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

both of Federal and of Municipal Law, unless in the exceptional case where Federal Law has deliberately departed from it. It is regarded by the American lawyers as having very much the same relation to Federal and State Law as the Federal Constitution has, and this no doubt is the reason why in so many famous American law books Constitutional Law and International Law are the first subjects discussed, International Law on the whole having precedence of Constitutional Law. "The principle on which these American doctrines of International Law repose...

[Dr Gleider I. Hernandez is a Lecturer at Durham Law School] I am grateful to the organisers of this symposium on the collection, edited by Dr Baetens, on the interaction of international investment law (‘IIL’) with other areas of public international law (‘PIL’). Broadly speaking, I identify as a ‘generalist’ international lawyer, one who is interested in the system as a whole and how its organs and agents grapple with emerging problems of global governance. As such, when I was approached in 2011 to consider and address the interaction between...

...his effort to challenge the relevance of international law as a suitable framework for the resolution of the conflict. International law is “inconclusive” and “futile” This conflict is … not going to be resolved by reference to “international law” when such law is inconclusive. … International law with respect to this conflict is a tricky subject that could be discussed and argued for years without ever reaching a conclusion. So we can spend years and years arguing what the law is and whether it is enforceable, and prolong the ongoing...

[Janelle Diller is Paul Martin Sr. Professor of International Affairs and Law at the University of Windsor Faculty of Law (Canada), on leave from the International Labour Organization (ILO). Her views do not necessarily reflect the ILO’s positions.This is the fourth post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here, the second, here, the third here and the fourth here.]] By insisting on clarity in approaching the “rule of law” at the international level. Robert McCorquodale significantly...

Vitoria is not the “Father” of international law, whether that international law is, following Scott, humanitarian and fair, or, following Anghie, imperialistic and racist. Vitoria is, at best, another von Hagenbach trial – a useful precedent for lawyers to see how the international was addressed in the 15th century. He was not the first publicist nor was he creating a secular international law (in fact, he did not even advocate for secular law!). Linear histories, whether of eternal progress or oppression, are in fact very difficult to sustain. Like Skinner...

[ Sami Selçuk is Professor Emeritus of Turkish criminal law and criminal procedure at I.D. Bilkent University (Ankara) and Honorary President of the Court of Cassation of the Republic of Turkey. Bedirhan Erdem is a research associate at the Chair of German and international criminal law, Lüneburg Leuphana University; and doctoral researcher at the Chair of German criminal law, criminal procedure, foreign criminal law and theory of criminal law theory at Berlin Humboldt University.] In recent years, we have repeatedly seen science itself become entangled in identity politics. During the...

Western core towards a non-Western or “less Western” passive periphery is rather another perpetuated historiographic caricature in need of “rewriting”; not a research premise from which to build an outlook of the discipline. The production of international law, as the very existence of Peruvian and Argentinean manuals shows, did not happen exclusively from Europe and the US. Non-Western approaches to international law are as much a part of (the history of) international law, meaning that the claim that Eurocentrism is not problematic is suspect, to say the least. Are we...

critics of international law — that I know. Judges are not hermits. They talk to their colleagues on the same court and from different courts. The law is not hermetically sealed. International law, foreign law, and U.S. law interact in the work of judges. Some academics and pundits spin theories of what judges should do without really understanding what the work of judges actually entails. Others build grand theories of international law that have little bearing on what is actually applied by judges. Justice O’Connor’s views of international law are...

right approach be to develop independent online identities withthe possibility of linkage between websites (as blogs function today), orwill some greater convergence be necessary to bring the dozens if nothundreds of international law reviews under a common roof?Of course, I don't have the answers, but as a market leader ininternational law blogging, I suspect that Opinio Juris will have someimpact on the choices that law reviews ultimately make. Student-managedlaw reviews and academic-managed law blogs may well be ships passing inthe night, but there may be mutual benefits to closer coordination...

from Bentham, who first coined the phrase "international law" and limited the law of nations to relations between states. James Wilson appears to have corrected him in his lecture "On the Law of Nations." Markus Wagner Ken, I might have something that could be of interest to you. A friend of mine wrote his dissertation on "Corporate Responsibility under the Alien Tort Statute -- Enforcement of International Law through US Torts Law". Michael Koebele, a German national, practices international law and is now based in Brussels. To my knowledge, he...

[Col. (Ret.) Pnina Sharvit Baruch is a Former Head of the International Law Department of the IDF Military Advocate General’s Office] This is the fourth response in our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. I am grateful for the opportunity to respond in brief to some of the points made in the excellent contributions of fellow bloggers. At the outset, as a former practitioner, I admit that I prefer functional approaches...

indeed, necessary to understanding the system. A very different message is aimed at skeptics of international law. I have in mind commentators who use rational choice assumptions essentially identical to those I adopt in the book – that states are rational and selfish. The book lays out a theory of international law that is consistent both with these assumptions and with a world of robust and effective international law. The discussion explains how international law can affect state conduct, why states choose to enter into international law arrangements, and why...