Search: Symposium on the Functional Approach to the Law of Occupation
18 Jun Framing Prolonged Occupation
occupation?” Attempts to reconcile the law of occupation with the realities of prolonged occupation have traditionally divided between management and illegality. The management approach is most prevalent. The manager accepts that an occupation’s character does not affect the application of the law of occupation. As I have written elsewhere, the manager attempts to more effectively interpret the law of occupation to mitigate the results but not the cause of prolonged occupation. This has, by default or by design, served to entrench features of an occupation regime. Dissatisfaction with the resulting...
01 Oct A Reductionist View on the Role of Lawyers
of law to lawyers in general. Though it is not explicitly stated, he does not seem to distinguish between the law and the lawyers. However, we cannot group the law and the lawyers together. We cannot deny that there are different strands of critical lawyers who do not believe in the positivist conception of law. This can include Marxist lawyers, critical legal studies lawyers, feminist lawyers and third world approaches to international law lawyers. Many of them reject the idea of the autonomy of law and question what the law...18 Apr Events and Announcements – 17 April 2022
has published widely in human rights, constitutional law and social justice. Prof. Nussberger holds a doctorate in constitutional law, and has held research positions in Harvard and Max Planck Institute for Foreign and International Social Law. Interested participants can register for the event here. Podcasts New Podcast ‘GLAW-Net – Conversations about Globalization and Law’: The Globalization and Law Network (GLAW-Net) at the Faculty of Law, Maastricht University has started a new podcast, ‘Conversations about Globalization and Law’ on pressing issues of international law and order. (Click here for Spotify) The...
25 Feb ‘Follow the Money’: The Misery of International Law
confronted by international law’s inconsistencies is what I present today. To make sense of the contradictions of international law, we need to do two things: follow the money and centre the misery international law produces. That is the thesis of this essay and I proceed in two parts. First, I set out four premises that inform my thinking. Without these, you will not understand the second, where I explain the value of money and misery as analytic concepts when confronting international law. *** 1- International economic law is an instrument...24 Sep Can the Offenses Clause save Missouri v. Holland?
that existed independently from, but which were also reflected in, such a treaty. Francisco Forrest Martin Of course the law of nations includes treaties (i.e., the conventional law of nations)! It also includes the voluntary law of nations (i.e., general principles of law recognized by civilized nations) and the necessary law of nations (i.e., natural law), as evidenced by the numerous federal admiralty opinions requiring the application of these other sources of international law when they are binding on parties. See, e.g., The Antelope, 23 U.S. 66 (1825) (discussing the...16 Mar International Law "Must Reads"
Overview Texts Restatement of the Law (3rd) of the Foreign Relations Law of the United States. Not agreed upon by all U.S. lawyers, but about as close to a definitive statement on the status on international law in the U.S. (as of the late 1980’s, at least) as you are going to get. Louis Henkin, How Nations Behave (2d ed. 1979). Dated now, but a seminal work on modern international law. Rosalyn Higgins, Problems and Process: International Law and How We Use It (1994). Lucid discussion of the international legal...05 Apr The Relevance of the Academic Model for the Modern Lex Mercatoria
need to be further considered if we are to acquire a better perspective on the formation of private law at the transnational level and therefore on the modern lex mercatoria. It was already said that private law including commercial law had been thought of as being transnational until the 19th Century especially on the European Continent. This was confirmed by the general acceptance of the Roman law as superior customary law even though in commerce there was local law but it was not nationalistic, it was often regional or municipal...14 Dec Towards a Pluralism of International Law(s)?
suggest, as I do here, that we increasingly have regime specific “international laws” with different conceptions of law, lawmakers, sources, and legitimacy. A third possibility would be that we need to think in terms of plural conceptions of law or plural legal systems. This is the suggestion raised in a couple of the symposium discussions. Ming-Sung Kuo, in “Taming Governance with Legality? Critical Reflections upon Global Administrative Law as Small-c Global Constitutionalism,” raises the question whether Global Administrative Law (GAL) represents the global constitutionalization of public law governance. But where...26 Apr Israel, Gaza, and the End of “Effective Control”
[Elizabeth Samson, Esq. is a Visiting Fellow at the Hudson Institute] This is our sixth post of our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. I am very pleased to contribute to this symposium and to offer an analysis of international occupation law that may bring a new understanding to the discussion of this most challenging issue. In determining the legitimacy of Israel’s actions with respect to Gaza since Israeli disengagement from...26 Feb Symposium: The Assumptions of Koh’s Transnational Legal Process as Counter-Strategy
[Craig Martin is a Professor of Law at Washburn University School of Law, and is Co-Director of the International and Comparative Law Center at Washburn Law.] This post will bring to a close the formal part of the virtual symposium on Harold Koh’s recent article The Trump Administration and International Law. As moderator, I would like to begin by thanking all those who contributed (including a couple of announced contributors who we unfortunately lost along the way to illness and crises). I think that each of the essays has raised...