Search: Symposium on the Functional Approach to the Law of Occupation
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...05 Dec "Why Don’t You Just Execute Us?"
”Mr. Khalil, if you are going to leave the room, it will harm your client. The court will be obliged to appoint lawyers from the defense bureau.” Saddam: ”The court is allowing the witness to speak, but it does not allow the defense lawyers to defend. Is this the justice?” Judge: ”You will be heard.” Al-Dulaimi: ”We will not stop until we receive the full answer to the question we are concerned with.” Judge: ”We will give you enough time, regarding the refutation of the legitimacy of this court. This...
18 Mar The jus cogens Nature of the Prohibition of Genocide in Sudan v. UAE: A New Case, the Same Old Omission
norm of international law, according to the rules of international responsibility. The logical conclusion is that the legal consequences entailed by it are those enshrined in Article 41 ARSIWA, namely: the duty of cooperation, the duties of non-recognition and not render aid or assistance, and the “other further consequences that a [serious breach] may entail under international law” (Article 41(3)). It is true that the existence a regime of aggravated responsibility in international law remains as a contested topic in the legal debate, but at least the consequences enshrined in...01 Dec When Pacifists Become Hostages
...the actions of the U.S. and U.K. governments due to the illegal attack on Iraq and the continuing occupation and oppression of its people.” This perspective seems to conflate but for with proximate causation. Third, they do not want ransom payment or armed intervention to rescue them. According to this report, CPT “policies state that ransoms will not be paid for workers taken hostage [and] … its members … do not use armed protection in Iraq, are prepared to die for peace and would eschew the use of violence to...13 May Pre-Order Polakow-Suransky’s New Book on Israel and South Africa
...and Golda Meir vocally opposed apartheid and built alliances with black leaders in newly independent African nations. South Africa, for its part, was controlled by a regime of Afrikaner nationalists who had enthusiastically supported Hitler during World War II. But after Israel’s occupation of Palestinian territories in 1967, the country found itself estranged from former allies and threatened anew by old enemies. As both states became international pariahs, their covert military relationship blossomed: they exchanged billions of dollars’ worth of extremely sensitive material, including nuclear technology, boosting Israel’s sagging economy...24 Jun Pax Sinica? China Beats U.S. in European Popularity Contest
...image and that the European public is not thrilled about the idea of China becoming a military rival to the U.S. Moreover, it also reflects the effectiveness of China’s diplomatic and PR machine. But the bottom line: China is not a liberal or democratic country. It is currently imprisoning a lot more people indefinitely in its laogai camps than the U.S. could hope to squeeze into Guantanamo. It has missiles pointed at Taiwan and continues to maintain a quasi-military occupation of Tibet. Oh yeah, they have the death penalty and...
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...
17 Jun Prosecuting Aggression against Ukraine as an “Other Inhumane Act” before the ICC Part I: Prospects
[ 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...
20 Mar De-Christianizing International Law: US Politics and the Evangelical Legacy
[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...
23 Sep Symposium on Protest and Legal Mobilization: Of Being With and Against the Law – Stories from Shaheen Bagh, 2019-2020
accounts of how people mobilise the law and the language of rights to advocate for social change. Such an approach does not view law as merely an instrument to effect change but regards it as both a means and an end in itself and is rooted in the legal consciousness of informal and formal actors. The following discussion examines the mobilisation of law, as ‘sword’ and ‘shield’ in the anti-CAA protests of 2019-2020, focusing on Shaheen Bagh. Law as Sword: Freedom of Peaceful Assembly Under Siege The idea and praxis...