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

...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....

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...

...Montevideo Convention, categorically expressing that “[n]o state has the right to intervene in the internal or external affairs of another” and that “[t]he territory of a state is inviolable and may not be the object of military occupation nor of other measures of force imposed by another state directly or indirectly or for any motive whatever even temporarily”. The outcome of World War II, however, changed how the US approached Inter-American security. At Dumbarton Oaks, it supported a global system, led by the Security Council, not regional agreements. Chapter VIII,...

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...

[Professor Gregory Gordon is Assistant Professor of Law at the University of North Dakota School of Law. Anne Kjelling is Head Librarian at the Norwegian Nobel Institute.] We would like to thank Professor Roger Alford, the Virginia Journal of International Law and Opinio Juris for inviting us to participate in this online symposium. Professor Alford is to be congratulated on his insightful piece regarding the impact of the Nobel Peace Prize on the development of international law. The article analyzes 20th Century global norm formation through the revelatory filter of...

[Mais Qandeel is a Senior Lecturer of International Law at Örebro University, Sweden. She holds a Ph.D. in international humanitarian law from the University of Fribourg, Switzerland.] Introduction Israel fully controls the Palestinian cyberspace and information and communications technologies (ICTs) infrastructure. It only allows the use of 3G in the West Bank and 2G in the Gaza Strip. In its current war, Israel has been constantly imposing internet shutdowns and communications blackouts in Gaza. Israel carries out these acts as it imposes a complete siege/blockade, using starvation as a weapon...

...shaped their conduct? Have at least portions of the Yale faculty have been seduced by the “better war” myth — the notion that to win wars of occupation inside the Muslim World, the trick is to put the right general in charge and tweak the tactics of counterinsurgency with clever political science theories that win hearts and minds? I don’t know what I find more distressing: Yale’s willingness to offer such a course or students’ willingness to take it. I just hope that the course finds its Bradley Manning —...

...those that support the aims of the organization from within, and did not “just” participate in daily life by looking after their families and potentially pursuing an ordinary occupation. Interestingly, Sibel H., lived in the same area occupied by ISIL as Mine K. and Peter Frank, the Head of the Office of Federal Public Prosecutor, remarked that investigations against Sibel H. have no yet been concluded, suggesting that another arrest warrant may be sought from the Federal Supreme Court in the future on the basis of Section 9 (1) CCAIL....

...and Golda Meir vocally opposed apartheid and built alliances with black leaders in newly independent African nations. South Africa, for its part, was controlled by a regime of Afrikaner nationalists who had enthusiastically supported Hitler during World War II. But after Israel’s occupation of Palestinian territories in 1967, the country found itself estranged from former allies and threatened anew by old enemies. As both states became international pariahs, their covert military relationship blossomed: they exchanged billions of dollars’ worth of extremely sensitive material, including nuclear technology, boosting Israel’s sagging economy...

[Andrea Mensi is a postdoctoral researcher in public international law at the University of Lugano and adjunct professor at the University of Milan; he is an attorney at law admitted to the Milan Bar.] Introduction While the international community is still debating about whether to recognize a government led by the Taliban, there are further critical issues to consider, such as the management of the natural resources in Afghanistan and the rights of the Afghan people with respect to those resources. At the time of writing this post (30 September...

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,...

and the Air Transport Association of America and Others v Secretary of State for Energy and Climate Change, (Case C-366/10, 2011, paras 101-111) the European Union is bound by international law, including customary international law. However, to consider customary international law as a benchmark against which the lawfulness of EU acts can be reviewed, the rule should be binding on the European Union, with its content sufficiently precise. Nonetheless, in this case, the Court fails to apply international law since it does not seem to understand the distinction between the...