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

16 Feb

call ‘the turn to introspection’ in international law scholarship exploring both the imaginative and sentimental life of international law and international lawyers has flourished in recent years. How this will play out in the context of global legal history is still very much up for debate – particularly given the methodological disputes underway. Whatever form this endeavor takes, viewing international law “from below” is an invitation to inhabit a historical world in which the place of political desires and subjectivities in international law making and practice assumes a greater role....
16.02.23 | |

23 Apr

...have to deal with adverse public opinion." That sounds to me like (according to Painter) the OLC lawyers didn't violate any US law (at least any law for which they could be held criminally liable in US court). Of course, Painter didn't seem to think they'd knowingly given false legal advice, so his opinion might be a non sequitur. 3. The only other options (unless I'm missing something - and I'm cobbling this together from an hour of research and what I remember from undergraduate I-Law) are that (a) there...
23.04.09 | |

24 Oct

the works of International Law authors (Professor Evan Criddle and Professor Evan Fox-descent’s 2009 Article in the Yale Journal of International Law, titled “A Fiduciary Theory of Jus Cogens”; the book of Dr. Christian Tams, titled Enforcing Erga Omnes Obligations in International Law, published by Cambridge University Press; and an article by Mark Ellis, Executive Director of the International Bar Association, in the 2006 volume of Case Western Journal of International Law, entitled “Breaking the Silence: On Rape as an International Crime”). What was worse than the lifting without attribution...
24.10.10 | |

18 Sep

in large part, by recognizing this basic jurisdictional requirement. Francisco Forrest Martin I think that the Kiobel court (and some of our distinguished bloggers) have made some mistakes about international law. First, the law of nations does not only consist of the customary law of nations (aka, customary international law). It also consists of the conventional law of nations (aka treaties), the voluntary law of nations (aka general principles of law recognized by civilized nations), and the natural law of nations. (The reason for the ATS’ apparent bifurcation of U.S....
18.09.10 | |

16 Nov

...legal advisers, our judges, our law schools, even much of our public, had deep expertise and commitment to international law. Many of our top legal and policy minds don’t even make the distinction between international law (law at the inter-state level) and foreign law (law of another country). Indeed, foreign law is not binding on the United States. However, international law is binding on the US, be it a treaty to which we are a signatory, a decision of a tribunal or court before which we have appeared, or those...
16.11.08 | |

07 Mar

...context of the system that generates them, namely, a self-perpetuating occupation. By so doing, the COI evaluated such a system and reached the inevitable conclusion that, because of its perpetual and annexationist character, Israel’s prolonged occupation of the Palestinian territory is itself unlawful and, therefore, must immediately be terminated. Notably, from the report’s examination it appears that the COI considered illegality as a consequence of Israel’s unlawful behaviour in the context of an otherwise lawful occupation. In another words, had Israel respected the law of occupation, international human rights law...
07.03.23 | |

09 Aug

partners, combining academic expertise with practical experience in these fields of law. The following courses are now available for booking: Law of the Sea, starts 22 September 2021 International Trade Law, starts 1 October 2021 International Migration and Refugee Law, starts 4 October 2021 *NEW* Climate Change Law, starts 5 October 2021 Public International Law in Practice, starts 7 October 2021 Copyright and Data, starts 15 October 2021 *NEW* Business and Human Rights, starts 27 October 2021 Trade marks and Designs, starts 29 October 2021 *NEW* International Cultural Heritage Law,...
09.08.21 | |

06 Jan

should adhere to the International Criminal Law Review style sheet, which is available at http://www.brill.nl/AuthorsInstructions/ICLA.pdf . About the Editors Diane Marie Amann is Professor of Law and Director of the California International Law Center at King Hall, University of California, Davis, School of Law; a founding contributor to the IntLawGrrls blog, http://intlawgrrls.blogspot.com/; and a Vice President of the American Society of International Law. Her scholarship examines the interaction of national and international legal regimes in efforts to combat atrocity and cross-border crime. Jaya Ramji-Nogales is Assistant Professor of Law at...
06.01.10 | |

15 Jun

that international law does apply domestically, and these types of law trump state law - so should void a state law that stands for the opposite proposition... mirko Don't understand the necessity of this law. I assume any higher court would declare a judgment that is based on sharia law null and void due to violations of the 'ordre public', particularly if such law confronts with national legal provisions. As for the strict prohibition of applying foreign law, this amendment clearly violates the principle of 'freedom of contract' in contract...
15.06.10 | |

06 Oct

a concept that has been defined in the international law of neutrality — a species of jus ad bellum. Unlike jus in bello, which specifies the relations between opposing belligerents, neutrality law specifies the relations between belligerents and neutrals — those outside of the conflict. Neutrality law explains when non-hostile persons, organizations, and States forfeit their neutral immunity and acquire enemy status. Neutrality law’s role in defining who belligerents may treat as enemies in war is important not only as a matter of international law, but also domestic law. Interpreting...
06.10.11 | |

20 Apr

very treaties in light of the VCLT of 1969, occupation law, territorial annexation and the legality of self-determination of these territories. This post chooses to focus on the last three aspects, namely the interplay of the principles of annexation and self-determination in light of occupation law. Two questions may, therefore, be posed in light of the signed treaties: According to International Humanitarian Law (IHL), what is the relationship between occupation law and annexation of territory? What is the relevant legal framework for self-determination in international law and how may it...
20.04.15 | |

17 Apr

...facts of each case. In some cases (i.e., terrorist attacks in Israel), foreign tort laws may be preferable to state tort laws. In other cases (i.e., torture and killings in Burma), domestic tort laws will be far preferable to foreign laws. If I were a law student who aspired to become a human rights lawyer, after today I would be enrolling in courses that teach conflict of laws and comparative torts. What does a choice-of-law analysis for human rights abuses typically mean? More often than not, it means the application...
17.04.13 | |