Search: Symposium on the Functional Approach to the Law of Occupation
02 Aug Gaza and International Law: Critical Reflections on the Conjuncture
[Tor Krever is University Assistant Professor in International Law at the University of Cambridge, a Fellow at the Lauterpacht Centre for International Law, Official Fellow in Law at Girton College, and co-General Editor of the London Review of International Law] The International Court of Justice’s advisory opinion on Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem has once more drawn international attention to The Hague and its legal institutions. Since the attentats of October 2023, popular interest in the ICJ...
23 Jun Digital Clarity: Why International Law Needs Clearer Application in the Digital Space
distinction matters legally because different international law frameworks may apply with varying degrees of clarity to each domain. While cyber operations, as commonly referred to in texts such as the Tallinn Manual 2.0. or the Oxford Process on International Law Protections in Cyberspace, might trigger traditional security-focused international law (such as jus ad bellum and international humanitarian law), broader digital activities may primarily engage human rights law, trade law, tort law and other regulatory frameworks at regional levels, such as the EU digital regulatory frameworks, or national levels. The overlap...03 Nov Salvaging the Charming Betsy in ATS Cases: A Response to Rio Tinto
...U.S. A failure to afford such a remedy, or to punish the perpetrator of the act, would have made the U.S. “responsible” for the law of nations violation, and might result in reprisals by, or war with, an offended foreign nation. This is, unsurprisingly, very similar to the common law approach to individual punishment for law of war violations. As Colonel William Winthrop noted in his famous military law treatise, enemies who violated the laws of war and later came into U.S. custody could be punished. If they remained in...
16 Apr Symposium on Confronting Colonial Objects: International Law as Colonial Object – The Language/Materiality Dichotomy and the Coloniality of Cultural Takings
a colonial lens that justified colonial takings?” The answer to both questions can be yes without any risk of internal contradiction, as we approach them through different methodologies at different times: takings where unlawful, but not because the law was more pluralist than we think. The hegemonic position remained colonial, even if there was room for social transformation within that law for those counted few who gave no legal value to racist ideas. In fact, as Koskenniemi has shown, the formation of international law as a discipline is unavoidably tied...27 Jun Events and Announcements: 27 June 2022
and abstract of no more than 500 words to inclusiveprosperity[at]eur[dot]nl and include five key words, your name, affiliation, contact information, CV, and time zone. For questions, please contact Stephanie Triefus at triefus[at]law[dot]eur[dot]nl. The deadline for the submission of abstracts is 31 July 2022. For information see here. Call for Papers – Volume XII Issue I of NLIU Law Review: NLIU Law Review is now accepting submissions of manuscripts for publication in Volume XII, Issue I of the Journal. The NLIU Law Review is the flagship journal of the National Law...
20 Jan Q&A: The Times and Temporalities of Human Rights
An interview with Kathryn McNeilly and Ben Warwick, editors of The Times and Temporalities of International Human Rights Law (Hart 2022). Questions by Natasa Mavronicola. [Kathryn McNeilly is Professor of Law at Queen’s University Belfast School of Law. Natasa Mavronicola is Professor of Human Rights Law at Birmingham Law School. Dr Ben Warwick is a Reader in Human Rights Law at Birmingham Law School and a Co-Investigator on the Rights for Time Network+ grant.] NM: I wanted to begin by congratulating you, and all the authors, for weaving together such...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...