Search: Symposium on the Functional Approach to the Law of Occupation
14 Oct Upcoming Events: October 14, 2012
been considered for this prize is not allowed. Entries may address such topics as the use of force in international law, the conduct of hostilities during international and non‑international armed conflicts, protected persons and objects under the law of armed conflict, the law of weapons, operational law, rules of engagement, occupation law, peace operations, counter‑terrorist operations, and humanitarian assistance. Other topics bearing on the application of international law during armed conflict or other military operations are also appropriate. Age Limit: Competitors must be 35 years old or younger at the...22 May Political Philosophers Discover International Law
This year’s launch of the Journal of Philosophy of International Law and the International Political Theory Beacon reflects and will no doubt serve to prolong a rapid expansion of philosophical interest in international law during the last few years. Philosophy & Public Affairs, the leading English-language journal of moral and political philosophy has featured at least one article on international law and policy in each of its last eight consecutive issues, stretching back into 2004. The proliferation of articles discussing the regulation of armed conflict has a relatively clear source:...
20 Oct Forced Movement of Civilians in Nagorno-Karabakh?
[Dr Saeed Bagheri is Lecturer (Assistant Professor) in International Law at the University of Reading School of Law. He conducts research in the law on the use of force and international humanitarian law.] After three decades of being occupied by Armenia, the territories in and around Nagorno-Karabakh (NK), which make up more than 20 per cent of Azerbaijan’s territory were recaptured by Azerbaijan by 1 December 2020. At the end of the second war over NK, which erupted on 27 September 2020, a ceasefire agreement, brokered by Russia after a...
13 Dec Cold Comforters and Hot Law: What International Lawyers are Getting Wrong About the Ukraine Conflict
[John D. Haskell is a Senior Lecturer at the University of Manchester Law School and Junior Faculty at the Harvard Law School Institute for Global Law and Policy.] “I [find] myself in a spiral of uneasiness … [S]omething in the authors’ tone of voice, in their self-positioning [is] disturbing… I am troubled by the initial pairing of the notions of democratic government and undemocratic opposition…” These reservations were made by the Finnish diplomat and renowned international law scholar Martti Koskenniemi about the direction of international law and its reigning sensibility...20 Oct In Defence of the Defenceless
...Israel. In fact, in searching source material for this post, it became clear that statements that disregard the civilian status of Palestinians have been more common than those that disregard it for Israelis. Similarly, while the latter have been dwindling down and often faced swift pushback, the former are becoming more frequent and normalised, particularly in the media and political discourse. Palestinians have a right to self-determination and Israel has a legal obligation to comply with international humanitarian law – which includes its obligation to end its decades-long blockade/occupation of...
14 Jul Is Investor-State Dispute Settlement an Appropriate Forum for the Resolution of Investment Disputes Arising from Armed Conflicts? Part 1: Normative Conflicts and Consequences
and interests. Nature Numerous international investment law principles have obtained characteristics of a customary nature as they recognize and crystalize a minimum set of standards. In 1949, Leiden observed that these minimum standards are derived from one particular norm of general international law, namely that aliens are entitled to treatment that is free from intervention. This rule was traditionally regulated by the Law of Nations. The customary nature of this set of norms is reinforced by the International Law Commission (ILC) in the First report of the Special Rapporteur,...
14 Jul Is Investor-State Dispute Settlement an Appropriate Forum for the Resolution of Investment Disputes Arising from Armed Conflicts? Part 2: The Quest to Find a Just and Equitable Remedy
of international law as a substantive system of rules capable of shaping and influencing investment awards is conspicuously narrow. This is evidenced by the loosely defined references to international law in many investment treaties. The limited role of international law in ICSID disputes is evident from Article 42 (1) of the ICSID Convention, which recognizes the primacy of ‘such rules of law as may be agreed by the parties’, over international law rules. Unless the parties agree otherwise, the ICSID Convention expressly provides that tribunals shall apply the law of...
28 Aug International Criminal Justice’s Nostalgia
...has described as its “linear arrangements of history”(fn 73), and is pervasive in what Immi Tallgren has called the “power of images of international criminal justice”. The consequence of this linearity for Simpson is the “sidelining” of “the historical failure of international criminal law to address colonial crimes” as well as the “downplaying” or “misrepresentation of the complex relationship between international criminal law and sovereignty in a manner that conceals both its hegemonic tendencies and emancipatory potential.” Instances where the complete erasure of the former and tacit approval of the...29 Dec "Munich" and the Role of Law
...intriguing and, as best I can tell, missing from the movie reviews so far. That aspect is the morality play about the role of law in the conduct of war and the role of law in preserving the humanity of a killer. Law featured prominently in the movie through its absence. The early meeting with Golda Meir, the total secrecy of the mission, the lack of respect for codes of conduct, the flagrant and repeated violations of territorial sovereignty, the extrajudicial killings, the willful transgression of national and international laws....07 Nov Leticia & Pancho: The alleged historic precedents for unwilling or unable in Latin America, explored (Part I, Leticia)
firmly established in international law for the past 200 years. This is why, as the test’s articulation became more refined, its adherents have sought to find additional situations that may help confirm the suspicions borne by the Caroline, that the test was always part of international law, particularly if they occurred before the adoption of the UN Charter. To my knowledge, the most comprehensive list of incidents that would give support to the longstanding (pre-Charter) character of the unwilling or unable test is the appendix to Ashley Deeks famous article...