Search: Symposium on the Functional Approach to the Law of Occupation
29 Aug Symposium on Occupation Law: The Normative and Functional Approaches to Occupation: A Response to Aeyal Gross
and suggests to reformulate law to reflect what matters to living and breathing human beings, not to legal persons as abstract clusters of rights and duties. In this comment, I will say a few words about two of the book’s central themes: (1) the normative approach to occupation; and (2) the functional approach to occupation. The Normative Approach and Per Se Illegality Gross suggests a normative approach to occupation, which challenges the longstanding view of occupation as a factual, normatively neutral construct. Viewed in the latter way, law only imposes...31 Aug Symposium on Occupation Law: The Writing the on the Wall 2.0: A Rejoinder
ended may possibly signal that the law of occupation continues to apply functionally, even when the remaining degree of control might have been insufficient to establish the occupation and apply the laws that govern it. Another answer, however, backed by some of the decisions of the Ethiopia Eritrea Claims Commission (EECC), support the notion that the law of occupation could be triggered based on partial or functional occupation and not only following a “full” occupation. The question of what might be the triggering standards for functional occupation is also raised...08 Dec Open Statement by University Law Teachers on Academic Freedom
Miller, Professor of Law & International Affairs, Northeastern University School of Law Christopher Gevers, School of Law, University of KwaZulu-Natal, South Africa Adil Hasan Khan, Melbourne Law School, Australia Bill Bowing, Professor of Law, Birkbeck University of London, UK Maryam Jamshidi, Associate Professor of Law, University of Colorado Law School, USA Adam Gearey, Professor of Law, Birkbeck University of London, UK Sahar Aziz, Distinguished Professor of Law, Rutgers University, USA Oscar Guardiola-Rivera, Professor of Law, Birkbeck University of London, UK Nico Krisch, Professor of International Law, Graduate Institute, Geneva, Switzerland...28 Jul What is The Common Law of War?
unique sources for lawmaking (treaties, custom, etc.) and international organizations. For the common law, the larger legal culture is the law that is “common” to many jurisdictions who are all participating in a common legal culture and apply its law together – the “common law.” Although the common law is not the same as international law, it is something larger than pure domestic law, and as such it could, in theory, and historically as well, fulfill some of the demands of reciprocity that the laws of war demand. The problem,...14 Aug Does international law bind superpowers?
sovereign states as its principal subjects, as opposed to internal law, which is addressed to individuals, international law is less enforceable than internal law. That does not mean that it is not enforceable *enough*.The problem is that you are comparing an ideal notion of internal law with the actual notion of international law. The mighty can always escape the constraints of law, even when that law is imposed by the state with its monopoly on physical force. I will admit that international law is not as enforceable as the internal...
11 Aug The Second Oxford Statement on International Law Protections of the Healthcare Sector During Covid-19: Safeguarding Vaccine Research
Dorsey, Assistant Professor of International and European Law, Utrecht University School of Law Jeffrey L. Dunoff, Laura H. Carnell Professor of Law, Temple University Beasley School of Law Kristen E. Eichensehr, Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law, University of Virginia School of Law Chiara Giorgetti, Professor of Law, Richmond Law School Guy S. Goodwin-Gill, Professor of Law, University of New South Wales (UNSW), Andrew & Renata Kaldor Centre for International Refugee Law, UNSW, Emeritus Fellow, All Souls College, Oxford Oleg Gushchyn, Professor, Military Law Department,...27 Mar The ATS and Extraterritoriality, Part II: Universal Civil Jurisdiction and Choice of Law
Jordan Response... Anthony: I am in general agreement re: your part 2. However, on line 2 in your intro you mention "courts use international law incorporated into U.S. common law." The ATS incorporates international law by express reference, not common law, as the substantive law that, when violated, produces the wrong. Filartiga, D.Ct. And more generally international law has never been mere common law. See, e.g., 14 U.C. davis J. Int'l L. & Pol'y 205, 219 n.42 (2008), available here: http://ssrn.com/abstract=1485703 and Paust, International Law as Law of the United...