Search: Symposium on the Functional Approach to the Law of Occupation
01 Aug Potential Climate Remedies at the Inter-American Court of Human Rights
...laws and practices to new conditions on the labour market, regardless of the kind of technological developments that produce these changes”. Similarly, in Advisory Opinion OC-29/22 on differentiated approaches with respect to certain groups of persons deprived of liberty, the IACtHR set guidelines that states adopt a differentiated approach to the special needs of distinct groups deprived of liberty. This lays the foundation for an Advisory Opinion on the Climate Emergency to set out recommended law and policy reforms to effectively address climate change. In expanding on this foundation of...
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...24 Dec Mathieu Ngudjolo Chui: reflections on the ICC’s first acquittal
[Jelia Sane is studying for the English Bar at City University, London. She holds an LLM in Public International Law from University College London and has previously interned at the ICC, the Centre for Justice and International Law, and the Extraordinary Chambers in the Courts of Cambodia.] The unanimous acquittal and subsequent release of Mathieu Ngudjolo Chui by Trial Chamber II of the International Criminal Court (ICC) on 18 December 2012 was a shock and disappointment to those following the work of the Court and development of international criminal justice....
29 Sep On the Anvil: The Netherlands v. Syrian Arab Republic at the International Court of Justice?
...litigated by Russia in both cases. The ICJ in Georgia v. Russian Federation held that negotiation must be “distinct from disputation or protest”, and there must be genuine attempt to negotiate, and evidence of such must be submitted to the court. These are preconditions to be fulfilled before parties can approach the ICJ (which in Georgia v. Russia were not satisfied). However, using the same approach, the court found that these conditions were satisfied in Ukraine v. Russian Federation, thereby finding jurisdiction and permitting the case to proceed. The ICJ...18 Apr Kiobel Insta-Symposium: A Tale of Two Presumptions
international law. So why should one of these presumptions be adopted over the other? If the concern is avoidance of “unintended clashes between our laws and those of other nations which could result in international discord” (Roberts opinion, p.4, quoting EEOC v. Arabian American Oil Co), then clearly the presumption against extraterritoriality is the more cautious option. It is simply true that US law is less likely to conflict with the law of foreign States if it does not purport to regulate events outside US territory. But there is a...04 Aug Emerging Voices: The Human Right to Water–Progress and Challenges for International Law and State Water Governance
residents who are dependent on state or private enterprise for the delivery of basic and essential services, meaning international law has a significant impact on daily habits for billions of people. South Africa and Ireland want to provide water for their citizens but their approaches show striking differences. South Africa constitutionally protects the right to water but implementation falls short, while Ireland’s new framework is beginning to reflect international guidelines but provides no domestic legal guarantee. These experiences show value in a duel-track approach for international law, with expanded recognition...
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...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...
11 Jul Death by Omnibus? The European Commission’s Proposal and the Fate of the Corporate Sustainability Due Diligence Directive (Part I)
[Jacob Bogart (X: @BogartJacob) is Counsel at Perseus Strategies, a 2025 Salzburg Global International Law Fellow and graduate of Columbia Law School] This post is the first part in a three-part series on the EU’s Corporate Sustainability Due Diligence Directive (CSDDD). Part I dissects the Omnibus and other reform proposals. Part II maps the reactions to and legal implications of these proposals. Part III argues that companies should adopt a UNGP/OECD-based model even if the CSDDD itself is delayed and diluted. Introduction: A Directive in Danger The European Union’s (EU)...