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

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 | |

14 Jun

[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....
14.06.12 | |

31 Aug

...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...
31.08.10 | |

04 May

[Seyede Masoumeh Zolfaghary is a Ph.D. student in Public International Law at the Department of Public Law and International Law, SRB, Islamic Azad University (Tehran, Iran)] If the erosion of international law continues, the tragedy of Minab may be repeated. International law is frequently assessed through the binary framework of compliance versus violation. Although analytically useful, this perspective risks obscuring a deeper dimension: the character of international law as a shared normative heritage of the international community. Beyond functioning as a system of enforceable obligations, international law derives its authority...
04.05.26 | |

27 Oct

[Cristian van Eijk ( @crisveijk ) is an international lawyer researching the international law and history of the outer space commons. He is also part of the International Law Working Group of the IAU and UNCOPUOS Dark and Quiet Skies Conference. He holds an LLM in Public International Law and a BA in International Justice from Leiden University, and is in the final stages of an accelerated BA in Law at the University of Cambridge.] Preface I research international law in space. As such, I am often received by international lawyers...
27.10.21 | |

18 Oct

of the term ‘informal international law’ ‒ kicks off by mapping the different informal lawmaking mechanisms and by distinguishing among the various actors that initiate and take part in informal international lawmaking. The purpose of his exercise is to contribute to the assessment of possible ‘accountability gaps’ of IN-LAW, by taking into account the notion that different lawmaking mechanisms may benefit certain actors and constituencies while they disadvantage others. Who are the disregarded constituencies whose accountability deficit must be accounted for? And how can we address the accountability gaps of...
18.10.12 | |

20 Jan

expect foreign ministry lawyers who deal regularly with diplomats to approach potential sources of precedent differently from military lawyers embedded within the military chain of command. We might expect international criminal law lawyers with one foot in domestic criminal law to approach issues differently from military lawyers. And we might expect private commercial law lawyers, government lawyers, and public international lawyers to value different sources of authority in investment arbitration. Alternatively, we might want to look at different actors’ social and political capital or incentives. How is success in their...
20.01.15 | |

10 Apr

[Jens David Ohlin is Associate Professor of Law at Cornell University Law School.] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. I agree with almost everything in Darryl Robinson’s plea for a cosmopolitan liberal approach to international criminal justice. Robinson’s article sketches out the development of ICL scholarship, noting the beginnings of the field, followed by the liberal critique of early ICL development, and then the counter-critique...
10.04.13 | |

08 Jan

thing that I thought that was interesting is that the first time that the phrase international law rises above the lines for criminal law, constitutional law and torts is in the mid 1850s. Stuart Ford I played around with the ngram viewer a bit more to compare the phrases "international law" with "the law of nations." I began with the hypothesis that the phrase international law would replace the phrase law of nations over time. And indeed, that appears to be what happens, with usages of "the law of nations"...
08.01.13 | |

01 May

...law (or attempted to be) and therefore the Israeli authorities' violations of international law by constructing, facilitating development and expansion and providing services to illegal Israeli settlements in the occupied territory. If anything, the French court appears to assume that the Israeli government is prima facie involved in the internationally unlawful settlement enterprise, but the problem it sees is with the causal link and proximity between the companies and the government's actions, which are those that violate the international law provisions invoked by the claimants to annul the company's contract....
01.05.13 | |