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

04 Apr

on LAWS to include AI-DSS is not advisable (as it may thwart regulatory efforts and progress made within various fora), states should broaden their focus in regulatory discussions beyond just (L)AWS. For example, in line with the approach adopted within the Human Rights Council, states need to expand discussions to include AI-DSS within the UN General Assembly First Committee on Disarmament and International Security, a forum that could potentially assume a leading role in drafting a regulatory framework. Another forum that could bring this issue more prominently to the fore...
04.04.24 | and |

04 Jun

employment prong under the non-commercial tort exception? Some lower court case law suggests that state law, not federal law, informs the question. Other case law looks to the law of the sovereign itself. Consequently, we end up in a situation where different sources of law inform the same inquiry, an unfortunate result. 3. What’s the authority for the federal common law? Most of you are familiar with the very good Seventh Circuit cases arising out of the Enahoro litigation that discuss this question. After Erie and maybe Sosa too, one...
04.06.10 | |

11 Jul

comply with sodomy laws? Heaven forefend! Jordan Diplomats have been prosecuted in the past for war crimes, e.g., the French case of Abetz in 1952 and see United States v. Weizsacker, et al. (The Ministries Case) addressed in Paust, Bassiouni, et al., International Criminal Law 51 n.3(4 ed. Carolina Academic Press 2013), and in 34 Houston Journal of International Law 57 (2011). Most international criminal law instruments apply expressly to, e.g., "any person who" Phu Nguyen For your information, in 2012, the Austrian Foreign Ministry has issued 1220 Notes to...
11.07.13 | |

07 Jan

...is 6.8 percent. While we want that number to be zero, that small percentage does not justify holding in perpetuity the overwhelming majority of detainees, who do not subsequently engage in wrongdoing. In light of these statistics, those who argue against continuing transfers are indeed, as Sloan puts it, “constrained by an overabundance of caution.” As I’ve noted here before, and described in detail in a piece just out in the Cardozo Law Review, in all of the major wars of the 20th and 21st centuries in which U.S. detention...
07.01.15 | |

02 Aug

but on other important issues, he parts ways. To add just one example, Mike sees a historical-textualist basis for Missouri v. Holland. So there is a call-it-like-he-sees it credibility to this work. In the relative land-grab days of foreign relations law, this book stakes a strong claim to a lot of turf. It will be the starting point for future originalist-oriented research in the field. That said, this all looks like an exercise in scripturalism to me. As a structuralist/functionalist on these issues, someone who thinks recent history far more...
02.08.07 | |

24 Oct

involved. First, if we are serious about subjecting warfare to legal assessment and accountability, we must apply the law with care. This may not sound like a profound insight, but the point is that without respecting the formal strictures of the law, including its technicalities, it is all too easy to take liberties and shortcuts that bend the rules out of shape. Invoking the language of the law then becomes yet another exercise in point-scoring, for whichever side, as we see on a daily basis. This is deeply corrosive. Second,...
24.10.24 | |

01 Jun

Young Scholars’ Workshop to be held at the University of Ottawa on 12 November 2025, where they will receive constructive feedback from senior scholars and practitioners. Authors will then submit their articles for consideration by the Canadian Yearbook of International Law. Subject to favourable peer-review, articles submitted as part of the symposium will appear in Volume 63 of the Yearbook in 2026. See here for more information. Seminar – Developments in the Law of State Immunity: The Research Group for Human Rights and International Law at UiT – The Arctic...
01.06.25 | |

21 Feb

...it’s cheaper to pay Greeks to stay home? What is the current state of EU law on internal migration for work, on the one hand, and social benefits, on the other? Is there any reason to believe that either of these two motives for internal migration could become sufficiently general to raise issues for the wealthier EU countries? Update: Thanks to Martin and EU Law Student in the comments for pointing us non-EU-law-experts to, first, the 2004 Free Movement Directive and, second, an article from 2006 by Kay Hailbronner on...
21.02.12 | |

08 Jan

...custody (see S. 147, the Lawful Interrogation and Detention Act of 2009); • House Judiciary Committee Chairman John Conyers proposed legislation to create a National Commission on Presidential War Powers and Civil Liberties, a blue-ribbon panel of outside experts to probe Bush administration practices of detainee treatment and warrantless wiretaps; and • Published rumors emerge that Anne-Marie Slaughter (past president of the American Society of International Law and author of, among other works, A New World Order) may be tapped to head the State Department’s big-think Office of Policy Planning....
08.01.09 | |

06 Nov

I would like to thank Kathy Stone for commenting on my Article and agreeing to participate in this symposium. She has sharply characterized the main arguments of my paper and made two very helpful criticisms. Both of these are great prods for future work. Let me respond to each of these suggestions in turn. Stone is right that I devoted most of my attention analyzing Doing Business’ main agenda, which I called substantive flexibility: increasing employers’ ability to fire, hire, and set working conditions, thereby decreasing employers overall labor costs....
06.11.09 | |

25 Apr

...or express the capacity of a new, historically cohesive political community (‘Europe’) to rule itself through institutions ‘constituted’ for that purpose. In that critical regard, the leading bodies of the Member States—executive, legislative, and judicial—have remained the political-cultural locus of self-government in the EU. This is true even as the Member States have delegated significant and often autonomous regulatory power to the European level for numerous functional and political reasons. How has European public law come to terms with this separation of power and legitimacy? That is the central question...
25.04.11 | |

02 Feb

In order for diplomatic missions to function, international law has long accorded diplomats and their families immunity from all local criminal laws. And when a major crime occurs involving a diplomat, there’s often a lot of press attention on the case by virtue of the privileges and immunities (Ps&Is) involved. But Ps&Is aren’t limited to allegations of rape or manslaughter, they extend to ALL local laws, often posing problems for the host State as it tries to police dangerous behavior while also complying with its international law obligations. So, how...
02.02.13 | |