Search: Symposium on the Functional Approach to the Law of Occupation
09 Nov Alito’s Senior Thesis on the Italian Constitutional Court
an ordinary court, instead of applying and teaching ‘the same law for all,’ taught or applied above all the political ideas of the party or fraction of a party to which they belonged.” Alito likewise appears critical of the Court’s liberalization in the late 1960s, sensitive to the importance of consistency in constitutional decision-making. “The Constitutional Court has been far more willing than the Court of Cassation to disregard ‘precedent.’ The Constitutonal Court’s quick turn-abouts on the adultery and birth control laws … are glaring examples. They are testimony to...
05 Feb ICC and Palestine Symposium: General Assembly Resolution 67/19 and Palestine as a State before the ICC
[John Quigley is Professor Emeritus at the Moritz College of Law, The Ohio State University.] In her Request to the Pre-Trial Chamber for a ruling on territorial jurisdiction, the Prosecutor raises the issue of Palestine’s statehood as a matter to be determined by the Pre-Trial Chamber. She writes, persuasively, that Palestine is a state. The matter was conclusively determined already by the General Assembly in its Resolution 67/19 of 29 November 2012. Palestine had long had an observer mission at the United Nations. Entities that have observer missions can be...
17 Nov “Friendly Fire: On!” – Some Thoughts on the Jersey Incident
...force in the context of maritime law enforcement (MLE) and the possible application of the law of naval warfare (LONW) in similar incidents, with a specific focus on the Jersey Incident on 6 May. Thus, the current fisheries dispute between France and the UK is not included in this paper. The first part will present the conditions of the lawful use of armed force during MLE operations, with examples from the case law. Next, the second part will look for an answer to the question of whether LONW would be...
12 Feb Legal Uncertainty Regarding the Applicability of the ECHR in International Armed Conflict in the Active Phase of the Hostilities
the fact that such situations are predominantly regulated by legal norms other than those of the Convention (specifically, international humanitarian law or the law of armed conflict), the Court considers that it is not in a position to develop its case-law beyond the understanding of the notion of ‘jurisdiction’ as established to date” (para. 141). This position seems even more problematic, because it discards the applicability of the ECHR in favour of international humanitarian law in the active phase of the international armed conflict. Does this mean that the Court...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...23 Mar More Thoughts on the CPT
I couldn’t agree more with Roger about the CPT response. I’m particularly appalled by the verb the CPT uses to describe what happened to the hostages — “released.” Not “rescued.” Not “freed.” “Released” — as if, like Roger says, the Brigades of the Swords of Righteousness simply had a change of heart and let them go. I understand being opposed to the war. (I am.) I understand blaming the kidnappings on the U.S./U.K. occupation. (A strong case can be made.) But to not acknowledge the bravery of the U.S. and...