Search: Symposium on the Functional Approach to the Law of Occupation
15 Nov Israel’s Brazen Attack on Al-Haq – Troubled from Apartheid Charges, Armed with Terrorism Designations and Blessed by U.S. Silence
the matter.” This, in the author’s view, proves the falseness of Israel’s claims appears to be proven beyond any reasonable doubt. Lieblich and Shinar have already unpacked the legal aspects of the designations and showed that Israel’s Counter-Terrorism Law is “flawed beyond repair.” Further, Shamas from the Center for Constitutional Rights (the CCR) has discussed the downstream effects of these designations on human rights defenders (HRDs) in the U.S., and accurately pointed out that “Israel’s designation [appears to be] primarily intended to trigger the global counterterrorism regime and lend itself...21 Jun It’s the Economy, Stupid (even in Iraq)
obvious than they are. Basically, the clauses found their way into the constitution because they were something each constituency could agree on. They all liked them, they all wanted to include them, and there was as a result very little discussion on most of them. Other than one concerning family law, that is, which really was an attempt to introduce notions of Islam into the law of the family, but the Islamists couldn’t do it directly, so they made it into a “right” of each person to choose their own...
11 Oct Sovereignty over Natural Resources in the Afghan Crisis: Effectiveness and Human Rights Considerations
[Andrea Mensi is a postdoctoral researcher in public international law at the University of Lugano and adjunct professor at the University of Milan; he is an attorney at law admitted to the Milan Bar.] Introduction While the international community is still debating about whether to recognize a government led by the Taliban, there are further critical issues to consider, such as the management of the natural resources in Afghanistan and the rights of the Afghan people with respect to those resources. At the time of writing this post (30 September...16 Dec Guest Post: General Court of the European Union annuls the EU-Morocco Free Trade Agreement on Human Rights Grounds but Forgets Self-Determination
and the Air Transport Association of America and Others v Secretary of State for Energy and Climate Change, (Case C-366/10, 2011, paras 101-111) the European Union is bound by international law, including customary international law. However, to consider customary international law as a benchmark against which the lawfulness of EU acts can be reviewed, the rule should be binding on the European Union, with its content sufficiently precise. Nonetheless, in this case, the Court fails to apply international law since it does not seem to understand the distinction between the...16 May The U.S.-Taiwan-China Relationship and the Evolution of Taiwan Statehood
[Lung-chu Chen is an internationally recognized scholar and Professor of Law at New York Law School, specializing in international law, human rights, and the United Nations. He is the author of The U.S.-Taiwan-China Relationship in International Law and Policy (Oxford University Press , 2016), and An Introduction to Contemporary International Law: A Policy-Oriented Perspective, Third Edition (Oxford University Press , 2015). ] On May 20, 2016, Tsai Ing-wen will be inaugurated as the first female president of Taiwan. Tsai is the first member of the Democratic Progressive Party (DPP) to...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
role of recognition in the law and practice of session” in Marcelo G. Kohen (ed.), Secession: International Law Perspectives (Cambridge University Press, 2006), p. 136. Israel is not Palestine’s parent state. However, an argument could be made that Palestine’s title to the territories occupied since 4 June 1967 compensates for the lack of effective governmental power over all its territories (such as Area C) given that the lack of such control is the result of unlawful conduct by Israel. For five decades, the Government of Israel has persistently refused to...06 Apr Spoils of War and The Golden Tablet of Ishta Temple
...returned some, but not all, of the objects in 1957…. The estate claims that under the applicable laws of the Soviet Union … cultural property taken by Russian troops during the occupation of Berlin after World War II was lawfully transferred from one sovereign to another and that this taking of the gold tablet by Russian troops extinguished the rights of the museum pursuant to international law. Thus, a party subsequently acquiring the tablet could obtain good title and transfer good title to others. The museum maintains, however, that the...21 Jul Bernstein, Israel, and White Phosphorous
the post: Her presentation of the relevant facts and relevant international law is tendentious in the extreme [Gaza, with not a single Israeli soldier or civilian, is “occupied?” Israel “transferred” its population to the West Bank? Using white phosphorous to illuminate targets violates international law?]. She accuses Israel of apartheid. She consistently refers to the wars in Lebanon and Gaza as “Israel’s wars,” even though, obviously, they were fought against foes that were launching cross-border attacks against Israel’s civilian population and which declare themselves to be at war with Israel....
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
[Lior Weinstein is a fourth-year student of Law and Hebrew literature (LLB and BA) and an LLM student in international law from the Hebrew University, Jerusalem and part of its international law forum.] In this blog post, I will present a new development in Israeli case law – the recognition of transitional justice (TJ) in the property law context. This exciting development is the first time TJ was so recognized, a recognition that can be further developed in many other contexts. TJ can and should play an important role in...16 Dec A Bolivian Secession?
...Moldova, where Transnistria is seeking state recognition (thus bringing international law into play) and the Russians have refused to remove their troops from Moldovan soil (implicating the now-denounced Conventional Forces Europe treaty as well as various norms of international law). This leads me to think that the situation in Bolivia as described by the CNN report is, for the time being at least, basically a domestic matter that has not transformed into an issue of international law. As the International Commission of Jurists recognized in the Aaland Islands Case, international...