Search: Symposium on the Functional Approach to the Law of Occupation
10 Apr VJIL Symposium: Stephan W. Schill Answers to Anthea Roberts and Jürgen Kurtz
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...
25 Nov ‘The Time has Come for International Regulation on Artificial Intelligence’ – An Interview with Andrew Murray
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...
23 Jun The Ethnographic Turn in International Law: Vernacularisation as a Path towards Reform?
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 Feb The Choice-of-Law Conundrum for Torts in Iraq
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...26 Jul International Law in the U.S. Supreme Court: A Response to Professor Golove’s Essay
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...29 Oct So It’s Settled: The President Can Violate Customary International Law
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...