Search: Symposium on the Functional Approach to the Law of Occupation

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...

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....

...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’,...

...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...

[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...

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...

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...

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...

[ C. Ignacio de Casas is an Adjunct Professor of Public International Law and the Executive Director of the Human Rights Program at the Faculty of Law of Universidad Austral.] I have a state, and I’m going with you as my lawyer. International law is your field. I’m offering you the adventure of a lifetime: to save an independent state. Will you come? With that line, the young and idealist engineer Giorgio Rosa tries to convince his ex-girlfriend Gabriella to help him save his creation, an artificial island built right...

[Rohini Sen is an Assistant Professor at Jindal Global Law School.] All the Things We Never Say International Law is imperial, colonial, capitalist and patriarchal. A vast array of critical approaches to the discipline have laid bare its Eurocentric foundations and insidious continuum. Yet, while much critical scholarship adequately battle the first two conditions, most are eerily silent on the patriarchal moorings of the discipline. The silence is all the more perplexing since critical international law includes feminist approaches which ably interrogates the place of gender (although my writing here...

because international law entitles only the members of a state’s regular armed forces to participate in hostilities, the CIA had no authority under international law to use armed force against al-Awlaki. The CIA is not part of the US’s regular armed forces. There is, of course, an obvious response to that objection: namely, that the availability of the PAJ depends on domestic US law, not on international law, so it is irrelevant whether the CIA had the right under international law to used armed force against al-Awlaki. Because AQAP was...

law provisions in contracts. But that is typically a question of foreign law, not international law. Certainly, both are non-American law. Yet the two of them raise distinct questions, particularly given that the United States contributes to the formation of international law, is bound by international law, and has hooks in its Constitution for looking to international law. As for when Gorsuch says that treaties sometimes require you to look at international law … I feel like telling him that, actually, treaties are international law. I have been critical elsewhere...