Search: Symposium on the Functional Approach to the Law of Occupation
11 Jul New Vulnerabilities: the Fate of Governmental Data Stored on the Cloud
supremacy. Regarding the infringement of a state’s territorial sovereignty, no consensus could be found among the Experts as to whether or not a “cyber operation that results in neither physical damage nor the loss of functionality amounts to a violation of sovereignty” (Rule 4, note 14). Among the proponent of a violation of territory in spite of any physical damage or loss of functionality, Experts noted that “altering or deleting data stored in cyber infrastructure without causing physical or functional consequences” could potentially amount to a violation of sovereignty. Nonetheless,...18 Jun Berman Book Discussion: Berman Agonistes
feature conflicts involving state law, such as competing claims for authority between two or more states (should the IP law of states A or B should govern the registration of internet domain names); between domestic and international institutions (such as the ICJ and US Supreme Court decisions in the Avena/Medellin line of cases); and between public and private actors (such as when religious and state law diverge on family law matters). Perhaps as a result, GLP devotes very limited attention to analysis of “conflicts” between and among different functional international...
07 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
...not demonstrate our willingness to apply the law equally, if it is seen as being applied selectively, we will be creating the conditions for its collapse”. That could not be clearer than now. The ICC has previously tried and convicted individuals under Article 70. In the Kilolo case, Jean-Pierre Bemba Gombo and four others were found guilty in 2016 in relation to the false testimonies of defence witnesses. Charges were confirmed in the case of Kenyan lawyer Paul Gicheru in 2021 for the alleged bribery of a number of witnesses...03 Oct Book Symposium Investment Law: A Reply to van Aaken
[Dr Anastasios Gourgourinis is Lecturer in Public International Law at the National and Kapodistrian University of Athens Faculty of Law, and Research Fellow at the Academy of Athens] I am very grateful to Anne van Aaken for her challenging and insightful comments on my chapter “Reviewing the administration of domestic regulation in WTO and investment law: the international minimum standard as ‘one standard to rule them all’?”, as well as for providing me the opportunity to further expand and explain my argument. She essentially poses two questions: whether the simultaneous...20 May Can We All Agree that the War Powers Resolution is Dead?
JordanPaust Response... BUT the WPR (sec. 2) only addresses the President's c-i-c power, not the President's authority and duty faithfully to execute the Laws, including international law -- including a U.N. S.C. authorization to use force, nor does it address the President's power as the Executive (executing Laws, including international law). Moreover, Section 8(b), (d)(1)-(2) assures that there was no intent to limit presidential competence to execute relevant treaties of the U.S. (e.g., a U.N. S.C. authorization). See generally 26 Ga. J. Int'l & Comp. L. 15, 19, 21-24 (1996)....
06 Aug Emerging Voices: The Use of the ‘Proxy Argument’ in the Al-Bashir Case–A Riddle for the Law of International Organizations
of the organization are the key concept that can turn an independent state into an organ. Indeed, the core of the controversy concerns the nature of the arrest warrant as a rule of an international organization. If the arrest warrant is international law, the ICC is a functional entity of which member states are independent sovereign entities. They remain responsible for the action taken while implementing ICC law. Conversely, if the arrest warrant is internal law, the ICC is a supra-national, constitutional, entity under which member states appear as organs....21 Jun Let’s Not Confuse War Powers with the War Powers Resolution
unilaterally introduced forces into the Persian Gulf consistent with the Resolution, but neither would have passed constitutional muster). On the other hand, it can’t constrain Presidents to terminate military operations without affirmative congressional action, as the 60-day clock would require. From a functional perspective, the default termination provision leaves important military decisionmaking intolerably hostage to the probabilities of congressional inaction (Kosovo as exhibit A). That’s getting lost in the debate over the meaning of “hostilities”. Even if the Libya operation does qualify as such for purposes of the law, it...21 Nov LJIL Symposium: A Response to Professor Brad R. Roth on (Empty?) Promises of Self-Determination
[Zoran Oklopcic is an Associate Professor of International Law at Carleton University in Canada. He focuses on self-determination, popular sovereignty in theory of constitutional law and on the theories of secession and territorial rights] I am grateful to Professor Brad Roth for engaging with my article, “Beyond Empty, Conservative, and Ethereal: Pluralist Self-Determination and a Peripheral Political Imaginary”. In his response, Roth embraces my understanding of his account of self-determination as “emptied” of normative content, and, in fact, insists on rejecting projects that would seek to give it a more...