Search: Symposium on the Functional Approach to the Law of Occupation
20 Jan Soleimani and Targeted Killings of Enemy Combatants – Part II: “Geneva Law” versus “Hague Law”
humanitarian law to its protective parts – “Geneva law” – but not to its rules on targeting – “Hague Law”. Extending the requirement of a certain level of intensity and duration to international armed conflicts The “first shot”-theory is not undisputed. Some doubt the feasibility and sense of applying international humanitarian law to all situations of inter-state hostilities. One view converges the different definitions of non-international and international armed conflicts by requiring a certain level of intensity and/or duration for the latter category as well. For example, former Special Rapporteur...
23 Aug Symposium on the Sentimental Life of International Law: The Affect of International Law
authority. There he rehearses his discussion, to have more play in his new book, of “bathos,” that law’s technocratic, procedural process can never encompass the horrors of great evil. In this earlier book, Simpson identified a tension within war crimes law: “I argue that war crimes law negotiates between a liberal cosmopolitanism (emphasizing individual responsibility, the rule of law, internationalism, tolerance of one’s adversaries) and an illiberal or romantic nationalism (emphasizing collective guilt, national prerogatives, procedural anti-formalism, and exemplary justice for outlaws).” [24] In his new book, Simpson is less...
05 Apr Everybody Knows About Racism, Goddam! Pathways in the Struggle Against the Racialised Universe of International Law
forward in the struggle against racism in specific areas of international law, their institutions, and praxis. Others argue for the merger of discrete emancipatory struggles and liberatory movements, for example resurfacing black radical traditions to illuminate race in international law and to nurture pedagogical approaches that interrupt ongoing racism. As always, indigenous peoples’ interrogation of race and their resistance to and relationship with international law remain elucidative, proactive, and powerful. Despite these inspiring developments, we sound a note of caution, likely because we are still smarting from the racialised double-standards...13 Feb Treaties and Soft Law Stories, A Reply to Raustiala
“soft law” oxymoronic, as Kal says, but so is the term “international law.” International law does not “bind” a state in anything like the way domestic law binds domestic actors. The point here is that whatever soft law is, and whatever international law is, worrying about whether they should be called “law” makes little sense unless we know what “law” is. How International Law Works is, in significant part, an effort to help us understand what international law is. Kal argues that there may be more to the distinction between...04 Sep Terrorism and The Extraterritorial Application of State Tort Laws
pronouncement on whether individuals historically had rights under international law. As for admiralty law, allow me to quote that most trustworthy of sources, Wikipedia: Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of private international law governing the relationships between private entities which operate vessels on the oceans. It is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal...16 Mar Letter Protesting the Treatment of Bradley Manning (Updated!)
end those which cannot withstand the light of day. Signed: Bruce Ackerman, Yale Law School Yochai Benkler, Harvard Law School Additional Signatories (institutional affiliation, for identification purposes only): Jack Balkin, Yale Law School Richard L. Abel, UCLA Law School Peter Brooks, Princeton University Joseph Fishkin, University of Texas School of Law Lisa Hajjar, Department of Sociology, University of California A. Michael Froomkin, University of Miami School of Law John Palfrey, Harvard Law School David Luban, University Professor, Georgetown University Law Center Kwame Anthony Appiah, Princeton University Alex Kreit, Thomas Jefferson...
31 Aug Symposium: Saving Critical International Legal Pedagogy from Formalists, Reactionaries, and Pandemics
inaugurated the first law school in 1970, only after Kenya achieved independence. Prior to this, English colonial policy impeded the education of lawyers and politicians, for this would have been “self-destructive for a colonial government.” Colonialism in Kenya eventually collapsed, creating conditions for the law school. Shako’s approach, like that of other Kenyan scholars such as James Gathii and Makau Mutua, “endeavors to introduce literature written by African scholars” and to showcase African voices in the teaching of international law. While workable in person, she sees virtual classrooms as a...06 Sep Remaking International Law? Personal Jurisdiction and the Fourth Restatement of the Foreign Relations Law
the Michigan Law Review, he and Scott Dodson indicated that any concerns over international law can be “easily dismissed” because even exorbitant assertions of adjudicatory jurisdiction do not violate customary international law. As an initial matter, it’s worth underscoring how striking a departure this is from past practice. The Second Restatement and the Third Restatement were clear that international law limited adjudicatory jurisdiction. While the Third Restatement’s reasonableness standard was contested, few would have asserted that civil jurisdiction was unregulated. Just over a decade ago, the ALI and Unidroit in...
06 Jul Customary International Law Symposium: Response from David Stewart
[ David Stewart is Professor from Practice; Co-Director, Global Law Scholars Program; Director, Center on Transnational Business and the Law at Georgetown Law.] As a general proposition, the law prizes clarity, precision and certainty. Tolerance of ambiguity is not a virtue taught in most law school classrooms. That’s one reason why beginning students of international law often find it difficult to grasp the notion of customary international law (“CIL”). It clearly exists. Just as clearly, it has a foundational place in the international legal structure. Article 38(b) of the Statute...02 Oct Book Symposium Investment Law: Comments on Gleider I. Hernandez
[William W. Burke-White is Deputy Dean and Professor of Law at University of Pennsylvania Law School.] I am delighted to have this opportunity to engage with the excellent chapter by Gleider Hernandez on the interaction between investment law and the law of armed conflict. The chapter makes an important contribution to an under-studied area of law, namely the interplay of international investment law and other specialized subfields, particularly international humanitarian law. I am hopeful that this chapter will open a broader discussion in this space, which is of both significant...