Search: Symposium on the Functional Approach to the Law of Occupation
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...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...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...
24 Sep Symposium on Protest and Legal Mobilization: Undermining the Right to Protest by Weaponizing Antisemitism
[Jeff Handmaker is an Associate Professor of legal sociology at Erasmus University. Anya Topolski is an Associate Professor of ethics and political philosophy at Radboud University Nijmegen. Yolande Jansen is a philosopher at University of Amsterdam and Socrates Professor of humanism at Free University Amsterdam. Michiel Bot is an Associate Professor of law and humanities at Tilburg University.] The global wave of protest has not been without reason. Israel has been charged with genocide in the International Court of Justice, charges that hundreds of scholars of genocide, holocaust and international...22 Nov Lieber Society Military Prize
Request for Assistance. Any person receiving this Call for Papers who is aware of 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, but not limited to the use of force in...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....
27 Dec Access to Freshwater and Accountability Issues in the Israel-Hamas Armed Conflict
is the external dimension of the obligation to ensure respect by other actors, its customary law status, and whether common Article 1 imposes any obligation on third parties. This external dimension has evolved over time. In its Wall Advisory Opinion, the ICJ emphasized that states, both occupying powers and third states, have a responsibility to ensure respect for Geneva Convention IV (ICJ’s Advisory Opinion on Wall (2004), para. 158) and ‘all the States parties to the Convention ‘are under an obligation, while respecting the United Nations Charter and international law,...02 Feb Distinguishing Guantanamo
David Glazier, a former naval officer and current research fellow at UVA’s Center for National Security Law takes issue with my claim that due process rights in Guantanamo may lead to due process rights at other U.S. military bases overseas. He writes: Having spent extensive time at overseas naval bases (I was stationed at Yokosuka, Japan for 20 months and have visited Guantanamo (GITMO) three times, most recently as the commandingofficer of a frigate in early 2001), I can tell you there are MAJOR differences between our use of GITMO...
14 Apr Not All Aggression is Equal: Why Force for Regime Change is the Graver Breach
[Davit Khachatryan is an international law expert and lecturer specializing in public international law, alternative dispute resolution, investment law, international humanitarian law, and security] The prohibition on the use of force is international law’s foundational rule. But not every violation of that rule is the same. When force is used not merely to coerce a state but to dismantle and replace its government, something qualitatively different, and more dangerous, has occurred. International law has always struggled to say so clearly. It should start. The prohibition on the use of force...
17 Jun The Domestic Definitions of the Crime of Genocide: A Dizzying Diversity
countries have not even implemented the crime of genocide in their domestic criminal law. This brings up interesting questions about the formation of customary international law and to what extent such domestic norms could (or should) be regarded as evidence of custom. [This entry is a brief summary of my forthcoming chapter ‘The Crime of Genocide in Its (Nearly) Infinite Domestic Variety’ in Marco Odello, Piotr Łubiński (eds.) The Concept of Genocide in International Criminal Law – Developments after Lemkin (Routledge, 2020) 67-97. If you are interested in reading the...