Search: Symposium on the Functional Approach to the Law of Occupation
07 Mar Some preliminary thoughts on the Gitmo Executive Order
...endorsed by the D.C. federal appeals court, tolerated by Congress, and by its terms untouched by this order – is that the statutory Authorization for Use of Military Force passed in 2001 includes authority for the President to detain certain individuals (a category defined with modest and fuzzy reference to international law) for the duration of an armed conflict (within the meaning of international law) between the United States and Al Qaeda. Not an implausible basis of authority in principle. But in reality, the AUMF is vague, and international law...
11 Jul Space Resource Discussions in the UN Committee on the Peaceful Uses of Outer Space
[Valerie Oosterveld is a Professor at the University of Western Ontario (Western University) Faculty of Law in Canada and a faculty member with her university’s Institute for Earth and Space Exploration, also known as Western Space. Anne Campbell is a recent graduate of Western University and a current Western Space summer intern.] Plans for the extraction of water and minerals in outer space – particularly on the Moon – are developing faster than international law is evolving to address this reality. As a result, the Legal Subcommittee of the United...04 Dec Does Hillary Clinton Believe in International Law?
...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...29 Apr Weekday News Wrap: Monday, April 29, 2013
...Wyngaert from the Uhuru Kenyatta trial. Foreign Policy highlights a document uncovering the US’ plans to carry out cyber attacks since the Clinton years. The last of the South Korean workers at the joint industrial complex will withdrawal in the face of North Korea’s escalating nuclear threats. Rebel fighters from Darfur have stormed the Sudanese city of Um Rawaba and have vowed to take Khartoum. In a sign of rising patriotism, Japan celebrated its first “Restoration of Sovereignty” Day on Sunday, to celebrate the end of allied occupation after WWII....
01 Nov Fourth Annual Symposium on Pop Culture and International Law: Representation of Ethical and Moral Dilemmas of Drone Warfare on Screen – An Analysis of ‘Good Kill’ and ‘Eye in The Sky’
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...
09 Nov Warfare to Lawfare under CERD: Armenia v. Azerbaijan and Azerbaijan v. Armenia
[ 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...
07 Mar Creating a Special Tribunal for Aggression Against Ukraine Is a Bad Idea
...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....15 Nov Genocide and Battlestar Galactica
Patrick S. O'Donnell Or, as mom and dad incessantly told us: two wrongs don't make a right. NomdeDroit Of course, all of this analysis would be meaningless in the actual situation described - i.e. humanity facing annihilation. The laws of nature and survival would take over. No one would let his civilization be wiped out because of a fear of international law. Just as the Constitution is not a suicide pact, neither is international law. Remember, international law could only be enforced by the victor (or a third party) against...01 Feb An Analysis of the Legal Obligations of the ELN Guerrilla and Third States in the Aftermath of the Attack Against a Colombian Police Academy (Part I)
[Nicolás Carrillo-Santarelli is a Colombian lawyer, PhD on international law and international relations. He works as a researcher and lecturer of Public International Law at the La Sabana University, Colombia. This is Part I of a two-part post.] Introduction In terms of international law, the region of the Americas is going through what the so-called ‘Chinese curse’ would label as interesting times -as can be seen, for instance, with the recognition of Juan Guaidó as the rightful interim president of Venezuela by some states in the region, followed by support...