Search: Symposium on the Functional Approach to the Law of Occupation
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)....10 Dec Interview: Martti Koskenniemi on International Law and the Rise of the Far-Right
rights law: it is just a statement that human rights law is different from international law. International law had to do with supporting states, whereas human rights see states as the enemy. The 1960s also saw the very robust and complex emergence of trade law, first in the GATT, then in the World Trade Organisation. So trade lawyers are people who move about in the context of trade and the globe. But justice and the good life is mostly created in the context of smaller communities, like states and often...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...02 Feb Rob Howse on the Future of American Legal Education
Nor does it mean that legal education is generally better in the US than in other countries. I am also skeptical of Rob’s belief that foreign law students represent a vast and largely untapped market for American law schools. His point about the greater value of a JD on the international market is well taken; my law school, Melbourne, recently shifted to a JD-only model precisely in order to maximize the international marketability of our law graduates. I also agree that a graduate law degree can be a significant draw...12 May Whither the (U.S.) International Law Academic?
idiosyncratic; as law schools start to move away from uniform aspirations, a case could be made that certain law schools should become more focused on international law by virtue of their history, geography, or market placement at the same time as other law schools’ circumstances make the case for devoting less attention to international law. What do readers think? Is there any hope for someone trying to get a U.S. law teaching job in international law in 2014-15? Are there alternative places candidates should look if, in fact, U.S. law...
11 Oct Rethinking International Law After Gaza Symposium: Unlawful Occupation as Ongoing Aggression – Rethinking Legal Responses in the Context of Palestine
processes used to enforce international law. The Nexus Between Unlawful Israeli Occupation and Aggression: Revisiting the ICJ’s Findings The ICJ’s advisory opinion on the unlawfulness of Israeli occupation of Palestine presents a compelling case for recognising this occupation as an act of aggression. The Court emphasised that occupation inherently involves the continuous use of force in foreign territory, governed by jus ad bellum-the body of international law that governs the legality of the use of force. This conclusion is critical. Under the United Nations General Assembly’s (UNGA) definition of aggression...21 Jan Are the Israeli Settlements “War Crimes”?
Etienne Henry Dear Mr Ku, I have recently been writing a paper on related questions so I think I am in a position to provide you some useful information. 1. It is, to my knowledge, recognized that law and politics are non exclusive categories (already see, e.g., Hans Morgenthau, « The Machiavellian Utopia », AJIL 55, 1945, p. 145). Therefore it is pointless to pretend that claiming that a political argument is supported by law would undermine the law. Claiming that the settlements are lawful or unlawful is a legal...