Search: Symposium on the Functional Approach to the Law of Occupation
10 Apr VJIL Symposium: Questions about the Public Law Approach to International Investment Law
[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...13 Mar No More “Enemy Combatants”?
...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,...
16 Feb Symposium on Rewriting Histories of the Use of Force: Mnemohistory and the Affective Life of International Law – A Method for the Madness
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....
01 May Beyond Containment – Confronting Racial Hierarchies in International Law: Rehearsals in Emancipation
UN mediation. Yet, international criminal law remains unmoved by the many protests against its racialising punitivity, and well documented albeit institutionally unanswered complaints of racial bias. Many in the Global Majority have realised international criminal law’s smokescreen, disembedding crime from other bodies of international law, enabling specific violences to continue unchecked. In the same way as the declaration speaks to international law’s prolongation of slavery and its (ongoing) afterlives, international criminal law is no less constitutive to violent racialisation and enslavement. Knowing this, it is curious why Ghana would choose...23 Apr Want to Prosecute the Lawyers? Cite Ministries — Not the Justice Case
...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...
18 Apr Symposium on International Conflict and Security Law: A Research Handbook – The Extra-Legal Foundations of International Conflict and Security Law: the Importance of Identifying Globally Protected Goods and Collective Interests
Peremptory Norms of the International Community”, in European Journal of International Law, Volume 23, Issue 3, pp. 837-861). It seems clear that, in spite of their importance to assess the legitimacy of international law, there is no single and widespread definition of what these values are (on international “common goods”, see Cafaggio, F. and D. D. Caron, “Global Public Goods amidst a Plurality of Legal Orders: A Symposium”, in European Journal of International Law, Volume 23, Issue 3, 2012, pp. 643-649, as well as Shaffer, G. “International Law and Global...24 Oct Philippines Supreme Court Threatens Law Faculty With Contempt After Allegations of Judicial Plagiarism
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...18 Sep A Question About Kiobel
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....16 Nov A Change (Back) We Can Believe In
...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...