Search: Symposium on the Functional Approach to the Law of Occupation
01 May Beyond Containment – Confronting Racial Hierarchies in International Law: The Slow and Benevolent Violence of International Law – An Oceanian Perspective
...consider the tricky question of whether Oceanians should now mobilise against international law rather than within it. As this is not an easy one to think through, it may be helpful to explore two somewhat more manageable questions. First, what roles, if any, can Pacific states and regional organisations of nation states like the Pacific Islands Forum play in resisting international law’s violence or, moreover, mobilising against international law altogether? I ask this because Oceanian engagements with international law are driven and made possible by Pacific states and regional organisations,...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...
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...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...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....
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...06 Apr Book Symposium: Interpretation in International Law–What’s In A Game?
VCLT rules, interpretation in international law has rarely been regarded as a distinct (and broader) field of inquiry. As new insights on interpretation have abounded in other fields, international law and international lawyers have continually granted an imprimatur to rule-based formalism. Given that interpretation is a pervasive phenomenon in international law that is irreducible to analysis of the VCLT rules, a greater methodological awareness of interpretive theory and practice in international law is imperative. We convened a conference on interpretation in international law at the Lauterpacht Centre and the Faculty...