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

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...

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...

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...

[Jutta Brunnée is University Professor and Metcalf Chair in Environmental Law at the Faculty of Law of the University of Toronto.] With her provocative new article Making Sense of Customary Law, Monica Hakimi challenges doctrinalists as well as theorists of international law to engage in a sophisticated conversation about a classical problem: how do we know when customary international law (CIL) exists as “a general practice accepted as law”? Monica argues that “orthodox” accounts of custom are overly concerned with identifying stable primary rules (i.e. rules regulating behavior) and, to...

regarded as a source of international law and there is no obligation to implement them (hence ‘soft’). Accordingly, it is necessary to distinguish between soft law and ‘top level’ (international law) and ‘bottom level’ rules (pure political declarations of intent, benchmarking and best practices) as a means of shaping international relations. From Switzerland’s perspective, soft law pose several challenges (as duly noted in a recent roundtable on soft law held at the Council of Europe). While allowing a faster response to global issues, soft law instruments are more susceptible to...

well. The Obama administration has reasons given its preferred domestic law lens of the AUMF for relying on the first. There is nothing wicked or bad faith about that; the international law views are plausible and offered in good faith, and if it sees one as meshing better with its domestic law views, that is fine, too. But notice how different this approach to “international law” – regardless of whether one agrees with the specific legal judgments being made, the general approach is the traditional one of the State Department...

Washington & Lee Law School’s “Most Cited Legal Periodical List” there is now objective data to assist in making such choices. According to that website these are the top ten international law journals in terms of citations (excluding Tulane Law Review which I don’t count as a true international law journal), together with their overall rank among all law journals: 1. American Journal of International Law (#18)2. Virginia Journal of International Law (#54)3. Fordham International Law Journal (#61)4. American Journal of Comparative Law (#69)5. American University International Law Review (#75)6....

...law governing the extraterritorial conduct at issue? Stated differently, if a case involves extraterritorial conduct and effects, and parties other than the U.S. government or a U.S. national (e.g. Filartiga), is any domestic law even potentially applicable as such? Clearly, U.S. courts can apply foreign law as the law governing extraterritorial conduct without "domesticating" the foreign rule of decision. In such cases, the conflict of laws rule is domestic, but the foreign law rule of decision that it requires to be applied is not. It is, as they say, "discovered"...

EU, deal with problems similar to those dealt with in investment arbitrations. Such a approach should help to link international investment law to general principles of public law and support increased recourse to public law thinking, including proportionality analysis, public law standards of review, public law requirements of reasons-giving, among others. Overall, I suggest that we should explore how public law analysis can help rethink rather than, as suggested by some critics, kill international investment law and investor-state arbitration. Internalizing this public law thinking in investment treaty arbitration, as is...