Search: Symposium on the Functional Approach to the Law of Occupation
17 Oct International Organizations Accountability Symposium: International Organizations May No Longer Be Absolutely Immune in the US
[August Reinisch is Professor of International and European Law at the University of Vienna and Member of the International Law Commission. Clemens Treichl is an associate in the international arbitration group at Freshfields Bruckhaus Deringer LLP. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the position of Freshfields Bruckhaus Deringer LLP or any of its affiliates.] On February 27, 2019, the US Supreme Court handed down its judgment in Jam v. International Finance Corporation, a widely observed case concerning the scope of...
22 Jul The “Camp Zeist” Solution to the Iranian Nuclear Problem: How the Scottish Court in The Netherlands Could Be a Model for a New Deal with Iran
[Jens Iverson is an assistant professor of international law at Leiden University] The Iranian Non-proliferation Problem: Where to Enrich? The main sticking point for a nuclear non-proliferation deal with Iran is domestic uranium enrichment. It seems intractable: but it might not be. Iran has been clear that it is open to a new deal, but insists it must be able to enrich uranium domestically. It frames domestic processing capacity as its “nuclear rights.” Iran has rejected proposals that its enrichment be placed, in the long run, in the territory of...24 Sep Some Observations and Opinions on the “Zero” Version of the Draft Treaty on Business and Human Rights (Part II)
States prove weak or unable to hold corporations accountable despite their best efforts, thus reducing the impunity. Article 6, on the other hand, begins by confirming that “[s]tatutes of limitations shall not apply to violations of international human rights law which constitute crimes under international law”, which echoes ICTY and Inter-American case law, among others, apart from instruments as the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity or the very Rome Statute of the International Criminal Court in article 29. Now, quite interestingly,...
07 Jul Customary International Law Symposium: The Stubborn Tenacity of Secondary Rules
the idea, to quote the ILC’s Draft Conclusions on Identification of Customary International Law, that “[t]o determine the existence and content of a [primary] rule of customary international law, it is necessary to ascertain whether there is a general practice that is accepted as law.” “Put simply,” Hakimi insists, “the rulebook conception reflects what many people imagine CIL to be, but it does not describe what global actors use and receive as CIL in the everyday practice of law. It does not reflect what CIL ‘is’ as a real-world sociological...
17 Feb Increasing the Odds for Jockeys Riding Three-Legged Horses: A Way to Strengthen the Effectiveness of the Elected Members on the UN Security Council
...member(s) siding with taking action. Probably most importantly, working together in this way would diminish the “veto threat”, which in its many subtle forms is applied to discourage elected members from even considering coming together and pursuing Council action. The Council working in this way would make clear that it is not our system of collective security that is ineffective. It is made ineffective when permanent members overstep their privileges under international law. Practically speaking, such collective action would require some changes in how elected members approach working on the...03 Jul Permissible Ruse or Perfidy — the Colombian Hostage Rescue
...conspiracies) in violation of the laws of war [10 U.S.C. § 950v(b)(15), (16)]. Therefore, it may in fact be a rule of CIL under the MCA as well. I raised the complexities of the related issues of perfidy and "unlawful combatant" status in my article regarding Hamdan's military commissions case at J Int Criminal Justice 2008 6: 371-383 (May issue). The definition of perfidy in both AP I and the MCA, as discussed below, relies on 'protection under rules of international law.' These international rules do not discuss "protections" owed...28 Jul Weekend Roundup: July 21 – 27, 2012
...also puzzled by a statement of the OTP that the ICC does not have jurisdiction because Rwanda is not a party even though the alleged aiding and abetting took place in the DRC, which is a party. Duncan Hollis argued that the Aurora shootings are unlikely to change US positions during negotiations of the Arms Trade Treaty. In a guest post, Solon Solomon wrote about the dynamic interpretation of the law of occupation. A second guest post, by Annie Gell, discussed the practical lessons to be learned from the recently...
22 Sep Symposium on Protest and Legal Mobilization: From the Rule of Law to the “Rude of Law”- Protesting in a World of Shrinking Freedoms
...to empower citizens to control power and call out arbitrariness and abuse, what we are now witnessing in many countries is a reversal, a gradual weakening and hollowing out of the rule of law. The paradox is that this slow “eviction” of the rule of law is happening through laws passed by democratically elected parliaments. Spain’s controversial Organic Law 4/2015 on the Protection of Citizen Security, commonly referred to as the “ley mordaza” (gag law), offers a striking example of how protest rights are being reconfigured within democratic frameworks ()....17 Jan New Book Project on the Nuremberg Military Tribunals
scholarly attention to the NMT is both perplexing and unfortunate, because the Tribunals’ judgments have played a critical role in the development of international criminal law. Most often, their jurisprudence was very progressive: holding that aggressive war does not require actual armed conflict (Ministries); insisting that international humanitarian law limits military necessity “even if it results in the loss of a battle or even a war” (Hostage); delinking crimes against humanity from war crimes and crimes against peace (Einsatzgruppen) and recognizing genocide as a crime against humanity (Justice); developing the...