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

as the new Mearsheimer of humanitarian law, foregrounding the ways in which I emphasize the elasticity, if not malleability, of state interests. She also rightly makes note of my recurring tendency to break apart the so-called unitary position of states by highlighting the formative character of internal divisions, and how these eventually shaped their Geneva’s legal views, an approach inspired by Isabel Hull’s innovative scholarship on the laws of war during World War I.  Even though I am trained as an historian of Nazi occupation and international history, I am...

[André de Hoogh is Associate Professor in International Law, University of Groningen. He is a member of the Advisory Committee on Public International Law , which provides advice to the Dutch government and parliament; this contribution has been written in his personal capacity, and does not reflect in any way the views of the Advisory Committee. His research covers a wide range of topics in public international law.] In the last couple of weeks, NATO, EU, heads of government and ministers of foreign affairs and defence have been repeating a...

...Bell, Is there an e-mail address you can make available? I have a document (in Word) I put together on the Israeli/Hizbullah conflict I'd like to send to you. Thanks, 'Seamus' Avi Bell My contact information is available on the Bar Ilan Faculty of Law and Fordham Law School websites. AB Cassandra Well, if, as Seamus posits, Hezzbollah and the Lebanese govt have "joined forces" then when the next round of hostilities begin, given Hezzbollah's propensity to follow its puppet master's directions from Iran, Lebanon not be seen to complain...

Prize: Since 2007, the Lieber Society on the Law of Armed Conflict, an interest group of the American Society of International Law, has annually recognized a paper that significantly enhances the understanding and implementation of the law of war. The Richard R. Baxter Military Prize is awarded for exceptional writing in English by an active member of the regular or reserve armed forces, regardless of nationality. For this competition, the Law of War is that part of international law that regulates the conduct of armed hostilities. Papers may address any...

...authority in international law, it is necessarily the case, still under the rules of present-day international law, that “each State establishes for itself its legal situation vis-à-vis other States” (Air Service Agreement (1978) 18 RIAA 417, 443, para 81) and acts on that basis. The general position in international law is, in other words, that unilateral sanctions are permitted. But, as is reflected e.g. in common article 1(2) of the UN Human Rights Covenants, general international law prohibits sanctions in the extreme circumstance that a unilateral measure deprives a people...

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:...

[Brad R. Roth is a Professor of Law at Wayne State University in Detroit, Michigan, where he teaches international law, comparative public law, and political and legal theory] In “Beyond Empty, Conservative, and Ethereal: Pluralist Self-Determination and a Peripheral Political Imaginary,” Zoran Oklopcic gives an enlightening account of a set of related approaches to the international norm of self-determination of peoples. In this rendering, I have the honor of being cast as the representative of “Empty”: that is to say, my approach to international legal pluralism “empties” the self-determination norm...

impress a ‘non-first-use’ approach, the painful emphasis on the establishment of dominance hints at the non-self-defense exclusive nature of the USSF’s establishment. Section 14.10.3 of the US Law of War Manual further reaffirms that Article IV of the OST merely prohibits the placement of WMDs in full orbit, and not the placement of other space-based weapon systems. To this effect, it expressly cites anti-satellite laser weapons and other conventional weapons, which would include suborbital defensive systems such as the Terminal High Altitude Area Defense system, as not being subject to...

[Jonathan Turner is a barrister in London and Chief Executive of UK Lawyers for Israel (UKLFI) ] Practising advocates know that what is not included in reply submissions is usually more interesting than what is there. One of the omissions in the ICC Prosecutor’s recent Response on the issue of the Court’s territorial jurisdiction in respect of Palestine is that it does not address the argument made by the amicus, UKLFI, based on the rights of the Jewish people derived from the League of Nations Mandate for Palestine. Indeed, while...

...the communication shutdown in Kashmir. Instead, it directed the fresh publication of all orders, with the Review Committee reviewing all these orders. The reliance on Lord Diplock’s aphorism ‘you must not use a steam-hammer to crack a nut if a nutcracker would do,’ was, at least for the people of Kashmir, meaningless. A judicial review involves more than a mere declaration of the law. It requires the application of the law to the facts at hand. And the facts, quite simply, are that for more than 150 days, and even...

in regard to their international legal commitments. Applicable International Law Under international refugee and human rights law, specifically the 1951 Refugee Convention and its 1967 Protocol, States have an obligation to uphold the principle of non-refoulement. This principle prevents States from expelling or returning any refugee in “any manner whatsoever to the frontiers or territories where his [or her] life or freedom would be threatened.” Any person who qualifies as a refugee under the 1951 Convention is entitled to the right to non-refoulement. According to the Convention, a refugee is...

and ASIL annual memberships for their papers. Request for Assistance. Any person receiving this Call for Papers who is aware of an exceptional writing that meets the qualifications of this competition is requested to nominate the paper directly to the Lieber Society and forward this Call to the author of that paper. Definition of the Law of War . For this competition, the Law of War is that part of international law that regulates the conduct of armed hostilities. Papers may address any aspect of the law of war, including,...