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

21 Aug

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’....
21.08.20 | |

09 May

[Dr Asad Kiyani is an Assistant Professor at the University of Victoria Faculty of Law (Canada), and a recipient of the Antonio Cassese Prize for International Criminal Law Studies, as well as the Hessel Yntema Prize for Comparative Law.] Introduction In her intriguing analysis of the marketization of global justice, Christine Schwöbel-Patel offers an expansive examination of how international criminal law reinforces the existing international order and in many ways fails to live up to its promise. It is, she writes, a field as versed in the marketing strategies of...
09.05.23 | |

13 Mar

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...
13.03.13 | |

11 Mar

these topics and the sometimes unsettled questions they present, the discussion reveals an unspoken theme only partially captured by the book’s title. Given its focus, the book is appropriately titled “International Law in the U.S. Legal System,” but the treatment of international law in U.S. law reveals that the interaction between U.S. and international law is not unidirectional. International law affects U.S. law, even U.S. constitutional law, but U.S. law also affects international law. On the incoming side of the relationship, international law produces a range of effects on the...
11.03.13 | |

26 Sep

Continuing Relevance of Erie." Thus far, it has con... Dilan Esper Why, exactly, is there anything strange about a statute that confers jurisdiction to hear claims based on "tort only, in violation of the law of nations" being interpreted as allowing the federal courts to look at the law of nations (including customary international law) as furnishing the rule of decision in cases brought pursuant to the jurisdictional grant? Professor Ku expresses wonderment at the idea that when Congress says "law of nations" or "law of war" in a statute,...
26.09.06 | |

05 Mar

[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. This post is a response to the recent Trump Administration and International Law Symposium hosted on Opinio Juris.] Can international law save itself from Donald Trump? Since Election Night 2016, that question has haunted me across many issue areas. Professor Craig Martin and the Washburn Law Journal editors generously invited me to offer an initial answer in their recently published symposium issue in an article entitled “The Trump Administration and International Law.” As I prepare my book-length...
05.03.18 | |

08 Mar

[William S. Dodge is Martin Luther King, Jr. Professor of Law at the UC Davis School of Law. He currently serves as a co-reporter for the Restatement (Fourth) of Foreign Relations Law.] In a recent post, Dean Austen Parrish took issue with some statements about the customary international law governing jurisdiction in the Restatement (Fourth) of Foreign Relations Law. The occasion for his comments was United States v. Microsoft, a case currently pending before the U.S. Supreme Court in which Dean Parrish has filed an amicus brief. I have given...
08.03.18 | |

29 Apr

...without the U.S. The issue is whether the U.S. wants to be a part of developing that international law or not. I suspect it's much better for the U.S. over the long-term to have a hand in developing international law through supporting and developing those international treaties and institutions which support American interests. In many ways, history has shown that international law preserves and sustains American ideals, and projects those ideals globally. International law seems often a way to reclaim national sovereignty, not to undermine it. I take transnational law...
29.04.09 | |

30 May

...Convention on the Law of Treaties adopts an approach that seeks to divine the shared meaning of a treaty provision. Indeed, if this rule of construction was applied in other contexts it would be viewed as a radical departure from the normal rules of treaty interpretation. On a broader note, I have often wondered whether international lawyers and academics should have a greater awareness and appreciation for Native American treaty law as a subset of United States treaty law and practice. It seems that there is a rich historical legacy...
30.05.07 | |

24 Apr

humanitarian necessities. That doesn’t seem right to me as an activist who cares deeply about human rights, and as a lawyer specializing in international humanitarian law, I think it reflects a misunderstanding of the meaning and purpose of the law of occupation. I’ll start from first principles, as I understand them. Occupation law regulates the exceptional circumstance in which a foreign power exercises control over a civilian population as the result of an armed conflict whose ramifications have yet to be resolved. Occupation law (Article 43 of the Hague Regulations)...
24.04.12 | |

19 Aug

Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations". This is a grant of two powers. First, Congress can define and punish Piracies, presumably under domestic law. Then, it can pass laws to punish Offenses against the Laws of Nations. Sometimes US domestic law disagrees with international law. Sometimes you have to choose one or the other. However, here Congress is given the power to both create a US specific definition of "Piracy" and to create punishments for violations of the laws of nations...
19.08.10 | |

17 Aug

...international law unless you know some international law that you think I would be interested in. Legalizing marijuana, advanced abortion rackets, issues that destabilize countries and the like, to me, isn't legal progress.I would really enjoy laws on terrorism unified internationally, but there are none. Human rights laws that have teeth are another series of laws that I would really enjoy seeing enacted.The confiscation of private property so that socialists can rob land owners isn't very productive. Neither is legalising drugs nor expanding the feminist police state mechanism, but those...
17.08.05 | |