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17 Jan

that the sovereign was unwilling to recognize those rights. Other sovereigns were. Whether the Geneva status is recognized or not by the United States is not the key thing. The key thing is whether as a matter of international law that person should have had that status notwithstanding the internal law machinations of a state. Now the sticky wicket today is simply not to "call for new law!". That is a traditional American approach to these things which is to keep changing law to modify - creating a moving target...
17.01.07 | |

10 Apr

the system. Second, let me re-emphasize the importance of viewing investment law as global public law. Only sensitivity for how deeply investment law penetrates domestic public law unveils why the regime is so potent and controversial. Neither traditional public international law nor commercial arbitration can analyze this dimension, nor answer to concomitant legitimacy concerns as they embody a horizontal ordering paradigm where power is coordinated among equals. Only a public law approach can address how public authority should be exercised. Notwithstanding, my public law approach is not incompatible with public...
10.04.12 | |

25 Nov

going, and I think that the use of law as a regulatory framework will be designed around the functional market in AI. Yet, I would like law to be something more. I would like it to be a reflection of our societal values. I would like to go back to a very classical view of what law is, back to Austin (without the authority element) and the view that law should reflect common values of society. I want to go back to the notion that the rule of law should...
25.11.20 | |

23 Jun

scholarship has led to a vernacularization of international law that goes beyond what has been coined the ‘empirical turn’ in international law which is predominantly concerned with the efficacy of international law. Instead, the recent rise in ethnographic engagement is expressly interested in questions of power relations, subjectivity formation, and subaltern narratives. These complex narratives of international law’s everyday life do not amount to simple ‘alternative’ ways of imagining law. Instead, they highlight the multiple ways of actively living with and against international law – they demonstrate engagement and contestation,...
23.06.23 | |

23 Feb

Circuit concluded that Iraqi substantive law applied. The wrongful conduct and resulting injury occurred in Iraq, therefore Iraqi law should apply under Louisiana choice-of-law rules. As for CPA 17, the Fifth Circuit concluded that it required application of Louisiania law, which includes Louisiana choice-of-law. Section 18 requires claims to be ‘submitted and dealt with … in a manner consistent with the Sending State’s laws, regulations and procedures.’ Included in that law is the state’s choice-of-law principles. Consequently, if the plaintiff’s claim is ‘submitted and dealt with … in a manner...
23.02.12 | |

26 Jul

immutable "necessary" law. FFM fairly equates voluntary law to general principles of law, but I struggle to find a basis for equating it to a jus cogens peremptory norm, as you seem to do. The only law Vattel defines as immutable is "necessary" law. A case in point: In my view, Vattel's description of voluntary law seems to suggest that non-intervention in the internal affairs of another state is one such rule/principle (derived from the natural law). That has changed. First, members of the U.N. consented to such intervention when...
26.07.11 | |

29 Oct

war, it's troubling, but just have to do it) is unclear. Benjamin Davis Bob, "Second, in response to Ben’s comment that “International law is part of the domestic law,” the Paquete Habana said it was part of “our law,” not “our domestic law.” " Good point. The Supreme Court said that international law is part of our law. The rest of your presentation is an effort to try to make it appear that customary international law is not part of our domestic law that courts apply. That is precisely what...
29.10.15 | |

20 Jan

...much: they've haven't fooled me for one minute, and I've got five years of recorded history that back me up on the facts and the law 100%. And I don't mean to be rude at all, I'm just trying to get the truth and defend the rule of law. I always thought the law was supposed to be about the truth my self, but then, I'm not a lawyer. Then I got divorced, and learned that people who think the law is all about the truth are naive -- the...
20.01.07 | |

11 Oct

interpretation of those laws that is rejected by (nearly all of) the rest of the world. The 3%, then, is this: "The most fundamental issues, then, become only whether al-Aulaqi’s conduct brings him within the scope of the AUMF and whether he may be targeted consistently with relevant international laws regulating war." The AUMF's definition of armed conflict is not consistent with the laws of war. According to those laws, there is no armed conflict between the US and al-Qaeda outside of Afghanistan and Pakistan. How can the laws of...
11.10.10 | |

24 May

...the law as a means for repressing violence, and are committed domestically and internationally to using law to control criminal conduct and to resolve disputes. They invoke the law almost instinctively, and repeatedly, assuming that it regulates international conduct and, in particular, provides a system for bringing terrorists to justice. Recent terrorist incidents have led to many efforts to use the law, virtually all of which have failed. The law has a poor record in dealing with international terrorism. Some terrorists are killed or captured during the course of their...
24.05.11 | |

10 Apr

[Anthea Roberts is currently the Visiting Professor of Law and John Harvey Gregory Lecturer on World Organization at Harvard Law School. She also holds the position of Lecturer in Law, Department of Law, London School of Economics and Political Science.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. Thank you very much to Opinio Juris for hosting this discussion and to the Virginia Journal of International Law...
10.04.12 | |

13 Mar

...depending on recognition etc. 2) What you call "international common law" is not international law. If anything, it is customary US military law. Since when can one country alone make international law binding on anybody but itself? This is exactly the point Kevin, Marko and myself are making: Having not found the necessary domestic authority to detain, the brief invents an authority under the "international laws of war". But, as the brief itself appears to recognize at the beginning, international law does not contain those rules, not before Sept. 11,...
13.03.09 | |