tara Smith (Chapter 20) sets out the multi-faceted approach of the laws of armed conflict. As history evidences, while many philosophers, religious orders and states called for the environment to be shielded from the ravages of war, environmental damage and conflict seem to have always gone hand in hand. Smith maps well the main...03 Sep Strategic Visions in Responding to Terror, and ‘Meta-Methodology’
...this approach for an excessive emphasis on preventing particular terrorist events – what I have called “event specific catastrophism’. These approaches preclude a larger strategic analysis or response. But it is important also to understand what underlies this analytic approach – after all, it takes its cue, not so much from a view on the nature of terrorism, but instead from a view of the nature of the polity that seeks to protect itself from it. That polity – this, I believe, underlies Sunstein’s view – has no consensus and...01 Aug Opinio Juris Symposium: Can History Determine Textual Meaning?
[We are pleased to have Martin S. Flaherty as a second participant in the discussion today. Professor Flaherty is the Leitner Family Professor of International Law at Fordham Law School and a Visiting Professor at the Woodrow Wilson School of Public & International Affairs at Princeton University. A widely published scholar in the fields of constitutional law and history, foreign relations, and international human rights law, we are thrilled to have his comments here today.] Mike Ramsey’s book, The Constitution’s Text in Foreign Affairs, will without question be a major...