Search: Symposium on the Functional Approach to the Law of Occupation
17 Dec Top French Law Firms Requiring UK and US Law Degrees
I don’t know very much about French legal education, but I’m still surprised by this article, which claims that because France lacks a first-rate law school, the most prestigious French law firms are now requiring their new hires to have an American or British law degree: It isn’t easy for corporate law firms to find qualified law-school graduates in the land of Montesquieu, one of the founders of modern Western legal theory. “Because law schools are so weak in economics and out of touch, people who want to be corporate...07 Jul Selectively Ignoring International Law in Hamdan
about the present day international criminal tribunals. I believe one reference is made in the context of the ICTY (International Criminal Tribunal for the Former Yugoslavia) regarding “conspiracy.” While the Court took strong views about international law in Roper v. Simmons and Texas v. Lawrence, it was less bold in relying on international law, especially international criminal law, in the Hamdan case. I was surprised that the majority/plurality in particular did not make any reference to the Rome Statute of the International Criminal Court. While that Statute’s provisions still remain...19 Jul The Philosophical Underpinnings of Human Rights Norms
law is the product of “Christian civilization” and that international law is derived from immutable natural laws of God. We then had a 19th-century antithesis, represented by Oppenheim’s positivist argument that “we know nowadays that a Law of Nature does not exist” and that “only a positive law of nations can be a branch of the science of law.” With the birth of modern human rights, we seem to be at a point of synthesis. Fathered by 20th-century American idealism, we no longer believe that international law is simply a...22 Jul Guest Post: The D.C. Circuit’s En Banc Ruling in Al Bahlul: Legal Innovation, Tradition, and America’s Domestic Common Law of War
Milligan and its progeny. They caution against allowing international law to displace a domestic practice of prosecuting law of war offenses in military commissions, but, in fact, they seize on the notion of war crimes—a concept itself grounded in international law—to weaken the much deeper domestic tradition of civilian court prosecution. When one starts with the domestic tradition of Article III prosecutions—and the conception of military commissions as exceptional departures from it (as Rogers does)—international law looks very different. Third, the opinions underscore how judges’ approach to war can vary...
27 Jan International Law’s Invisible Frames Symposium: Teaching Against the Textbook – A Comment on ‘Going by the Book: What International Law Textbooks Teach Us Not to Know’ by Ana Luísa Bernardino
for disruption. And indeed, the examples of teachers who challenge traditional international law structures and authorities are ample and inspiring. To name just some examples: the earlier mentioned symposium on Critical Pedagogy, the many cool critical/feminist/TWAIL oriented international law syllabi shared on Twitter (for example the Open Syllabus on Public International Law created by the International Law and the Global South blog), Christine Schwöbel’s work on teaching international law (see for example this thread on her work on decolonializing the curriculum), and the experimental Moot Court project initiated by her...
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...30 Sep Book Symposium Investment Law: No Law is an Island, Entire of Itself – How International Investment Law Interacts with Other Fields of International Law
of international law influence the development of international investment law, but also vice versa, changes in investment law have an impact on the evolution of other fields of international law. As the majority of publications focuses on the application and interpretation of investment protection standards, the interaction of international investment law with other sub-fields of international law has not been so extensively explored yet. To fill this gap, academics and practitioners contributing to this collection examine specific links between investment law and such other rules of international law. In particular,...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...
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...