Search: Symposium on the Functional Approach to the Law of Occupation
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...13 Jun Boumediene and the Use of History; Boumediene & Munaf
...they reviewed the basis of the prisoners’ detention on the merits.” The Boumediene majority correctly notes that whether the key cases’ holdings “were jurisdictional or based upon the courts’ ruling that the petitioners were detained unlawfully as prisoners of war is unclear” (slip op. 17). Rather than attempt to answer a momentous question of U.S. constitutional law based on an ambiguous and incomplete historical record, the Court today quite properly turns to other sources of constitutional meaning, namely text, structure, the Court’s precedent and functional, consequential and prudential considerations. Well...04 Sep Another Good Reason Mario Cuomo Never Became President
...enacted (with wide majorities in both houses of Congress) in October 2002, over five months prior to the invasion of Iraq. So what is he talking about? What exactly would have been the functional difference between what Congress did and a formal declaration of war? Now there are lots of good reasons to oppose the Iraq War, but its unconstitutionality is not one of them. And it would behoove both sides in this debate to focus on the policy merits of the war rather than on largely irrelevant legal issues....
11 Nov Raising the Bar: Will Courts Up Their Game on Fair Trial Rights After Semenya and RFC Seraing?
International organizations are generally considered to require jurisdictional immunity to perform their functions effectively. The legal basis for this can be found in treaty law, such as Article 105 of the UN Charter, in customary international law, and in the 1946 and 1947 conventions on the privileges and immunities of the United Nations and specialised agencies, as well as in various headquarters agreements. As a result, disputes involving international organizations are generally excluded from the jurisdiction of national courts. The ECtHR first outlined the “reasonable alternative means” test in 1999...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...
25 Jul Missiles and Messages: Characterizing the Use of Force between Iran and Israel
[ Masoud Zamani is a lecturer in International Law and International Relations at the University of British Columbia, Canada. Amir Abbas Kiani is a collaborating researcher in International Law at Shiraz University, Iran.] The recurring exchange of lethal force and military operations between Iran and Israel gives rise to several urgent and complex legal questions within the framework of jus ad bellum. A particularly intriguing feature of these confrontations is their episodic nature, prompting debate over whether they are better understood as anticipatory self-defense or unlawful reprisals. On the one...
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...
26 Apr Expedient or Reckless? Reconciling Opposing Accounts of the IDF’s Use of AI in Gaza
...assigned to the IDF’s Southern Command (the headquarters responsible for prosecuting the war in Gaza) appears to be close-held information but Mimran claims that a maximum of 50 lawyers on a rotating watch is a “close” estimate of current force composition. If we assume that in the war’s first week 1.) some of these lawyers were not already mobilized; 2.) some were otherwise occupied with non-targeting duties; and 3.) the remainder were split between, say, 12-hour shifts, this leaves a (generous) estimate of perhaps 10 lawyers on-station doing targeting determinations...