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

21 Jul

the post: Her presentation of the relevant facts and relevant international law is tendentious in the extreme [Gaza, with not a single Israeli soldier or civilian, is “occupied?” Israel “transferred” its population to the West Bank? Using white phosphorous to illuminate targets violates international law?]. She accuses Israel of apartheid. She consistently refers to the wars in Lebanon and Gaza as “Israel’s wars,” even though, obviously, they were fought against foes that were launching cross-border attacks against Israel’s civilian population and which declare themselves to be at war with Israel....
21.07.09 | |

23 Jan

Philippines to use this signal. China is confronted with a situation that reminds me of the US with regard to Nicaragua at the ICJ or even the Medellin space. How in conformity with rule of law will China act - and what does rule of law mean in this setting. Best, Ben Kristen Boon Annex VII to the Convention provides some points of reference with regards to: (i) selection of arbitrators (Para. 3), and (ii) what happens if China fails to defend its case (Para. 9). Of particular note is...
23.01.13 | |

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 | |

02 Nov

...law. The extent of the practice was assessed along with the presence of constitutional and legislative controls. 9. Law enforcement access to data This category relates the access by law enforcement agencies to the full spectrum of personal information on both criminals and the general population. Aspects include fingerprint and DNA data, criminal intelligence, access to general information systems, access to road and vehicle data, financial data and specific-purpose databases. We considered a range of operational aspects of policing along with capacity for data analysis, data sharing, national integration of...
02.11.06 | |

09 Nov

...the UN Charter, to defend the rule of law, to show solidarity with Ukraine, to stand up against oppression and imperialism, to prevent future acts of aggression against one’s own territory, or to make the point that leaders, including those of a P5, are not beyond accountability. These considerations and political motives are up to the states. What is relevant on a legal level is that the path taken is in accordance with international law and that states are of the opinion that they act in accordance with international law....
09.11.22 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |