Search: Symposium on the Functional Approach to the Law of Occupation
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...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...
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...
03 Mar Subverting Racism in / through International Law Scholarship
of the epistemic violence that undergirds the entire European international legal edifice. Even orthodox publicists acknowledge that much international law is based on a flawed premise, though I’ll say it once more to dispel any doubt: European subjectivity never equated with human objectivity. Scholars now explore historical and contemporary approaches to international law from within the pluriverse: how do Chinese, Islamic, Caribbean, Indigenous, and other civilisational traditions regard international law? New epistemologies herald new theories, methods, perspectives, and conceptions of international law. They also generate new scholarship! In fact, were the...
15 Feb Symposium on Rewriting Histories of the Use of Force: Fictive Imaginaries and Factual Legacies – International Law and the Use of Force
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...06 Mar The ATS and Extraterritoriality
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...25 Apr Is the Gaza Strip Still Occupied by Israel?
[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...12 Nov The Oxford Guide to Treaties Symposium: Evidence of “Secondary” Fragmentation
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...
25 Sep Symposium on the ICJ Climate Change Advisory Opinion: Carrying the Flag of the Progressive Development of International Law (Part I)
to comply with the applicable international climate law identified in this decision if they wish to fulfill their obligations to protect the marine environment (para. 340). Furthermore, besides referring to treaty law, the Court also deals with customary international law and its interaction with the foregoing treaties. Moreover, the Court builds upon previously recognized rules to announce the identification of new ones. Allow me to elaborate on that. Regarding customary law as a formal source of international law, the Court does not abandon its traditional view deployed in the 1969...