Search: Symposium on the Functional Approach to the Law of Occupation
06 Apr The Advantage for Palestine of a Slow Preliminary Examination
...Concessions Cases. The Court eventually decided that the "state" to which those concessions had been subrogated was "Palestine", not Great Britain. Hersh Lauterpacht, Norman Bentwich, and Marjorie M. Whiteman each wrote journal articles, digests of international law, and international law reports which explained over and over again that the courts and international arbiters had long-since determined that the Mandated States, including Palestine, were persons of international law. Re: You may think and believe of course, that the Palestinians have the right to self determination, but this is rather a subjective...17 Jun Closing Remarks on Boumediene Insta-Symposium
Roger Alford For those who are suggesting that we improve the format or offer greater diversity of voices, can you be specific about your recommendations or constructive criticisms? Thanks. Roger Alford Michael A. Innes I stumbled upon Opinio Juris somewhat serendipitously, just before it initiated its Insta-Symposium on the Boumediene case. I thought the approach was simply excellent. As a social scientist sensitized to but not trained in problems of international law, I find that OJ fills a critical void, translating the significance of current issues for the rest of...18 Oct Yale Journal of International Law, Vol. 34, No. 2: Online Symposium
The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in our fourth online symposium (previous symposia can be found here). This Monday, Tuesday, and Wednesday we will feature three Articles published by YJIL in Vol. 34, No. 2, which are available for download here. Our sincere thanks to Julian Ku and the rest of the Opinio Juris team for hosting this exciting discussion. On Monday, Evan J. Criddle (Syracuse University College of Law) and Evan Fox-Decent (McGill University Faculty of Law) will discuss...24 Nov Claim Against Rumsfeld Dismissed… Because of Immunity?
...backlash against its attempts to prosecute Ariel Sharon — led, ironically enough, by Rumsfeld himself — ultimately led the Belgian Parliament to repeal its landmark universal jurisdiction law. That said, there is no question that Rumsfeld is not entitled to immunity from prosecution for acts of torture. However unsettled the law of immunity might be, it is at least clear that functional immunity — immunity ratione materiae — does not preclude a government official from being prosecuted for serious international crimes. The House of Lords specifically held in Pinochet #3...09 May When is an Arbitral Panel an International Tribunal?
these courts either assume that such arbitral panels are “international tribunals,” or focus on the fact that the arbitral tribunal has its origins in a bilateral investment treaty. Although the absence of judicial review in the investment context is even more pronounced than in private commercial arbitration, this factor has not featured in any of the decisions applying Section 1782 to investment arbitration. In short, federal courts take a functional approach in defining an “international tribunal” in the commercial arbitration context, and a formalist approach in the investment arbitration context....
21 Mar The Dangerous Ramifications of Recognizing the End of Nagorno-Karabakh
the ICJ’s orders or to its international human rights obligations. Such non-compliance highlights a growing contempt for international law and legal institutions, weakens the authority of the ICJ, and threatens the rule of law and the peaceful resolution of disputes. Summarily accepting the end of Nagorno-Karabakh therefore risks legitimizing Azerbaijan’s flagrant violations of the ICJ’s orders to achieve that end. Conclusion The end of Nagorno-Karabakh (conflict and Republic), as it stands, presents a troubling precedent for international law and the norms governing State behavior. While international law provides valuable tools...
13 May Compensation Mechanism for Ukraine: An Option for Multilateral Action
or occupation. Russian Federation is responsible for all direct losses stemming from its illegal aggression and occupation, including losses caused by its officials’ conduct connected with the invasion and occupation. This includes Russia’s armed and police forces as well as paramilitary forces under Russia’s control – this responsibility is supplementary to Russia’s responsibility under the law of war. (d) the breakdown of civil order in Ukraine during that period. It can be anticipated that some claimants who suffered property damage in Ukraine might not know or be able to prove...15 Aug The Waters Were Already Muddy: A Rebuttal to Victor Kattan
...the Jordanian Act of Union of 1950. He asserts that it “must be emphasised that Palestine was not formed under belligerent occupation” and that a State “already existed before that occupation began, i.e. before 4 June 1967.” However, given that Jordan’s occupation arose from a breach of Article 2(4) of the UN Charter and considering the coercive nature of Jordanian control, the law of occupation is the only appropriate normative framework which can define Jordanian effective control of the West Bank territory between 1949 and 1967. A finding to the...