Search: Symposium on the Functional Approach to the Law of Occupation
02 Sep Syria Insta-Symposium: Ezequiel Heffes and Brian E. Frenkel–The Decision-Making Process of the R2P Doctrine: Towards New (Old) Paths in the Use of Force in International Law
use of force, but what does this mean? An alternative view of the existence of the prohibition of the use of force in international law has to be approached. Rosalyn Higgins has postulated in the past that international law is a legal decision–making process, i.e., it is a continuing process of authoritative decisions. This idea considers that rights and obligations of entities are created by participants –and not by subjects of international law, a notion that according to her has no functional purpose– and determined not by reference to the...17 Jun More on Eisenstrager
...held only under US authority, they may be entitled to Habeas review. Once the Iraqi government takes an interest, however, it supercedes US jurisdiction. HowardGilbert If you accept that Eisentrager arises from principles of international and national law and not the letter or any particular treaty or statue, then this argument runs smack into the problem that everyone has been closing their eyes and trying to ignore. The enemy has an alternate theory of law that he regards as superior to our law. In his theory, all the members of...15 May Book Discussion “Outsourcing War and Peace”: The Clash of Market and Civic Values and Its Implications
[Allison Stanger is Russell J. Leng ’60 Professor of International Politics and Economics and Chair of the Political Science Department at Middlebury College. She is the author of One Nation Under Contract: The Outsourcing of American Power and the Future of Foreign Policy.] This is the first day of our book symposium on Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Related posts can be found below. Laura Dickinson has written a compelling and thoughtful inquiry into the larger implications of...26 Mar In Other Supreme Court News: Political Question Doctrine Takes a Hit in Jerusalem Passport Case
Opinions here, with an eight-Justice majority for the result, with the case kicked back downstairs for resolution on the merits. In the long run, this could prove a watershed decision. The Court rejects the “textual commitment” and “no manageable standards” bases for applying the political question doctrine. Neither has ever made a lot of sense to me on their own terms, and they’ll be tricky to trot out in the future. They were window-dressing for the functional imperatives of judicial nonparticipation in the high-stakes dramas of foreign relations. (Justice Breyer...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...
07 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
...not demonstrate our willingness to apply the law equally, if it is seen as being applied selectively, we will be creating the conditions for its collapse”. That could not be clearer than now. The ICC has previously tried and convicted individuals under Article 70. In the Kilolo case, Jean-Pierre Bemba Gombo and four others were found guilty in 2016 in relation to the false testimonies of defence witnesses. Charges were confirmed in the case of Kenyan lawyer Paul Gicheru in 2021 for the alleged bribery of a number of witnesses...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...
03 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Back to the Drawing Board: Debordering Human Rights Law
human rights law, away from Eurocentrism and approaches that mainly serve the Global North, and back to the idea of human rights as truly universal rights, to be realised through solidarity and global obligations, as proposed by Gibney and Skogly, Pribytkova, Salomon and Skogly. Key Principles for Debordering Human Rights Law Five key principles must inform a debordering redraw of human rights law. First of all, a plurality of duty-bearers, beyond the territorial state, needs to be recognized, in particular but not exclusively foreign states. Second, a diversity of duty-bearers,...
01 Apr Symposium on Military AI and the Law of Armed Conflict: A Risk Framework for AI-Enabled Military Systems
Joint Staff Office of Legal Counsel, and the General Counsels of the applicable military Service are designed to ensure, inter alia, that a given system can be used or applied in ways that comply with International Humanitarian Law/the Law of Armed Conflict (IHL/LOAC) and that there is sufficient evidence that the system under review can and will be employed safely, lawfully, and ethically. In some cases, the sensitivity of potential deployment and use of a given weapon system requires elevating legal review to the National Security Council staff and lawyers,...