Search: Symposium on the Functional Approach to the Law of Occupation
18 Jul Assessing the Fallout from the South China Sea Award
In addition to my posts here (see below), I have several pieces over the last week discussing different aspects of the South China Sea award up at various outlets across the web universe (I know, I know, I need to stop writing about this topic, but indulge me just a little longer). To briefly recap my various takes, here is a quick summary: As a legal matter, China lost every substantive issue before the South China Sea arbitral tribunal. I argued here at Lawfare that the award “dramatically widens” the...31 Mar Israel’s “Defenders” Show Their True Colors Regarding Academic Freedom
...the shabac law ) . You should know, that every state almost in the world , forbids any radical act, harming and jeopardizing foreign ties with a friendly state. and so let's start with Israel ( the law derives basically from common law ) : Article 121 of the Israeli penalty code, forbids explicitly any act jeopardizing and harming ties between Israel and friendly state. And so , characteristic provision in common law ( articel 59 penal code ( chapter 4.02 Defamation of foreign personages etc...) dictates so : "...30 Jan Professor George Bisharat Calls (Again) for an ICC Investigation of Israel
Middle East and help uphold the integrity of international law.” I am doubtful about both of these claims. Even if Israel is guilty of the violations Bisharat alleges, how does chasing them with ineffectual ICC arrest warrants help the peace process? And how would the integrity of international law be upheld by ICC investigations that will surely be rejected by Israel (and Hamas when they realize what they are facing). If this is the Palestinian strategy to resolve their dispute with Israel, than the prospects for the settlement of this...06 Nov A Response to Katherine Stone
I would like to thank Kathy Stone for commenting on my Article and agreeing to participate in this symposium. She has sharply characterized the main arguments of my paper and made two very helpful criticisms. Both of these are great prods for future work. Let me respond to each of these suggestions in turn. Stone is right that I devoted most of my attention analyzing Doing Business’ main agenda, which I called substantive flexibility: increasing employers’ ability to fire, hire, and set working conditions, thereby decreasing employers overall labor costs....02 Feb Ps&Is for DWIs – What should the Public Know?
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...
25 Mar Smoke and Mirrors: The Art of Misdirection in Claiming Diplomatic Immunity
[Moisés Montiel is a lawyer advising individuals, companies, and States on matters of international law, human rights, and other international areas at Lotus Soluciones Legales . @moisesmontielm] Alex Saab, a Colombian national and businessman, decided to throw his lot in with the Maduro administration in Venezuela and is currently awaiting a decision by the Supreme Court of Cabo Verde on whether or not he’ll be extradited to the US to face prosecution on charges of alleged money laundering. Saab’s defense team has built its arguments around the notion that he...
24 Mar Symposium on Prosecuting Heads of State for International Crimes: The Issue of Personal Immunity Before the ICC, Prosecution of African Leaders, and Questions Around ‘Double Standards’
[Luke Eda is a Senior Lecturer in Law at Bristol Law School, College of Business and Law, University of the West of England (UWE), Bristol, UK. He specialises in public international law and is a member of the American Society of International Law (ASIL)] Introduction In June 2024, African States celebrated the tenth anniversary of the 2014 Malabo Protocol in Addis Ababa. The event revived African-led advocacy for the Protocol’s ratification and the creation of an African Criminal Court, which could potentially keep the International Criminal Court (ICC) out of...
30 Oct Fifth Annual Symposium on Pop Culture and International Law: Ninjas Against Terror – The Akatsuki and the Challenges of Defining Terrorism in International Law
is twofold: a definition too broad could enable states to arbitrarily designate their political opponents as ‘terrorists,’ whereas a definition too narrow could strip the concept of its legal and practical relevance. The Law of the List: Between Justice and Fear In the absence of a general definition, international law relies on a patchwork of instruments. Approximately twenty sectoral conventions prohibit specific acts, such as the financing of terrorism. In parallel, international humanitarian law prohibits certain acts analogous to terrorism when committed during armed conflicts. Article 33 of the Fourth...25 Jan The Draft Executive Order on Detention and Interrogation
not clear 3. Things blow up 4. When it blows up in their face, the lawyer said the law was not clear 5. We need to pass a law to make it "finally" clear. 6. Repeat 1-5 The ambitious lawyers to write memos that reinterpret the current legal regime - no matter what it is - are always available to please a torture oriented President . Their memos help block civil claims as they help the qualified immunity argument of the actors that the law was not clear. Now, uniformed...16 Oct Book Discussion Informal International Lawmaking: Conceptual Approaches
try to grapple with “the substantial extension of inter- and transnational cooperation beyond the traditional forms of international law”. What we hope this book adds to this broader debate is threefold: an in-depth analysis of the reasons why IN-LAW has emerged and is on the rise (sociologically, strategically, and normatively) an analysis of practical legal questions flowing from IN-LAW (is it law, does it have legal effects, do networks have legal personality, how does informal law interact with formal law, and what does IN-LAW mean for the discipline of international...