Search: Symposium on the Functional Approach to the Law of Occupation
11 Jun The National Inquiry into Missing and Murdered Indigenous Women Final Report and Genocide
exception to this approach is mentioned in the SRG, page 3, where it quotes the Krsti ć Trial Chamber decision of the ICTY (see here) by saying: […] although the [Genocide] Convention was adopted during the same period that the term “genocide” itself was coined, the Convention has been viewed as codifying a norm of international law long recognised and which case-law would soon elevate to the level of a peremptory norm of general international law (jus cogens). The italicized wording in this quotation is correct but it also important...05 May Jus Post Bellum Symposium: What’s in a Name? The Great Definitional Debate over Jus Post Bellum
...the justice of post-war settlements and reconstruction, and I focus exclusively on non-consensual interventions. Others in the volume, in contrast, argue for interpretive and functional definitions, which are classified as newer approaches to the field. While these approaches certainly merit exploration, I continue to defend, and see greater value in a narrow but deep definition of jus post bellum. One reason is that to the extent that jus post bellum can and will serve a regulatory function, perhaps one day even evolving into a new Geneva Convention, there needs to...23 Sep Book Symposium: Cyber War – A Duty to Hack and the Boundaries of Analogical Reasoning
subject to physical, territorial boundaries, most notable in on-going debates about which governance models best serve cyberspace (the traditional sovereign territorial model, a multistakeholder model where cyberspace is a res communis, or some sort of hybrid approach). But, I notice similar sorts of conceptual boundary disputes in questions over what rules of international law apply in cyberspace, with much of the existing analyses resting on analogies to pre-existing regulatory regimes. I find this “law-by-analogy” approach problematic, particularly when it comes to IHL and rules on the use of force. My...04 Feb AJIL Symposium: Can the ECOWAS Court Revive Regionalism Through Human Rights?
lawmaking rather than an out-of-court approach to ‘progressive’ lawmaking? The ball seems to be in Court’s yard as litigants have offered several opportunities for water testing. For instance, the 2001 Good Governance Protocol is the good example of an instrument that is not a human rights convention of ECOWAS but rather ‘Community law’, which however contains a wide range of provisions that look more like (human) rights than (states) obligations. Even after it was granted an express human rights jurisdiction, the ECCJ rejected all attempts to claim individual rights from...
12 May Invoicing Russia for Ukraine’s Recovery: The Complexities of Repurposing Frozen Russian Assets
[Dr. Paul R. Wil liams is the Founder of the Public International Law & Policy Group (PILPG), the Rebecca I. Grazier Professor in Law and International Relations at American University, and a world-renowned peace negotiation lawyer who has assisted over two dozen parties in major international peace negotiations.] [Alexandra Koch is Co-Chair of the Policy Planning Initiative at the Public International Law & Policy Group (PILPG) and previously worked at the International Criminal Court in The Hague. She graduated Stanford University Phi Beta Kappa with a B.A. in International Relations...02 Jun Guest Post: Silences in the Bond Case
the novel constitutional approach proposed by Nicholas Rosenkranz, which reads the Necessary and Proper Clause as authorizing only legislation related to creation of treaties and not to their implementation. This approach relies on a strained textual reading of the Necessary and Proper Clause in connection with the Treaty Clause which, as best I can tell, had never been made before Professor Rosenkranz came up with it. In adopting this approach, Justice Scalia completely ignores key aspects of constitutional history. As Carlos Vazquez and Ed Swaine have pointed out, the Framers...
14 Jan What Domestic Lawyers Can Learn from International Law About Remedies
[Kent Roach, CM, FRSC is Professor of Law at the University of Toronto and the author of 15 books including Remedies for Human Rights Violations: A Two-Track Approach to Supra-National and National Law (Cambridge: Cambridge University Press, 2021).] I am grateful to Kristen Boon for her thoughtful engagement with my new book and the remedial dilemmas that she poses and examines. This confirms my sense as someone who has studied and litigated remedies for human rights violations in domestic law that domestic lawyers have much to learn from international lawyers...
17 Apr Symposium on Confronting Colonial Objects: Beyond Return, Towards Repair – Litigating Restitution of Entangled Objects along the Spectrum of Legalities and (Post)colonial Justice
[Sarah Imani, LL.M. (NYU), is a German qualified lawyer and legal advisor at the European Center for Constitutional and Human Rights (ECCH) in Berlin. She is responsible for its work on German and European colonial crimes, reparations and restitution as well as critical and decolonial perspectives on the law.] Addressing colonial injustices has not been conceived as a matter of the law for a long time, let alone as a matter of human rights. Rather two, actually complementary phenomena defined the field of reparations, restitution and reparative justice in the...
18 Apr Options for a Peace Settlement for Ukraine: Option Paper XIX – Minority and Language Rights
language quota; education (2017), imposing Ukrainian as the medium of instruction in state schools from the 5th grade onwards; and public institutions more generally (2017), by imposing ‘Ukrainian only’. Relatedly, Russian lost its status as ‘regional language’ in several regions and cities. When the Constitutional Court declared on 28 February 2018 the 2012 Language Law unconstitutional (1-1/2018), this opened the way for a new Language Law. The 2019 Language Law aims to ensure the functioning of Ukrainian as state language. The first step concerned language use by public authorities, and...