Search: Symposium on the Functional Approach to the Law of Occupation
11 Feb Nagorno Karabakh – A Stark Reminder of the Council of Europe’s Operational ‘Grey Zones’
...engagement, with the support of like-minded Member States. The primary and exclusive interest must always be standards rather than status. Asserting “Normative Will” Once a territory comes within the scope of the ECHR, the CoE has an ordre public responsibility to the rights holders in that territory. Its unique set of complementary mechanisms can help improve human rights protection by functional authorities and can empower independent institutions and civil society actors to carry out advocacy or monitoring. Raising the profile of the ECHR, and the Court’s jurisprudence amongst judges, lawyers...16 Jun Function Over Form
...I had begun thinking of a more context-sensitive approach to the extraterritorial application of constitutional constraints and protections in terms of what I call “bounded functionality” (this is perhaps one version of the “something in between” that Roger evokes in his first post on Gerry Neuman’s typology of approaches to the territorial reach of the Constitution). I look forward to continued conversations about how these approaches can inform judicial reasoning. In his second post, Julian Ku criticizes the majority’s focus “practical and functional considerations” for its unpredictability. In his view,...
15 May Human Rights Treaty Body Review 2020 – Introducing the Integrated Treaty Body System as a More Ambitious Alternative
[Jan Lhotský is the head of the Czech Centre for Human Rights and Democracy . He also works as a lawyer at the Office of the Public Defender of Rights (Ombudsperson) and as a senior researcher at the Centre for International Law of the Institute of International Relations in Prague.] The universal system of monitoring human rights obligations – the UN treaty bodies based in Geneva – has been in need of reform for decades. There were several waves of reform proposals during those years, but each time only minor...
07 Feb Biometric Data, Data Protection Authorities, and Migrants: A Complex Nexus
prevent multiple applications for asylum. The possibility of accessing these data and requesting their correction if they are incorrect is expressly laid down in Article 29 EURODAC. The prospection of requesting their deletion if they have been unlawfully processed is also granted, but it is not specified when they are to be considered unlawful. Since personal data protection is always at stake, the authorities competent to ensure that the respective rights are guaranteed here are the Data Protection Authorities (DPAs) in the respective Member States, as enshrined in Article 30...05 May The Elusive Foreign Compact
agreements free from congressional oversight or approval. At the same time, the Executive has come to police the constitutional propriety of U.S. state agreements with foreign governments. This essay focuses on the informational, functional and structural challenges of having the Executive act as a surrogate for Congress in overseeing state agreements abroad. First, executive oversight has done little to remedy a growing informational deficit on what agreements U.S. states are making with foreign governments. Second, even if the Executive knew what the states were doing, it lacks the functional capacity...
31 Mar The Roger Lumbala Trial – Analysis of a Landmark Universal Jurisdiction Case
[ Daniele Perissi is Head of the Democratic Republic of Congo Program at TRIAL International, and holds an LLM in international humanitarian law and human rights law. Morgane Greco is a Legal Advisor for the Democratic Republic of the Congo Program at the TRIAL International, and holds an LLM in international human rights law and international criminal justice. Julie Baleynaud is a Legal Advisor for the Democratic Republic of the Congo Program at the TRIAL International, and holds an LLM in public international and human rights law.] On 15 December...28 May Rwandan Human Rights Activist Convicted by Gacaca Court
...(Article 16). The legislation further stipulates a number of criteria that can lead to the replacement of any member of a gacaca organ upon the demand of other members of that organ (Article 12). Unfortunately, in terms of due process, the gacaca appeals system is no less flawed than the gacaca trials themselves, even for Category II defendants who — like Byuma — are entitled to judicial review of their convictions: The Gacaca Courts do have an extremely limited judicial review in the form of the right to appeal by...11 May Events and Announcements: May 11, 2014
Events Sociological Inquires into International Law” (LSE, May 16-17, 2014) is a workshop with the aim of bringing contemporary international law scholarship into a closer conversation with a number of inspiring and theoretically rich literatures on law and markets deriving from traditions of thinking within sociology and anthropology. We are convinced that, particularly within the field of international economic law, a deeper and more informed engagement with a range of sociological and social theoretic modes of thinking is necessary for intellectual renewal. For details, please visit the workshop site. If...01 Mar The Immunities of International Organisations: The End of Impunity?
into their independence by host governments/courts. Instead of clarifying what this functional standard actually means and how it interacts with the commercial v non-commercial distinction, the Supreme Court chose to simply engage in an exercise of statutory interpretation taking a parochial approach (p. 12). So, there now exists a schism in the international and national law in this respect. However, ‘functionalism’ is not completely irrelevant to the IOIA regime. As the Supreme Court pointed out, the President of the United States can modify an IO’s immunity in light of its...