Search: Symposium on the Functional Approach to the Law of Occupation

...a tribunal could not be grounded in the domestic criminal jurisdiction of other states simply because there is no universal jurisdiction for the crime of aggression. So I agree with you that, as a matter of law and policy, it is best to leave it for Ukraine to prosecute the crime of aggression committed by Putin and other senior Russian leaders perhaps by using the definition of the crime under customary international law - which was undoubtedly binding and accessible to those individuals at the time of the offence. 2....

[ Yilin Wang is a PhD candidate in International Law at the Graduate Institute and a research assistant of the China, Law and Development Project at the University of Oxford.] On 16 September 2021, Armenia instituted proceedings against Azerbaijan before the ICJ on the grounds of racial discrimination, hatred and ethnic cleansing against individuals of Armenian ethnic or national origin in light of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). A week later, Azerbaijan raised a counterclaim against Armenia before the Court for its...

type of warfare and have the characters playing the same role as the audience – they are watching events unfold on screen. In this regard, they are more immersive as a viewing experience and present a new form of law, ethics and proportionality to viewers. These films do reinforce existing narratives in international law, however they place the viewer in the position of decision makers. The films complement each other well but adopt different approaches when presenting a similar ethical conundrum of the collateral cost of action. Introducing Good Kill...

...properly described as skeptical of yielding "sovereignty to an unruly and unpredictable global community"? Do you disagree that there are those who are committed in the abstract to the idea of international law, but functionally ignorant of the doctrinal details and substantive law? Or do you think everyone who subscribes to progressive orthodoxy is ipso facto "well educated" and a serious scholar of international law? Do you? Do you disagree that "progressive" intlawyers can be guilty of self-aggrandizement when they equate their opinions with that of "the international community"? International...

[Dr Saeed Bagheri is Lecturer (Assistant Professor) in International Law at the University of Reading School of Law. He conducts research in the law on the use of force and international humanitarian law.] After three decades of being occupied by Armenia, the territories in and around Nagorno-Karabakh (NK), which make up more than 20 per cent of Azerbaijan’s territory were recaptured by Azerbaijan by 1 December 2020. At the end of the second war over NK, which erupted on 27 September 2020, a ceasefire agreement, brokered by Russia after a...

...In the words of Chilean jurist, Edmundo Vargas Carreño: “Concerning the measures that States can adopt regarding those States that seriously violate the human rights of the individuals under their jurisdiction, provided said actions are in conformity with other concepts of international law, they cannot be considered unlawful interventions” (my translation). The question in the minds of many Latin American diplomats, therefore, is what exactly counts as an action in conformity with international law, from a Latin American, non-interventionist perspective. The answer, one might venture, has changed through time, adapting...

[Eric C. Sigmund is a legal advisor for the international humanitarian law program at the American Red Cross. He is a 2012 graduate of Syracuse University College of Law and the Maxwell School of Citizenship and Public Affairs at Syracuse University. All opinions expressed in this article are solely those of the author and should not be attributed to the American Red Cross.] Recently, Kevin Jon Heller published a short piece on Opinion Juris entitled Why Can’t US Courts Understand IHL? The piece, which addresses Al Warafi v. Obama, suggests...

by e‑mail. Frankfurt Investment Law Workshop 2018: International Investment Law and Constitutional Law (9-10 March 2018). For many years, the Frankfurt Investment Law Workshop – jointly organized by Rainer Hofmann (Frankfurt), Stephan W. Schill (Amsterdam), and Christian J. Tams (Glasgow) – has been a forum for the discussion of foundational issues of international investment law. The 2018 workshop addresses the increasingly relevant relationship between international investment law and constitutional law. While both fields, for a long time, have kept maximum distance to each other, they are beginning to interact as...

[ Giulia Pinzauti is Assistant Professor of Public International Law at Leiden Law School’s Grotius Centre for International Legal Studies. Alessadro Pizzuti (Twitter: @Aless_Pizzuti) is the co-founder and co-director of UpRights .] The authors would like to thank Miles Jackson and Daniel Gryshchenko for their help and suggestions for this post. Introduction The ICC’s lack of jurisdiction over the crime of aggression committed by the leadership of the Russian Federation and Belarus against Ukraine has prompted several voices to advocate alternative avenues to address such a potential impunity gap, including...

[Ilias Bantekas is Professor of Law at Hamad bin Khalifa University (Qatar Foundation) and Adjunct Professor of Law at Georgetown University, Edmund A Walsh School of Foreign Service Andrew Dahdal is an Associate Professor at the College of Law and Legal Advisor in the Office of General Counsel at the College of Law, Qatar University] Modern international law is an outgrowth of the Westphalian system and European geopolitics. Through the West, international law is imbued with certain ideals stemming from the Christian faith and tradition. Notions such as ‘Blessed are...

In a legal wrinkle to the ever-worsening Sino-Japanese relationship, the Chinese government has now publicly backed a lawsuit filed in Beijing courts against Japanese companies that used Chinese citizens as forced laborers during World War II. The lawsuit names Mitsubishi Materials Corporation and Mitsui Mining and Smelting as defendants and asks for compensation of 1 million yuan ($163,000) for each defendant as well as apologies in the Chinese and Japanese languages to be placed with the country’s major media outlets. Japan’s government has already opposed these lawsuits, saying that any...

...in the history of maritime flag usage – not irrelevant, to be sure, in the history of a maritime nation.) Flag worship gets a significant boost in the Civil War; both the stars and stripes and the stars and bars are functionally battle flags. Flag worship really takes off with America’s first overtly imperial acquisition – the Philippines – and the various laws regarding treatment of the flag mostly date to the First World War and the massive effort made by the Wilson administration to whip up sentiment for the...