Search: Symposium on the Functional Approach to the Law of Occupation
13 Jan Lieblich Guest Post: Yet Another Front in Israeli/Palestinian Lawfare–International Prize Law
Axis maritime prizes captured in nearby waters. This power was never before exercised by Israel, which inherited the mandatory legislation upon its creation in 1948. While the British prize laws are in essence jurisdiction-conferring rules, and deal mostly with procedure, the substantive norms of international prize law are derived from customary international law. Here lie the interesting aspects of the case. It is common knowledge, among those dealing with the nitty-gritty of IHL, that the process known as the “humanization of international humanitarian law” – as famously put by Theodor...26 Jul International Law in the U.S. Supreme Court: The Antelope and Other Mysteries
It is a pleasure to hold International Law in the U.S. Supreme Court in my hands and flip through its pages. It is a volume that I have long wished for – a comprehensive reference book, in the pages of which one can be confident of finding an intelligent summary all the major Supreme Court cases from any given era. I imagine that any lawyer litigating a case involving international law in the Supreme Court will want it handy in the early stages of briefing. Law student writing research papers...30 Aug Symposium on Occupation Law: Fitting a Square Peg into a Round Hole
[Diana Buttu is a lawyer and activist who is currently a law fellow at the University of Windsor Law School. This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017). ] This June, Israel marked 50 years of military occupation of the West Bank, Jerusalem and the Gaza Strip. Far from being a sombre affair, this anniversary was met with wide celebrations by Israeli politicians across the political spectrum. Titling the event “50 years...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...
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...