Search: Symposium on the Functional Approach to the Law of Occupation
22 Jan [Kevin Bangs Head on Table Repeatedly]
...Vietnam: They must see Americans as strange liberators. The Vietnamese people proclaimed their own independence in 1945 after a combined French and Japanese occupation, and before the Communist revolution in China. They were led by Ho Chi Minh. Even though they quoted the American Declaration of Independence in their own document of freedom, we refused to recognize them. Instead, we decided to support France in its reconquest of her former colony. Our government felt then that the Vietnamese people were not “ready” for independence, and we again fell victim to...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...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...
13 Nov Symposium on Erin Pobjie’s Prohibited Force: Scoping out the Prohibition on the Use of Force in Anomalous Situations
has limits under contemporary international law. As Adil Haque puts it “Under the law of self-defense, even a legitimate aim must be set aside if it is outweighed by the harmful effects of the force necessary to achieve it.” As is well known to readers of this blog-site there are attempts to infuse the law of self-defence with old ideas from the law of neutrality. The suggestion is that, where a state is unwilling or unable to deal with threats emanating from its territory, the law of self-defence would allow...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...14 Aug Call for Papers – 2010 ASIL Lieber Society Military Prize
and ASIL annual memberships for their papers. Request for Assistance. Any person receiving this Call for Papers who is aware of an 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,...
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...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...