Search: Symposium on the Functional Approach to the Law of Occupation
13 Aug Counseling the Prince: Reflections on the Art of Advising the State on International Law
the rule of law and respect for the interests of justice,” by presenting honest and accurate advice on the international legal rights and obligations of the state, by promoting international law through encouraging the state to comply with international law, and by protecting international law through preserving and developing its role in international relations. The Illusory Community: My principal concern with Harry Aitken’s proposal is that it is sociologically flawed. The institutional duties of domestic lawyers are not merely obligations codified in areas of law such as ethics and professional...
07 Oct On the Interpretability of Customary International Law: A Response to Nina Mileva and Marina Fortuna
vaguer than written law. Moreover, for unwritten law, establishing the existence of the law plays a more important role than for written law, the sheer existence of which usually seems evident because written laws are fixed on a physical medium. Thus, one may think that unwritten law needs to be identified, but not interpreted. Another reason for this reluctance to talk about “interpretation” in relation to custom is that this activity is (erroneously) associated with textual material. Yet interpretation, qua inquiry into the meaning of a legal act, allows us...09 May The ACLU Needs to Dial Down the Rhetoric!
facie evidence of those crimes, including, but not limited to, unlawful detention, inhumane and degrading treatment, extra-judicial punishments, denial of lawful due process, unlawful coercive interrogations, unlawful deportations, and trials before unlawfully constituted tribunals. (c) That the only purpose of the Respondents and counsel for Respondents in these cases is to deny the Petitioners / Plaintiffs their lawful rights and due process, which constitutes an offense pursuant to 18 USC 2441(c)(2) per HR art. 23(h). (d) That in addition to the Respondents named herein, Richard Cheney, the Vice President of...
28 Jan International Law’s Invisible Frames Symposium: Concluding Remarks
[Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies, Geneva; Moshe Hirsch is the Von Hofmannsthal Professor of Law at the Hebrew University of Jerusalem and Co-director of the International Law Forum at the Hebrew University Law Faculty.] We are extremely grateful to the editors of Opinio Juris and Alexandra Hofer for hosting and organizing this book symposium. Thank you also to the contributors – Emiliano Buis, Adil Hasan Khan, Sofia Stolk and Alexandra Hofer – for their engagement with the arguments raised...14 Sep Summing up: International Law v. American Law
international law. As one commenter observed, to refer to a particular state's laws (or values) to decide the content of international law is deny that international law is actually a true normative system at all. (The irrelevance of internal law to questions of state responsibility cannot be seen as a mere technicality.) Instead of asking whether the US is exceptional, one should ask whether the circumstances were exceptional such that norms sounding in international law - including self-defence, necessity, or force majeur - would preclude the wrongfulness of the act....18 Oct The seasons of international law
There is always a topic du jour in international law, a subject that defines a season of international law. Between the mid-1970s to the mid-1980s, it was the law of the sea. Between the mid-1980s to the mid-1990s, it was international environmental law. Between the mid-1990s to present, it has been international criminal law. Every season is brought about by a major international negotiation, culminating in a conference (i.e., the Third Conference on the Law of the Sea, the Earth Summit, and the Rome conference), and the adoption of a...14 Jan International Law Ten Years Later — On the Ground and In the Academy
about whether the developing areas of international law are of any value or are desirable. The second group seems to always fall back on an answer relating to the existence of rules that seem desirable, ignoring effects: "Of course international law has had a positive impact. Look at all of these rules we have protecting human rights." 2) I am currently a student at a law school with a highly-regarded international law department, and spent a year abroad at a law school with a similarly highly-regarded international law department. At...
20 Jan The United Nations General Assembly Request to the International Court of Justice for an Advisory Opinion: (Some) Reflections
are attributable to a state vis-à-vis its occupation, wouldn’t the rules on state responsibility demand an end to the occupation? By qualifying a situation of occupation as unlawful, state responsibility entails increased obligations towards reversing the situation. The serious breaches only end by ending the occupation (i.e. the serious breaches wouldn’t occur sans the occupation). Would Israel be able to commit serious breaches of peremptory norms – annexation, denial of the right to self-determination, racial discrimination, and apartheid, amongst others, sans the occupation of Palestine? The simple answer is no. ...
11 Oct Rethinking International Law After Gaza BILC 2024: Summary and Declaration
[ Hüseyin Dişli is a PhD candidate at the University of Kent and convening Legal History and Legal Philosophy modules at Boğaziçi University Faculty of Law. He serves as a legal counsel to the Freedom Flotilla Coalition (FFC). Ömer Erkut Bulut is an Assistant Professor at Boğaziçi University Faculty of Law in Istanbul, Türkiye. Hasan Basri Bülbül works as an Assistant Professor of Public International Law at Boğaziçi University Faculty of Law in Istanbul, Türkiye. M Beheşti Aydoğan holds a PhD from the University of Warwick’s School of Law and...30 Sep Book Symposium Investment Law: Comments on Freya Baetens’ Introductory Chapter
minimum standard of treatment could be a pathway to this end. The time may be ripe for consolidating these trends so that human rights can be apprehended in their various facets. Let me now turn to international humanitarian law, which finds application in the context of an armed conflict or in a situation of occupation. Issues of investment law arose for example in the context of the Iraqi occupation, due to the contracts negotiated by the Coalition Provisional Authority (CPA). The law of military occupation is quite laconic with respect...