Search: Symposium on the Functional Approach to the Law of Occupation
01 Aug Opinio Juris Symposium: Introducing “The Constitution’s Text in Foreign Affairs”
can “define and punish” offenses against the law of nations. Read literally, that seems not to give the law of nations any place other than as Congress enacts. But founding-era Americans had a robust idea of the law of nations, so an abstract intent-oriented approach might instead think their Constitution embraced international law quite broadly. The historical text-based approach yields an intermediate position. The law of nations’ central place in founding-era thought suggests that it came within some of the Constitution’s general phrases. For example, Article III’s “judicial power” likely...
11 Sep BHR Symposium: The 2020 Draft UN Business and Human Rights Treaty–Steady Progress Towards Historic Failure
call for an alternative approach, namely a framework convention based on the UN Guiding Principles on Business and Human Rights, as more desirable, feasible, effective and relevant to the challenges described above than the OEIGWG’s current approach and text. Category error It is true, as other contributors to this symposium suggest (e.g. Lopez, Nolan; see also Cassel) that the 2020 draft incorporates clarifications and refinements on the version of 2019. Yet, as Lopez highlights, the animating vision and overall scheme remain unchanged: differences between the two drafts are more in...
30 May Futureproofing Human Rights Symposium: Innovative Accountability Mechanisms for Addressing Human Rights Violations Abroad – A Case Study of the UK
to the dual criminality test, meaning the conduct had to be unlawful both in the country where it occurred and under UK law (POCA, Part 5, Ch. 1, section 241(2)). Human rights violations such as murder, torture, and forced labor would typically fall within this scope. With effect from 27 April 2017, however, the Criminal Finances Act 2017 amended POCA to broaden the definition of ‘unlawful conduct’ to include overseas conduct constituting or connected to gross human rights abuses or violations, even if lawful in the jurisdiction where it occurred...26 Jun YJIL Symposium: Human Rights and Climate Change Adaptation at the international Level
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. [Bonnie Docherty is a lecturer on law and senior clinical instructor in the Harvard Law School International Human Rights Clinic. Tyler Giannini is a clinical professor and clinical director of the Harvard Law School Human Rights Program.] In their thought-provoking article “Avoiding Apartheid: Climate Change Adaptation and Human Rights Law,” Margaux Hall and David Weiss argue that human rights law has...12 Apr VJIL Symposium: Gregory Shaffer and Joel Trachtman Comment on Sungjoon Cho’s “Beyond Rationality”
[Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. Joel P. Trachtman is the Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. We are grateful to Professor Cho for writing this Article (Beyond Rationality: A Sociological Construction of the World Trade Organization) as a...
20 Sep Organizing Rebellion Symposium: Context or Abstract? A Victim-Centric Approach to Understanding Key Elements of Crimes Against Humanity
The latest contribution in our Organizing Rebellion symposium together with Armed Groups and International Law is up now at AGIL, entitled “Context or Abstract? A Victim-Centric Approach to Understanding Key Elements of Crimes Against Humanity” by Adejoké Babington-Ashaye. Have a look here!...05 Apr NYU JILP Symposium: The Rhetoric of Remedies
[Kevin Jon Heller is currently Associate Professor & Reader at Melbourne Law School.] 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. I appreciate the opportunity to respond to Jenia’s excellent article. I always learn from her scholarship, and this article is no exception. That said, I find myself in an unusual quandary. When asked to critique an article, I normally take issue with its substance. There is...
17 Dec Digital Accountability Symposium: Mass Atrocities in the Age of Facebook–Towards a Human Rights-Based Approach to Platform Responsibility (Part Two)
[Barrie Sander is a Postdoctoral Fellow at Fundação Getúlio Vargas, Brazil. This is the second part of a two-part post. Part one can be found here.] Rising concerns and frustrations about the role of Facebook in exacerbating tensions within conflict-affected and atrocity-afflicted communities have coincided with growing pressure for the platform to adhere to a human rights-based approach to content moderation. The potential significance of this approach in such contexts may be illustrated by considering some of the possible reasons why Facebook was – by its own admission – “too...