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

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 | |

29 Nov

...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...
29.11.24 | |

02 Nov

[Álvaro Rueda Rodríguez-Vila is a graduate in law (Bachelor, UNED) and in human rights (LL.M., Maastricht University).] In an article published on June 16, 2020, Dapo Akande argued that, assuming that Palestine is a state, the Monetary Gold principle is applicable to the International Criminal Court (ICC or the Court) in the situation of Palestine as to the determination of the Palestine territory because of the territorial dispute between Palestine and Israel. In his words “A judicial determination by the ICC as to whether particular territory in dispute falls under...
02.11.20 | |

24 Feb

[Ríán Derrig is a Postdoctoral Fellow at the WMU-Sasakawa Global Ocean Institute of the World Maritime University.Arnulf Becker Lorca is Research Professor at Pontifical Catholic University of Valparaíso and Visiting Researcher at Harvard Law School.] This two-part post is the text of a memorandum prepared for delegates in advance of the resumption of the fifth session of the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond...
24.02.23 | and |

07 Jun

...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...
07.06.24 | and |

20 May

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)....
20.05.11 | |

25 Mar

[Mark Movsesian is the Frederick A. Whitney Professor of Contract Law at St. John’s University School of Law.] Thanks to Chris for inviting me to say a few quick words about today’s very significant decision. Hooray for Dualism: Just as he did two years ago in Sanchez-Llamas, CJ Roberts endorsed a dualist approach to the judgments of international tribunals. Dualism teaches that international and domestic regimes are entirely independent; in the absence of a domestic act of incorporation, international judgments cannot serve as rules of decision in domestic courts. Because...
25.03.08 | |

26 Oct

“Sergeant Girone’s continuing deprivation of liberty, which is in breach of minimum guarantees of due process under international law, causes irreversible prejudice to Italy’s rights of jurisdiction over and immunity for its officials.”Moreover, since the officer in question was exercising his ‘official function’ at the time of the incident is thus entitled to immunity from Indian criminal jurisdiction. The source relied on by Italy to show the act was indeed an official act was Italy’s Law No. 130 of 2 August 2011, Article 5 of the said law provides for...
26.10.20 | |

02 Sep

use of force, but what does this mean? An alternative view of the existence of the prohibition of the use of force in international law has to be approached. Rosalyn Higgins has postulated in the past that international law is a legal decision–making process, i.e., it is a continuing process of authoritative decisions. This idea considers that rights and obligations of entities are created by participants –and not by subjects of international law, a notion that according to her has no functional purpose– and determined not by reference to the...
02.09.13 | |

17 Jun

...held only under US authority, they may be entitled to Habeas review. Once the Iraqi government takes an interest, however, it supercedes US jurisdiction. HowardGilbert If you accept that Eisentrager arises from principles of international and national law and not the letter or any particular treaty or statue, then this argument runs smack into the problem that everyone has been closing their eyes and trying to ignore. The enemy has an alternate theory of law that he regards as superior to our law. In his theory, all the members of...
17.06.08 | |

11 Jul

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,...
11.07.21 | |