Search: Symposium on the Functional Approach to the Law of Occupation
25 Jan A Response to David Sloss by Carlos Vázquez
[Carlos Vázquez, Professor of Law, Georgetown Law Center responds to David Sloss, Executing Foster v. Neilson:The Two-Step Approach to Analyzing Self-Executing Treaties. This post is part of the Third Harvard International Law Journal/Opinio Juris Symposium.] David Sloss’s article, Executing Foster v. Neilson, is an important contribution to the literature on the judicial enforcement of treaties. I agree with much of it, as I agree with much of Professor Sloss’ other writing on treaties. In particular, I agree that the two-step approach to treaty enforcement that he proposes is generally the...
19 Dec Digital Accountability Symposium: Intersectionality and International Criminal Investigations in a Digital Age
to investigations will help avoid many of the possible pitfalls that may accompany the use of technology in international criminal investigations. An intersectional investigative approach is one that integrates analysis of how location, gender and wealth, for example, affect an ethnic, racial, national or other group’s access to technology. I argue that such an approach will facilitate a more just criminal justice approach by highlighting possible fault lines in the use of particular forms of evidence in investigative approaches. Investigative strategies should counter a lack of access to justice due...08 Mar Dr. Hugo Storey Responds to John Tobin
(see 3 above). In the rest of the world the approach taken by judges is increasingly and predominantly not whether to adopt a human rights approach but only to decide what type of human rights approach is apposite. UNHCR increasingly encourages such an approach. In refugee law there really is no respectable alternative to a human rights approach. Hence Tobin’s warning about the need for “system coherence” and Goodman’s concerns about whether international law can bear the weight have to be kept in context. There is no alternative. And given...19 Jul Guest Post: Israeli Committee Declares End to West Bank Occupation
services for them. 2. There is little difference between “authorized” and “unauthorized” outputs and settlements. If some are legal under international law – all are legal under international law. If some are illegal under international law – all are illegal under international law. 3. Israel’s presence in the West Bank is not a temporary belligerent occupation, pending an arrangement to evacuate the territory and restore it to its lawful sovereign, but rather is intended to further claims to Jewish sovereignty over the Biblical Land of Israel. In the words of...04 May Breaking the Silence — About Israel’s Assault on Gaza
...Palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, color, religion, political views or disability." UN GA resolution 181(II) contained a minority protection plan that required both states to adopt fundamental laws providing constitutional guarantees of non-discrimination and equality under the law. But Israel has always evaded that legal obligation and has postponed the adoption of any constitution wherein its embarrassing two-tiered system of municipal law and discrimination against non-Jews would have to be spelled out. See "MKs debate protection of 'equality' in...07 May Why Justice Scalia Ought to Like the European Court of Human Rights, or at Least Not Detest It So Much
him and Justice Breyer at the American University, Justice Scalia had this to say when discussing Lawrence v. Texas: In my dissent in Lawrence, which was the homosexual sodomy case, I observed that the court cited only European law; said: Why, every European country has said you cannot prohibit homosexual sodomy. Of course, they said it not by some democratic ballot but by decree of the European Court of Human Rights, who was, you know, using the same theory that we lawyers and judges and law students — we know...
05 Aug The Memorandum of Understanding between Italy and Libya: Does It Create Human Rights Obligations on the Part of Italy?
[Alessandro Pizzuti is co-founder of UpRights. He also worked as legal officer at the Special Tribunal for Lebanon as well as International Residual Mechanism for International Criminal Tribunals, International Tribunal for the former Yugoslavia and International Tribunal for Rwanda. Clare Frances Moran is a lecturer in law at Edinburgh Napier University, teaching and researching public international law, focusing on issues of responsibility in international criminal law, international human rights law and international humanitarian law. The authors would like to thank Luigi Prosperi and Paolo Busco for their help and suggestions...
28 Feb Should the ICJ Answer the General Assembly’s Request for an Advisory Opinion on the Legality of Israel’s Occupation?
[ Giulia Pinzauti is Assistant Professor of Public International Law at Leiden Law School’s Grotius Centre for International Legal Studies.] Advisory proceedings at the ICJ are witnessing a revival. Recent practice suggests that States increasingly use this route to bring before the Court contentious matters in the absence of consent to adjudication by interested States. This happened in three out of the four Advisory Opinions that the Court issued in the past 20 years (Wall, Kosovo and Chagos). The latest example is the adoption of UNGA resolution 77/247 on 30...
23 Oct Encoding Empire: How Legal Rhetoric Justifies Occupation and Masks Resistance
thus become tools to sanitize violence and delegitimize resistance struggles. Drawing on insights from Third World Approaches to International Law (TWAIL), these examples show how international law’s foundations reproduce imperial hierarchies under an aesthetic of restraint. At its core, this post highlights not just how the law fails to stop occupation – but how it provides the vocabulary to sustain it on the global stage. Self-defense Under International Law Article 51 of the UN Charter affirms that states may use force in response to an armed attack or threat thereof,...10 Oct LJIL Symposium Vol 25-3: Good Deeds of International Defendants: A Response
[Jean Galbraith is Assistant Professor at Rutgers-Camden School of Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. I want to thank Opinio Juris and the Leiden Journal of International Law for putting together this symposium. I am especially grateful to Professor Dov Jacobs for organizing this session and to Professors Mark Drumbl and Meg deGuzman for their thoughtful comments about my article. Some years back, I noticed how frequently international...