Search: Symposium on the Functional Approach to the Law of Occupation
18 Feb Guest Post Part II: The Chilcot Inquiry–The Publication Saga of an Official History
[Charlotte Peevers is a Lecturer in Law at the University of Technology, Sydney and author of ‘The Politics of Justifying Force: the Suez Crisis, the Iraq War, and International Law‘ (Oxford University Press: 2013). Part one of this guest post can be found here.] Legal-Political Authority and International Law Any review of the inquiry hearings would be incomplete without a word from Tony Blair. In this extract from his so-called ‘recall’ to the inquiry on 21 January 2011 Sir Roderick Lyne asks him about his statement to the House of...17 Oct State Practice regarding Self-Defence against Non-State Actors: An Incomplete Picture
actions of some actors are given more weight due to factors that are completely arbitrary and unrelated to international law, such as linguistic limitations and/or access to documentation. This is something that has been already noted in the past, particularly with the use of force regime, and it’s a problem that is receiving increasing attention since the past year. Hopefully, as international law outlets become more diversified both culturally and geographically, this will slowly begin to change. In this regard, I am happy to see OJ itself taking the lead!...23 Jan Will China Participate in the UNCLOS Arbitration with the Philippines?
Philippines to use this signal. China is confronted with a situation that reminds me of the US with regard to Nicaragua at the ICJ or even the Medellin space. How in conformity with rule of law will China act - and what does rule of law mean in this setting. Best, Ben Kristen Boon Annex VII to the Convention provides some points of reference with regards to: (i) selection of arbitrators (Para. 3), and (ii) what happens if China fails to defend its case (Para. 9). Of particular note is...31 Dec Events and Announcements: December 31, 2017
by e‑mail. Frankfurt Investment Law Workshop 2018: International Investment Law and Constitutional Law (9-10 March 2018). For many years, the Frankfurt Investment Law Workshop – jointly organized by Rainer Hofmann (Frankfurt), Stephan W. Schill (Amsterdam), and Christian J. Tams (Glasgow) – has been a forum for the discussion of foundational issues of international investment law. The 2018 workshop addresses the increasingly relevant relationship between international investment law and constitutional law. While both fields, for a long time, have kept maximum distance to each other, they are beginning to interact as...11 Oct Events and Announcements: 10 October 2021
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 are also...
21 May Is Aggression a Leadership Crime? Revisiting Nuremberg Principles
those who violate the laws of war “cannot obtain immunity”; individuals are criminally responsible if they comply with orders which are “in violation of the International Law of war”. These statements convey the message that all individuals in the world (not only leaders) have an international duty not to commit the crimes proscribed by the IMT Charter, i.e. aggression, war crimes and crimes against humanity. Note that these three statements appear in a section of the judgment entitled “The Law of the Charter”, a section which essentially consists of considerations...21 Jan Oaths of Office in the United States
...in the history of maritime flag usage – not irrelevant, to be sure, in the history of a maritime nation.) Flag worship gets a significant boost in the Civil War; both the stars and stripes and the stars and bars are functionally battle flags. Flag worship really takes off with America’s first overtly imperial acquisition – the Philippines – and the various laws regarding treatment of the flag mostly date to the First World War and the massive effort made by the Wilson administration to whip up sentiment for the...27 Feb Chinese Victims of Forced Labor Sue Japanese Companies in Chinese Courts; They Might Even Win
In a legal wrinkle to the ever-worsening Sino-Japanese relationship, the Chinese government has now publicly backed a lawsuit filed in Beijing courts against Japanese companies that used Chinese citizens as forced laborers during World War II. The lawsuit names Mitsubishi Materials Corporation and Mitsui Mining and Smelting as defendants and asks for compensation of 1 million yuan ($163,000) for each defendant as well as apologies in the Chinese and Japanese languages to be placed with the country’s major media outlets. Japan’s government has already opposed these lawsuits, saying that any...10 Sep The Problems with “Criminal Membership”
...it is for the court to decide if the underlying Law of Nations being defined actually exists. Congress used a term "Conspiracy" and some language that is very similar to the domestic criminal definition. We are all agreed that that type of Conspiracy does not exist in international law. So the CMCR then enumerates dozens of prior cases where Military Commissions and International Tribunals have tried something they also called "Conspiracy" (though defined differently), and some things that are similar to conspiracy, or are "membership" offenses, to suggest that there...
10 Mar Characterizing War in a Trade Context
The letter of 4 March 2022 does not provide a legal justification for condemning the Russian Federation, nor the decision to exclude Russia from its participation in the Developed Countries Coordinating Group. WTO PANELS HAVE RESISTED CHARACTERIZING LEGAL EVENTS AS VIOLATIONS OF INTERNATIONAL LAW The 2019 Russia-Ukraine trade dispute, Russia-Measures Concerning Traffic in Transit dispute (the DS512 dispute) was the first dispute to formally analyse the invocation of Article XXI. Yet, this report offers more than an analytical framework for approaching the trading rule/security exception dichotomy. Less discussed than the...