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

28 Jun

...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....
28.06.07 | |

13 May

[ William S. Dodge is Professor of Law and Associate Dean for Research at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on the amicus brief of the United States to the Fourth Circuit in Yousuf v. Samantar. The views expressed here are his own and do not necessarily reflect the views of the State Department or of the United States.] In Yousuf...
13.05.13 | |

24 Jan

...Congress could not make law to enforce a treaty that resolved a dispute between a state and a foreign country unless Congress could make the same law absent the international dispute. Between 1913 (the earlier case) and 1920 (Missouri v Holland), it became almost universally understood that migratory birds were not inexhaustible, and that overhunting by Missouri would be detrimental to the rights of other states. However, it turned out that only Canada was willing to contest Missouri's assertion of exclusive "property"ownership. When the property dispute is between a state...
24.01.13 | |

08 Mar

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...
08.03.13 | |