Search: Symposium on the Functional Approach to the Law of Occupation

[ Yilin Wang is a PhD candidate in International Law at the Graduate Institute and a research assistant of the China, Law and Development Project at the University of Oxford.] On 16 September 2021, Armenia instituted proceedings against Azerbaijan before the ICJ on the grounds of racial discrimination, hatred and ethnic cleansing against individuals of Armenian ethnic or national origin in light of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). A week later, Azerbaijan raised a counterclaim against Armenia before the Court for its...

type of warfare and have the characters playing the same role as the audience – they are watching events unfold on screen. In this regard, they are more immersive as a viewing experience and present a new form of law, ethics and proportionality to viewers. These films do reinforce existing narratives in international law, however they place the viewer in the position of decision makers. The films complement each other well but adopt different approaches when presenting a similar ethical conundrum of the collateral cost of action. Introducing Good Kill...

...properly described as skeptical of yielding "sovereignty to an unruly and unpredictable global community"? Do you disagree that there are those who are committed in the abstract to the idea of international law, but functionally ignorant of the doctrinal details and substantive law? Or do you think everyone who subscribes to progressive orthodoxy is ipso facto "well educated" and a serious scholar of international law? Do you? Do you disagree that "progressive" intlawyers can be guilty of self-aggrandizement when they equate their opinions with that of "the international community"? International...

...force in the context of maritime law enforcement (MLE) and the possible application of the law of naval warfare (LONW) in similar incidents, with a specific focus on the Jersey Incident on 6 May. Thus, the current fisheries dispute between France and the UK is not included in this paper. The first part will present the conditions of the lawful use of armed force during MLE operations, with examples from the case law. Next, the second part will look for an answer to the question of whether LONW would be...

[Brad R. Roth is a Professor of Law at Wayne State University in Detroit, Michigan, where he teaches international law, comparative public law, and political and legal theory] In “Beyond Empty, Conservative, and Ethereal: Pluralist Self-Determination and a Peripheral Political Imaginary,” Zoran Oklopcic gives an enlightening account of a set of related approaches to the international norm of self-determination of peoples. In this rendering, I have the honor of being cast as the representative of “Empty”: that is to say, my approach to international legal pluralism “empties” the self-determination norm...

[John Quigley is Professor Emeritus at the Moritz College of Law, The Ohio State University.] In her Request to the Pre-Trial Chamber for a ruling on territorial jurisdiction, the Prosecutor raises the issue of Palestine’s statehood as a matter to be determined by the Pre-Trial Chamber. She writes, persuasively, that Palestine is a state. The matter was conclusively determined already by the General Assembly in its Resolution 67/19 of 29 November 2012. Palestine had long had an observer mission at the United Nations. Entities that have observer missions can be...

obvious than they are. Basically, the clauses found their way into the constitution because they were something each constituency could agree on. They all liked them, they all wanted to include them, and there was as a result very little discussion on most of them. Other than one concerning family law, that is, which really was an attempt to introduce notions of Islam into the law of the family, but the Islamists couldn’t do it directly, so they made it into a “right” of each person to choose their own...

part of an attempt to reconstruct the law on the use of force? There is no doubt that in the present situation, military strikes against Syria would be in violation of international law as it has been understood since 1945. In situations as we face now, in the absence of a Security Council mandate, international law allows no unilateral use of force. Building a coalition outside the UN does not help. Qualifying strikes as punishment does not help either. International law does not provide a right of states to respond...

Academic books that have long quotes in foreign languages and don’t provide translations of them — even in the footnotes. I’m reading Eyal Benevisti’s superb The International Law of Occupation, and there is French everywhere. I can usually get the gist (thanks, Mrs. Armour, for being such a good Latin teacher!), but I’m sure I lose the nuance. That is very unfortunate, and it makes me far less likely to cite the book in my own. Accuracy matters, particularly when it comes to doctrine. So we all — the author,...

[Neve Gordon is a professor at the School of Law, Queen Mary University of London, a Fellow of the British Academy of Social Sciences and the former Chair of the British Society of Middle Eastern Studies’ Committee on Academic Freedom. He is the author of Israel’s Occupation (University of California Press 2008) and co-author of The Human Right to Dominate (Oxford University Press, 2015), Human Shields: A History of People in the Line of Fire (University of California Press, 2020). Muna Haddad  is a Palestinian human rights lawyer and a PhD candidate at the School of Law,...

[Dr. Giuliana Rotola is a space law and policy specialist whose work spans sustainability, governance, Indigenous methodologies, and post-colonial approaches to space norms. She is fellowship coordinator at the Palestine Space Institute.] Earth Observation as Witness to Systematic Destruction International law defines genocide as acts committed with the intent to destroy a protected group. Amnesty International’s December 2024 report argues that Israel’s offensive on Gaza includes such prohibited acts, like mass killings, severe harm, and life-destroying conditions, showing a clear intent to destroy Palestinians. Framed by longstanding dispossession, apartheid, and...

...Jerusalem for non-payment and instigating lawsuits abroad through its own parastatal agents. Like any other state, Palestine should assert its statehood and international standing in the normal course of events, while pursuing its own claims against Israel's foreign assets in the courts of every single country that has recognized it. There have been reports which indicate the Palestinian Authority has over a billion dollars in frozen accounts around the world as a result of lawsuits. So, it would definitely be in Palestine's best interest to have its own foreign sovereign...