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

06 Mar

But unlike the Exchange Act—which would involve the projection of a U.S. norm into foreign territory—statutes that implement international law purport to apply a law that is also applicable inside the foreign territory. Concerns about extraterritorial applications of U.S. law conflicting with foreign law inside foreign territory thus largely disappear, since the U.S. law by nature will not conflict with the international law also operative inside the foreign territory. Moreover, while the conventional assumption that Congress legislates with only domestic concerns in mind may make sense for statutes reflecting national...
06.03.12 | |

15 Feb

International Relations), Verdebout acknowledges the fluid and evolving notion of order and notes the propensity among international lawyers to align international law with notions of progress. International law in this idiom also contends with the ‘spectre’ of John Austin when comparisons with municipal law are rife. International law has often been chastised in this rendition for lacking authenticity or credibility as law as it is ineffective in the absence of a supranational enforcing authority. What is fascinating is that the invocation of formalism in international law according to Verdebout remains...
15.02.23 | |

25 Apr

[Col. (Ret.) Pnina Sharvit Baruch is a Former Head of the International Law Department of the IDF Military Advocate General’s Office] This is the fifth 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 thankful for the opportunity to participate in this symposium in one of the leading blogs on international law. The question I will refer to is whether Israel is under the duty to provide for...
25.04.12 | |

12 Nov

posts on interpretation and Geir Ulfstein’s post on treaty functions, however, it seems there’s some evidence of a different kind of fragmentation emerging among the secondary rules of international law. For example, Geir suggests at the end of his post that “Treaty law must be complemented by international institutional law”. But treaty law and international institutional law are not required by any rule of international law to get along — it’s equally possible that the result produced by the law of treaties (say an interpretation of a treaty constituting an...
12.11.12 | |

08 Jul

the case of customary international law. In my view, requiring that the rules of international law demonstrate some materiality to be rules reduces dramatically what international law can be and can do. If we were to reduce international law to an artefact, I believe that there is little that international law would ever achieve in the world. I believe that Professor Hakimi realizes it, for she seems to recant such principled materialism in the last paragraphs of her piece when she writes that law “does all sorts of things” and...
08.07.20 | |

11 Sep

by the International Law Commission (ILC). Customary international law results from a general and consistent practice of states followed out of a sense of international legal right or obligation. This is the approach the ICJ has repeatedly applied in areas ranging from the law of the sea (North Sea Continental Shelf) to the jurisdictional immunities of states (Jurisdictional Immunities of the State). It is also the approach that the International Law Commission has adopted in its project on the Identification of Customary International Law. States often limit their jurisdiction to...
11.09.18 | |

08 Apr

IHL where it is imperative or absolutely necessary for security reasons, yet the Law fails to specify on what grounds Israeli forces may detain for the purpose of bringing the person before an officer. Since the Law is relied upon as the basis of detention under Israeli law, including to protect the Basic Law right to liberty, detention must be duly authorized by domestic law and cannot be somehow implicitly based on uncodified IHL authority alone. Secondly, the grounds for issuing a temporary detention order are not consistent with IHL....
08.04.25 | |

20 Jul

Law who has ever actually practiced international law (as opposed to flatulating on the pages of the New York Times or other eminent scholarly publications), I am unaware of it. Andy Bolen And that's why I'm at UChicago Law... where 1Ls get to take Eric Posner for PIL. Take that, Ivy League. Paul Stephan Roger: You don't consider international trade law a basic and important course? It's taught by a quite wonderful tenure track professor, as is International Humanitarian Law. International Finance is taught by a senior and prominent tenured...
20.07.09 | |

29 Oct

is often translated as “rule of law” but could also be translated as “rule by law”. Indeed, there is a traditional Chinese “Legalist” tradition that thinks of law as an instrument for ruling society, but less so as a constraint on lawmakers and government. Most China-watchers would probably say that “rule by law” is a more accurate translation of what the Chinese Communist Party means when they call for the promotion of the “法治” (fazhi) in domestic reforms, since most expect the Party to remain effectively above the law for...
29.10.14 | |

21 May

an integral part of Israel, as Israel did in relation to East Jerusalem in 1980, or that “Israeli law applies” to the area, as it did in relation to the Golan Heights in 1981. In either case, the transition between “occupation,” the international legal rubric now governing the West Bank, and “annexation” would be effected by an act of law. Nonetheless, we must immediately remember that such an act of law would, at the same time, be illegal under international law. There is an overwhelming international legal consensus that Israeli...
21.05.20 | |

29 Mar

program at Duke Law School Gregory Gordon, Assistant Professor of Law, University of North Dakota Law School Toward an International Criminal Procedure: Due Process Aspirations and Limitations Commentator: Mark Drumbl, Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington & Lee Law School. Vik Kanwar, JSD candidate, NYU, visiting fellow, Loyola New Orleans Law School The Legislator of Last Resort: Security Council’s Emerging Role in WMD Proliferation Crises Commentator: Sean Murphy, Professor of Law, George Washington University Law School Eugene Kontorovich, Visiting Professor, Northwestern University Law...
29.03.07 | |

18 May

with a sufficient level of politics (or voice). In The Transformation of World Trade (104 Michigan Law Review, 2005, 1-70) I explained this bi-directional interaction in the context of the global trade regime. It is not a story from politics to law, but law enabled by and constantly requiring politics. In my more recent The Rule of Law Without The Rule of Lawyers? (109 American Journal of International Law 761-805), I show how today’s (granted, limited) rule of law in the WTO is enabled by a relatively inexperienced pool of...
18.05.16 | |