Search: Symposium on the Functional Approach to the Law of Occupation
28 Jul Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Victims’ Rights under the Ljubljana – The Hague Convention: Revisiting the Travaux Préparatoires
importance of also covering state responsibility, notably because states are often involved in the commission of core crimes. Constructive ambiguity was the chosen path to secure the consensus adoption of the Convention: on the one hand, the expression “committed through acts attributable to the State under international law” was deleted and, on the other hand, the Australian proposal to add the expression “domestic criminal law” was set aside. The result was a watered-down and unqualified wording in Article 83(1) that may be interpreted to advance different legal approaches. The provision...21 Oct YJIL Symposium – Response to Professor Melish
...& mechanisms that will facilitate domestic democratic deliberation over local incorporation and adaptation of human rights norms. This is an intriguing proposal, but it doesn’ t resolve the paradox of the U.S. approach to international human rights law; rather, it suggests a shift in our understanding of what the paradox is. As Tara herself puts it, the U.S. “upsets first principles of international human rights law” by “invoking only subsidiarity’s negative side” without providing mechanisms for international support and consultation, in complement to domestic deliberative processes (p. 454) In other...02 Mar Fighting for Freedoms: Supreme Court In 21st Century (Part 1)
...of the rule of law.” Unfortunately, in the initial period, the Supreme Court adopted a conservative approach, by reading only the literal text of the Constitution, treating each fundamental right as a separate chapter. In doing so, as it turned out, the Court essentially ended up working as the protector of the landed gentry, reaching a climactic conclusion with the infamous ADM Jabalpur case, in the aftermath of the Emergency. Recall that a majority of the constitutional bench, in that case, barring Justice HR Khanna, agreed with the government that...
01 Nov Conversation on WAR
is a major scholarly accomplishment, and a must-read for everyone interested in armed conflict and international law. It is a kind of modern encyclopedia on law and war, bringing new research, sources and perspectives to the table, analyzing case law and drawing on political speeches, literature, memoirs and film. At the same time, the disparate strands of analysis are skillfully brought together to provide an overarching evaluation of the legal consequences of a state of war in modern times. I feel very honoured to have had the opportunity to talk...21 Oct YJIL Symposium – Response to Elena Baylis
...that these democratic policymaking institutions—and U.S. human rights policy as a whole, which is not determined exclusively by either body—are best understood as having no culturally fixed or structurally predetermined approach to engagement, either at the stage of human rights treaty ratification or post-ratification treaty body engagement. (This is precisely what distinguishes an interest-management narrative from an exceptionalist one.) Rather, U.S. policy institutions are better understood as mediating bodies that seek to maximally accommodate the competing (and constantly evolving) interests exerted on them both at the foreign-policy level (from realists...15 Dec Reflections on the Paris Conference
[Dan Bodansky is the Foundation Professor of Law and Faculty Co-Director of the Center for Law and Global Affairs at the Sandra Day O’Connor College of Law at Arizona State University. He was in Paris last week for the climate change negotiations. This is his seventh and final post regarding the conference. Professor Bodansky has consulted for the government of Switzerland and the Center for Climate and Energy Solutions (C2ES) in relation to the Paris Summit. However, he is writing in his personal capacity and the views expressed do not...12 Apr Can the PTC Review the Interests of Justice?
...Pre-Trial Chamber can review it (Article 53(3)(b)). The only job of the PTC when the Prosecutor requests the opening of an investigation is to determine jurisdiction and admissibility. And the “interests of justice” fall under neither of these categories. As I will explain in my next post, I completely reject the PTC’s approach to the “interests of justice” — for reasons Dov touches on. But I disagree with the idea that the PTC acted ultra vires by second-guessing the OTP’s belief that the interests of justice did not counsel against...
20 Feb Tertium datur: A Step Towards Squaring the Circle on the Current Meaning of Self-defence?
[Tarcisio Gazzini is Professor of International Law at the University of Padova (Italy). He is the author of The Changing Rules on the Use of Force in International Law (Manchester University Press, 2006) and a founding editor of the book series Nijhoff International Investment Law and of Journal du droit transnational] Introduction Self-defence has become a legally intractable subject. Article 51 of the UN Charter was drafted in 1945 having in mind the second world conflict. It is disputed whether it is fit for purpose to regulate the use of...