Search: Symposium on the Functional Approach to the Law of Occupation
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...05 Dec "Why Don’t You Just Execute Us?"
”Mr. Khalil, if you are going to leave the room, it will harm your client. The court will be obliged to appoint lawyers from the defense bureau.” Saddam: ”The court is allowing the witness to speak, but it does not allow the defense lawyers to defend. Is this the justice?” Judge: ”You will be heard.” Al-Dulaimi: ”We will not stop until we receive the full answer to the question we are concerned with.” Judge: ”We will give you enough time, regarding the refutation of the legitimacy of this court. This...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...07 Dec Secretary Rice, Torture, and the Meaning of Berlin
...adviser wrote in 2002 about why it is important to follow the path of international law, law that the U.S. itself had created over decades of practice: *It has high costs in terms of negative international reaction, with immediate adverse consequences for the conduct of our foreign policy.*It will undermine public support among critical allies, making military cooperation more difficult to sustain.*Europeans and others will likely have legal problems with extradition and other forms of cooperation in law enforcement, including brining terrorists to justice.*It may provoke some individual foreign prosecutors...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 Mar Cheng Book Roundtable: When Should a Court Not Decide (A Response to Professor Brown)
Mihai Martoiu Ticu == But should the Court have accepted a request that so clearly sought to use a court of law, whose legitimacy depends on it being perceived to offer neutral advice, for the political purposes of some states to engage in what we now call "law-fare"?== Is that not what happens in all lawsuits? If I believe that Johny has stolen my wallet and I ask a judge to give me my wallet back, I use a court of law, whose legitimacy depends on it being perceived to...