Search: Symposium on the Functional Approach to the Law of Occupation
20 Jan From the Ashes of the “Empires”: Towards Global Convergence in Approaches to Data Governance?
[Alexandros Bakos is a Postdoctoral Fellow (Industrial Policy and Digital Development Project) at the College of Law, Hamad Bin Khalifa University. Amna Zaman is a S.J.D. Candidate and Fellow at the Industrial Policy and Digital Development Project, College of Law, Hamad Bin Khalifa University. Georgios Dimitropoulos is a Professor of Law and Associate Dean for Research at the College of Law, Hamad Bin Khalifa University.] Introduction In her book, Digital Empires, Anu Bradford discusses how the three global digital powers, the United States (US), China, and the European Union (EU), pursue...
04 Sep Sea Level Rise and Its Implications in International Law
...global sea level has also rekindled the debate between fixed and ambulatory baselines under International Law. At the outset, Article 4 of the UNCLOS defines a Normal Baseline as the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. The normal baseline of a State is essentially used to calculate its Maritime Boundary and consequently, the extent of its Maritime entitlements under International Law. While an ambulatory baseline approach requires the limits of the Maritime Jurisdiction of States to correspondingly shift with a...
06 Feb The ‘Negotiating Text’ of the new WHO Treaty on Pandemic Preparedness and Response: An Initial Analysis and Underexamined Points of Concern
amending the 2005 International Health Regulations (IHR), this post offers an initial analysis of some of the proposed provisions of the Negotiating Text. We discuss a select number of draft provisions showing that the treaty follows a biomedical and securitised approach to pandemic preparedness and response, further entrenching the responses that the WHO, its member states and the WHO’s public-private partnerships (PPPs) have adopted in their response to the Covid-19 Public Health Emergency of International Concern (PHEIC) in international health law. We also show how these proposals will build on...09 Apr LJIL Symposium: A Reply to the Comments by Andreas Føllesdal and Ruti Teitel
[Armin von Bogdandy is Director at the Max Planck Institute for Comparative Public Law and International Law and Ingo Venzke is a Senior Research Fellow and Lecturer at the Amsterdam Center for International Law, University of Amsterdam.] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. We are truly grateful to Andreas Føllesdal and Ruti Teitel for their perceptive comments on our article, On the Functions of International...
02 Mar Not All that Glitters Is Gold: the Human Rights Committee’s Test for the Extraterritorial Application of the ICCPR in the Context of Search and Rescue Operations
beyond functionalism, establishing jurisdiction on the basis of a very low – in fact hypothetic – level of control, including under the “impact model”. It is perhaps telling that Prof. Shany, the theorist of the functional approach to jurisdiction endorsed in General Comment No. 36, was among the dissenters. In his (and others’) view, the majority failed to distinguish situations in which States have the potential to place individuals under their effective control, from situations involving the actual placement of individuals under effective State control (Dissenting opinion of Shany, Heyns...
13 Apr The Apartheid Reports: A Paradigm Shift on Israel/Palestine (Part II)
Israel accountable, and to other countries, including the Palestinian Authority, to ensure that they do not contribute to the maintenance of this regime. Amnesty International states that the treatment of Palestinians by the international community “in the Occupied Territories within the framework of international humanitarian law [Occupation Law, SB] only, and apart from the crimes committed against Palestinians in Israel, represents a failure to deal with the conflict and ensure justice.” Although the report states that it focuses on violations of international law, statements of the kind quoted above and...
30 Oct Third Annual Symposium on Pop Culture and International Law: An Introduction
told us back in 2021, when Opinio Juris friend Rachel Jones approached us on Twitter with an idea for a Symposium on Pop Culture and International Law, that it would lead to now three highly successful annual symposia, with this year’s being one of the largest the blog has ever organized… honestly, we probably would have believed you. Since our 2.0 reform five years ago, we at Opinio Juris have always believed that international law is more than just deciding when a state acts legally or illegally. On the contrary,...
05 Feb International Economic Law Symposium: Response by the Author
[Andreas Buser is a senior research assistant at Freie Universität Berlin and lecturer of international economic law at the Institute of International Law, Intellectual Property and Technology Law at TU Dresden in summer 2021. He is affiliated with the KFG-Research Group “The Rule of International Law – Rise or Decline” and serves as a co-investigator within the Berlin-Glasgow research project on “The Law of Protracted Conflict: Bridging the Humanitarian- Development Divide” .] Academic fulfilment is at its largest when writing is not an end in itself but encourages others to...21 Jul 60 Years of Occupation – Guess Where
...as citizens. For better or for worse, the international community accordingly treats there areas as part of the sovereign territory of those states. Therefore the law of occupation -- Geneva Conventions and the anti-colonization rule in art. 49(6) -- does not apply, though similar policies of demographic engineering may violate international human rights law. Israel is in a very different situation because it has never annexed the OPT or claimed full sovereignty over them. That is in fact the LAST thing Israel wants, because to do so would only increase...09 Mar Ukraine Insta-Symposium: Certain (Para-)Military Activities in the Crimea: Legal Consequences for the Application of International Humanitarian Law
legal consequences). It seems to me there is no test for classification as such; the test is one of attribution of conduct for the purpose of establishing whether such attributed conduct presents a breach of international law or otherwise brings about consequences under international law (such as the law of occupation). Although I agree with the TC Judgment in Naletilić and Martinović that for occupation to exist, ‘a further degree of control is required’ (§214), this is missing the point and certainly cannot be taken to mean that occupation by...