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Search: Symposium on the Functional Approach to the Law of Occupation

02 Dec

groups and committed with the intention of maintaining that regime.” At first glance, this seems like progress. Elevating gender apartheid to the same conceptual level as the crime of apartheid appears to give long-ignored harms—especially those experienced by women, girls, and LGBTQI+ people—the same gravity and visibility as others under international criminal law. Yet this approach contains two fundamental flaws that risk replicating exclusions that have plagued the international criminal law definition of apartheid for decades. A. Re-inscribing Outdated and Exclusionary Notions of “Group” Identity By adopting the existing apartheid...
02.12.25 | and |

11 Jul

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...
11.07.25 | |

02 Mar

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...
02.03.22 | |

13 Mar

[Mark Weisburd is the Reef C. Ivey II Distinguished Professor of Law at UNC School of Law] Professor Curtis Bradley’s International Law in the U.S. Legal System is an important contribution to the discussion of a topic of considerable significance. Thorough in its coverage but accessible to readers with little familiarity with the subject, it is at once an excellent introduction (for someone with a legal background) to the issues it addresses and a useful compilation for those with some familiarity with the field. This contribution to the symposium addresses...
13.03.13 | |

23 Jan

[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...
23.01.14 | |

30 Nov

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...
30.11.20 | |

03 Feb

force of the International Convention of International Investment Disputes (ICSID Convention) (see here). The argument of an uproar against international investment law and its dispute settlement mechanism led by the Global South – at least when it comes to African states, seems somewhat flawed. Unlike in other spheres of International Law, African states engage actively, enthusiastically, and reformatively in the rulemaking of international investment law by reforming and innovating IIAs in order to attract much needed capital while securing regulatory space. This may also be due to a distinctly different...
03.02.21 | |

22 Jul

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....
22.07.25 | |

02 Aug

...there was a strong 19th century practice against state-level activity interfering with foreign relations (see the discussion in my piece in the Colorado Law Review symposium). Zschernig may have represented the doctrine's zenith. Wouldn't you concede that if it could have been shown that Oregon's action posed a serious threat to our Cold War relations with the Soviets the decision would have been justified? (I know that doesn't fit with the facts of the case, but the twist isn't implausible.) Today the functional (call it "policy" if you want, but...
02.08.07 | |

18 Apr

...include Russia’s invasion of Crimea? I had an interesting twitter debate earlier today on that issue with a bunch of smart Court-watchers, including Ryan Goodman, Eugene Kontorovich, Mark Kersten, Martin Holtermann, and David Kaye. I pointed out that it’s difficult to see what international crimes Russia committed during the invasion, other than the non-prosecutable crime of aggression. Ryan replied that a longer self-referral could give the ICC an opportunity to address important issues in the law of occupation. (See also his post here.) That’s absolutely true — but only if...
18.04.14 | |

19 Jul

Avi Keslinger He is not advocating crimes against humanity either. He said that hey will be treated in accordance with international law and ALLOWED to leave WITH GENEROUS SUPPORT (my emphasis). In other words, those who desire to leave (and probably most would) would be aided by the Israeli government. Presumably that means both giving them monetary gifts and pairing them with countries which will be willing to accept them as immigrants (and there are countries in need of moneyed immigrants). All will be done in accordance with international law....
19.07.14 | |

20 Nov

were to apply the precautionary principle to that context. (I am not advocating that position by the way, simply arguing for the logic of diverse perspectives on something like extending the precautionary principle to different contexts). Roger Alford Lawrence Kogan Roger, I believe that the focus of the debate should be placed on the fundamental difference between a civil law administrative principles-based presumption of harm which Europe's version of the Precautionary Principle would engender, versus, a common law rules and context-based Precautionary Approach requiring 'substantial', 'unreasonable', 'clear and convincing', or...
20.11.06 | |