Search: Symposium on the Functional Approach to the Law of Occupation
30 Sep The ICC between Delegation Theory and Community Functions: Perils and Opportunities
rights is supplanted by one of duties’ (Loughlin, p.371). What is more, the idea of the Court exerting jurisdiction based on conferral of powers that states would normally exercise at the domestic level is simply misplaced, given that states recognise or accept the jurisdiction of the Court, created to perform certain functions and fulfil certain purposes within the international community. This position echoes the so-called ‘functionalist theory’ or ‘functionalism’, which is a shared mode of thinking in both public law (see Loughlin) and public international law (Klabbers; Schermers and Blokker,...
29 Feb Charting a Pathway to Resolving Conflicts through Harmony and Mediation: Chinese Approach to International Conflict Management
...This strategy, carefully devised to manage conflicts, has resonated with other countries that share a non-interventionist agenda. This piece argues that the essence of China’s approach to mediating conflicts should be distilled and shared as valuable elements of peacemaking in a world that desperately needs it. Harmony v. Liberalism Norms: The Emerging Principle to Manage Conflicts In fact, China’s foreign diplomacy focuses on the theme of a harmonious world, which represents a nuanced approach to navigating complex international situations, including conflicts. This approach signifies a shift in China’s role within...31 Aug Symposium on Occupation Law: Control and the Law of Occupation
law of occupation is fraught with complex realities. One of these realities is that new forms of technological and political control are increasingly relevant to the law of occupation. Citing the 2015 ECHR decisions Chiragov (question of Armenia occupying Nagorno-Karabakh) and Sargsyan (question of Azerbaijan occupying Gulistan), Aeyal argues that adopting restrictive interpretations of the law of occupation results in denying protection of norms in the Geneva Conventions. The Sargasyan decision is particular explicit in its explanation of what is required to trigger the law of occupation: “The requirement of...
08 Apr Azerbaijan v. Armenia before the European Court of Human Rights: Revisiting the Effective Control Test after the “44-Day War”
jurisprudence. Conclusion The military aggression, whether direct or hybrid, is not just a violation of international law; it is a complete negation of it. Thus, in such a case, rigid legal interpretation of the fact of occupation is likely to make the European Convention not just ineffective, but also counter-productive. If international courts take a rigid interpretation of the law and evidentiary standards in such cases, a wrongdoing state negating international law will likely avoid legal consequences and defeat the object and purpose of the European Convention and international law. ...
29 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Introduction
manner, we can open our analysis to all kinds of relationships between possible rights-holders and possible duty-bearers in a variety of settings, and make novel propositions which – if grounded convincingly – could help progressively develop international human rights law. This blog symposium was convened with the goal to do precisely that: to contribute to the debate on extraterritoriality in human rights law by zooming in on the theoretical and conceptual foundations for the existence of human rights relationships (in the extraterritorial context). The added value of this symposium is...
23 May Punishing Atrocities Symposium: Exploring Joint Criminal Enterprise
[Alexander Greenawalt is a Professor of Law at Pace University School of Law. This post is part of our Punishing Atrocities Symposium.] I am honored to provide this commentary on this terrific new book by Jonathan Hafetz. Let me begin by highlighting some of the things that make this publication a valuable contribution to the literature about International Criminal Law (“ICL”). First of all, the book is an extraordinary reference on international criminal tribunals. Someone who knows nothing about the field, will come up to speed very quickly while reading...29 Mar Symposium: Osofsky Reply to Knox
radical pluralist approach that focuses on international lawmaking without disturbing the formal category of international law. The difficulty of such approach—as I acknowledge in the draft—is that the term “international lawmaking” is far mushier than the term “international law,” which leaves the analysis open to exactly the kinds of questions that John asks. But I choose it as the more practically viable approach to global (or more accurately, multiscalar) legal pluralism. In this version of a pluralist model, international lawmakers are those who make law relevant at an international level,...05 Apr NYU JILP Symposium: Response to the Commentary on Policing International Prosecutors
[Jenia Iontcheva Turner is a Professor at SMU Dedman School of Law.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. Many thanks to Opinio Juris and the NYU Journal of International Law and Politics for hosting the symposium and to Margaret deGuzman, Alex Whiting, Sonja Starr, James Stewart, and Kevin Heller for agreeing to read and comment on my article. I would like to use this opportunity...05 Mar HILJ Symposium: Constraining Language Through Culture
[Efrat Arbel holds an SJD form Harvard Law School and is a postdoctoral fellow at the University of British Columbia Faculty of Law.] This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts from this series can be found in the related posts below. Moria Paz’s article, “The Failed Promise of Language Rights: A Critique of the International Language Rights Regime,” is an important contribution to the literature on language rights. Paz advances a timely and insightful critique of judicial and scholarly treatments of language...25 Jan David Sloss Responds to Carlos Vázquez
almost a century after Marshall’s death. Professor Vázquez concedes that the intent-based approach to self-execution is “highly problematic.” When courts apply the intent-based approach and conclude that a treaty is non-self-executing, he says, “they are almost certainly misreading the treaty [and] attributing to the parties a nonexistent intent.” Nevertheless, he claims, we are stuck with the intent-based approach because Marshall adopted that approach in Foster. In contrast, I contend that Marshall applied the two-step approach in Foster. Professor Vázquez apparently agrees that the two-step approach is analytically superior to the...