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

28 Jun Rebranding Revisionism

...insofar as the approach sees the courts as agents of the domestic legal system, where “internationalists” see them as advancing the international order, as part of the global community of courts. I take the point, but the problem here is that everyone ultimately conceives themselves to be constitutionalist — in the sense of maintaining positions that are consistent with the Constitution —, even those who see federal courts as an entry point for the incorporation of international law. I don’t think the discursive high ground will be so easily captured....

08 Mar Samantar Asks for Supreme Court Review Again

so. Status-based immunity. Under international law, status-based immunity covers the current-holder of particular offices, generally limited to the so-called troika of head of state, head of government, and minister of foreign affairs. Conduct-based immunity. Under international law, conduct-based immunity covers officials not entitled to status-based immunity and to all former officials. (2) What?—i.e. what acts are covered by the particular immunity at issue? State immunity. Under international law, state immunity covers public acts (acta jure imperii) but not private acts (acta jure gestionis). Status-based immunity. Under international law, status-based immunity...