Search: Symposium on the Functional Approach to the Law of Occupation
05 Mar International Law vs. Donald Trump: A Reply
[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...26 Sep Online Workshop Comment: Is Customary International Law Part of the “Law of the United States”?
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,...30 May Indian Treaty Interpretation
...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...24 Apr In Reluctant Defense of the Law of Occupation
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)...16 Sep John Brennan Speech on Obama Administration Antiterrorism Policies and Practices
...for OJ readers and what she took as the answer. See Lawfare for liveblogging of the conference. David E. Frydrychowski One quibble. Rule of law should not be conceptualized as a check on government. Rule of law is government - where it ceases, state action loses its fiat. A government of laws, not of security technicians. LessinSF We "uphold the rule of law." Our "laws." That's fine, for so long are in power. But no one is honest about the converse. If the Taliban had our materiel and capabilites, would...19 Aug Glazier on Why the Definition of Piracy Matters
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...17 Aug Revolting Against the Article 98 ICC Agreements
...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...
02 Sep Critical Pedagogy Symposium: A Classroom Without Borders–Globally Integrating Legal Education
other critical traditions offer them a language and framework through which they can articulate what they really thought about the limits and potentials of international law. This was the first time public international law was offered as a course at GU-Q. I designed it in a way I assume other professors of critical international law would. We began with the origins, concepts, and principles such as sovereignty, state responsibility, and enforcement and continued with sub-fields such as humanitarian law, human rights law, and criminal law. Next, we delved into critical...14 Jun The International Law of the Sea: A Treaty for Thee; Customary Law for Me?
[Craig H. Allen is the Judson Falknor Professor of Law at the University of Washington School of Law in Seattle.] I would like to begin by thanking Opinio Juris for hosting this timely and important debate on the 1982 Law of the Sea Convention (LOSC) and Julian Ku in particular for inviting me to participate. My small contribution begins with two caveats. First, this brief post is by no means a comprehensive examination of the Convention, but rather is limited to the commonly-heard assertion that customary law adequately protects U.S....31 Aug The Effect of International Law on the President’s Power to Wage War
...of CIL under US law at this time. Howard Gilbert The question raised is not whether international law applies to limit the President's power, but whether the courts can override the decision of the President or Congress about how to define those limitations. From Kavanaugh: the limited authority of the Judiciary to rely on international law to restrict the American war effort does not imply that the political branches should ignore or disregard international-law norms. The principles of the international laws of war (and of international law more generally) deserve...