Search: Symposium on the Functional Approach to the Law of Occupation
24 Dec Presidential Wiretapping – Not Such an Easy Legal Question
...enemies, than that is a plain violation and probably an impeachable offense. But there is nothing like that even alleged so far. The functional problem, though, is how to interpret and cabin the AUMF to keep it from being a blank check to the President. I agree this is a problem, although not an insurmountable one. Congress can obviously amend the AUMF or even withdraw it. It can amend the FISA to plainly prohibit the President’s activities here. I just don’t think Congress has spoken plainly here (whatever Tom Daschle...07 Sep From Scandal to Reform at the U.N.
...posted some observations on what private lawyers can bring to public international law. Here is another example. If there’s one thing that private attorneys have been grappling with in recent years (especially in the U.S., which takes financial transparency particularly seriously), it is the elucidation of best practices for financial accounting, disclosures, and decision-making. Some of the insights we have gained due to recent corporate scandals can be put to use in the service of building better international organizations. The U.N. will only be as good as we make it....
29 Nov Do AI Decision Support Systems ‘Support’ Humans in Military Decision-Making on the Use of Force?
...targeting decisions more efficient with the help of automated and AI technologies. One prominent illustration of this trend is the “Algorithmic Warfare Cross-Functional Team”, also called Project Maven. Launched in 2017, Project Maven aimed at analyzing substantial volumes of video footage collected by US drones via machine learning algorithms. Currently run by the National Geospatial-Intelligence Agency (NGA), it now integrates various types of data presented in the Maven Smart System interface, which then highlights potential targets based on Maven’s data analysis and extrapolation. The Ukrainian Armed Forces are employing several...30 Dec Could the India-US Diplomatic Incident Be Resolved in the ICJ?
...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....
13 May The Prohibition of Abusing a Dominant Position as a General Principle of International Law: Russia’s Biggest Honeypot in Ukraine
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...
22 Jul Information Operations in International Humanitarian and Criminal Law: Reflections on the Oxford Statement
[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...
04 Apr COVID-19 Symposium: Will the UN Security Council Act on COVID-19?
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...01 Mar Even More on the Domestic Enforcement of ICJ Judgments: Summary and Analysis of the Briefs for the Respondent
...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...25 Nov ICC Architecture Competition
...winners. The final design will be chosen in 2010 and the building should be completed by 2014. I would vote for the third-place design, because I appreciate its Eisenman/Gehry-like feel. The second-place design is boring and ugly and reminds me of the equally boring and ugly UN (sorry, Le Corbusier — at least you have the excuse that you designed the building in the late 40s). The first-place design is nice and seems very functional, but it’s much less interesting than the third-place one. Readers? Which one would you select?...