Search: Symposium on the Functional Approach to the Law of Occupation
04 Jun Targeted Killings Symposium: Introduction
[ Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode .] In April 2011, a group of legal scholars gathered at the University of Pennsylvania Law School for a conference on targeted killings. The idea was to bring together experts in diverse fields – international law, legal and moral philosophy, military law, and criminal law – into a single (or perhaps overlapping) conversation about the legality and morality of targeted killings. The outgrowth of that conference, Targeted Killings: Law and Morality in...
10 Jul The EU Whistleblowing Directive and #MeToo: A Missed Opportunity for the Advancement of Gender Equality in the EU (Part I)
(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...
13 Nov Symposium on Erin Pobjie’s Prohibited Force: Review by Tomohiro Mikanagi
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...
30 Jul The Justiciability of the Precautionary Principle in the Tagaeri and Taromenane et al. v. Ecuador before the Inter-American Court of Human Rights
[Juan Auz is an Ecuadorian lawyer and a postdoctoral researcher at Tilburg University’s Law School] On March 14, 2025, the Inter-American Court of Human Rights (IACtHR) made public a landmark ruling holding Ecuador internationally responsible for the violation of various rights of the Tagaeri and Taromenane, the last remaining indigenous peoples living in voluntary isolation (PIAV) in the western Ecuadorian Amazon (for an early commentary see here). This entry explores how the judgment reaffirmed the IACtHR’s expansive approach to Indigenous rights and ventured into uncharted legal territory by treating the...
16 Jul Your Guide to Ecocide – Part 2: The Hard Part
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...25 Sep A Simple Proposal: A Principled Approach To State Failure
...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...
10 Apr Symposium on Dominic Ongwen Case: Centring Survivors in ICC Reparation Processes – The Case of Dominic Ongwen
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,...16 Mar Cheng Book Roundtable: The Importance of Perspective – Reflections on Additional Frontiers
[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...
25 May Symposium on Advancing Effective and Comprehensive Reparation for Victims of the War in Ukraine: Putting Victims at the Centre of the Reparations Process for Ukraine
international law, reparations are traditionally regarded as a means of redressing harm caused by breaches of international law. However, for the victims themselves, reparations often hold much broader significance. Those who have been subjected to unlawful deprivation of liberty, torture or other forms of ill-treatment often speak of losses that cannot be fully compensated. They talk about years spent in captivity, broken families, lost businesses or careers, as well as the physical and psychological damage that can stay with a person for the rest of their life. This experience also...
11 Aug Options for a Peace Settlement for Ukraine: Option Paper XIV – Transitional Justice in a Settlement to End the Conflict between Ukraine and Russia
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...