Search: Symposium on the Functional Approach to the Law of Occupation
08 Jul Guest Post: Military Members Claiming Self-Defence During Armed Conflict–Often Misguided and Unhelpful
support the view that the combatant’s privilege should be treated as a functional immunity, and in the opinion of the authors that is the better interpretation, the matter is not beyond doubt. 2. Does the combatant’s privilege apply only to foreign domestic law or also the domestic law of the military member? As a matter of international law, whether the combatant’s privilege extends to bar prosecution of a military member under his or her own State’s criminal law is currently unclear. Perhaps the most important point our research shows is...08 Dec Exaggerated Rumours of Death of an Alien Tort? Corporations, Human Rights and the Remarkable Case of Kiobel
of the law of nations is a question that must be answered by reference to international law itself. Secondly, having determined that the governing law is that of international law, the majority consider whether corporations can be liable under customary international law and determine that there is no ‘norm of corporate liability’ in customary international law. The majority chiefly rely on their factual understanding that no international tribunal has (to date) had formal jurisdiction over a corporation and that international law has not (to date) imposed criminal liability on corporations....04 Dec On the Legitimacy of the Settlements: A Legal and Historical Perspective
...Permit me, with all due respect, to add that I am prepared to discuss these issues on the basis of legal argumentation, but not on emotional and biased political reasoning that attempts to ply a particular political viewpoint rather than to maintain a respectable legal discussion. Lisa Cardon Ambassador Baker You are right that "the ICJ reference was not a legal determination". Yet, AOs constitute an authoritative statement of international law. Judge Gros (ICJ): "When the Court gives an advisory opinion on a question of law it states the law’,...09 Aug A Fair and Balanced Discussion of the Military Commission Act of 2006?
...fundamental issue of what kind of legal instrument the Constitution is. 2. Yes, I am conflating the authority to make law with the force and effect of the law. Although, e.g., Congress can make a diversity jurisdiction statute that requires the application of state law (which is inferior to federal law), the federal statute still would trump state law. Your federal-state court analogy is inapplicable because state courts do not have more legal authority than federal courts in interpreting federal law, according to the Supremacy Clause and Article III as...
07 May Indigenous Land Rights in Argentina Under Fire: The Significance of the Mendoza Resolution at Domestic and International Law
[Dr. Shea Elizabeth Esterling is a Senior Lecturer Above the Bar at the Faculty of Law at the University of Canterbury, New Zealand. She is Co-Chair of the American Society of International Law Rights of Indigenous Peoples Interest Group (2021-24) and Chair of the Cultural Heritage and the Arts Interest Group (2024-27). She is the author of Indigenous Cultural Property and International Law: Restitution, Rights and Wrongs (Oxon: Routledge 2024).] Introduction: The Mendoza Resolution and Argentine Law In February 2024, the courts in Argentina ordered the eviction of the Mapuche...27 Feb Symposium on Justice John Paul Stevens at UC Davis
John Paul Stevens U.S. Supreme Court Justice (videotaped message) Liberty David F. Levi (moderator) Dean, Duke University School of Law Former U.S. District Judge, Eastern District of California Former U.S. Attorney, Eastern District of California Former Adjunct Professor of Law, University of California, Davis, School of Law Jeffrey L. Fisher Associate Professor of Law, Stanford Law School Co-director, Supreme Court Litigation Clinic, Stanford Law School Jamal Greene Associate Professor of Law, Columbia Law School Linda Greenhouse Knight Distinguished Journalist in Residence and Joseph M. Goldstein Senior Fellow in Law, Yale...
01 Sep Critical Pedagogy Symposium: Critical Pedagogical Approaches towards International Law Teaching in Iran–From Classroom to Virtual Space
led the Graduate School of Political Studies, where he taught international law and wrote the first international law textbook in Persian. Informed by Western textbooks, Pirnia’s engagement with international law was equally doctrinal and Eurocentric. The topics in his textbook included history, subjects, treaties, diplomatic and consular law, and the usual international signposts. This trend persisted broadly until the 1980s. Iranian international law scholars who either graduated from European universities or studied in Iranian academic institutions under European-educated scholars taught the courses and wrote the textbooks. They rarely challenged Eurocentric...
07 Feb Teaching Karl Marx about Third World Approaches to International Law
about jus gentium. We are indebted to the pioneers. In Imperialism, Sovereignty, and the Making of International Law, Antony Anghie collapsed the moral foundations that European international law boasted of. Rather than notions of universality and equality, a dynamic of difference and of dehumanisation guided the regime’s architects. In War, Commerce, and International Law, James Gathii centred the powerful Euro-American interests that manipulated war and international legality in the name of mammon. Echoing Susan Marks, Gathii evidenced that immiseration is good business and international law a powerful ally when seeking to appropriate the...