Search: Symposium on the Functional Approach to the Law of Occupation
01 Nov Symposium on the ECCC: Extraordinary Experiments in Reparation
ECCC’s mandate. Beyond one-off consultations, continuous communication and involvement is key to enabling reparative effects among civil parties. On the whole, the ECCC’s more pragmatic approach to reparations provides a notable counterpoint to the more legalistic approach pursued at the ICC, and it will undoubtedly contribute to further debate on the merits and problems with reparations in international criminal justice. Although it may be too soon to say whether – and for whom – these measures had a reparative effect, there is still much to learn from this novel attempt....27 Sep HILJ Symposium: Ozan Varol Responds
[Ozan Varol is Assistant Professor of Law at Lewis & Clark Law School.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. I would like to thank David Landau, William Partlett, Brad Roth, and Joel Colón-Ríos for their kind words and insightful comments about my article, The Democratic Coup d’Etat, 53 Harv. Int’l L.J. 291 (2012). These scholars have been instrumental in enhancing our knowledge of constitutional transitions, and I very much appreciate...
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...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...
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...
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...04 Jan Guest Post: Merry-Go-Round Justice–The Retrial of Stanišić and Simatović
approach “particularly troubling, in light of its own obligation to provide a reasoned judgment in writing.” That irony was also not lost on Judge Afanđe, who, whilst discussing the flaws in the Majority’s approach, mused on the Majority criticising the Trial Chamber for failing to provide adequate reasoning for its decisions while doing precisely the same thing: a classic case of kettle calling the pot. Considering the other aspect of the substantive merits, the decision to reverse the acquittals rested on the Trial Chamber’s analysis of Stanišić’s mens rea that...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,...
08 Aug Digital Evidence Before the ICC: Lessons from the Yekatom/Ngaïssona Judgment
approach outlined by the Chamber is consistent with previous (digital) evidence case law; in others, it provides much needed guidance on questions left open by previous cases. Confirmation of Existing Approaches Regarding consistency with previous case law, there are two points that jump out. First, the importance of author testimony. The Chamber notes, in relation to Facebook exchanges, that such material will have little probative value if not accompanied by ‘a statement or testimony from an individual who participated in a Facebook exchange or authored a post, or otherwise has...