Search: Symposium on the Functional Approach to the Law of Occupation
04 Jun ICL and Environmental Protection Symposium: International Criminal Law as a Tool for Corporate Responsibility for Environmental Crimes (Part I)
[Dr. Jelena Aparac is lecturer and legal advisor in international law, with a research focused on Business and Human Rights in Armed Conflicts; and a Member of the UN Working Group on mercenaries. This is the first part of a two-part post. This is part of a series of blog posts examining International Criminal Law and the Protection of the Environment, and stems from an expert meeting group convened at the Promise Institute for Human Rights at UCLA School of Law in February 2020.] The principal role of international law...
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 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...24 Feb Medellín’s Influence on the Judicial Application of Treaties
authors claim. To understand why, it is necessary to discuss judicial practice before Medellín. According to IL at Home, in the period from World War II to Medellín, “the lower federal courts developed a bifurcated approach to treaty enforcement.” Id. at 64. They “continued to infer a private right of action for treaties that involved economic or commercial relations. But they began taking a more skeptical approach toward treaties . . . regulating the relationship between the state and the individual.” Id. at 64-65. This claim is mostly right, but...11 Feb Ensuring Repair through Reparations: A Response to Hari M. Osofsky by Maxine Burkett
...lost, however, is the unique reason why a reparations approach is imperative. The greatest value of a reparations effort is to center the moral issues at base and foster the key elements of a just state of affair. Trust and recognition of harm are key steps to reaching that just state of affairs. The global negotiations under the UNFCCC and other parallel processes have been marked by distrust between nations as well key stakeholders. Further, while Professor Osofsky is correct in citing the very real and positive outcomes of climate-related...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...