Search: Symposium on the Functional Approach to the Law of Occupation
24 Sep Symposium on Protest and Legal Mobilization: Undermining the Right to Protest by Weaponizing Antisemitism
[Jeff Handmaker is an Associate Professor of legal sociology at Erasmus University. Anya Topolski is an Associate Professor of ethics and political philosophy at Radboud University Nijmegen. Yolande Jansen is a philosopher at University of Amsterdam and Socrates Professor of humanism at Free University Amsterdam. Michiel Bot is an Associate Professor of law and humanities at Tilburg University.] The global wave of protest has not been without reason. Israel has been charged with genocide in the International Court of Justice, charges that hundreds of scholars of genocide, holocaust and international...10 Apr Response to The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and the Jus in Bello in the Contemporary Law of War.
Thanks to the editors of Yale Journal of International Law and the hosts of Opinio Juris for the opportunity to comment on Rob Sloane’s terrific article, The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and the Jus in Bello in the Contemporary Law of War. The piece is, in my view, essential reading for law of war scholars. I find myself in broad agreement with much of Sloane’s analysis so in my necessarily brief comments I offer a series of questions aimed at clarifying or strengthening his...10 Feb U.S. Federal Aviation Agency Issues Letter Authorizing(?) Creation of Private Moon Base
...I suggest that you read the most adavanced learned commentary on space law, the Cologne Commentary on Space law, edited by Stephan Hobe/Bernhard Schmidt-Tedd and Kai-Uwe Schrogl, Colgone 2011 and 2014 as well as 3rd volume forthcoming in 2015, particularly the commentary to article II of the Outer Space Treaty and the article 11 of the Moon Agreement commentary. Than you will see that the existing legal regime does indeed allow the exploitation of lunar resources. Best regards Stephan Hobe Professor of Air and Space Law University of Cologne, Germnany...06 Jun Should the U.S. Approve a Commercial Moon Mining Venture?
...constructing a clear multilateral legal regime. International law can play an important role in this burgeoning field. Rather than attempting to ban such mining enterprises, international law can provide a framework so that such ventures can have greater certainty and better assess risks, as well as have certain limits on their activities. A multilateral agreement can recognize the property rights of companies extracting resources, define where resources can and cannot be extracted, define a regime of noninterference among mining ventures (there are broader noninterference norms in the existing OST and...11 Nov Would Secession by California and Oregon Be Legal?
...in its own internal arrangements, is entitled to the protection under international law of its territorial integrity. In other words, international law guarantees to every state its “territorial integrity” and it can’t be overridden by “self determination” unless serious freedoms or discrimination against residents in the seceding region are being infringed. Moreover, this right has generally only been exercised by states under colonization or foreign occupation. The right might also exist if the state is facing the threat of egregious human rights violations (e.g. Kosovo), but the right in even...16 Dec “If Palestine is a State”: the Two-State Solution and Palestine’s Position in the Westphalian Myth
...and inescapable unit of analysis in international law is the sovereign Westphalian nation-state. In this mythos, a system of European states, ravaged by religious wars, gathered in Westphalia, the “holy birthing place” of international law, to produce treaties that “above all set out to protect states’ independence from intervention by outsiders”. This key idea of nascent religious tolerance (“cuius regio, eius religio”, or roughly, “to each kingdom, its own religion”) therefore fundamentally changed the world leading to what we know as the Westphalian Tradition in international law: each state protects...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!...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...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...