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

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 | |

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 | |

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 | |

01 Aug

[Michael W. Lewis is a Professor of Law at Ohio Northern University where he teaches International Law and the Law of War.] I want to thank Gabor for continuing a discussion started over on Lawfare a couple of weeks ago and to thank Opinio Juris for allowing me an opportunity to respond. As I had the last word on Lawfare I believe Gabor will be given the final word here. Gabor is correct that drones themselves are “stupid” in that they do not make any targeting decisions themselves. Should that...
01.08.12 | |

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 | |

15 Jun

Kate Cronin-Furman Hi KJH, Taylor et al. were acting in their official capacity, so all we need to support the claim that they have immunity is evidence that act/functional immunity for international organizations exists as a matter of customary law. I would argue that it does - it seems to me that there's consensus that when you allow an international organization's employees onto your territory, an obligation exists to respect their immunities so far as is necessary for them to do their job. Thus, even though Libya's not a signatory...
15.06.12 | |

14 Apr

...Bolton's political agenda -- the same situation that occurred in Iraq, where the Bush Administration pressured the CIA and other intelligence agencies to tell it only what it wanted to hear about WMDs. Aaron Ostrovsky One thing that I couldn't help thinking as I read the Brooks piece this morning is that he seems to confuse U.S. internal and external relations. A functional "law of nations" is not going to take anything away from our constitutional rights as citizens of the United States. In fact, if anything it will protect...
14.04.05 | |

02 Dec

second chapter tries to clear up some of the conceptual confusion in existing case law. It examines the notion of state jurisdiction in human rights treaties, and attempts to place it within the framework of international law. Is this notion the general concept of jurisdiction one finds in public international law, which sets out limits on the prescription and enforcement of domestic law, as contemplated by the European Court in Bankovic, or is it a distinct, autonomous concept, which is a part of a self-contained human rights regime? Is it...
02.12.11 | |

06 Mar

...difference to your analysis? Aurel Sari Ian, I cannot comment on the SOFA's standing in Russian or Ukrainian law, but from an international law perspective it sure is a full-blown treaty. In fact, it does not differ much from agreements adopted for similar contexts (ie stationing type SOFAs). Jordan Aurel: I agree with Harold Koh and others, and the U.S. position, that there is no gravity threshold regarding armed force that violates Article 2(4) or triggers Article 51. See footnote in the article at SSRN in the first response above....
06.03.14 | |

01 Nov

and Afghanistan. Finally, we come to the latest codification enterprise, the Rome Statute of the International Criminal Court that restates much substantive international criminal law. Third, we come to the case law and the claim that the NMT laid the basis for a customary law of war crimes. Here the book is a trifle sketchy.For one thing, it does not mention the national court trials for Nazi war criminals started by Germany in the 1960s, particularly the concentration camp cases, nor the Israeli prosecution of Eichmann and Demjanjuk. It does,...
01.11.11 | |