Search: Symposium on the Functional Approach to the Law of Occupation
06 Feb International Law for a Fragile World: Global Risk and the Limits of Classical International Law
states assume obligations, breaches occur, responsibility follows. This architecture is visible across doctrinal fields, from the law of state responsibility to international criminal law, human rights law, and even environmental law. While these regimes differ in scope and technique, they share a common assumption: that law’s primary task is to identify unlawful conduct and attach legal consequences to it. Global risk unsettles this assumption. Risks are not events but probabilities. They do not arise from a single act but from the cumulative operation of complex systems – economic, technological, ecological,...
08 Oct Trump vs. International Law: Exploiting the Legal Gaps Left by the Obama Administration
effort.” Just like people develop habits of behavior that become ingrained and harder to change the longer we repeat them, so nation-states develop patterns of behavior that become part of the fabric of social and political expectations and become difficult to break. Indeed, this is critical to the development of international law, particularly because customary international law is based on how nations behave and interpret the law. The more nations interpret international law to forbid extrajudicial killing, for example, and better yet enforce the law, the more the law “sticks”...
14 Feb Symposium on Rewriting Histories of the Use of Force: Of Rules and Exceptions in Jus ad Bellum
[Mohamed S. Helal is Associate Professor of Law at the Moritz College of Law, Ohio State University; and member of the Permanent Court of Arbitration as well as of the African Union Commission on International Law.] Agatha Verdebout’s Rewriting Histories of the Use of Force: The Narrative of Indifference is an exhaustively researched and lucidly written volume that makes important contributions to both the history and historiography of international law. It problematizes the dominant storyline about the evolution of jus ad bellum. It challenges the claim that, before the 20th...
24 Jul The Law of Gravity: A Newtonian Proposal for Public International Law
described as grave violations of international law. Gravity is a central feature of public international law across international criminal law, international human rights law, and international humanitarian law. It is referenced in treaties, judgments by international and regional bodies, human rights reports, and the resolutions of the United Nations. These documents often refer to violations of international law, interchangeably, as “gross,” “serious,” and “grave.” Yet, what makes a violation particularly grave is often unclear. Is it the extreme harm to the victim, the type of rights involved, who committed the...24 May Islamic Law and Progressive Politics
this debate about Islamic Law has anything to do with law as opposed to political discourse, unless you think Islamic political discourse produces inherently normative outcomes in contrast to American discourse. I think you just have a list of goals, albeit admirable, that you want to see produced via Islamic Law or U.S. Foreign Policy and who cares the means!!! Adil Haque Hi Jared. Interesting comment. Could you clarify whether in the U.S. context the law you refer to is U.S. law or international law? It would affect my response....12 Feb Events and Announcements: 12 February 2023
to bilateral and multilateral treaties in the field of private international law. The aim of the conference is two-fold: to encourage specialists of private international law to reassess the importance of the issues that surround the coming into existence of private international law treaties and their operation under public international law; and to discuss whether, and to what extent, the law of treaties applies in the area of private international law in a way that reflects the peculiar features of private international law. For information and registration, see here. Panel...24 Jun The CMCR Invents the “War Crime” of Material Support for Terrorism
limitations, jurisdiction of military commissions to try persons for offenses against the law of war. Quirin, 317 U.S. at 26-31 (p. 16). In this case, Congress and the President seek to protect our Nation’s interests in ensuring compliance with the law of war and adherence to the law of nations, including customary international law, through adjudication and punishment of particular crimes against the law of war (p. 20). We, like the military commission judge, consider international and domestic sources of law for pre-existing examples of criminalization under the law of...
03 Nov Third Annual Symposium on Pop Culture and International Law: When Toasters Commit Genocide – Law, Public Institutions, and Society Under Threat of Extinction
of this emphasises that BSG portrays a group of humans who (at least initially) operate in an environment with a limited system of ‘law’. Such analysis suggests that a legal system, or at least one based on the ‘rule of law’ is one of the things which is stripped away when humanity ‘is reduced to essentials’. We contend that one of the things BSG is, in fact, exploring is how society and law respond to a continuing threat of swift and immediate societal level extinction. How do Public Law Institutions...