Search: Symposium on the Functional Approach to the Law of Occupation
15 Jun Oklahoma’s Unnecessary Law to Ban Citation of Sharia and International Law
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...06 Oct The Law of Neutrality and the U.S. Conflict with Al-Qaeda
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...20 Apr Guest Post: The Status of the Territory Unchanged: Russia’s Treaties with Abkhazia and South Ossetia, Georgia
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...17 Apr Kiobel Insta-Symposium: The Death of the ATS and the Rise of Transnational Tort Litigation
...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...07 May No, Andrew, “Specific Intent” Does Not Equal “Evil Motive”
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...
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...
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...