Search: Symposium on the Functional Approach to the Law of Occupation
05 Apr Chapman University Law Conference: “Are We at War?”
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...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...
11 Jun Indirect Occupation and the ICTY: It’s Not So Complicated
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...
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...
08 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: The New Geometries of International Law – Deploying Self-Reflexive Inquiry to Re-Build the Discipline
approaching the field of international justice, such as, for instance, using socio-legal research to deconstruct assumptions and find applicable rules, and (2) alternative tools, including those engaging sensory perception. Practicing International (Humanitarian) Law with Aesthetic Sensibility Practicing international law with aesthetic sensibility takes stock of the fact that law is inherently multidimensional. It is not just an ordering language or a fixed set of conceptual claims grounded in the sources of law (treaties, customs, and the general principles of law). International law is also an ever-evolving body of rules, processes,...17 Oct Book Discussion Informal International Lawmaking: Legality and Normativity – A Reaction to Tai-Heng Cheng
small step to raise the question whether it is not possible (or perhaps even more logical) to view these prima facie non-legal phenomena as law. A key element here may be the notion of ‘presumptive law’. This notion was developed by Prof. Jan Klabbers in his important publication ‘Law-making and Constitutionalism’ in his co-edited volume The Constitutionalization of International Law. In building his argument, Klabbers departs from the more or less pragmatic concept of law developed by Tamanaha: law is “whatever people recognize and treat as law through their social...