Search: Symposium on the Functional Approach to the Law of Occupation
13 May The Prohibition of Abusing a Dominant Position as a General Principle of International Law: Russia’s Biggest Honeypot in Ukraine
and fertilizer supply. Based on the International Law Commission’s most recent work on General Principles as Source of International Law, this article argues that the prohibition of abusing a dominant position qualifies as General Principle. General Principles of International Law In his First Report on General Principles of Law, the ILC’s special Rapporteur Marcelo Vázquez-Bermúdez concluded that there are two types of General Principles in the sense of Article 38 (1) (c) ICJ-Statute. They can either be derived from national legal systems or formed within the international legal system. The...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...07 Nov M.B.Z. v. Clinton: Getting to the Merits on the Recognition Power
Robert Reinstein is Clifford Scott Green Professor of Law at Temple University Law School and the author of Executive Power and the Law of Nations in the Washington Administration , which addresses the early history of the recognition power. M.B.Z. v. Clinton is the first case in which there is an apparent conflict between an act of Congress and the President’s authority to recognize a foreign state or government. The Petitioner and the Solicitor General each argued that the Court did not have to resolve this conflict on the merits....
07 Feb Symposium on Fairness, Equality, and Diversity in Open Source Investigations: The Case To (Re)new Community of Practice for the Open Source Investigative Field
...perpetrators across the globe, a wealth of previously elusive information has opened up to bolster justice and truth-telling efforts, in turn spurring the growth of the open source investigative field over the last decade. However, the existing community of practice in this field is non-functioning. The status quo is for outsider researchers to form an echo chamber, mirroring, contributing to, and entrenching harms already thriving in the documentation-to-justice pipeline. Instead, how do we take good intention and turn it into truly good practice? The issues discussed below demonstrate flawed approaches...07 Sep Two Questions on LOAC
...do sense the thing behind the words. I know we can not go to the common law enumerated lists approach here, but the effort to have a maximized and realistic vision of civilians for purposes of a protection appears to be at the intersection of what International Humanitarian Law and International Human Rights Law and Alien law are trying to do (and should be trying to do) to protect civilians from the monopoly on violence of the state and/or the oligopoly/duopoly on violence with non-state actors hiding among the civilians....18 Mar From Intervention to Recognition: Russia, Crimea, and Arguments over Recognizing Secessionist Entities
proceeding, recognition is premature, whilst, on the other hand, mere persistence by the old state in a struggle which has obviously become hopeless is not a sufficient cause for withholding it. James Brierly, The Law of Nations 138 (6th ed. 1963, Sir Humphrey Waldock, ed). Sir Hersch Lauterpacht described premature recognition in his 1947 treatise Recognition in International Law as an act “which an international tribunal would declare not only to constitute a wrong but probably also be in itself invalid.” (Lauterpacht, Recognition, p.9). Under this view, Russia’s recognition could...12 Sep US Envoy Killing Bolsters Case for Hate Speech Ban
at here, even when it implicates the constriction of rights. The logic has changed, though. It’s not so much that it serves the national interest (as in the foreign relation law logic above). It’s more that international law is demonstrating resiliency in protecting rights, in something approaching a constitutional system. If we don’t like something about international law, we can work to change it (just as we work to change domestic legal systems). As we become more enmeshed in international law, the less capacity there is simply to opt out....02 Dec A Response to Milanovic
prescription. He explores in depth the two main approaches to extraterritorial application—broadly, territorial and personal– and finds them both wanting. As he shows, a territorial approach pushes courts inexorably toward ever smaller definitions of relevant territory in order to ensure, at least in cases that present uncomfortable or shocking fact patterns, that justice is done. (Rather than a nation or region or city, perhaps the relevant territory over which a state exerts control is a facility or building. And so on.) An approach based on persons, by contrast, has no...18 Jan What Governance Role Is the German Constitutional Court Playing?
English-language OJ readers are fortunate to have University of Connecticut’s Peter Lindseth spending the semester in Berlin as the Daimler Fellow at the American Academy, where among other things he is posting to the Eutopia law blog on various governance issues in Europe. (As I indicated in my earlier post, I plan to concentrate on international economic law, governance issues, and international and comparative law issues – including ones like this one, EU governance, in which as a non-specialist, I plan to act as facilitator, raising questions.) In a recent...06 Oct More on Releasing the Awlaki OLC Opinion
had as to whether to release the OLC opinion, redacted, or the preparation of a separate document that addresses the general legal theories as such. (I also agree with Jack Goldsmith, btw, that the real issues are domestic law authorities. I share Jack’s doubt that there’s much more to say about the international law behind this. One either buys the basic approach as a plausible line in international law or one doesn’t. One’s position in this turns on deep priors about the nature and sources of international law.) I realize...