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

30 Dec

...sue the New York Police / State Dept. for illegal confinement, torture, negative publicity, aiding and abetting in illegal immigration to the USA; and misinterpretation of the law to harass an Indian diplomat. Other Things that India should do to the US for targeting Indian Diplomats - as this is now a TREND in USA. 1. Find US officials guilty of breaking laws in India and prosecute them - the way they prosecute Indians in USA for apparently breaking US laws. 2. Removal of security barriers is a FIRST step....
30.12.13 | |

13 May

and fertilizer supply. Based on the International Law Commission’s most recent work on General Principles as Source of International Law, this article argues that the prohibition of abusing a dominant position qualifies as General Principle. General Principles of International Law In his First Report on General Principles of Law, the ILC’s special Rapporteur Marcelo Vázquez-Bermúdez concluded that there are two types of General Principles in the sense of Article 38 (1) (c) ICJ-Statute. They can either be derived from national legal systems or formed within the international legal system. The...
13.05.22 | |

22 Jul

[Eian Katz is a Legal and Policy Analyst at Canmore Company. He previously served as Counsel at Public International Law and Policy Group.] Earlier this month, the Oxford Institute for Ethics, Law and Armed Conflict (ELAC) released a statement on “The Regulation of Information Operations and Activities,” marking an important step in the global effort to reckon with the implications for international law of disruptive forms of online speech. The Oxford Statement takes a very broad understanding of “information operation[s] and activities”—“any coordinated or individual deployment of digital resources for...
22.07.21 | |

04 Apr

was a ‘radical change from previous versions’ of the IHR, moving from a passive approach relying on a list of diseases and strict national measures to a fluid, more interconnected approach. Under the IHR 2005, the ‘WHO plays a central role in surveillance, risk assessment and response and aims at ensuring an effective but proportional public health response to avoid unnecessary interference with traffic and trade’. WHO Member States are obligated to cooperate in good faith with each other and the WHO in detection, notification, and taking measures in response...
04.04.20 | |

01 Mar

...in domestic courts. As the U.S. Brief explains, the Vienna Convention is “self-executing” in the sense that federal and state government officials already hold the power (without additional legislation from Congress) to enforce the treaty’s terms. No judicial enforcement by private individuals is necessarily required or permitted. (3) The Optional Protocol granting jurisdiction to the ICJ to interpret the Vienna Convention does not grant ICJ judgments the status as domestically enforceable law. This is an argument emphasized by the Law Professors’ Brief and the U.S. Brief. And I believe it...
01.03.05 | |

02 Feb

In order for diplomatic missions to function, international law has long accorded diplomats and their families immunity from all local criminal laws. And when a major crime occurs involving a diplomat, there’s often a lot of press attention on the case by virtue of the privileges and immunities (Ps&Is) involved. But Ps&Is aren’t limited to allegations of rape or manslaughter, they extend to ALL local laws, often posing problems for the host State as it tries to police dangerous behavior while also complying with its international law obligations. So, how...
02.02.13 | |

08 Jan

...custody (see S. 147, the Lawful Interrogation and Detention Act of 2009); • House Judiciary Committee Chairman John Conyers proposed legislation to create a National Commission on Presidential War Powers and Civil Liberties, a blue-ribbon panel of outside experts to probe Bush administration practices of detainee treatment and warrantless wiretaps; and • Published rumors emerge that Anne-Marie Slaughter (past president of the American Society of International Law and author of, among other works, A New World Order) may be tapped to head the State Department’s big-think Office of Policy Planning....
08.01.09 | |

06 Nov

highlights the areas of contention. Many states want to maintain a broad regime of immunities and discouraged a lex ferenda approach to the topic. Germany, however, reiterated that immunity does not mean impunity, because states can always waive immunity, prosecute under their own national laws, or defer to international criminal jurisdiction. For those following this topic, a few useful background notes are available here and here. The ILC will begin producing draft articles for debate, and we can expect this will be a hot topic in the years to come....
06.11.12 | |

02 Aug

...not a lot of international law in the eastern Sierra Nevada. There is an important body of sovereign nation law, given that there are several Indian tribes and tribal lands up and down the Owens Valley, including the Paiute-Shoshone tribal lands in the center of Bishop. But one feels somewhat removed from the Law of Nations. However, I thought I would share one conversation with one of the rangers here in the national park. She remarked that the ranger services – national parks, national forest, etc. – had been watching...
02.08.10 | |

18 Jan

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...
18.01.12 | |

06 Oct

had as to whether to release the OLC opinion, redacted, or the preparation of a separate document that addresses the general legal theories as such. (I also agree with Jack Goldsmith, btw, that the real issues are domestic law authorities. I share Jack’s doubt that there’s much more to say about the international law behind this. One either buys the basic approach as a plausible line in international law or one doesn’t. One’s position in this turns on deep priors about the nature and sources of international law.) I realize...
06.10.11 | |

17 Mar

...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...
17.03.08 | |