Search: Symposium on the Functional Approach to the Law of Occupation
08 Jul Customary International Law Symposium: Back to the Guillotine – Namely Hume’s Guillotine
to the world if Sollen/Ought. The latter world is characterized by validity, not existence. This characteristic defines the legal order of international law as a normative phenomenon. Realists are wrong in trying to reduce law merely to a social phenomenon, be they apologists who reduce international law to what States actually do and cherish it as such, or nihilist critics who reject law as a mere extension of politics. Law, including international law, is a normative order with a quest for coherence. The practice of international law certainly is, as...07 Apr Initial Takes on Syria: International-Domestic Synergies
...resolutions as part of the “national interest” inquiry, but that related only indirectly and partially to international law.) However, as indicated below, and unlike the international law perspective, this runs the risk of offering an incomplete analysis even as to the domestic law perspective. For those opining about both international law and U.S. domestic law, the ground is treacherous. The safer course, usually, is simply to assume for purposes of discussion that the legal constraints are independent and potentially sufficient. Thus, for example, John Bellinger (via Lawfare) states that legality...11 Apr CIA General Counsel Speech on Hypothetical Uses of Force
...use force; (2) the CIA’s understanding of whether/how international law constrains its actions. Domestic authority. Preston correctly explains that the CIA must have some source of authority under domestic U.S. law to carry out “hypothetical” activities involving the use of force abroad. In this inquiry, of course, international law is irrelevant. And I don’t read Preston to suggest that international law can give the U.S. government powers it does not otherwise possess under our own Constitution and laws. So what gives the CIA its authority to carry out drone strikes?...
30 Nov Overcoming the “Soft vs Hard Law” Debate in the Development of New Global Health Instruments
...soft law is highly debated, with some academics even denying the notion itself portraying it as redundant and illogical, soft law could be considered as “a convenient description for a variety of non-binding normatively worded instruments used in contemporary international relations by States and international organizations”. Examples of soft law include recommendations, guidelines, codes of conduct, non-binding resolutions, and standards. In contrast, hard law refers to legally binding instruments, which in international law typically take the form of treaties. Soft and hard law present both advantages and disadvantages. Soft law...
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...