Search: Symposium on the Functional Approach to the Law of Occupation
16 May The U.S.-Taiwan-China Relationship and the Evolution of Taiwan Statehood
[Lung-chu Chen is an internationally recognized scholar and Professor of Law at New York Law School, specializing in international law, human rights, and the United Nations. He is the author of The U.S.-Taiwan-China Relationship in International Law and Policy (Oxford University Press , 2016), and An Introduction to Contemporary International Law: A Policy-Oriented Perspective, Third Edition (Oxford University Press , 2015). ] On May 20, 2016, Tsai Ing-wen will be inaugurated as the first female president of Taiwan. Tsai is the first member of the Democratic Progressive Party (DPP) to...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
role of recognition in the law and practice of session” in Marcelo G. Kohen (ed.), Secession: International Law Perspectives (Cambridge University Press, 2006), p. 136. Israel is not Palestine’s parent state. However, an argument could be made that Palestine’s title to the territories occupied since 4 June 1967 compensates for the lack of effective governmental power over all its territories (such as Area C) given that the lack of such control is the result of unlawful conduct by Israel. For five decades, the Government of Israel has persistently refused to...06 Apr Spoils of War and The Golden Tablet of Ishta Temple
...returned some, but not all, of the objects in 1957…. The estate claims that under the applicable laws of the Soviet Union … cultural property taken by Russian troops during the occupation of Berlin after World War II was lawfully transferred from one sovereign to another and that this taking of the gold tablet by Russian troops extinguished the rights of the museum pursuant to international law. Thus, a party subsequently acquiring the tablet could obtain good title and transfer good title to others. The museum maintains, however, that the...21 Jul Bernstein, Israel, and White Phosphorous
the post: Her presentation of the relevant facts and relevant international law is tendentious in the extreme [Gaza, with not a single Israeli soldier or civilian, is “occupied?” Israel “transferred” its population to the West Bank? Using white phosphorous to illuminate targets violates international law?]. She accuses Israel of apartheid. She consistently refers to the wars in Lebanon and Gaza as “Israel’s wars,” even though, obviously, they were fought against foes that were launching cross-border attacks against Israel’s civilian population and which declare themselves to be at war with Israel....
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
[Lior Weinstein is a fourth-year student of Law and Hebrew literature (LLB and BA) and an LLM student in international law from the Hebrew University, Jerusalem and part of its international law forum.] In this blog post, I will present a new development in Israeli case law – the recognition of transitional justice (TJ) in the property law context. This exciting development is the first time TJ was so recognized, a recognition that can be further developed in many other contexts. TJ can and should play an important role in...22 Nov Lieber Society Military Prize
Request for Assistance. Any person receiving this Call for Papers who is aware of 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, but not limited to the use of force in...
29 Apr Symposium on Boyd van Dijk’s Preparing for War: Boyd van Dijk’s Response
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...
08 Mar Debunking the Role of International Law in the Ukrainian Conflict
steps to align its domestic law and framework with international criminal law standards (including the adoption of Bill 2689 (which still needs Presidential approval), and the creation of a War Crimes Unit and investigative unit), has already seen some conflict-related crimes convictions, and can, in principle and depending on how the conflict develops, continue its investigations and prosecutions. International law may not itself deter Putin from continuing his invasion in Ukraine, but the international community (with the support of the Ukrainian government) is harnessing international law to respond to the...18 Nov Call for Submissions / Nominations: The Francis Lieber Prize
the time of submission may be nominated for this prize. Works that have already been considered for this prize may not be re-submitted. Entries may address topics such 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...02 Feb Distinguishing Guantanamo
David Glazier, a former naval officer and current research fellow at UVA’s Center for National Security Law takes issue with my claim that due process rights in Guantanamo may lead to due process rights at other U.S. military bases overseas. He writes: Having spent extensive time at overseas naval bases (I was stationed at Yokosuka, Japan for 20 months and have visited Guantanamo (GITMO) three times, most recently as the commandingofficer of a frigate in early 2001), I can tell you there are MAJOR differences between our use of GITMO...