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Search: Symposium on the Functional Approach to the Law of Occupation

26 Apr

provisional measures should be seen in a broader context of ongoing Azerbaijan-Armenia reciprocal claims before the ICJ and the ECtHR under the UN Convention on Elimination of All Forms of Racial Discrimination (CERD) and the European Convention on Human Rights (ECHR). The parties allege various violations of international law and human rights law, including military occupation, ethnic cleansing, property rights, security of persons, etc., arising from Armenia’s occupation of Azerbaijan’s Karabakh region and adjacent districts from 1991-2020.    Provisional Measures  ECtHR  On 21 December 2022, the ECtHR adopted its provisional measure...
26.04.23 | |

09 Jan

...ended. *** The Palestinian struggle against Israeli settler-colonialism produced a final casualty: international law. Like other legal systems, international law’s core feature is ‘sanctioned regularity.’ Although international lawyers aspire to instil in the framework ideals such as freedom, justice, fairness, and humanity (sic), order is the driving force. A sense of regularity and predictability fosters confidence and compliance, the organised consent Antonio Gramsci theorised. What order did states commit to through international law? All violence as a means is either lawmaking or law preserving. Walter Benjamin’s quip highlights the symbiotic...
09.01.24 | |

01 May

...area of favelas in Rio. And four years later, military intervention was authorized in the state of Rio de Janeiro, which lasted until after the start of the Bolsonaro government. The legal authority for armed forces to participate in domestic security issues (in so-called Guarantee of Law and Order (GLO) missions) derives from executive decrees issued under a 1999 law which in turn depended upon power afforded the military in Article 142 of the Brazilian Constitution. There have been dozens of such operations over recent decades to protect high-ranking officials...
01.05.20 | |

01 May

to vindicate the international law rule that US v Alstoetter is concerned with. Obviously, the crimes do not track directly with Alstoetter but the may in fact be easier to create in US domestic law rather than in international law. Look at how far we are pushing conspiracy law in cases like Padilla for example. The key to the domestic prosecution is that it vindicates the international law rules (treaty and customary international law on torture etc) through the relevant domestic US law. With all due respect, I believe Kevin...
01.05.08 | |

05 Mar

declaration from the perspective of non-recognition obligations. The duty of non-recognition The duty not to recognize situations created by certain unlawful acts is an established tenet of international law. It is the necessary corollary of the principle ex injuria non oritur. Article 41(2) of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) requires that, “no State shall recognize as lawful a situation created by a serious breach [of a peremptory norm of general international law].” The duty of non-recognition is thus qualified. It is understood to...
05.03.18 | |

29 May

We’re regularly plugging international law conferences here at Opinio Juris. Most of them, however, are in the United States. So, for a change of pace, I want to call attention to any of our readers in Israel of a conference there next week, entitled “Forty Years after 1967: Reappraising the Role and Limits of Legal Discourse on Occupation in the Israeli-Palestinian Context.” It’s being organized in part by Dr. Aeyal Gross of Tel-Aviv University (who, if you can read Hebrew has his own international law blog), and co-sponsored by the...
29.05.07 | |

30 Mar

for Constitutional law. One can also consider an associated dilemma as follows: giving effect to national law may have extraterritorial effects, but failing to give effect to national law may be viewed as giving extraterritorial effect to another law. The list of resolutions approved by the ASIL membership is an example of the complex interplay, and the corresponding tensions created, between national and international law. When is it proper and appropriate to suggest (at least implicitly) that norms of international law can be viewed as a constraining force on national...
30.03.06 | |

04 Nov

his speech at http://www.wilsoncenter.org/event/oil-exploitation-the-eastern-mediterranean-cyprus-turkey-and-international-law) Undeniably, such a pro-active approach would go further in undergoing peace proceedings than to shy away from negotiations by using the existing tension as an excuse. Nikolaos Ioannides Dear Selman, thanks for your comment. Most provisions in Parts V and VI of the Law of the Sea Convention dealing with the continental shelf and the EEZ are now deemed rules of customary international law, thus opposable even against non-states parties to the Convention as well. Turkey cannot object to the right of the Republic of Cyprus...
04.11.14 | |

10 May

activities relating to performance of their Contracts, … shall be submitted and dealt with by the Sending State whose personnel … are alleged to have caused the claimed damage, in a manner consistent with the Sending State’s laws, regulations, and procedures." It appears that during the period of occupation Iraqi law makes contractors who commit torts in Iraq subject to the Sending State's laws, which presumably would include state tort laws as well as federal law (including the ATS?). There is a choice of law issue that might require the...
10.05.13 | |

07 Mar

...attack would be dramatic. Even so, the risk of inaction is sufficiently high that we should be prepared to handle the political fallout from a U.S. attack on Iran to avoid the security risks associated with an Iranian nuclear weapon. Some of my international law colleagues may contend that a preemptive attack on Iran’s uranium enrichment facility would be a violation of international law. That is true. I will not attempt to justify such an attack by using the rubric of self-defense, because any such justification stretches the concept of...
07.03.07 | |

27 Sep

Former IMF Chief Dominique Strauss-Kahn has asserted immunity under international law from the lawsuit filed by Nafissatou Diallo, the maid who is accusing him of sexually attacking her. “Mr. Strauss-Kahn enjoyed absolute immunity under customary international law not only while he was head of the IMF, but also for the period of time after he had resigned from his post and was ordered to remain in the United States in his criminal matter,’’ the Frenchman’s high-powered lawyers said in a sensational motion to dismiss, filed today in Bronx Supreme Court....
27.09.11 | |

03 Aug

...Human Rights First’s position. We do not claim that the law of IAC is applicable to NIAC by analogy. We claim that the procedural protections of the law of NIAC, namely those of Common Article 3, which is explicitly applicable to NIAC, can only be understood with reference to national law that must comply with applicable human rights law. Second, what Mike suggests here is precisely what I refer to above: the mistaken analogy between detention and targeting. Now let’s return to drones. You are a political leader. Are you...
03.08.12 | |