Search: Symposium on the Functional Approach to the Law of Occupation
17 Jun Prosecuting Aggression against Ukraine as an “Other Inhumane Act” before the ICC Part I: Prospects
[ Giulia Pinzauti is Assistant Professor of Public International Law at Leiden Law School’s Grotius Centre for International Legal Studies. Alessadro Pizzuti (Twitter: @Aless_Pizzuti) is the co-founder and co-director of UpRights .] The authors would like to thank Miles Jackson and Daniel Gryshchenko for their help and suggestions for this post. Introduction The ICC’s lack of jurisdiction over the crime of aggression committed by the leadership of the Russian Federation and Belarus against Ukraine has prompted several voices to advocate alternative avenues to address such a potential impunity gap, including...
20 Mar De-Christianizing International Law: US Politics and the Evangelical Legacy
[Ilias Bantekas is Professor of Law at Hamad bin Khalifa University (Qatar Foundation) and Adjunct Professor of Law at Georgetown University, Edmund A Walsh School of Foreign Service Andrew Dahdal is an Associate Professor at the College of Law and Legal Advisor in the Office of General Counsel at the College of Law, Qatar University] Modern international law is an outgrowth of the Westphalian system and European geopolitics. Through the West, international law is imbued with certain ideals stemming from the Christian faith and tradition. Notions such as ‘Blessed are...
08 Oct Rethinking International Law After Gaza Symposium: The Palestinian Genocide and the Colonial Core of International Law
[José Manuel Barreto works on decolonizing human rights and international law based on TWAIL and Decolonial Theory. He teaches law at the Javeriana University in Bogotá and will publish ‘Decolonial Theory and the History of Human Rights’ in 2025.] The Palestinian genocide has unveiled the deep colonial structure of the international legal order. The so-called Westphalian system has been inveterately depicted and legally defined in the UN Charter as one of ‘equal’ ‘sovereign’ ‘states.’ Against the black letter of positive international law, the Palestinian Genocide has made evident the material...10 Apr The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and Jus in Bello in the Contemporary Law of War.
applied concurrently with greater precision; and that international lawyers should consider whether the values that underwrite a “humanized” IHL and international human rights law alike should ever countenance limited exceptions to the axiom (e.g., in cases of humanitarian intervention or “transformative occupation”). Above all, my hope is that the article, for all its flaws, will help to revive a dialogue about the appropriate relationship between the traditional branches of the law of war in the twenty-first century—for these issues have been conspicuously (and, I think, dangerously) absent from that dialogue....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...