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

[Ayesha Malik is Deputy Director at the Research Society of International Law where she leads the Conflict Law Centre. She is also Adjunct Faculty at the Lahore University of Management Sciences where she teaches international criminal law to undergraduate students.] On April 1, Israel attacked Iran’s consulate in Damascus killing Iranian generals and military officers. Nearly two weeks later, Iran responded by firing over 300 missiles at Israel, most of which were intercepted. On April 19, Israel retaliated against Iran with a missile strike which may have damaged an air...

[ Alyssa Yamamoto is the Senior Legal & Policy Advisor at the Atlantic Council Strategic Litigation Project, a Legal Advisor with the End Gender Apartheid Campaign, and a Visiting Fellow with the University of Minnesota Law School’s Human Rights Center. Professor Fionnuala Ní Aoláin KC (Hons) is a Regents Professor and Robina Professor in law, public policy and society at the University of Minnesota and Professor of law at the Queen’s University of Belfast. She served as United Nations Special Rapporteur on Counter-Terrorism and Human Rights from 2017-2023. ] This...

in different fields of international law, including from Global South(s) and empirical perspectives. This symposium on 15-16 July 2024 will bring together scholars and practitioners, from various fields of international law and through divergent theoretical and geographical perspectives. For more information, click here. From Protection to Coercion: the Limits of Positive Obligations in Human Rights Law: 3-4 October, Lund, Sweden, organized by Dr Vladislava Stoyanova, Associate Professor, Lund University, Faculty of Law, and Dr David McGrogan, Associate Professor, Northumbria Law School. Positive obligations in human rights law appear to be relentlessly...

...latter’s illegal occupation of some of China’s islands and reefs in the South China Sea. At the heart of the matter are the disputes between the two sides on the sovereignty over islands and reefs, and delimitation of maritime boundaries. Yet disputes such as these have already been excluded from arbitration procedures through a declaration made by China in 2006 pursuant to the UN Convention on the Law of the Sea (UNCLOS). In this context, China’s rejection of the Philippines’ submission for arbitration is solidly based on international law, and...

...the potential benefits of individual redress resulting from a successful individual application at the ECtHR will be offset by the length of the ECtHR procedures, incoherent case-law and a partial handling of needs. Three conclusions frame any negotiations between Ukraine and the RF concerning PoWs and other detainees. First, whereas international law provides for the repatriation, release and transfer of detained persons, it does not provide for detainee exchanges or swaps. Nor does international law prohibit detainee exchanges or swaps, leaving ample space for negotiations.  Second, irrespective of the applicable...

...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...

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...

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...

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...

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...

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...

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...