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

professors are, how much experience they have teaching or writing in international law, or how the use of a “top-15 approach” actually allows for more extensive rankings of the top 25/26 programs. Without more information, it’s hard to give these rankings much value, even as a subjective analysis of a school’s stature in international law. Second, it’s worth emphasizing how law professors likely rank international law programs – i.e., by assessing the quality of the international law scholarship produced by the faculty at any given school. But that approach may...

Monday, 14 February 2022. Confirmed contributions include a key-note speech by Mikael Madsen (iCourts) and presentations by Arthur Dyevre (KU Leuven), Andreas Føllesdal (PluriCourts), Brad Roth (Wayne State), Urska Sadl (EUI) and Nora Stappert (Leeds). Call for Papers – NLIU Law Review: The NLIU Law Review is now accepting submissions of manuscripts for publication in Volume XI, Issue II of the journal. The NLIU Law Review is the flagship journal of the National Law Institute University, Bhopal. It is a peer-reviewed academic law journal, published biannually by the students of...

measures) addressed elsewhere in this project. There are already proceedings concerning the Ukraine-Russia conflict taking place in international courts. This paper will address these proceedings where relevant to international crimes as these are already underway and are therefore relevant options relating to justice and accountability for war crimes, crimes against humanity and genocide.  Peace agreements have frequently referred and deferred to international humanitarian law and international human rights law, and more recently international criminal law, requiring parties to the agreement to comply with obligations under these bodies of law. As...

law), 2. interpret domestic law in conformity with international law, so as to avoid normative conflicts, and 3. grant international law direct effect. Courts in monist States may be reluctant to apply international law, they may emphasize rather than downplay or avoid conflicts between domestic and international law, and they may refuse to grant international law direct effect – and vice versa. In other terms, monism or dualism should not be taken to mean more than they actually do. Thirdly, the distinction between monism and dualism is not an on-off-switch:...

two intertwined, yet competing  logics through which these hierarchies take form: utility and beauty. Pokémon and International Law as ‘Anthroparchical’ Systems  International law and Pokémon are both cultural artefacts. Culture itself is a human endeavour, so are Pokémon and international law. International law emerged as a centuries-long process of human societies organising their relations through legal norms and institutions, and the Pokémon gaming universe was created in 1996 by Japanese video game designer and amateur insect collector Satoshi Tajiri. Like all other human creations, Pokémon and international law conform with...

observation about why international lawyers might adopt public-facing statements on the law that some might disclaim in internal disciplinary discussions. Maintaining formalist language in open letters can be understood as a way to insist upon the ‘lawness’ of international law in public domains. Formalism in this context foregrounds the role of the international lawyer as a public figure, one who helps to uphold a coherent international legal system and an autonomous role for international legal practice. Richard Collins and Alexandra Bohm have advocated for the specific role of international legal...

[Dr. Shelly Aviv Yeini is a Research Fellow at the University of Haifa and the head of the international law department at the Hostages and Missing Persons Family Forum. Prof. Amichai Cohen is a member of the Faculty of Law at the Ono Academic College and a senior fellow at the Israel Democracy Institute. Prof. Tamar Hostovsky Brandes is a member of the Faculty of Law at the Ono Academic College and a senior fellow at the Institute for Israeli Thought.] Hamas’ atrocious attacks of Israeli civilians and the ongoing...

Law The Middle East: Culture, Terrorism, and Democracy Joseph P. Hoar, General, U.S. Marines (Retired), and former Commander in Chief, U.S. Central Command (CENTCOM) Panel 6: Separation of Powers & Presidential Authority 1:45 – 3:15 p.m. Joseph W. Dellapenna, J.D., LL.M., Professor of Law, Villanova University School of Law Seth Weinberger, Ph.D., Assistant Professor of Politics and Government, University of Puget Sound Michael D. Ramsey, J.D., Professor of Law, University of San Diego School of Law Moderator: Celestine Richards McConville, J.D., Professor of Law, Chapman University School of Law Panel...

[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...

...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...

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...

occupation would continue to be applicable to these cases, the contours of such occupation by proxy – or ‘indirect occupation’ – where a foreign power occupies territory in another state through an intermediary group, are unclear in international law. In particular, there is uncertainty regarding the level of control necessary to demonstrate the existence of a state of indirect occupation. Delineating the precise scope of indirect occupation can be crucial to demystifying the legal status of indirect foreign control in multiple modern contexts, including the presence of Russia in Moldova’s...