Search: Symposium on the Functional Approach to the Law of Occupation
08 Apr Gaza Amendments to Israel’s “Unlawful Combatants Law” are Inconsistent with International Law
IHL where it is imperative or absolutely necessary for security reasons, yet the Law fails to specify on what grounds Israeli forces may detain for the purpose of bringing the person before an officer. Since the Law is relied upon as the basis of detention under Israeli law, including to protect the Basic Law right to liberty, detention must be duly authorized by domestic law and cannot be somehow implicitly based on uncodified IHL authority alone. Secondly, the grounds for issuing a temporary detention order are not consistent with IHL....29 Oct What Does China Mean When It Celebrates the “International Rule of Law”?
is often translated as “rule of law” but could also be translated as “rule by law”. Indeed, there is a traditional Chinese “Legalist” tradition that thinks of law as an instrument for ruling society, but less so as a constraint on lawmakers and government. Most China-watchers would probably say that “rule by law” is a more accurate translation of what the Chinese Communist Party means when they call for the promotion of the “法治” (fazhi) in domestic reforms, since most expect the Party to remain effectively above the law for...20 Jul The Harvard Law School Version of International Law Curriculum
Law who has ever actually practiced international law (as opposed to flatulating on the pages of the New York Times or other eminent scholarly publications), I am unaware of it. Andy Bolen And that's why I'm at UChicago Law... where 1Ls get to take Eric Posner for PIL. Take that, Ivy League. Paul Stephan Roger: You don't consider international trade law a basic and important course? It's taught by a quite wonderful tenure track professor, as is International Humanitarian Law. International Finance is taught by a senior and prominent tenured...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...
12 Jun Prize Law Revisited: Between Permission and Regulation
...archaic nature of prize law, the example of the Israeli prize court, operating out of Haifa District Court, demonstrates a further issue. Applying an unorthodox and overly facilitative interpretation of the law of blockade, the Haifa court provides continued legal cover for what the International Court of Justice has deemed an unlawful occupation (see also UN General Assembly’s endorsement of the Court’s findings here). For a blockade to be lawful in international law, it must not be intended or have the effect of inflicting starvation or causing disproportionate harm to...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...