Search: Symposium on the Functional Approach to the Law of Occupation
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...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?...02 May The Real War on Terrorism
...this general suggestion, I would just make one exception: any talk of "war" is liable to lead lawyers to assume that the relevant law is that of armed conflict, when it may not be. [The same lawyer might then think that the relevant international law is only that of armed conflict, notably international humanitarian law, to the exclusion of human rights law. It hardly bears pointing out that that is completely fallacious.] P.S. O'Donnell Thanks Tobias: You gave legal form to my layman's intuitions. HowardGilbert The Security Council agreed that...10 May Kiobel Insta-Symposium: Kiobel Contradicts Morrison
...You state that "the conduct-regulating rule under the statute comes from international law." But while the rule may come from international law, under the court's analysis its recognition implicates the lawmaking authority of the federal courts. Right? The Court's maneuver was to treat the recognition of the conduct-regulating rule as an elaboration of federal common law, albeit one that "comes from" international law (to what degree? that is an ongoing question). It then analogized federal common lawmaking to statutory law. I am not arguing whether it was correct to apply...11 May Guest Post: Iran’s Relief Ship and the Blockade of Yemen
...19th Cent, an IAC in today's parlance) and that conflict was further internationalized with use of combat forces by the U.S. and, thereafter, several other states. Saudi combat operations have internationalized the insurgency/belligerency in this instance. But whether or not a blockade is generally permissible, other international law must be complied with -- e.g., any relevant laws of war, human rights law, other international criminal law such as that regarding crimes against humanity. Lotus?? The actual case involved nonuse of the Turkish victim theory or passive nationality theory in the...01 Dec International Law in the South Africa Gay Marriage Case
does not inspire confidence for the future of constitutional comparativism. Unlike in Makwanyane, the Court all but ignored comparative law and severely discounted the importance of international law. It recognized that while there is no international law support for gay marriage, neither does international law expressly prohibit it. “[W]hile it is true that international law expressly protects heterosexual marriage, it is not true that it does so in a way that necessarily excludes equal recognition being given now or in the future to the right of same-sex couples…” (para. 105)....02 May Mark Osiel, The End of Reciprocity
...exception of genocide. The case is not in doubt, and what is at stake is the honor, institutional integrity, and public safety of the United States. These people must be prosecuted and punished for their crimes. If we are truly a nation of laws, not men, then the LAW must take it's course and render impartial justice. And I'm having a real hard time understanding why so many lawyers like Roger Alford, Julian Ku, and Ken Anderson think that enforcing or obeying our laws is such a bad idea. Except...
15 Mar SCSL Symposium: The Continued Relevance of the Contributions of the Sierra Leone Tribunal to International Criminal Law
[Charles C. Jalloh is a Professor of Law at Florida International University. He previously served as a legal adviser in the Special Court for Sierra Leone and is founder of the Center for International Law and Policy in Africa based in Freetown. His related works include, as editor, The Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law (Cambridge, 2015). This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh...
12 Aug Emerging Voices: Doing Regional Integration Better? The Possibility of Reinvigorating the Relationship Between International Human Rights Law and International Economic Law through the African Continental Free Trade Area
...recognition of the right to development, etc.). By reconciling international human rights law and international economic law, the AfCFTA would take a human-centered approach that seeks, ab initio, to avoid the marginalization and exclusion that appears to be a consequence of privileging markets over people. Three possibilities are explored below. International Economic Law Subsumes Human Rights The AfCFTA Agreement’s Preamble recognizes “free movement of persons, capital, goods and services” as well as “the importance of … democracy, human rights, gender equality and the rule of law, for the development of...