Search: Symposium on the Functional Approach to the Law of Occupation
26 Jun Are Security Council acts relevant to the formation of Customary International Law?
binding making states' attitude relevant of their position towards norms, and that GA's legal work shows only opinio juris, because its resolutions are not binding making states' positions only a recognition of existing norms? ... Obviously in a perspective where customary law is the principal source of international law that treaty obligations only codify, where "pacta sunt servanda" is a customary norm... Hostage Re: I would state that some GA resolutions address law or make conclusions about the application or breach of law and, therefore, can provide relevant indicia of...12 Sep From Apology to Bazinga!: International Legal Rhetoric in Obama’s Speech and Putin’s Op-Ed
heads with this (Read: war and terrorism); and 2. You are acting illegally (and Russia is defending international law and institutions). If you think I am overstating the level to which Russia is using the language of law to frame their public diplomacy, consider this excerpt (emphases added): We are not protecting the Syrian government, but international law. We need to use the United Nations Security Council and believe that preserving law and order in today’s complex and turbulent world is one of the few ways to keep international relations...06 Feb Letter to the Israeli AG About the Deportation of African Asylum Seekers
the Prime Minister agreed with President Kagame, who emphasized that he would only accept a process consistent with the requirements of international law.”[1] The two leaders discussed the Procedure, and particularly section 2.3, which states that “the State of Israel has reached arrangements with two different African countries permitting the absorption in their territory of infiltrators who infiltrated into Israel unlawfully.” Below we examine the agreements’ compliance with international law, including treaties and customary international law, but also by reference to the general principles of international law (section 38(1) of...19 Jul Emerging Voices: Engaging with African Human Rights Law
internationally recognized human rights. This is the case even when there is African human rights law directly on point. Two critical steps needed to overcome this are: (1) much better integration of African human rights in so-called international human rights curricula and (2) much greater involvement of African lawyers in practice. While fully agreeing that African human rights law can provide useful innovations contributing the development of the law, one of the ironies is that practitioners often will only look to African law in those cases where they need some...12 Jun Andreas Lowenfeld: A Life Illuminating the Path
for his work in international litigation and arbitration, that description does not capture his career. Consider this excerpt from his New York Times obituary: Professor Lowenfeld was a towering figure in the fields of public international law, trade and economic law, private international law, and international arbitration. He served on the NYU Law faculty for 47 years, influencing generations of lawyers, and continued to teach International Litigation and Arbitration and International Monetary System among other courses until as recently as Spring 2013. Professor Lowenfeld wrote more than 18 books and...16 Aug Emerging Voices: Is the Margin of Appreciation Accorded to European Union Member States Too Wide, Permitting Violations of International Law?
Union (EU) member states deference when the national authorities use their discretion to carry out duties under international law, which, it is argued, may at times be accorded so widely, that the margin of appreciation may permit member states to derogate from their international law obligations. The idea that the margin of appreciation is not yet a settled area of the law is reiterated by Greer in his paper. The doctrine first appeared in the ECtHR’s jurisprudence in the case of Cyprus Case (Greece v. the United Kingdom ). Despite...28 Apr Weekend Roundup: April 21-27, 2012
...verdict in the Charles Taylor case, Kevin Jon Heller reminded us that Taylor is not the first former head-of-state to be judged by an international tribunal and following the verdict, Kevin posted in response to the verdict and about the one “dissenting” voice of alternative Judge Sow. This week’s main event was the Symposium on the Functional Approach to the Law of Occupation. During the symposium: Aeyal Gross explored what the “functional approach” to occupational law actually is. Sari Bashi reluctantly defended the law of occupation here, explaining why Israel...19 Aug The Chickens Come Home to Roost — U.S. v. Said
reflects the law of nations concerning piracy. United States law since 1820 does not accurately reflect the law of nations, just as the Military Commissions Act does not accurately reflect the law of war. By treating the US cases as a reliable proxy for the law of nations, therefore, Judge Jackson necessarily reached the wrong conclusion. So, was Said wrongly decided? The answer, paradoxically enough, is both yes and no. As Dave notes, Judge Jackson should have relied on the High Seas Convention and UNCLOS instead of on Smith and...01 Jun Events and Announcements: June 1, 2014
Calls for Papers Following a successful conference organised by the Qatar University, College of Law and the Qatari Branch of the ILA on the Syrian Crisis and International Law they now plan for a special issue of the International Review of Law on the same theme. To this end, they are looking for contributions discussing: public international law, including collective security and the use of force as well as papers exploring the applicability of the Responsibility to Protect theory; international humanitarian law and international human rights law including the relationship...21 Jul The UK’s Genocide Law Amendment Proposal
[2007] 1 AC 136). Making the criminal law of the ICC Act 2001 retroactive would therefore make it retroactive criminal law, notwithstanding the fact that the law has already existed internationally. But I think you are right to suggest that Article 7(2) of the ECHR allows us to look beyond the narrow confines of domestic law and ask whether the act now made criminal in domestic law has been so either in domestic or in international law at the time now covered by domestic law. Any thoughts? Gregory Gordon Tobias,...
01 Oct Open Letter to UN Secretary-General António Guterres: Supporting the Call for a Global Study on the Crime of Apartheid and for its Inclusive Definition
...rights precedents recognizing “gender,” “race” and “ethnicity” as social constructs are abundant, there is a dearth of jurisprudence under international criminal law. The difference between the two areas of law lies in the strict legal requirements for prosecuting crimes as opposed to what is required to demonstrate human rights violations. As a crime, apartheid is interpreted more narrowly and in accordance with international criminal law principles such as the principle of legality. While international human rights law can be an interpretive aid for international criminal law, it cannot necessarily be...
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Kirby Anwar, Wendy Isaack, Artemis Akbary, Zahra Mousawy, Randa Siniora, Yifat Susskind and Maria Sjödin
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