Search: Symposium on the Functional Approach to the Law of Occupation
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...
25 Nov Misreading Human Rights Due Diligence: A Response to Tara Van Ho
...international humanitarian law (IHL), there is no explicit bar to business operations in armed conflict, nor in occupied territory. While the ICRC takes the position that, “although States and organized armed groups bear the greatest responsibility for implementing international humanitarian law, a business enterprise carrying out activities that are closely linked to an armed conflict must also respect applicable rules of international humanitarian law”, it also acknowledges that “determining which activities are closely linked to an armed conflict” and “the line between these various situations is at times difficult to...03 Jun Beyond the Globalism/Nationalism Divide: The Rise of Cities and Corporations Seeking International Obligations
...like corporations. We did not consider whether a similar approach could apply to sub-state actors, like cities and states within a federal system. This approach may well be prohibited by the domestic laws of particular states that prevent sub-state entities from engaging in foreign relations. But perhaps, as a matter of international public policy, this approach should be permitted when non-state and sub-state actors seek to take on obligations in excess of those accepted by their state. This would surely be controversial, however, as states jealously guard their law-making powers...
24 Apr Vedanta v. Lungowe Symposium: A Non Conveniens Revival–The Supreme Court’s Approach to Jurisdiction in Vedanta
...claimants would not obtain substantial justice in the alternative foreign jurisdiction, even if it would otherwise have been the proper place or the convenient or natural forum” at [20]. Readers may be forgiven for thinking that this last criterion sounds suspiciously familiar to the test used in the context of an application for a stay of English proceedings on the basis of forum non conveniens that was applicable under English law prior to Owusu v Jackson. Those suspicions are well founded, as the Supreme Court explicitly acknowledged that this was...07 Jul War or Crime? Some Thoughts on the 7/7 Attacks in London
there some third way that could balance these concerns? My own take (for what it is worth) is that we need some sort of third way, but if I had to pick between the “war” approach vs. the “law enforcement” approach, I would have to go with the “war” approach as the lesser of two evils. It seems to me, though, that it is the responsibility of lawyers and policy makers to come up with some third way rather than simply take potshots at each other from their ideological bunkers....
06 Apr James Crawford as a Research Mentor: A Personal Tribute
he engaged with- and surely the lesson here is that one cannot hope to appreciate the specific without a complete, authoritative understanding of the general. This breadth of subject-matter was then taken to another level by the remarkably rich and diverse range of approaches enabled through the work of his students. This was only possible because of James’ open approach to supervision, allied to an open-minded, ecumenical approach to the field and its possibilities. James may not have adopted all these approaches in his own work. Indeed, some of them...
15 Jan An Intersectional Approach to Colombian Transitional Justice and COVID-19
[ Hayle y Evans (@HayleyNEvans) is a 2019 J.D. graduate of Harvard Law School and an incoming Research Fellow at the Max Planck Foundation for International Peace and the Rule of Law. Priscyll Anctil Avoine (@Cyppp_) is a PhD candidate in Political Science and Feminist Studies at Université du Québec à Montréal (Canada) and the director of Fundación Lüvo, a feminist and antiracist collective.] In Colombia, the COVID-19 crisis has seriously complicated an already tense humanitarian setting. As of December 12th, Colombia has had more than 1.4 million confirmed cases and 38,669 deaths from...