Search: Symposium on the Functional Approach to the Law of Occupation
13 Jan Nations Should Boldly Redefine Development Approach
...Development Bank for Resilient Prosperity (DBRP), a recently established financial institution dedicated to Small Island Developing States, which understands the Earth as a dynamic, interconnected system. A systems approach provides a practical and philosophical foundation for integrating human rights into global development. This framework views global development as a dynamic structure in which interconnected economic, social, and ecological systems need to remain in balance to ensure stability. The system ensures that no single aspect of development is pursued at the expense of others. For example, a systems approach advocates policies...25 May A Breath of Fresh Air as the Supreme Court of Malawi Breaks Rank with Its Own Precedent and Peers in Southern Africa: Part 1
its fellow courts in the region on this question. The Court criticised the quantitative approach by holding at page 84 that: “The Zimbabwe case of Chamisa v Mnangagwa seems to suggest that as a general rule, an election will not be annulled if a breach of the law did not affect the election result. We have doubts that this would be a good approach, particularly where serious breach of the law is involved. What if the numbers themselves are as a result of inaccurate counting, intimidation, fraud or corruption? Surely,...
11 Dec Operationalisation of ‘Duties’ of States and Non-State Actors in the Draft Convention on the Realisation of the Right to Development
rights (famous exchange of views among Jack Donnelly and Philip Alston). Thus, Article 3(c) the draft Convention has envisaged the human rights-based approach to development as the chief principle to realise the right to development including obligation to conduct human rights impact assessment (HRIAs). The inclusion of Article 3(c), therefore, endorses the decision of the OEWG held in 2005 which recommended that laws, policies and practices related to development must incorporate a human rights-based approach. However, in context of operationalisation through “development compact”, some delegates from the Southern group have...17 Jan Asia, International Law and International Institutions: A Comment
[B.S. Chimni is Professor of International Law at Jawaharlal Nehru University, New Delhi.This post is part of a joint Opinio Juris/EJIL:Talk! symposium. For the latest symposium post on EJIL:Talk!, click here.] In the current issue of European Journal of International Law Professor Simon Chesterman has written an important essay on the Asian approach to international law and international institutions, addressing in particular the subject of its under-representation and under-participation. He has also explored therein the possible convergence of the Asian view of international law and institutions with that of other...
07 Jan Judging Time Under the Silence of a Compromissory Clause: A Reflection on Retroactivity of (Human Rights) Treaties and Jurisdiction Ratione Temporis in Azerbaijan v. Armenia
method departs from its previously permissive approach, it is more methodologically grounded in the foundational principles of international law than the permissive approach previously applied across IC/Ts. However, this new approach, though innovative, is very restrictive, with a possibility of excluding some pre-1996 situations necessary for establishing the responsibility of Armenia (Dissenting Opinion of Judge Tladi). The European Court of Human Rights and the UN Committee on Human Rights have been more liberal than the ICJ on this issue. The approach of the Court is that its jurisdiction (or absence...
11 Jun The Involvement of Supporting States in International Armed Conflicts, A Practical Approach
...thus difficult to transpose in this context. In this post, I suggest delving into a more pragmatic path rooted in the IHL normative consequences that flow from becoming a party to an existing IAC. But before exploring this avenue, let me briefly review the main pitfalls of the above theoretical approaches. Theoretical Approaches The law of neutrality – which confers rights, for instance of inviolability, and imposes obligations, mainly of impartiality and abstention, on neutral States (see 1907 Hague Conventions V and XIII and customary international law) – has often...08 Dec The Real Problem with Hamdan v. Rumsfeld
true that the doctrine and teaching of international law in the US always differed from Europe in that it was much more focused on international law in domestic US courts than on international law as a product of the global community of states. Yet, I don't think this approach to international law from the standpoint of US internal law has ever produced this type of hostility towards basic international norms that one can find in the US during the past decade or so. I do find it remarkable, however, that...11 May Symposium on Israeli Settlements
AJIL Unbound has just posted the contributions to a symposium entitled “Revisiting Israel’s Settlements.” The contributors are all superb: Eyal Benvenisti, Pnina Sharvit Baruch, David Kretzmer, Adam Roberts, Omar M. Dajani, and Yaël Ronen. The true highlight, though, is the essay that accompanies the symposium and will be published in the next issue of the American Journal of International Law: Theodor Meron’s “The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War,” which can be downloaded for free. Meron’s essay revisits the...25 Nov Reply to Professor Bartow
as [sic] it does not discuss international law at all. There are many salient aspects of international law the author could have engaged with, particularly related to sex trafficking . . . . But since part of his goal was to dismiss harms associated with pornography production, he ignored them.” The article was published in the Yale Journal of International Law, which, notwithstanding its title, is a forum devoted to comparative as well as international law. It examines the doctrine of obscenity, which criminalizes expression even in the absence of...
30 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Chains of Oppression: The Interconnected Struggles for Justice in Palestine, Kashmir and Sudan
[Mariam Hiba Malik is an international lawyer and LL.M. in International Law Candidate at the Geneva Graduate Institute of International and Development Studies, specialising in the Protection of the Individual in International law] The recent ICJ Advisory Opinion on the illegality of Israel’s occupation in Palestine underscores the international community’s recognition of systemic injustices and the urgency for enforcing existing legal frameworks to address such violations. Palestinians’ resistance against occupation and their struggle for self-determination have important parallels to the battles against systemic oppression and colonial remnants in Kashmir and...