Search: Symposium on the Functional Approach to the Law of Occupation
16 Jan Can the Security Council Displace Human Rights Treaties? (Al-Jedda, Part 2)
by inventing anything like a general rule of law, of whatever nature, to the effect that human rights cannot apply in armed conflict where they cannot be reconciled with the lex specialis of armed conflict. The derogation clause particularly of Article 15 ECHR is dead against this. It even acknowledges the existence of the laws of war in referring to 'deaths resulting from lawful acts of war', yet does not begin to subordinate the ECHR to that other body of law. Nor, of course, where the dicta of the ICJ...16 Feb Conspiracy and the New Hamdan Argument
Jordan Response... And what would be the Exec. attempted justification for the extraterritorial reach of a so-called "U.S. common law" that quite obviously could not be binding under customary laws of war or treaty-based laws of war or other customary or treaty-based law on the foeign accused? No jurisdiciton still. John C. Dehn Jens and Jordan, I have never finished the companion article to my JICJ article explaining the U.S. "common law" approach to punishing war crimes. However, Jordan is on track regarding the focus of the article -- which...09 Feb Is International Law….Law?
board with Roberts’ overall project, I am enough of a practicing lawyer to wonder whether comparative international law can allow us to assess right and wrong interpretations of international law, and whether government intervention should affect such judgments of even relative legal correctness. While I was sympathetic to the argument that the South China Sea arbitral tribunal lacked jurisdiction, I was (and remain) deeply skeptical of the subsequent Chinese argument that the arbitral tribunal’s award is not binding. I think this is not just a different approach to international law...
21 Jun The Inadequacy of the US State Department Report on Arms Exports Assurances: Part I
the state is known to have a poor attitude to international humanitarian law and human rights law generally, especially if the state has ever previously used exported arms to violate international humanitarian law or human rights law.” The basis for this framework came from two sources: (1) international law and its interpretation by courts and other authorities, and (2) state practice making predictions of behavior from assurances generally. The reader is invited to consider the prior post for a more detailed explanation of how these two sources result in the...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...
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...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...
11 Oct Rethinking International Law After Gaza Symposium: Trade, Resistance and International Law – Responding to Atrocities
left to ask whether the law has anything to offer or if it is complicit in furthering violence and depravation. Does international economic law govern this paradoxical relationship between trade and peace in cases of atrocities? At first glance, one can casually conclude that the law does not seem to enable or oblige the subject of international law to explicitly denounce violent repressive regimes that commit genocidal actions. The Israeli violence in Gaza continues and has spilled over to other territories recently, especially Lebanon but also Yemen. But from a...