Search: Symposium on the Functional Approach to the Law of Occupation
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...17 Mar Guest Post: China As a Shaper of International Law?
this is an area where China’s arch-sovereigntist approach could shift in the future; and Many Chinese international lawyers were deeply disappointed by China’s decision not to sign the Rome Statute of the International Criminal Court and international criminal law is a fast developing sub-discipline of international law in China. To find out more, read the summaries of our roundtable meetings prepared in accordance with the Chatham House Rule: Chinese Approaches to Public International Law and the Rights of Individuals Chinese Approaches to Public International Law and the Rights of Individuals...27 Sep The SCSL’s Incoherent — and Selective — Analysis of Custom
...determining whether the specific-direction requirement has a customary foundation, domestic law is irrelevant, because that law may rest on “differing values and principles.” That’s quite literally nonsense. And even worse, it’s nonsense designed to make defendants as easy to convict as possible. To be clear, I am not arguing that aiding and abetting under customary international law requires specific direction. I strongly doubt that it does. Still, it’s important to note, as the defence did, that one of the primary reasons you don’t find specific direction in national law is...18 May On Reviving the Commissions
level, and then also to place their work in the framework of the modern laws governing war, both international and domestic. It is a return to first principles in order to see how events have shaped or discarded them. The fundamental principle I think they established is that in the absence of a statute, the laws governing the U.S. armed forces in war are the laws of war. I do believe several aspects of the MCA violate international law. You can read another article of mine regarding Article 5 status...26 Jun Reading a Couple of Books on Legal History, and a Comment on Fragmenting International Law
independent weight, for example, of how large and powerful states see the law. The fundamental problem of the “doctrine of sources” in the law of nations looms larger these days, not smaller. One of the effects of this is to raise uncertainties as to these most basic assumptions about the nature and authoritative sources of law – and that raises the costs of using international law as a means to try and settle things, because the fragmentation of authority means there is no “institutional settlement” by means of the law...
28 Jul What Will Gaza Become After Genocide? Law and the Regime of Managed Suffering (Part 2)
...been zionism’s constitutive aim. 2. A legal folk tale Many law students—though fewer with each passing year—believe that law is a useful instrument in the pursuit of liberation, or at least the lightening of oppression. While some governments speak the language of pure force, legal professionals counter this, their conscience merging with their craft to produce principles and safeguards that seek to restrain power and redress injustice. Some lawyers believe that law can contain violence, disciplining its harbingers and, sometimes, holding them to account for the harm they occasion. My...02 Feb Events and Announcements: 2 February 2025
Environment under International Law during Occupation: Join Westminster Law School and International Law at Westminster (ILaW) Research Group on 5 February 2025, 5.30 pm, in London, to discuss the new book by Dr Waad Abualrob on Protection of the Environment under International Law during Occupation (Routledge 2024) with Dr Saeed Bagheri (University of Reading), Dr Meagan Wong (University of Essex), Dr Waad Abualrob (University of Westminster) and Dr Marco Longobardo (University of Westminster). More info and free registration are available here. Job Ad Astra Fellowship: The UCD Sutherland School of Law wishes to appoint...29 Apr The Harvard Blogging Conference and the Future of Law Professors
balance scholarship, teaching, institutional service, and their role as public intellectuals. Being a “public intellectual” will grow in importance for law professors and law school deans. Law school deans will place a premium on faculty scholarship being widely read, and increasingly, traffic will be as important if not more important than placement in prestigious journals. The struggle to secure high Internet traffic (measured by paper downloads, traffic meters, etc.) will be the future bane of law professors’ existence. Law Professor Scholarship Law professors currently buy into a closed system of...