Search: Symposium on the Functional Approach to the Law of Occupation
30 Mar Symposium on COVID-19 and International Law: Introduction
of analysis around a given topic area, we are delighted that the symposium is as broad as it is deep. Many of the authors in this symposium question whether international law, or its failure, is complicit in the COVID-19 crisis. Others ask how international law can or should respond to the pandemic. We hope the contributions will help catalyse the conversation beyond the parameters of this symposium. Moreover, we hope that these pieces will form part of a broader constructive response to COVID-19, to alleviate its impact, to prevent similar...
05 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: Inter-jurisdictional Rules in the Rome Statute
20(2) is limited for essentially two reasons. Firstly, the content of the international human rights guarantee of ne bis in idem varies among the different international human rights instruments.” “Secondly, the application of the ne bis in idem guarantee in international human rights law is limited to a single jurisdiction.” (p. 108) Gaiane concludes: “A ne bis in idem rule that bars repeat trial for the same offence rather than the same conduct is not incompatible with international human rights law.” (p. 109) Admittedly, the inter-jurisdictional phase of criminal justice...
23 Dec Symposium on Classism and the International Legal Profession: Three Tactics against Classism in the Epistemic Community of International Law
fundamental parameters of the class question in the epistemic community of international law. Then, I will try to articulate certain proposals that could mitigate the consequences of extreme classism, even without a proper revolution that would do away with bourgeois international law and its ‘colleges’ once and for all. Positionality The authors that contributed to the present symposium have shown, in one way or another, that positionality is of paramount importance when considering how classism affects the everyday lives of international lawyers. On a more profound level, a class-oriented approach...29 Mar Symposium: Kanwar Reply to Murphy
either misleading or misconceived. I must also thank the organizers of the Opinio Juris Symposium— particularly Professors Peggy McGuiness and Chris Borgen— for the opportunity to receive these comments in this energetic and increasingly influential forum. I appreciate both his notes on the finer points of law and the broader brush of policy (his closing suggestion that “wrestle more deeply with problems attendant to this approach”). To better reply to Prof. Murphy’s comments, however, I must begin by (1) explaining the genesis of this project, before proceeding to (2) potential...
01 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Human Rights Relationships Across Borders in the Triple Planetary Crisis
would avoid framing these scenarios as raising extraterritoriality concerns, and instead adopt terminology that draws attention to the relationships at issue, such as ‘transnational’ regulation. After all, transnational or multinational corporate enterprises are not typically described as extraterritorial corporations. As explored by Caroline Omari Lichuma in this symposium, the relational approach extends well to human rights and environmental due diligence legislative initiatives. Moreover, it could inform the reach of corporate due diligence understood as a direct obligation under international law, as advocated in this symposium by Gamze Erdem Türkelli. Questions...28 Jun YJIL Symposium: The Seal Products Dispute and the Boundaries of Trade Law
[Simon Lester is the President of WorldTradeLaw.net and a trade policy analyst at the Cato Institute.] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. Over the past two decades, there has been an effort by many trade law academics and others to define the boundaries of international trade rules in a way that disciplines trade restrictions, while allowing sufficient policy space for governments to regulate in legitimate ways. Rob...
19 May Evolutive Interpretation of Proportionality and Precautions to Strengthen Protections under International Humanitarian Law
support, undermine legitimacy, fuel resentment and strengthen insurgencies. As warfare tactics evolve, so too must the frameworks governing humanitarian protections. This piece makes the case for applying a living instrument interpretive approach, rooted in the European Court of Human Rights’ Tyrer v. UK decision, to enhance international humanitarian law (IHL) principles of proportionality and precaution in attack, using the protection of water infrastructure as an example. An adaptive interpretation of these principles in good faith, with due regard for evolving circumstances, is essential to effectively applying IHL in addressing contemporary...29 Jun Cross Border Aspects of the US Treasury Department’s White Paper on Financial Regulation Reform
...have is whether the ‘networks’ approach for elaborating and persuading countries to adopt roughly common, or at least “homologous,” regulatory standards will be enough to avoid regulatory arbitrage by financial institution and financial market players among global economies. My own view is that the white paper takes the right approach to the transborder question by adopting the networks approach. The fundamental differences of economic conditions for leading players – China, the United States, Europe and its various key economies, Japan, etc. – mean that they will not share common ground...
31 Mar Justice in Extreme Cases Symposium: When the Pendulum Swings the Wrong Way–A Coherentist Approach to Preventing Miscarriages of Justice
[Adejoké Babington-Ashaye is an international law specialist with a specialization in international criminal law, human rights, and public international law. She is the Co-Editor and Co-Author of International Criminal Investigations: Law and Practice (2018). ] In 2018, by a narrow majority, the Appeals Chamber of the International Criminal Court (ICC) overturned Jean-Pierre Bemba’s conviction for crimes committed between October 2002 and March 2003 by Bemba’s Mouvement de Libération du Congo (MLC) troops in Central African Republic (CAR). The effect of the Appeals Chamber’s decision was essentially that these crimes, which...
07 Oct Rethinking International Law After Gaza Symposium: Palestine at the ICJ – International Law v The “Rules Based Order”
authority arises from its acceptance that Israel keep lands in the West Bank that it acquired in violation of the UN Charter’s rule against territorial acquisition by war? Does the U.S. prefer that Palestinians be forced to negotiate while the occupation continues, in other words, at the point of an Israeli gun? *** On July 19, 2024 the ICJ issued its advisory opinion on the legal status of Israel’s occupation. Among the major findings of the court: Israel’s 57+ year occupation of Palestinian territory, including East Jerusalem, the West Bank,...