Search: Symposium on the Functional Approach to the Law of Occupation
14 Aug How to Define Piracy Under U.S. Law and the “Law of Nations”
of what the law actually is." As to the relevance of UNCLOS, see also the Restatement of the Law, Third, Foreign Relations Law of the United States, on customary international law generally, and in partlicular, section 102: "International Agreements constitute the practice of states and as such contribute to the growth of customary law...Some multilateral agreements may become law for non-parties who do not actively dissent. That may be the effect where a multilateral agreement is designed for adherence by states generally, is widely accepted, and is not rejected by...03 Nov Don’t Forget the Black-and-White Jumpsuit with the Words “Convict” on It
...end of this post, anything that should have been refered to in any legal term is International Law, as that is what Karadzic is being tried under. " Agreed. " It is also what KJH has refered to during the whole post!" No, and if you had actually READ my quotation of him, he directly referenced US law and "most domestic courts." That is CLEARLY NOT a reference to International law, and on those limited grounds, I shot him down. End of story. "Domestic, US, Estonian, Iraqi, Tim-buk-too-ian… None of...17 Nov Guest Post: The ILC Project on the Identification of Customary International Law–Saving the Temple from Submergence
[Duncan French is the Head of Law School and a Professor of International Law at the University of Lincoln and Jean d’Aspremont is a Professor of International Law at the University of Manchester and a Professor of International Legal Theory at the University of Amsterdam.] The two-day expert seminar on the identification of customary international law, co-organised by Lincoln Law School and the Manchester International Law Centre, took place on 13-14th November at the University of Lincoln. With the active participation of Sir Michael Wood, the Special Rapporteur of the...01 Aug Guest Post: The Use of Human Shields and International Criminal Law
which is not the focus of this post, is to interpret the law in a way that reduces the legal advantages that a belligerent could expect to achieve from using human shields. In that vein, Prof. Yoram Dinstein (153-55), for example, opined that some human shields should be discounted during proportionality analysis. Under that approach, and according to the British Manual (§5.22.1) “the enemy’s unlawful activity may be taken into account in considering whether the incidental loss or damage was proportionate to the military advantage expected” (for an even more...
10 Apr Symposium on Dominic Ongwen Case: Four Approaches at the “Centre” of Reparations in the Case of Dominic Ongwen
the parties to the proceedings, or in the reasoning of the Chamber: namely, the victim-centred approach, the child-centred approach, the family-centred approach and the government-led and people-centred approach. The post will consider the likely challenges, limitations and possibilities of each. The Victim-Centred Approach The Ntaganda and Ongwen cases have significantly embraced the inclusion of victim-centred approaches to justice and reparations. A victim-centred approach places the victim at the centre of design, informed decision-making and co-implementation of reparations programmes. As extensively elaborated in the contribution of Alejandra Vicente and Renata Politi...
26 Apr Inter-State Alliances as Participants in International Law Making
or a participant in and of itself. Although the ‘participants’ discourse and the visibility and relevance of inter-state alliances in international law have grown simultaneously, the two appear to be on parallel trajectories. No major treatise which expounds the ‘participants’ approach includes a discussion on inter-state alliances, separately from international organizations. This comment discusses their emergence as such by first, laying down the theoretical foundations of dynamic subjectivism, and second, analyzing their structures and contributions to international law-making. 2. Changing Contours of ‘Subject-hood’ in International Law The traditional view of...29 Nov Events and Announcements: November 29, 2015
Announcements The coordinators are pleased to announce the establishment of the Ghent Rolin-Jaequemyns International Law Institute (GRILI). The Institute builds on a long tradition in the area of international law at Ghent University and brings together ca. 30 faculty members and doctoral and post-doctoral researchers. Its activities span the entire realm of public international law, ranging from the law of armed conflict and international human rights law, to the law of the sea, international environmental law, international criminal law, and international economic law, as well as the history of international...28 Oct Ruti Teitel’s ‘Humanity’s Law’
This excellent book is remarkable for its wide and deep use of work from international relations literature, bridging the disciplines of international law and international relations as few have done previously. There is a significant body of writing in international law where the ideas from particular theoretical traditions in broader scholarship, sometimes the ideas of individual scholars, are brought to bear on international law generally or, more usually, one particular area of law. What remains unusual is the relatively ambitious, full-spectrum approach offered here, which references ideas across a diverse...
11 Aug India and the Interpretation of Investment Treaties: Time to Reconsider the Attitude Towards Articles 31 to 33 of the Vienna Convention on the Law of Treaties?
emerging economies. It is also interesting from the standpoint of treaty interpretation for at least three reasons. First, according to Article 23.3 of the Model: The governing law for interpretation of this Treaty by a tribunal constituted under this Article shall be: (a) this Treaty, (b) the general principles of public international law relating to the interpretation of treaties, including the presumption of consistency between international treaties to which the Parties are party, and (c) for matters relating to domestic law, the Law of the Host State. The reference to...02 Mar Ukraine, International Law, and the Perfect Compliance Fallacy
law, there is no law and I do whatever I please", you would not let him get away with it. So the law should be respected even if only a part of the actors respect it and one should rather find ways to improve the compliance, than throw the law away. RB one flagrant violation of international law draws all this attention, but look at all of the other states complying with international law on a daily basis Jordan I agree with the point of all three responses so far...