Search: Symposium on the Functional Approach to the Law of Occupation
18 Apr Kiobel Insta-Symposium: The ATS After Kiobel: Less Bark but More Bite?
[Chimène Keitner is Professor of Law, University of California Hastings College of the Law.] The Kiobel majority concludes that the plaintiffs in that case impermissibly sought to extend a U.S. cause of action to foreign conduct by foreign companies against foreign victims (even though the victims subsequently became lawful U.S. residents). It dismisses the historical practice of allowing suits for transitory torts (which I have explored in more detail here) by reasoning that the cause of action in ATS cases comes from U.S. law, not foreign or international law (the...18 Nov The Return of the Neocons (and their Scorn for International Law): A Sword without a Strategy
also speaks volumes to the neocons’ stance toward international law. Then there is Senator-elect Tom Cotton. As Heilbrunn notes,”Perhaps no one has been more impassioned in their support of the foreign policy of George W Bush than Tom Cotton.” Cotton, 37 years old, is the neocon wet dream. After Harvard College (where he wrote for the Crimson, citing intellectual idols Allan Bloom and Leo Strauss) and Harvard Law School, Cotton signed up for the military insisting that he be sent into combat in Iraq. While, as the legend goes, the...27 Mar If Harold Koh Says It, It Must Be True: The U.S. Is At War with Al Qaeda
...Bush approach", or identified as the specific locus of much of the legal criticism received by the Administration. Indeed, under this account, the curative role played by this criticism is accepted so readily that it is almost as if the Bush Administration never had a differing original approach before the roll-backs took place. Well done Julian, for this impressive sleight of hand! After all, it makes so much sense to view the roll played by the courts, OLC and Justice lawyers, public opinion, and cooler minds in the Administration -...27 Feb ECJ Rules that West Bank Goods are NOT “Made in Israel”
...mso-bidi-language:AR-SA;} .MsoPapDefault {mso-style-type:export-only; margin-bottom:10.0pt; line-height:115%;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.0in 1.0in 1.0in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:Arial; mso-bidi-theme-font:minor-bidi;} Territoriality and Origin of Goods. All: Importing states generally apply two territorial approaches when determining a product’s origin: the practical-trade approach, and the political-sovereignty approach. The practical-trade approach evaluates the question of origin from a purely...14 Oct Carsten Stahn Guest Post: On Intervention, Narratives of Progress, Threats of force and the Virtues of Case-by-Case Assessment–A Rejoinder to Koh (Part III)
Article 2 (4) recognize ‘shades of grey’ and options for development. There may thus more agreement than divide. In my view, Koh takes a shortcut by criticizing international lawyers for having ‘become more comfortable stating rules than in figuring out how international law might help to push unfolding events towards the right resolution’. The roots of the controversy lie deeper. Koh’s position is based on a specific approach towards international law. His argument is based on the premise that international law is an instrument of problem-solving and a tool to...
27 Nov Vie for the Big Guy: Developing Practice or Déja-Vu?
news cycle to ‘exceptions’ precluding the immunity of Al-Assad and his cronies in front of French courts must be heavily nuanced. To posit the existence of a universal ‘exception’ to the immunity enjoyed by high-ranking officials would oversimplify the intricate nature of this legal principle. This is because the law on the immunity of a state agent’s office (immunity ratione personae), and the law on the acts of a state agent within the course of their functions (immunity ratione materiae) have been subject to two very distinct evolutionary arcs. The...01 Aug When Does the Combatant’s Privilege Apply?
Under any view, the privilege of combatancy is key to the basic architecture of the law of war. It stands at the fault line between domestic criminal law and International Humanitarian Law, between impermissible killing and lawful belligerency. Simply put, the privilege of combatancy transforms, almost magically, what would otherwise be an unlawful act of murder into a lawful killing consistent with jus in bello. How does this transformation happen? However it happens, it is a powerful legal mechanism, and one whose exact contours demand definition and clarity. The privilege...