Search: Symposium on the Functional Approach to the Law of Occupation
07 Sep New Study Analyzes the Best Law Schools and Top Faculty for Comparative and International Law
interdisciplinary work), and citation studies need to be modernized to reflect this trend.” So what are the results based on their new methodology? Based on the Phillips and Yoo survey, here are the results for the best law schools for international law and comparative law: Here are the international law and comparative law all-star faculty members from the top sixteen law schools: UPDATE: Brian Leiter responds to Phillips and Yoo here. Here’s the crux of his response: The two most interesting things they do are consult citations in the “Web...29 Mar Symposium: Discussion of Cogan’s “Non-Compliance and the International Rule of Law”
that international law must always be complied with, if not, it risks not being law. But it must give up this “myth”, not because of its weaknesses or defects, but because the same happens in any legal system, without claims being raised there that, as a result, US law, for example, is not “law”. Put differently, the choice is not a binary one, as Cogan seems to think, between compliance and noncompliance, abiding by the law and civil disobedience or vigilantism, between “real law” and “international law”. Rather, it is...22 Feb Justice Scalia on Foreign Law and the Constitution
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...02 Oct Book Symposium Investment Law: The Interaction Between Investment Law And The Law Of Armed Conflict In The Interpretation Of Full Protection And Security Clauses
[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...28 Aug The US Repudiation of International Law in Relation to the Israeli-Palestinian Conflict: Wrong, Counter-productive and Dangerous
...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...19 May Symposium: Janelle Diller’s Response to Robert McCorquodale
[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...21 Oct Borderline History at Borderline Jurisprudence: Some Thoughts on Anne Orford’s International Law & the Politics of History (Part II)
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...
06 Oct When Law Becomes a Matter of National Identity
[ 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...