Search: Symposium on the Functional Approach to the Law of Occupation
03 Nov Eroding Sovereignty in the Age of “War as a Service”
...state from direct ownership of its technological foundations means its digital sovereignty is contingent and reversible. It exists only so long as those that host its data permit it. In physical terms, data centres are fixed installations subject to territorial law. In functional terms, however, they form a transnational terrain of power that no single state controls. A classified dataset may reside on servers located in multiple jurisdictions, connected by fibre networks crossing oceans. Encryption and access protocols create enclaves of virtual territory that can be expanded, contracted, or deleted...06 Apr Book Symposium: Is there Existential Interpretation in International Law?
operates within every nook and cranny of the field. As for my own chapter (which is still up on SSRN, although you should really buy the book), its inspiration lay in one other aspect of the conventional approach to interpretation — defining interpretation simply as a process of giving meaning to treaty texts. I’ve always thought that this approach under-claimed the functions interpretation can serve. Certainly, interpretation has an expository function where its processes help interpreters ascertain what meaning to assign some treaty provision or other aspect of international law....06 Sep Syria and the Role of the Security Council
Last Friday, ASIL Insights published an article that I authored, “Legality of Intervention in Syria in Response to Chemical Weapon Attacks.” I followed it up yesterday was an expanded commentary at Lawfare, “Five Fundamental International Law Approaches to the Legality of a Syria Intervention.” A number of readers of the expanded Lawfare post queried me about remarks made near the end of that (lengthy) post concerning the role of the Security Council. Insofar as the disagreements about Syria are serious ones among the great powers, and among permanent five members...
26 Jun The Problem with Independence in Torture Prevention
[Marie Steinbrecher is currently a teaching fellow at UCL’s Department of Political Science while completing her PhD at Royal Holloway’s School of Law.] The Optional Protocol to the Convention against Torture (OPCAT) obliges State Parties to designate a National Preventive Mechanism (NPM). NPMs are mandated to visit all places of deprivation of liberty to prevent torture and ill-treatment. To date, 90 States have ratified OPCAT and must allow independent oversight of their detention facilities. In this post, I discuss the concept of independent oversight, and why independence is important yet...
18 Mar Russian Violations of IHL: The ICC is Not the Complete Answer
[Melanie O’Brien, Associate Professor of International Law, University of Western Australia, is an award-winning IHL teacher and President of the International Association of Genocide Scholars.] Following the news from Ukraine, the list of violations of international humanitarian law (IHL) being reportedly committed by Russia is like a checklist through the rules of IHL, particularly the First Protocol Additional to the Geneva Conventions (API) (which Ukraine and Russia are both party to) and customary international law (CIL) rules. There has been much discussion and support for the International Criminal Court’s (ICC)...21 Feb The Collapse in Greek Living Standards, and a Question about Internal EU Welfare Migration (Updated)
...it’s cheaper to pay Greeks to stay home? What is the current state of EU law on internal migration for work, on the one hand, and social benefits, on the other? Is there any reason to believe that either of these two motives for internal migration could become sufficiently general to raise issues for the wealthier EU countries? Update: Thanks to Martin and EU Law Student in the comments for pointing us non-EU-law-experts to, first, the 2004 Free Movement Directive and, second, an article from 2006 by Kay Hailbronner on...15 Nov Events and Announcements: November 15, 2015
the global arena. The conference will also address the functional reality of joint operations led by the Agency. Matters related to Human Rights and the legal responsibility for agency activities will be discussed. An emphasis with be placed on particular cases of search and rescue operations, return operations and the obligation of non-refoulement under international law. The conference will bring together academics and practitioners from EU and international law backgrounds. Given the current refugee crisis and with Luxembourg currently holding the EU Presidency, the event could hardly be better-timed or...