Search: Symposium on the Functional Approach to the Law of Occupation
24 Sep France’s Declaration on International Law in Cyberspace: The Law of Peacetime Cyber Operations, Part I
of information and telecommunications in the context of international security (OEWG) and makes a powerful statement of France’s intent to shape the future discussions on the applicability of international law in cyberspace. This two-part post describes France’s position on the law of peacetime cyber operations and offers some initial comments. It will be followed up by a post on France’s view on international humanitarian law, which will appear at Just Security. The Evolution of France’s Position on International Law in Cyberspace The 20-page document on “International Law Applicable to Operations...20 Sep Is Adjudicatory Jurisdiction a Category of Public International Law?
hardly be called state practice. Their tripartite division of jurisdiction, mirrors, ostentatiously, the tripartite division of the field of conflict of laws, into jurisdiction, choice of law, and enforcement of judgments. But that is not the same. Thus, although adjudicatory jurisdiction has an independent existence under private international law, it is not clear at all whether it does under public international law. In this sense, F.A. Mann considered adjudicatory jurisdiction “merely an emanation of the international jurisdiction to legislate” (Further Studies in International Law 51). Vaughan Lowe has suggested that...
17 Feb Can European Law Stop Historical Revisionism?
piece looks at what free speech advocates can do outside of Poland to oppose this law. Background of The Law In February 2018, Poland’s president, Andrzej Duda, signed into law, a bill that banned anyone from implicating any Pole as having responsibility for the Holocaust. The law would put people in jail for three years for referring to the Nazi extermination camps that took place in Poland as “Polish Death Camps.” The bill supposedly exempted art and academic discussion, but the lawsuit against Engelking and Grabowski shows that the law...03 Dec Eric Posner’s Not Completely Wrong Critique of International Human Rights Law Clinics
[I posted this last week, or I thought I did, but somehow it ended up staying hidden in the bowels of OJ’s archives. So although it is a little late, I am posting this again today. -Julian] As is his wont, U. Chicago law professor Eric Posner has hit a nerve with his recent Chronicle of Higher Education essay criticizing the value of international human rights law clinics at many law schools. As part of his larger critique of international human rights law in general, Posner argues that most international...
22 Dec Of Justice and Justice: Prosecution of Francoism Crimes in Spain
shows that even at the time it was clear that the wording of the law was not precise and it required the interpretation of the courts in order to apply the amnesty. In this sense, the TC interpreted, in its Judgement 76/1986, the Law of Amnesty in the same line as the previous Royal Decree-Law 10/1976, about Amnesty, stating that: “One clear example of the objective extension of the amnesty is deduced from the norms which granted it in the pre constitutional period: from Article 1 of the Royal Decree-Law...
30 Sep Tackling White Ignorance in International Law—“How Much Time Do You Have? It’s Not Enough”
...international law either. Just as philosophers exclude white supremacy from their syllabi—we should say their cognition—so do scholars of international law vanish it from the discipline. In a standard international law course, racism only merits cursory mention in reference to the International Convention for the Elimination of Racial Discrimination and as evidence of the normative supremacy of human rights (see common article 2). The substitution of racism with racial discrimination is consistent with liberal race theory, reinforcing portrayals of the individual as both assailant and victim and stripping the phenomenon...