Search: Symposium on the Functional Approach to the Law of Occupation
05 Jan An Initial Response: Framing Biases and the Role of International Law in Dispute Management
dispute might be managed while respecting both sides’ interests and normative frameworks; and the question of how hard and soft law interact in this case and in others. We will deal with the first two here and the other one on hard-soft law in a separate post. Where Do Our Sympathies Lie? Our primary aim in When Cooperation Fails is analytic – to understand the roots of the dispute, the various failures to resolve it through bilateral and multilateral cooperation, the international law that has arisen from it, and the...
24 Apr The Relevance of Habitability (and its Loss) for the Status of ‘Islands’
[ Ms Frances Anggadi (Twitter: @francesanggadi ) is a PhD candidate at the University of Sydney Law School, co-chair of the Oceans and International Environmental Law Interest Group of the Australian and New Zealand Society of International Law, and researcher at the University of Sydney Marine Studies Institute. Frances’ research interests include maritime zones and sea-level rise and the importance of State practice in international law methods .] Having the status of an ‘island’ is essential for a feature to support the full set of maritime zones under the international...
25 May The Right to a Healthy Environment in La Oroya v. Peru: A Landmark Judgement of the IACtHR
...the right to water free of pollution, the State also must take actions to ensure that the administration of water resources is done in a sustainable manner (para. 121). The State must design measures in accordance with both the best scientific knowledge available and the criteria of availability, accessibility, sustainability, quality, adaptability, and international cooperation. Most notably, the Court analysed these substantive aspects of the RHE by adopting an explicit ecocentric approach. This approach refers to “the encompassing idea that disrupts the human/nature divide and considers the relationship between organisms...
19 Jul The Perennial Question of the Scope of ‘Attack’ in Conduct of Hostilities War Crimes: The Al Hassan Trial Chamber’s Failure to Answer
any legal characterization of the acts themselves. The Trial Chamber’s failure to legally classify acts of violence against cultural property is not only inconsistent with both its own and other Trial Chamber’s approach to factual and legal determinations but also deprives victims of the expressive justice of a judicial determination that international crimes have occurred—independent of the personal responsibility of a given accused. Through a flawed judicial approach, the Al Hassan case regrettably leaves the core doctrinal question of the scope of ‘attacks’ under the Rome Statute and international humanitarian...10 Jun Response by Professor Weisburd
. decided according to the laws of Costa Rica.” Taft was therefore not somehow crafting his own approach to resolving this matter. Rather, he was applying the internal law of Costa Rica in a case where the agreement giving rise to the claim expressly made that law applicable. To be sure, Taft did not explicitly state that Costa Rican law governed because of the language of the concession agreement; rather, he stated that “[the concession’s] validity is, as I have already said, to be determined by the law in existence...
18 Apr Symposium on Confronting Colonial Objects: Charting a Cultural Relational Justice – Unraveling the Complexity of Human Remains Restitution in the Democratic Republic of Congo
...non-international armed conflicts. Alongside these international legal instruments, customary law firmly enshrines the principle of protecting cultural property during armed conflict, expressly prohibiting its targeting. An important example of this development is the 1995 Duško Tadić case by the International Criminal Tribunal for the former Yugoslavia which affirmed the customary rule of international law prohibiting acts of theft and vandalism during non-international armed conflicts. The United Nations Declaration on the Rights of Indigenous Peoples, in Articles 11 and 12, enshrines not only the right to repatriation of human remains through...
17 Sep Navigating the Human Rights Trajectory of the EU Migration and Asylum Pact in Search and Rescue Operations (Part Two)
[Patricia Vella de Fremeaux is Professor and Head of the International Law Department of the Faculty of Laws, University of Malta. Dr Felicity G. Attard is a lecturer in the Department of International Law at the University of Malta.] In Part One, an overview of the Pact was examined in order to set the context for the following discussion on maritime search and rescue aspects contained in the instrument as well as an analysis of the human rights considerations. While the duties of SAR remain firmly within the Member State’s...31 May VJIL Symposium: Andrea Bjorklund and Daniel Litwin Comment on “Investment Treaties and Investor Corruption”
[Andrea K. Bjorklund is currently the Visiting Professor (Guest of the L. Yves Fortier Chair in International Commercial Arbitration), McGill University Faculty of Law; she is also a Professor of Law at the University of California, Davis. Daniel Litwin is a B.C.L./LL.B. Candidate, McGill University Faculty of Law.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Thank you very much to the Virginia Journal of International Law and...