Search: Symposium on the Functional Approach to the Law of Occupation

Law and Security, University of Glasgow; Swiss Chair of International Humanitarian Law, The Geneva Academy of International Humanitarian Law and Human Rights Rotem Giladi, Teaching Fellow in International Law, University of Edinburgh Law School Christine D. Gray, Emerita Professor of International Law, University of Cambridge Faculty of Law James A. Green, Professor of Public International Law, University of Reading Aeyal Gross, Professor of Law, Buchmann Faculty of Law, Tel Aviv University Francoise Hampson, Emerita Professor of Law, University of Essex Matthew Happold, Professor of Public International Law, Faculty of Law,...

Antkowiak, Professor of Law, Seattle University School of Law Ashley Binetti Armstrong, Acting Assistant Professor of Lawyering, NYU Sahar Aziz, Professor of Law & Chancellor’s Social Justice Scholar, Director, Center for Security, Race and Rights, Rutgers University Law School Richard B. Bilder, Foley & Lardner Emeritus Professor of Law, University of Wisconsin Law School Susan H. Bitensky, Professor of Law, Michigan State University College of Law Robert C. Blitt, Professor of Law, University of Tennessee College of Law Eric Blumenson, Research Professor of Law, Suffolk University Law School J.D. Bowers,...

[Valentina Azarov is a Lecturer in International Law and Human Rights, Al-Quds Bard College, Al-Quds University, Palestine (on leave)] This is the third post of our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. By far one of the most challenging questions for the international law of belligerent occupation pertains to the termination of occupation. The law states that “occupation comes to an end when an occupant withdraws from a territory, or is...

[Aeyal Gross is a Professor at Tel-Aviv University, Faculty of Law.] This is the first post of our Symposium on the Functional Approach to the Law of Occupation. Questions regarding the existence of an occupation, and especially its end, came to the fore in 2004-2005 with Israeli pronouncements about the end of its occupation of Gaza, and UN, US, and UK statements about the end of the occupation in Iraq. In the years that followed, I found myself at various events where the question of whether Iraq or Gaza were...

...Chair in Law, University of Texas School of Law Kate Jones, Faculty of Law, University of Oxford Kadri Kaska, Head of Law Branch, NATO Cooperative Cyber Defence Centre of Excellence David Kaye, Professor of Law, UC Irvine School of Law, UN Special Rapporteur (2014-2020) Shayan Ahmed Khan, Senior Research Associate, Research Society of International Law Ido Kilovaty, Assistant Professor of Law, University of Tulsa College of Law Jan Klabbers, Professor of International Law, University of Helsinki Pierre Klein, Professor, Centre of International Law, Université libre de Bruxelles, Belgium Harold Hongju...

I am delighted to announce that over the next few days Opinio Juris will be hosting a symposium on what is increasingly called, following Tel Aviv University’s Aeyal Gross, the “functional approach” to the law of occupation. Here is the description that was sent to the contributors: Occupation law has undergone significant evolution in modern times, and cases such as Iraq and Gaza have raised interesting questions about when an occupation ends and what the duties of an occupying power may be during the transition to restoration of lawful sovereignty....

the law of nations, by its nature, governed relationships between or among states. Though "adopted" in municipal law, it was incumbent upon states to make the law of nations applicable to individuals. When they did so, they created municipal law - a uniquely municipal implementation of the law of nations. Sometimes this was done in English common law fashion by the courts. At other times, it was done by implementing legislation. This is, not surprisingly, the same approach the U.S. took to the law of war branch of the law...

...of the International Criminal and Humanitarian Law Clinic, Harry Radzyner Law School, Reichman University, Attorney and Consultant specializing in International Law Steven Haines, Professor of Public International Law, University of Greenwich Monica Hakimi, James V. Campbell Professor of Law, University of Michigan Law School Adil Haque, Professor of Law and Judge Jon O. Newman Scholar, Rutgers Law School Mohamed S. Helal, Associate Professor of Law, The Ohio State University; Member, Permanent Court of Arbitration; Member, African Union Commission on International Law Kevin Jon Heller, Professor of International Law and Security,...

...Law, Co-Director, Oxford Institute for Ethics, Law & Armed Conflict (ELAC), University of Oxford Mariana Salazar Albornoz, Rapporteur on International Law Applicable to Cyberspace, InterAmerican Juridical Committee; Professor, Universidad Iberoamericana, Ciudad de México Daniel Álvarez-Valenzuela, Professor of Law, University of Chile School of Law, Academic Coordinator, Centre for Information Technology Law Studies (CEDI) Kai Ambos, Professor and Chair of Criminal Law, Procedure, Comparative Law, International Criminal Law and Public International Law, Georg August Universität Göttingen, Germany Pouria Askary, Associate Professor of International Law, Faculty of Law and Political Science, Allameh...

Limited Influence of Sentence Discounts, Nancy Amoury Combs* 35. Copyright (c) 2005 Duke Law Journal Duke Law Journal, October, 2005, 55 Duke L.J. 75, 32509 words, ARTICLE: POLITICAL TRIALS IN DOMESTIC AND INTERNATIONAL LAW, Eric A. Posner+ 36. Copyright (c) 2004 Duke Law Journal Duke Law Journal, December, 2004, 54 Duke L.J. 621, 31550 words, Article: HOW TO INFLUENCE STATES: SOCIALIZATION AND INTERNATIONAL HUMAN RIGHTS LAW, Ryan Goodman + and Derek Jinks + + 37. Copyright (c) 2004 Duke Law Journal Duke Law Journal, December, 2004, 54 Duke L.J. 705,...

law incorporating international law. Second, federal foreign affairs preemption is nonetheless in tension with the idea of state law having broader extraterritorial reach than federal law. And third, this tension basically disappears when the state law incorporating international law presents a “false conflict” of laws among the relevant jurisdictions’ laws. Here the fields of private international law and conflict of laws gain salience and supply a doctrinally and historically grounded mechanism for entertaining claims arising abroad in U.S. domestic courts. More concretely, if state law incorporating international law is fundamentally...

era, occupation is very likely to run afoul of the jus ad bellum. Even if an initial occupation is lawful self-defence, the jus ad bellum's necessity and proportionality requirements make it essentially impossible to justify maintaining the occupation long-term. Contra Ori, therefore, it is irrelevant whether the initial occupation of the West Bank can be defended on the basis of self-defence; even if it could, the fact that the ongoing occupation "derives from" the initial defensive act does not render it legal. Whatever justification existed for the initial occupation (and...