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Search: Symposium on the Functional Approach to the Law of Occupation

10 Jul

(Article 2.1). This restrictive approach was the result of extensive debate surrounding whether to adopt a wide horizontal approach or extend the existing sectoral approach to whistleblowing within the EU. The horizontal approach – such as that envisioned by the European Parliament – involved covering all workers in the public and private sectors without limitation. By contrast, the European Commission, finding that there was no legal basis in the Treaties allowing the EU to regulate whistleblowing in general, opted rather to widen the existing EU sectoral approach (see White 2018...
10.07.20 | |

21 Jan

[Elvina Pothelet is a Ph.D. candidate at the University of Geneva. Her research interests focus on the international law governing the use of force, the law of armed conflict and war crime law.] Kubo Mačák’s book is a rich and thought-provoking contribution to the scholarship on IHL applicability. The writing style and structure of the book make it a smooth and enjoyable read – to the extent this is possible for a book dealing with armed conflicts. The author’s expert analysis of the law is enriched with plenty of historical...
21.01.19 | |

25 Sep

...the final stage of the phenomenon, there are several stages that link complete failure to a fully functioning State, depending on the residual capacity of a State to fulfill its obligations. I believe that any approach to address crisis situations of State failure and fragility must take into consideration these differences. I suggest that the adoption of a set of recognized, common and agreed principles could be useful in guiding actions by the international community in situations of State failure and fragility. These principles would ensure the lawfulness and consistency...
25.09.10 | |

13 Nov

the approach taken in determining the existence of an armed attack naturally has similarity with the approach taken in determining what constitutes use of force prohibited under article 2(4) of the UN Charter.  These similarities between Erin Pobjie’s proposed approach towards use of force and the traditional approach taken in our Diet answers on an armed attack make her basic approach understandable and agreeable for me.  Possible Application to Acquisition of Territory by Force Having said that, I have several observations on the contents of her book, which I hope...
13.11.24 | |

11 Aug

to an effective remedy. At the same time, investigations should be conducted by independent and impartial bodies and prosecute crimes committed by all parties in the armed conflict. It is also relevant to adopt a gendered approach because conflict-related sexual violence crimes frequently remain invisible, perpetuating impunity. Amnesty Laws The adoption of amnesty laws is probably one of the most controversial aspects of negotiating a peace settlement. Some consider amnesty laws to be an obstacle for justice, while others consider amnesty measures essential for sustainable peace. In international law, amnesty...
11.08.22 | |

16 Mar

[Hari M. Osofsky is Associate Professor and 2011 Lampert Fesler Research Fellow, University of Minnesota Law School and Associate Director of Law, Geography & Environment, Consortium on Law and Values in Health, Environment & the Life Sciences] I am grateful for the opportunity to participate in this exchange over Tai-Heng Cheng’s ambitious and thoughtful new book, When International Law Works. Opinio Juris enhances the international law dialogue by providing these opportunities for more informal, timely discourse on important topics. As the final commentator in this interchange, I have had the...
16.03.12 | |

10 Apr

in centring survivors in this process.  This blog focuses on the importance of a survivor-centred approach when implementing reparation, explores the main findings of the ICC Chamber in the Ongwen case in this regard, and discusses next steps and challenges that the ICC will face to make the implementation process truly victim centred. The Importance of Survivor-Centred Reparation The significance of reparation being survivor-centred cannot be overstated, aligning directly with a victim’s      right to prompt, adequate, and effective reparation under international law. This approach places the rights, needs,...
10.04.24 | and |

16 Jul

law itself is primarily anthropocentric. So far, it has been the anthropocentric approach that has convinced humans to adopt environmental protections, enabling progress in environmental law. Rightly or wrongly, contemporary IEL largely focuses on management of shared resources, global commons problems, negative transboundary externalities, and intergenerational equity (ie sustainable development not zero-impact). The approach has produced major efforts to curb air and water pollution and control toxic products. Some people are rightly pushing to make environmental law more ecocentric, which is valuable in many areas. But in 2021, some anthropocentric...
16.07.21 | |

25 Apr

cleansing of Kurds and demographic change through settling many thousands of non-Kurds into occupied areas have been non-stop policies of Turkey in Afrin, Serê Kaniyê, Tell Halaf, and Girê Spî, and elsewhere under Turkish occupation. Cutting down thousands of olive and forest trees has been another heinous violation of Turkish-backed factions. These are just some of the many egregious violations of rights imposed by the Turkish occupation. The Rojavan authorities and the Syrian Observatory for Human Rights have documented almost all systemic breaches of international law conventions and treaties in Rojava by...
25.04.22 | |

21 Dec

[Samantha Besson is a Professor of Public International Law and European Law, University of Fribourg and Fellow of the Wissenschaftskolleg zu Berlin] I would like to start by thanking Dov Jacobs and the Leiden Journal of International Law for organizing this on-line symposium on my extraterritoriality piece, and, of course, for agreeing to publish the article in the first place. Many thanks also to Professor Marko Milanovic and Professor Cedric Ryngaert for their generous comments and not least for taking the time to deliver them at this busy time of...
21.12.12 | |

11 Mar

of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of specific topics that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, war powers, and extraterritoriality. As he explains, international law plays an important and sometimes under-appreciated role in the U.S. legal system, but its domestic application is mediated by a variety of structural considerations, including federalism and the separation of...
11.03.13 | |

18 Jun

Guy Thank you for illuminating comments on some of the substance. However, there is a point I do not understand..."review a Trial Chamber decision on the basis of the law" would seem to require Judges to follow the law as applied before, especially when they act as a last resort appellate chamber - but the Majority departed from all precedent and made up its own standard of review. How can this be considered following the law? Maybe it is my common law bias, but what will future accused (and counsel...
18.06.18 | |