Search: Symposium on the Functional Approach to the Law of Occupation
15 Nov International Legality – A Response to Hathaway & Shapiro
refer to US law or domestic law more generally in their account of the enforcement of international law. That standpoint needs to be justified if it is used to develop a conception of law that is ‘paradigmatic of all instances of law in the modern world’ (345). More generally, there are well-known methodological dangers in devising a concept of law in the light of current legal circumstances. The concept’s necessary normative and critical function becomes difficult to justify. These are classical jurisprudential problems but they become even more sensitive when...02 Feb Rob Howse on the Future of American Legal Education
Nor does it mean that legal education is generally better in the US than in other countries. I am also skeptical of Rob’s belief that foreign law students represent a vast and largely untapped market for American law schools. His point about the greater value of a JD on the international market is well taken; my law school, Melbourne, recently shifted to a JD-only model precisely in order to maximize the international marketability of our law graduates. I also agree that a graduate law degree can be a significant draw...12 May Whither the (U.S.) International Law Academic?
idiosyncratic; as law schools start to move away from uniform aspirations, a case could be made that certain law schools should become more focused on international law by virtue of their history, geography, or market placement at the same time as other law schools’ circumstances make the case for devoting less attention to international law. What do readers think? Is there any hope for someone trying to get a U.S. law teaching job in international law in 2014-15? Are there alternative places candidates should look if, in fact, U.S. law...
11 Oct Rethinking International Law After Gaza Symposium: Unlawful Occupation as Ongoing Aggression – Rethinking Legal Responses in the Context of Palestine
processes used to enforce international law. The Nexus Between Unlawful Israeli Occupation and Aggression: Revisiting the ICJ’s Findings The ICJ’s advisory opinion on the unlawfulness of Israeli occupation of Palestine presents a compelling case for recognising this occupation as an act of aggression. The Court emphasised that occupation inherently involves the continuous use of force in foreign territory, governed by jus ad bellum-the body of international law that governs the legality of the use of force. This conclusion is critical. Under the United Nations General Assembly’s (UNGA) definition of aggression...21 Jan Are the Israeli Settlements “War Crimes”?
Etienne Henry Dear Mr Ku, I have recently been writing a paper on related questions so I think I am in a position to provide you some useful information. 1. It is, to my knowledge, recognized that law and politics are non exclusive categories (already see, e.g., Hans Morgenthau, « The Machiavellian Utopia », AJIL 55, 1945, p. 145). Therefore it is pointless to pretend that claiming that a political argument is supported by law would undermine the law. Claiming that the settlements are lawful or unlawful is a legal...
29 Oct Fifth Annual Symposium on Pop Culture and International Law: “Is Truth Unchanging Law?” – Jesus Christ Superstar Through the Lens of Modern International Law
Hague Regulations, which charges an Occupying Power to restore and ensure public order and civil life while respecting existing laws “unless absolutely prevented”, and in the Fourth Geneva Convention’s protections for civilians. In other words, public order is a duty, but it is disciplined by legality and the continuity of local law. The Sanhedrin’s instinct in the musical – “Quick, Caiaphas, go call the Roman guard” – perfectly illustrates the relevance of occupation law. Modern practice layers international human rights law onto this IHL framework, especially for the activities of...
03 May Soldier Self-Defense Symposium: Personal Self-Defense in International Law–A Norm in Search of its Normative Foundations?
the State to which they belong from individual or State responsibility under international law. Consequently, personal self-defence cannot be left purely to domestic law. The difficulty with the latter position is that it proves too much: broad claims of a right to personal self-defence cannot be derived from the jus ad bellum or from international human rights law. This is not to suggest that robust action defensive action has no legal basis in international law. Nothing prevents a State from relying on the law of armed conflict to authorize the...10 Jan Two Thoughts on Manuel Ventura’s Critique of Specific Direction
narrower understanding of the crime for the purposes of domestic law (just like many states define other international crimes differently at domestic law as compared to international law) or they could be seen as persistent objectors. The STL’s approach to custom is not “poorly understood by academia.” On the contrary, scholars understand it all too well — which is why they have almost uniformly rejected it. Put simply, the decision is profoundly methodologically confused, as Manuel’s own summary of its analysis confirms. The problem is the “common elements” approach itself....02 Apr What do we mean by the Transnationalization of Private Law?
More importantly, at least in public international law, they have never been able to kill the other sources of law. This diversity in the sources of law was the Grotian system which before the time of the great codifications in Europe also prevailed in private law. So what we see now is the re-emergence of the older universal system of law formation which is in method the same for public and private law. Of course the substance of this law is quite different from what went before. How such law...