Search: Symposium on the Functional Approach to the Law of Occupation
18 Oct Where De Facto States Come to Rest: The Approaching Demise of the So-called Republic of Artsakh
law. While some argue that contested or unrecognized states are entitled to the same fundamental rights and protections as recognized states, including (somewhat paradoxically) the right to self-determination and territorial integrity that they “successfully” violated in respect of their parent-states by establishing a new order, others seem deny this completely. The situation is further complicated by the fact that recognition of statehood is often a political decision rather than a legal one – while international law provides some guidance on the criteria for statehood, the decision to recognize and engage...16 Jul The Man Who Would Be King, Daddy’s Little Princess, and their Territorial Claim
...might not apply to, for example offshore islets. (p. 689, Sec. 251, note 2). Bir Tawil is habitable terrain, so settlement is probably required. Thus the issues of who is claiming the territory by occupation and the problem of settlement are two very significant problems for Heaton’s claim. (As well as potential domestic law issues, like a U.S. citizen trying to found a kingdom.) Perhaps obtaining recognition from Egypt, Sudan, and other countries would resolve any technical deficiencies. But while recognition is a political decision, it takes place within a...
14 Mar An Off-Ramp for the War in Ukraine
[Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge, a Barrister at Doughty Street Chambers and a former United Nations Senior Mediation Expert. He has served as Senior Advisor in a large number of international peace negotiations and is the co-editor of International Law and Peace Settlements (Cambridge University Press, 2021).] In an earlier post, Marc Weller provided a narrative discussion of a possible settlement for Ukraine. In this companion piece, he presents an outline of a possible settlement. Contents Requirements Status Issues...18 Jul Does the ICCPR Apply Extraterritorially?
that the US argument is rather weak (nor has it been consistent over the years), as it relies on an outdated notion of international law which is strictly divided into the law of war and the law of peace. The ICJ in Nuclear Weapons and in the Wall case did say that IHL was lex specialis, but that human rights law continues to apply. That is after all the basic idea of human rights, that you have them simply because you are human. As far as extraterritorial application goes, the...
11 Mar Ukraine: How to End the War
and EU membership. Short of the occupation of the country and the imposition of a Russia-friendly parliament, one cannot readily imagine Ukrainian law-makers mustering the two-thirds majority necessary for a constitutional change to this effect. Previously, Russia had sought a legally binding undertaking from NATO, or the US, excluding NATO membership for Ukraine and indeed other former Soviet states that have not joined yet. However, NATO ‘s ‘open door’ policy is supported in international law, which prohibits threats or pressure on states in order to determine their foreign policy or...
12 Jul Of Proxies, Self-Defence and Reprisals
[Ayesha Malik is Deputy Director at the Research Society of International Law where she leads the Conflict Law Centre. She is also Adjunct Faculty at the Lahore University of Management Sciences where she teaches international criminal law to undergraduate students.] On April 1, Israel attacked Iran’s consulate in Damascus killing Iranian generals and military officers. Nearly two weeks later, Iran responded by firing over 300 missiles at Israel, most of which were intercepted. On April 19, Israel retaliated against Iran with a missile strike which may have damaged an air...07 Oct 15 Years Later: A History of the Forever War and the Laws of War (Part 1 of 2)
...these years, the laws of war received extensive study by jurists and soldiers alike. Established by the “men of 1873” [http://www.cambridge.org/jo/academic/subjects/law/public-international-law/gentle-civilizer-nations-rise-and-fall-international-law-18701960] following an initiative supported by Lieber, the Institut de Droit International promoted the development of the laws of war. Numerous publications in various languages were published on this topic. Exemplary of this growing interest in the laws of war were the Hague Conventions of 1899 and 1907: the majority of their provisions do not affect the field of peacemaking – aggressive war was still considered lawful, but rather with...24 Aug Georgia, South Ossetia, and Abkhazia
...Democratic Georgia, I hasten to add, is a long way from the corrupt little principality that was Kuwait, but the abstract point is the same – the principle of defense of a sovereign state from attack and occupation is perfectly justifiable on its own terms. Moreover, the war to govern these territories is a war the Georgians cannot possibly win in the long run, and that is true even if there were no Russia, unless Georgia were willing to contemplate genuinely appalling measures. Yes, the problem of protecting ethnic Georgian...08 Jun U.S. and India Agree to Jointly Push for the Most Important-Sounding Treaty You’ve Never Heard of
...of the present Convention if that person, by any means, unlawfully and intentionally, causes: (a) Death or serious bodily injury to any person; or (b) Serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility or to the environment; or (c) Damage to property, places, facilities or systems referred to in paragraph 1 (b) of the present article resulting or likely to result in major economic loss; when the purpose of the conduct, by its...