Search: Symposium on the Functional Approach to the Law of Occupation
08 May Is the an International Human Right to Have an Abortion? Amnesty International Seems to Think So.
...ante la Suprema Corte de Justicia de la Nacion,” ¶ 4.) 3) If there is no right to abortion under international law – the Amnesty position circa 2005 – what then is the source of such obligations which Amnesty was touting after its 2007 policy switch? Did what was commonly understood to be the basis of obligations in international law change so radically in two years? 4) As I think Prof. Ku would agree, there are generally two sources of international obligations– treaty law, and customary international law. Principally, a...22 Apr Alter Book Symposium: The New Terrain of International Law
argument about a change from a contract to rule-of-law conception of international law is in direct contrast to law and economics scholars, some of whom would prefer that international law remain a voluntary agreement between governments. I also dismiss the idea that national constitutions serve as a fundamental barrier to following international law, arguing that understandings about the meaning of the constitutional words on paper shift over time (p. 293-4). I argue that “[w]here states and judges do not want to draw on international law, they invoke national legal barriers...16 Sep IL/IR Book Discussion: Wanted- Dead or Alive: Realism in International Law
Law Making, Interpretation, Compliance, and Global Legal Structure,” recounts some basic lessons about international law from realist and hybrid approaches that employ realist elements. Realism is powerful for explaining international law making, constraints on judicial interpretation of it, and compliance– which are the microfoundations of realism’s insights about the global structure of international law. The effect of structural change on international law is exemplified by a realist history of international law since the Second World War. The concluding section suggests the importance of realism for advancing the science and art...14 Mar Bradley Book Symposium: War Powers and the President’s Duty to Faithfully Execute International Law
[Michael D. Ramsey is Professor of Law at the University of San Diego School of Law] I join the other symposium participants in congratulating Curtis Bradley on a thoughtful, insightful and balanced treatment of an important topic. This post briefly addresses his discussion of international law and war powers in the U.S. legal system (principally, Chapter 10 of the book) while noting some areas of agreement and disagreement. Bradley’s central message here is that international law plays a role in shaping U.S. war powers, but “[m]uch of the interpretation and...14 Apr Ruth Wedgwood on Piracy – ‘The Law Adrift’ and Ken’s Contentious Remarks on the Larger Issues of Order
own part, and I’m afraid this will be contentious – what is correctly described as a stunning lack of common sense says something broader about this edifice of public international law. Viz., that if it is a system of law, then it is a system of law whose systemic outcome turns out to be transnational political disorder. I have suggested elsewhere that the ideology of transnational law is important for the Obama administration (following on Eric Posner’s remarks) primarily as a mechanism for moving US law internal to the United...23 Sep Lower Courts Narrowly Interpret Kiobel
...as under an act of Congress or "common law") and the ATS is "jurisdictional," does enforcement of international law (1) as the substantive law incorporated by reference in the ATS, and/or (2) as the law that provides a right to an effective remedy pose a clash between "our laws and those of other nations" within the meaning of Aramco? Where, for example, human rights law provides a right to an effective remedy, it is international law as the substantive law as well as the law that provides a right to...
24 Nov We are Witnessing a Genocide Unfolding in Gaza: To Stop it, the ICC Prosecutor Must Apply the Law Without Fear or Favour
has to be understood at the outset that political will -although usually helpful in terms of cooperation- must not be allowed to influence international justice or dictate its scope and timing. International Criminal Law is understood to be a combination of criminal law and international law. While international law is inherently influenced by States’ political will, criminal law is confined to what the criminal code/law says in line with basic inalienable rights as stated in each state’s constitution. Similarly, the mandate of the ICC is confined to its applicable law,...18 Nov The Constitutional Rights of Public Enemies in Armed Conflict
suspended the civil laws between opposing armed forces. Therefore, their conduct and interactions (called “belligerent intercourse” by Henry Halleck) were governed only by the laws governing war, or any relevant and specifically applicable domestic law. The powers to conduct the nation’s wars are primarily shared by the political branches. This has historically included the trial and punishment of those violating international laws governing war (both enemy and friendly). These trials were not “jurisdictional gap-fillers” as Deborah frequently suggests, they were lawful measures of imposing punishment under the laws governing war....03 Oct Two Questions from the al-Awlaki Killing
That was Oppenheim's view; that was Tucker's view. Tucker, for example, specifically cited the 1937 Neutrality Act as an example of municipal law that applied the law of neutrality to "situations other than war in the sense of international law." Indeed, even the US itself has acknowledged that the imposition of neutral duties in unrecognized insurgencies did not reflect international law; an 1895 opinion by the Attorney General explained the Neutrality Acts as follows (my emphasis): While called neutrality laws, because their main purpose is to carry out the obligations...20 May Symposium: The International Rule of Law – Defying Gravity?
[Heike Krieger is Professor of Public Law and International Law at Freie Universitaet Berlin and Co-Chair of the Berlin Potsdam Research Group on The International Rule of Law – Rise or Decline? This is the fifth post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here, the second, here, the third here, the fourth here and the fifth here. ] The awareness of a crisis of international law is widespread. The multiplicity of challenges which the international order...