Search: Symposium on the Functional Approach to the Law of Occupation
22 May Political Philosophers Discover International Law
This year’s launch of the Journal of Philosophy of International Law and the International Political Theory Beacon reflects and will no doubt serve to prolong a rapid expansion of philosophical interest in international law during the last few years. Philosophy & Public Affairs, the leading English-language journal of moral and political philosophy has featured at least one article on international law and policy in each of its last eight consecutive issues, stretching back into 2004. The proliferation of articles discussing the regulation of armed conflict has a relatively clear source:...15 Jul The Necessity of Reciprocity: Eric Posner is Right (as Usual)
we believe in the rule of law, no law can possibly be construed to restrain us. And, by extension, if a law be so construed, just enact a new law to remove the constraint. David Golove Julian -- I'm perplexed by what you find "effective" in Posner's piece. In fact, as far as I can tell, it contains no argument at all, and, if anything, better supports the opposite conclusion from the one with which it begins. Posner is repeating his general view that states only comply with international law...
15 Dec Wind Farms in Indigenous Areas: The Fosen (Norway) and the Lake Turkana Wind Project (Kenya) Cases
litigated exclusively on domestic law, especially the Trust Land Act, which in Section 69 refers to tribal rights to land by virtue of African customary law (para. 100). The plaintiffs, who are nomadic pastoralists, claimed ancestral and customary rights (para. 101) that were conferred to the community as a whole to be enjoyed severally or individually. The Court confirmed their locus standi as affected tribes based on these rights (para. 105). The Court did notably not revert to international legal sources, although the plaintiffs referred to them. More specifically, the...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...16 Dec Events and Announcements: December 16, 2012
Calls for Papers The Program on Information Justice and Intellectual Property and Center for Human Rights and Humanitarian Law, American University College of Law; the Intellectual Property Law Center, Drake University Law School; the Center for International and Comparative Law, Duke University Law School; the Institute for Information Law and Policy, New York Law School; and the Committee on International Intellectual Property, American Branch of the International Law Association are co-sponsoring a Conference and Roundtable on Intellectual Property and Human Rights on February 21-22, 2013 at the American University Washington...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!...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 Mar Mea Culpa Regarding Israel’s Attacks on Hezbollah in 2006
...Nicaragua) was that there was no right of self-defence against a non-state actor whose attacks were not in some way attributable to a state. As for Caroline, I'll simply repeat what the International Law Commission said in its ASR Commentary (p. 196): 'The Caroline incident of 1837, though frequently referred to as an instance of self-defence, really involved the plea of necessity at a time when the law concerning the use of force had a quite different basis than it now has.” Kevin Jon Heller Another good article discussing the...07 Apr Jurisdictional Problems Everywhere
Homework, people, homework: Bangladesh may request the International Criminal Court to put on trial Pakistani forces for alleged war crimes, a top official said Tuesday. ‘We will take the matter to the International Criminal Court and seek the trial of the members of the Pakistani occupation forces who committed crimes against humanity during our liberation war,’ State Minister for Liberation War Affairs, AB Tajul Islam, told German Press Agency dpa. The alleged perpetrators of the atrocities among the Pakistani forces were not in Bangladesh now, so Dhaka needed international assistance...09 Dec Guest Post: The Courts’ Misunderstanding of IHL is Deeper than You Think – A Response to Kevin Jon Heller
[Eric C. Sigmund is a legal advisor for the international humanitarian law program at the American Red Cross. He is a 2012 graduate of Syracuse University College of Law and the Maxwell School of Citizenship and Public Affairs at Syracuse University. All opinions expressed in this article are solely those of the author and should not be attributed to the American Red Cross.] Recently, Kevin Jon Heller published a short piece on Opinion Juris entitled Why Can’t US Courts Understand IHL? The piece, which addresses Al Warafi v. Obama, suggests...