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

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 | |

07 May

the opinions in good faith, ie, sincerely believing that their opinions were consistent with US law. Even if they did, however, I think they would have a very difficult time convincing an international tribunal or a domestic court that they did not know their opinions violated international law -- after all, as noted in the post, US law itself is inconsistent with international law, to say nothing of the ridiculous interpretation Bybee and Yoo gave to US law. I. Speir Many issues have been conflated. First, we should be clear...
07.05.09 | |

18 Jun

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...
18.06.21 | |

25 Feb

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...
25.02.21 | |

24 Sep

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...
24.09.13 | |

18 Apr

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...
18.04.22 | |

01 Oct

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...
01.10.21 | |

16 Mar

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...
16.03.05 | |

05 Apr

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...
05.04.12 | |

14 Dec

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...
14.12.11 | |