Search: Symposium on the Functional Approach to the Law of Occupation
10 Aug Our Next Military Attack?
...quick and successful removal of Saddam’s government would have sent the most powerful of messages to the other “rogue” nations: don’t even think of going nuclear. It was a logical game plan deeply rooted in our national security. The “failure” that I mentioned above occurred after the invasion was successfully completed. We had absolutely no idea how to go about pacifying Iraq. Our idiotic blunders of occupation were painfully evident as they were being committed, and I lack the incentive to try to recount them here. Suffice it to say...16 Mar Cheng Book Roundtable: When Should a Court Not Decide (A Response to Professor Brown)
Mihai Martoiu Ticu == But should the Court have accepted a request that so clearly sought to use a court of law, whose legitimacy depends on it being perceived to offer neutral advice, for the political purposes of some states to engage in what we now call "law-fare"?== Is that not what happens in all lawsuits? If I believe that Johny has stolen my wallet and I ask a judge to give me my wallet back, I use a court of law, whose legitimacy depends on it being perceived to...
27 Dec Access to Freshwater and Accountability Issues in the Israel-Hamas Armed Conflict
is the external dimension of the obligation to ensure respect by other actors, its customary law status, and whether common Article 1 imposes any obligation on third parties. This external dimension has evolved over time. In its Wall Advisory Opinion, the ICJ emphasized that states, both occupying powers and third states, have a responsibility to ensure respect for Geneva Convention IV (ICJ’s Advisory Opinion on Wall (2004), para. 158) and ‘all the States parties to the Convention ‘are under an obligation, while respecting the United Nations Charter and international law,...
10 Mar Characterizing War in a Trade Context
The letter of 4 March 2022 does not provide a legal justification for condemning the Russian Federation, nor the decision to exclude Russia from its participation in the Developed Countries Coordinating Group. WTO PANELS HAVE RESISTED CHARACTERIZING LEGAL EVENTS AS VIOLATIONS OF INTERNATIONAL LAW The 2019 Russia-Ukraine trade dispute, Russia-Measures Concerning Traffic in Transit dispute (the DS512 dispute) was the first dispute to formally analyse the invocation of Article XXI. Yet, this report offers more than an analytical framework for approaching the trading rule/security exception dichotomy. Less discussed than the...11 Nov Would Secession by California and Oregon Be Legal?
...in its own internal arrangements, is entitled to the protection under international law of its territorial integrity. In other words, international law guarantees to every state its “territorial integrity” and it can’t be overridden by “self determination” unless serious freedoms or discrimination against residents in the seceding region are being infringed. Moreover, this right has generally only been exercised by states under colonization or foreign occupation. The right might also exist if the state is facing the threat of egregious human rights violations (e.g. Kosovo), but the right in even...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...