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

15 Mar

Here is another persuasive account of why the U.S. is disadvantaged by not joining the UN Convention on the Law of the Sea. The case is fairly simple: There is a lot of oil and natural gas up there, and the U.S. can’t negotiate with other countries to divvy it up until it signs on to UNCLOS. The 5.5 million-square-mile area north of the Arctic Circle — part of the U.S., Russia, Canada, Denmark (which owns Greenland), Finland, Norway, Iceland and Sweden — contains up to 25 percent of the...
15.03.10 | |

24 Jan

...Congress could not make law to enforce a treaty that resolved a dispute between a state and a foreign country unless Congress could make the same law absent the international dispute. Between 1913 (the earlier case) and 1920 (Missouri v Holland), it became almost universally understood that migratory birds were not inexhaustible, and that overhunting by Missouri would be detrimental to the rights of other states. However, it turned out that only Canada was willing to contest Missouri's assertion of exclusive "property"ownership. When the property dispute is between a state...
24.01.13 | |

22 Jan

or state). The U.S. has also had treaties with free cities and other entities, some of which had govts. Under the laws of war, it would be appropriate to recognize that there are two govts. presently in Syria, that a belligerncy occurs (which is also an international armed conflict to which all of the customary laws of war apply). Also, you seem to assume the every state that has recognized the entity that is the legitimate representative of the Syrian people has in no way, directly or impliedly, recognized that...
22.01.13 | |

15 Apr

Your weekly selection of international law and international relations headlines from around the world: Africa Suspected Islamist militants killed at least 60 people in an attack on a village in northeast Nigeria, while a separate attack killed eight people at a teacher training college. Nigeria will mount a massive security operation to protect a World Economic Forum on Africa planned in Abuja next month, following the bomb attack by suspected Islamist militants on the capital’s outskirts on Monday. A militia leader accused of kidnap, rape and cannibalism has surrendered alongside...
15.04.14 | |

14 Jan

I don't know anything about these cases, so am curious how the arguments were made there and might be extended here. The NewStream Dream Given that immunities are a function of their functionality, i.e., they are derived from the interests they seek to protect, it would be hard to say that a lawyer from the DOJ would get treated differently than a lawyer at one of the NSAs. In other words, you can't distinguish Yoo's case without striking a serious blow agains the whole concept. One other point that is...
14.01.08 | |

09 Mar

addressee of an international treaty obligation, it is not all that illogical. David Sloss Tobias, Allow me to respond to the points you raised. 1. Under U.S. constitutional law, the state is generally required to bring an arrestee before a judge for arraignment within 48 hours after the arrest. See County of Riverside v. McLaughlin, 500 U.S. 44 (1991). If the judge informs the arrestee of his VCCR rights during this initial arraignment, which is the best approach, this would certainly satisfy the "without delay" requirement. Moreover, under the functional...
09.03.07 | |

04 Apr

...investigated (emphasis mine): 32. The ICC case law has not authoritatively determined the meaning of the word “case” in Article 17(1). It is significant that for the purposes of authorising an investigation under Article 15 in respect of the Kenya Situation the Pre-Trial Chamber held that the admissibility of the case before the ICC must be determined by whether (i) the groups of persons that are the likely to be the object of an investigation by the ICC and (ii) the crimes that are likely to be the focus of...
04.04.11 | |

15 Jan

...case does not even arise. That case dealt with the resolving the tension between an EU State's contradictory obligations under the UN Charter and under EU law. In essence, it considered the extent to which EU law would take cognizance of the State's having a contradictory obligation. Here, however, any obligation that would arise under a UNSC decision would be binding on one entity--States--while the potentially-contradictory Rome Statute would be binding on another--the Court. Thus, we have a situation where different subjects of international law would potentially have different obligations,...
15.01.13 | |

29 Jul

individual liberty. That is why one of the first laws passed by Congress extended and standardized habeas by statute. We have not seen common law habeas (stripped of statutory extensions) since the country was founded, until it began to be exercised in the DC Circuit after Boumediene. It is therefore not surprising that it would be more controversial to initiate something that has existed but never actually been used since the founding of the Republic (common law habeas) than to simply interpret the text of a familiar statute to extend...
29.07.09 | |

05 Dec

[Jonathan Hafetz is an Associate Professor of Law at Seton Hall Law School and was previously a senior attorney at the ACLU’s National Security Project. He has served as counsel in numerous national security detention cases, including al-Marri v. Spagone.] The U.S. Senate last week approved an amendment to the FY 2013 National Defense Authorization Act (NDAA) introduced by Senator Diane Feinstein (D-CA) that would make it harder for the government to subject U.S. citizens and lawful permanent residents (LPRs) apprehended in the United States to indefinite military detention. The...
05.12.12 | |

14 Jul

...lawyer’s job is to provide analysis to a client, in whose shoes the lawyer by definition does not him or herself stand. The client always has the ability to accept or reject the analysis. The idea that the existence of an alternative buyer is assumed is erroneous, and does not derive from the analysis, or anything contained in it. The suggestion made is not that the real estate transactional analysis is inaccurate, but that it is irrelevant. The suggestion is that consideration is not required, and that Israel should sell...
14.07.09 | |