Search: Symposium on the Functional Approach to the Law of Occupation
21 May Annexation in the Shadow of the Law–Part I
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...29 Mar Opinio Juris On-Line Symposium: Challenges to Public International Law
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...18 May Symposium: Rule of Law, Internationally
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...21 Feb Symposium: The Trump Administration and International Law–Policy in the Shadow of International Law
[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at George Washington University Law School.] In International Law in the Trump Administration, Harold Hongju Koh has articulated a bold vision of the role that international law can play (and to some extent is playing) during the current administration. Unlike some critics, he does not argue that the administration is inevitably destined to completely abandon or ignore all international law frameworks, although he does express serious concerns that Trump policies may seek to undermine or dismantle important international institutions...15 Nov International Legality – A Response to Hathaway & Shapiro
refer to US law or domestic law more generally in their account of the enforcement of international law. That standpoint needs to be justified if it is used to develop a conception of law that is ‘paradigmatic of all instances of law in the modern world’ (345). More generally, there are well-known methodological dangers in devising a concept of law in the light of current legal circumstances. The concept’s necessary normative and critical function becomes difficult to justify. These are classical jurisprudential problems but they become even more sensitive when...
25 Jun Out of Place? Being Anti-Colonial in Law School
...on the article I promised to showcase in this post. How do and how should professors of international law teach their subject? What do we say to students motivated by anti-colonial struggle? Do Black lives matter… in international law? I deliberately posed a ‘should’ question to force myself to reflect on the normative implications of whichever approach we select. Scholars of municipal law have long debated the politics of pedagogy, whether through the lens of the tactical—Socratic, problem-based, or flipped classroom models—or the political: doctrinal, critical, or feminist approaches. Publicists are latecomers...18 Jan Another Round on IHL and IHRL
...take what they say with a grain of salt. Their decisions are surely evidence of the law, but not law. Scholars and diplomats often pick and choose what they like from them and dismiss the rest because often their analysis, particularly of customary international law, is so weak and cherrypicked. IHL and IHRL complementarity is an area ripe for such picking and choosing because it is assumed to be the law, not demonstrated to be the law by careful treaty interpretation or thorough analysis of state practice (and opinio juris)....