Search: Symposium on the Functional Approach to the Law of Occupation
07 Sep Two Questions on LOAC
...do sense the thing behind the words. I know we can not go to the common law enumerated lists approach here, but the effort to have a maximized and realistic vision of civilians for purposes of a protection appears to be at the intersection of what International Humanitarian Law and International Human Rights Law and Alien law are trying to do (and should be trying to do) to protect civilians from the monopoly on violence of the state and/or the oligopoly/duopoly on violence with non-state actors hiding among the civilians....18 Mar From Intervention to Recognition: Russia, Crimea, and Arguments over Recognizing Secessionist Entities
proceeding, recognition is premature, whilst, on the other hand, mere persistence by the old state in a struggle which has obviously become hopeless is not a sufficient cause for withholding it. James Brierly, The Law of Nations 138 (6th ed. 1963, Sir Humphrey Waldock, ed). Sir Hersch Lauterpacht described premature recognition in his 1947 treatise Recognition in International Law as an act “which an international tribunal would declare not only to constitute a wrong but probably also be in itself invalid.” (Lauterpacht, Recognition, p.9). Under this view, Russia’s recognition could...12 Sep US Envoy Killing Bolsters Case for Hate Speech Ban
at here, even when it implicates the constriction of rights. The logic has changed, though. It’s not so much that it serves the national interest (as in the foreign relation law logic above). It’s more that international law is demonstrating resiliency in protecting rights, in something approaching a constitutional system. If we don’t like something about international law, we can work to change it (just as we work to change domestic legal systems). As we become more enmeshed in international law, the less capacity there is simply to opt out....02 Dec A Response to Milanovic
prescription. He explores in depth the two main approaches to extraterritorial application—broadly, territorial and personal– and finds them both wanting. As he shows, a territorial approach pushes courts inexorably toward ever smaller definitions of relevant territory in order to ensure, at least in cases that present uncomfortable or shocking fact patterns, that justice is done. (Rather than a nation or region or city, perhaps the relevant territory over which a state exerts control is a facility or building. And so on.) An approach based on persons, by contrast, has no...18 Jan What Governance Role Is the German Constitutional Court Playing?
English-language OJ readers are fortunate to have University of Connecticut’s Peter Lindseth spending the semester in Berlin as the Daimler Fellow at the American Academy, where among other things he is posting to the Eutopia law blog on various governance issues in Europe. (As I indicated in my earlier post, I plan to concentrate on international economic law, governance issues, and international and comparative law issues – including ones like this one, EU governance, in which as a non-specialist, I plan to act as facilitator, raising questions.) In a recent...17 Mar International Law and The Second Amendment
...those deadly weapons.” Contrary to this assertion, most foreign gun laws in democratic nations are not nearly as restrictive as those found in Washington D.C., where private individuals are burdened by an outright ban of all functional firearms in their homes. Much of the brief focuses on country-by-country comparisons. But it also has some fascinating historical analysis of international law (citations and footnotes omitted): Some of the earliest works on the subject of International Law were by fourteenth century Milanese scholar Giovanni da Legnano, whose work, De Bello, De Represealiis...07 Nov M.B.Z. v. Clinton: Getting to the Merits on the Recognition Power
Robert Reinstein is Clifford Scott Green Professor of Law at Temple University Law School and the author of Executive Power and the Law of Nations in the Washington Administration , which addresses the early history of the recognition power. M.B.Z. v. Clinton is the first case in which there is an apparent conflict between an act of Congress and the President’s authority to recognize a foreign state or government. The Petitioner and the Solicitor General each argued that the Court did not have to resolve this conflict on the merits....
06 Jan The Independent Oversight Mechanism: Procedural Questions into the External Investigation of the Prosecutor
[Ezequiel Jimenez is an independent researcher with a PhD in International Law (Middlesex University, United Kingdom) focusing on the history and practice of the Assembly of States Parties to the Rome Statute. All comments and feedback welcome at ezejim@gmail.com , @ezejim7 and @ezejim.bsky.social .] It is proper and necessary for every organization with a duty of care for its staff, including the International Criminal Court, to have a zero-tolerance policy for harassment or any other prohibited behaviour. A robust policy to that effect needs to be accompanied by an equally...
27 Nov A Little Less Conversation, a Little More Action Please – State Reporting and the Treaty Body Review 2020
...One of the instruments under review was the monitoring instrument of state reporting, a vital but dysfunctional part of the system. Despite holding great potential for international human rights protection, this instrument is severely hampered to fulfill its object and purpose, also because, despite the existence of good proposals, a useful reform barely took place. What is State Reporting? State reporting is one of the oldest monitoring instruments in international law. First introduced by the League of Nations (Art. 22 Covenant of the League of Nations) and the International Labour...