Search: Symposium on the Functional Approach to the Law of Occupation
14 Feb Symposium on Rewriting Histories of the Use of Force: On “Unproblematic Eurocentrism” and the Rewriting of International Law
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...29 Aug Do Student Law Review Editors Read Opinio Juris?
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...05 Jul Justice O’Connor and the Complexities of International Law
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...19 Apr Bleg: What Do Non-US Legal Scholars Think about ATS Doctrines?
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...27 Apr The Status of the Gaza Strip – a Short Response
[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...11 Feb Opening Comments on How International Law Works
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...
21 Aug Exploitation Within the International Law Profession
how international institutions perpetuate racism, or how practicing international law may mean being subject to harassment from so-called peers. Despite the need for more concrete information relating to exploitation within the international law profession, there is evidence that highlights the exclusivity of this profession and the normality of discriminatory practices within it. Exclusivity and the well-travelled road to exploitation Social class and international law is a topic that has been written on, as has the concept of exploitation. Work has also been undertaken on international law as a ‘professional activity’....13 Mar Bradley Book Symposium: Customary International Law in the U.S. Legal System and the Perils of an All-or-Nothing Approach
Chapter 5, Curt tells the by now familiar story that customary international law was understood at the framing to be part of general common law (pp. 142-46), that the Supreme Court’s 1938 decision in Erie Railroad v. Tompkins destabilized the situation by ending the general common law regime (pp. 146-47), and that Sabbatino, Filartiga, and the Restatement (Third) of Foreign Relations Law supported the possibility of customary international law as federal common law (pp. 147-52), before laying out his challenges to “the federal common law claim” (p. 155). He points...