Search: Symposium on the Functional Approach to the Law of Occupation
22 Jul Information Operations in International Humanitarian and Criminal Law: Reflections on the Oxford Statement
[Eian Katz is a Legal and Policy Analyst at Canmore Company. He previously served as Counsel at Public International Law and Policy Group.] Earlier this month, the Oxford Institute for Ethics, Law and Armed Conflict (ELAC) released a statement on “The Regulation of Information Operations and Activities,” marking an important step in the global effort to reckon with the implications for international law of disruptive forms of online speech. The Oxford Statement takes a very broad understanding of “information operation[s] and activities”—“any coordinated or individual deployment of digital resources for...
04 Apr COVID-19 Symposium: Will the UN Security Council Act on COVID-19?
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...01 Mar Even More on the Domestic Enforcement of ICJ Judgments: Summary and Analysis of the Briefs for the Respondent
...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...25 Nov ICC Architecture Competition
...winners. The final design will be chosen in 2010 and the building should be completed by 2014. I would vote for the third-place design, because I appreciate its Eisenman/Gehry-like feel. The second-place design is boring and ugly and reminds me of the equally boring and ugly UN (sorry, Le Corbusier — at least you have the excuse that you designed the building in the late 40s). The first-place design is nice and seems very functional, but it’s much less interesting than the third-place one. Readers? Which one would you select?...30 May It’s My Potty, and I’ll Cry If I Want To
...disgruntled astronauts do about it? The Space Station operates pursuant to the 1998 Agreement Concerning Cooperation on the Civil International Space Station among Canada, the European Space Agency Member States, Russia, the United States, and Japan (although the Japanese Space agency’s participation is subject to an MOU with NASA, which I assume is because of domestic law limitations on the agency’s power to enter into international agreements). Article 10 of that Agreement provides The Partners, acting through their Cooperating Agencies, shall have responsibilities in the operation of the elements they...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...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....
06 May The Closure of the Strait of Hormuz by Iran: Considerations over the Law of the Sea and Law of Naval Warfare
flag it flies cannot be considered legal under customary international law. However, conduct against merchant vessels is permitted in specific situations. Attacks Against Merchant Vessels in and Beyond the Strait of Hormuz As the Newport Manual on the Law of Naval Warfare characteristically notes “the law of naval warfare is characterized by an element of economic warfare”. Beyond the rights of visit and search against neutral vessels, the belligerents might take certain actions against enemy and neutral vessels that are strictly regulated by international law. In the hours following the...