Search: Symposium on the Functional Approach to the Law of Occupation
24 Jul AJIL Symposium: Pushing Benvenisti Further – International Sovereignty as a Relative Concept
to recognize shared responsibility. Yet, how can such relativization take place without endangering the autonomy of international law and the equality of states under international law? European Union law shows one possibility with its protection of “national identity”. This concept can be compared to the concept of sovereignty, as it regulates the interaction of the various legal orders. The meaning of this EU concept is shaped by public law on the European as well as on the domestic level: While the EU framework prescribes some common elements, the specific meaning...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,...
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...13 Jun What’s Left of Judicial Deference?
Though the opinion in Munaf and Omar should give us all some pause, I’m still thinking that yesterday’s Boumediene opinion comes as close as I’ve seen the court come to sounding the death knell for broad judicial deference to the executive on matters of national security. The majority opinion doesn’t just embrace a functional approach to resolving questions of the scope of the Constitution’s applicability abroad. (When constitutional lawyers talk about functional approaches, they generally mean something that takes into account the practical effects of a particular outcome in resolving...21 Jul Guest Post: Jurisdictional Aspects of the Article 12(2) Rome Statute Vessel Provision: Some Thoughts on the Provision’s Dogma and Implementation in light of the Comoros Referral
regarded as having a functional character. States try to protect social bonds of attachment against mere formal nationality imposed by the technicalities of law. This functional inquisition is evident in diverse fora. For example in the case of UN sanctions, such as those against Serbia and Iran, the relevant Security Council Resolutions considered the nationality of the vessel based on ownership or contract terms, regardless of the flag under which the ship may sail. (see UN SC Res 787 (1992) and UN SC Res 1929 (2010)). Essentially then, Article 91(1)...