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

actions of some actors are given more weight due to factors that are completely arbitrary and unrelated to international law, such as linguistic limitations and/or access to documentation. This is something that has been already noted in the past, particularly with the use of force regime, and it’s a problem that is receiving increasing attention since the past year. Hopefully, as international law outlets become more diversified both culturally and geographically, this will slowly begin to change. In this regard, I am happy to see OJ itself taking the lead!...

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...

those who violate the laws of war “cannot obtain immunity”; individuals are criminally responsible if they comply with orders which are “in violation of the International Law of war”. These statements convey the message that all individuals in the world (not only leaders) have an international duty not to commit the crimes proscribed by the IMT Charter, i.e. aggression, war crimes and crimes against humanity. Note that these three statements appear in a section of the judgment entitled “The Law of the Charter”, a section which essentially consists of considerations...

...it is for the court to decide if the underlying Law of Nations being defined actually exists. Congress used a term "Conspiracy" and some language that is very similar to the domestic criminal definition. We are all agreed that that type of Conspiracy does not exist in international law. So the CMCR then enumerates dozens of prior cases where Military Commissions and International Tribunals have tried something they also called "Conspiracy" (though defined differently), and some things that are similar to conspiracy, or are "membership" offenses, to suggest that there...

of submission may be nominated for this prize. Works that have already been considered for this prize may not be re-submitted. Entries may address topics such as the use of force in international law, the conduct of hostilities during international and non‑international armed conflicts, protected persons and objects under the law of armed conflict, the law of weapons, operational law, rules of engagement, occupation law, peace operations, counter‑terrorist operations, and humanitarian assistance. Other topics bearing on the application of international law during armed conflict or other military operations are also...

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...

of Geneva. Her research examines the concept of mass crimes impunity from an international law perspective.] The authors contributed as legal consultants to the drafting of the ICRC’s Guiding Principles for Dignified Management of the Dead in Humanitarian Emergencies and to Prevent them Becoming Missing Persons. This is the second part of a post that aims at presenting the principal international law rules underlying the dignified management of the dead in armed conflict, with a specific focus on the main norms applicable to the ongoing war in Ukraine following the...

...and response. If international law—and the broader pursuit of justice—is to retain its moral authority and normative coherence, legal professionals, journalists, and other key actors must actively challenge the practice of selective attention. Every armed conflict demands rigorous scrutiny, and violations of international law, along with the profound human suffering they cause, must be unequivocally condemned and effectively addressed. Only through such commitment can international law fulfill its promise as a credible and impartial instrument of accountability, rather than risk becoming a tool shaped by geopolitical interests and media influence. ...

Calls for Papers The Program on Information Justice and Intellectual Property and Center for Human Rights and Humanitarian Law, American University College of Law; the Intellectual Property Law Center, Drake University Law School; the Center for International and Comparative Law, Duke University Law School; the Institute for Information Law and Policy, New York Law School; and the Committee on International Intellectual Property, American Branch of the International Law Association are co-sponsoring a Conference and Roundtable on Intellectual Property and Human Rights on February 21-22, 2013 at the American University Washington...

[Lior Weinstein is a fourth-year student of Law and Hebrew literature (LLB and BA) and an LLM student in international law from the Hebrew University, Jerusalem and part of its international law forum.] In this blog post, I will present a new development in Israeli case law – the recognition of transitional justice (TJ) in the property law context. This exciting development is the first time TJ was so recognized, a recognition that can be further developed in many other contexts. TJ can and should play an important role in...

exclusively matters of international humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law” (para. 106). In absence of explicit IHL provisions regulating privacy issues, human rights law seems to provide a valuable general framework for addressing these concerns. Most notably, the European Court of Human Rights (ECtHR) has developed robust standards on privacy, in the context of media and photographic representations, under Article 8 of the European Convention on Human Rights (ECHR). The ECtHR has recognized...