Search: Symposium on the Functional Approach to the Law of Occupation
05 Aug Teaching More Civil Law in the Law Schools of Hong Kong
this, law schools in Hong Kong should give more attention to researching on civil law systems and educating law students on the operation of civil law. Differences between Common Law and Civil Law Common law and civil law are the products of two fundamentally different legal methods. In civil law, the main principles and rules are contained in codes and statutes, which are then enforced by the court. Case law is a secondary source of law while codes and statutory law prevail. The common law, on the other hand,...13 Feb Dan Joyner: Why I Won’t Attend the Jessup Competition Again
in any way change the fact that Jessup is still by far the most prestigious and challenging International Law moot court competition in the world today. I've learned more in doing Jessup than I would have ever learned in an academic course or writing a seminar paper. From general international law (Art.38(1) sources, general principles, ICJ procedures etc.) to particular international law subject matters (the ever-complex and ever-expanding dynamic fields of public international law, namely IHL, IHRL, Responsibility, UN law etc.) Writing 20,000 word memorials in English on these topics,...04 Sep The Utility of International Law Courses — A Response to Posner
the schools that are either requiring a first-year transnational law course or are offering it as a first-year elective. Patrick S. O'Donnell Peggy, I apologize for not linking to your post as well. Non Liquet I work at a large law firm as an international lawyer so maybe I am not the best to speak about "regular" law, but let's work with an example that Posner provides. He writes: "Do not confuse public international law and private international law! Private international law, which essentially involves choice-of-law issues, could be useful...26 Oct Holding the UP Law Faculty in Contempt Would Be a Grave Mistake
of 1 justice ? THATS THE QUESTION. Please identify yourself, your official position, and your address. TonGuE-tWisTeD Response...The more you behave like that, the more fan email I get from fellow lawyers from the UP College of Law and lawyers of other schools. - Knack Can you name me one? Paula Defensor Knack Hiding again behind pseudonyms. The behavior of a coward. Give me your name, position, and address. Your pseudonym is not helping you, as a lawyer, prove your case. What does that say about your lawyering skills ?...15 Dec Ashley Deeks’ Problematic Defense of the “Unwilling or Unable” Test
While called neutrality laws, because their main purpose is to carry out the obligations imposed upon the United States while occupying a position of neutrality toward belligerents, our laws were intended also to prevent offenses against friendly powers whether such powers should or should not be engaged in war or in attempting to suppress revolt. To quote Tucker, we must always distinguish between “the operation of the law of neutrality as determined by international law and the operation of municipal neutrality laws. The latter may be applied to situations other...07 Aug Why Hamdan’s Material Support Convictions Violate the Ex Post Facto Clause
...common law (see Blackstone, as well as Bart's reference to malum in se), not the common law of war (see Lieber and Winthrop) which now must be thought of in terms of customary IHL (to account for the positive law movement). It is interesting how many folks are fond of "undemocratic" common law when it suits their needs, but decry it, international law, and customary international law when it doesn't. (This comment is not directed at you Bart.) This, though, gets to the issue of the different types of military...01 May Footnote Filching and other Unsavory Practices in the US Supreme Court, Part II
...law regarding Hamdan or human rights law regarding Hamdan? Are we equating the laws of war with human rights law? I think there is a difference. They may go hand in hand, but I think the seperation is distinct. I would argue international law deals with the affairs of states and human rights law deals with, well, people. I would argue that two distinct threads would be needed to discuss Hamdan in terms or purely human rights issue and Hamdan in terms of purely international law. fdelondras Marko Oh yes,...28 Jan Guest Post: Colangelo–Kiobel and Conflicts of Law
there is nothing wrong as a general matter with state law incorporating international law. Second, federal foreign affairs preemption is nonetheless in tension with the idea of state law having broader extraterritorial reach than federal law. And third, this tension basically disappears when the state law incorporating international law presents a “false conflict” of laws among the relevant jurisdictions’ laws. Here the fields of private international law and conflict of laws gain salience and supply a doctrinally and historically grounded mechanism for entertaining claims arising abroad in U.S. domestic courts....