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

07 Feb

is a matter of comity, not law. Second, the court characterizes immunity as “essentially procedural in nature” and as “entirely distinct from the substantive law which determines whether that conduct is lawful or unlawful (¶ ¶ 58, 93). Some have argued that individual immunity is an aspect of substantive law, a conclusion that is arguably in tension with the Court’s reasoning here. Third, the Court relies very heavily on the judgments of national courts, (¶¶ 73-76, 85, 96) concluding in effect that Italian national courts were virtually alone in denying...
07.02.12 | |

18 Oct

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...
18.10.23 | |

13 Feb

are received and then allocated. Alternative options, such as local taxation, would not appear to be appropriate (Bruch et al, 962). Finally, there is the question of the allocation of revenue from the sale of the resources. In some peace settlements, revenue is split according to a given formula: Aceh, for example, receives 70% of oil and gas revenues (Article 181 of Law No 11/2016 of Indonesia), while Bangsamoro receives an even split (Article XII(34) of the Law No 11054/2018 of the Philippines). It is not possible to speculate on...
13.02.23 | |

26 May

its own military forces. Although Australia is at pains to emphasize its limited role in East Timor, Australia is clearly going to be calling the shots in the near future. And this foreign occupation is almost certainly to the benefit to the East Timorese. Still, one very much hopes no serious violence breaks out. Australia does not acting under the authority of the U.N. or of any regional arrangement, so the legality of their semi-occupation of East Timor will depend on the whims of the very fragile East Timor government....
26.05.06 | |

13 Sep

[Adam Irish is an Assistant Professor of Political Science at California State University, Chico.] President Donald Trump’s pronouncements that the United States needs to develop a “Space Force” were initially met with derision by national security establishment. In a letter to lawmakers, Secretary of Defense, James Mattis, wrote that he did not “wish to add a separate service that would likely present a narrower and even parochial approach to space operations.” However, three Space Policy Directives, one speech by the Vice President, and one report by the Department of Defense...
13.09.18 | |

19 Feb

[Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge] The Cambridge Initiative on Peace Settlements, in cooperation with Opinio Juris, offered a proposal for ending the war in Ukraine as soon as the conflict broke out, along with detailed contributions on individual aspects of a possible settlement from our international team of experts. This contribution introduces the text of a framework for a draft settlement in view of more recent developments. Movement towards a Settlement The original idea was to show that a...
19.02.25 | |

25 Jan

...Republican-controlled Congress appears disinclined to look to closely at how US taxpayers money has been spent in a war effort it heartily supported. In order for criticism of UN practices to be taken seriously, the US needs to set the best example for the international community. The UN needs better oversight; so, apparently, does the US government. It all puts me in mind of a memorable, cynical quote from the movie Syriana (which, though a flawed film, has an interesting take on Washington lawyers) about the Foreign Corrupt Practices Act:...
25.01.06 | |

10 Aug

Land implied in its seemingly technical language. Lurking in the Israeli brief, however, is a rather different utopian vision, one undoubtedly not intended by its authors. When one seeks in the brief for the source of the “all powers” which Israel “holds,” one finds a footnote to the 1995 Oslo II Accord which traces Israeli authority to its “military government.” Under international law, this “military government” possesses authority by virtue of the law of belligerent occupation, governed by an array of treaty and customary law rules. A belligerent occupier “holds...
10.08.20 | |

20 Apr

...to cover a range of subject expertise and ideally with some reviewing experience. Some areas of expertise we are looking for are: public international law, international humanitarian law, international criminal law, human rights, environmental law, law of the sea and private international law, though those with expertise in other areas of international law/international relations are welcome to apply.To do so, please send your CV, motivation letter (with specific reference to any reviewing experience you may have) and a short excerpt of a writing sample relevant to the post (maximum 3...
20.04.25 | |

10 Feb

...other (non-occupied) cities in Azerbaijan. Second, from the perspective of international criminal law (ICL), the 1992 Khojaly massacre (recognised by some states as a genocide) of Azerbaijanis is frequently compared to the Sumgait pogroms which killed 26 Armenians, despite the latter atrocity having been fully addressed under domestic law in the absence of state complicity. In the light of further territorial claims made by the Armenian government on Georgia and Turkey, filling in these gaps is key. IHL distinctions in occupied and non-occupied territories The applicability of IHL rules necessarily...
10.02.21 | |

02 Aug

...history helped us tease out the state practice concerning the underlying law. We found there has been a consistent view that there is no general right to secession—or “external self-determination”—under international law. Attempted secessions are largely viewed as domestic affairs that need to be resolved by the state itself. As a matter of international law, a successful claim for external self-determination must at least show that: (a) the secessionists are a “people;” (b) the state from which they are attempting to secede seriously violates their human rights; and (c) there...
02.08.06 | |

16 Jul

...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...
16.07.14 | |