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

28 Oct

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...
28.10.11 | |

24 Aug

of law and legal system, to the larger human arena, to fight the injustice rooted in the system. However, a lawyer’s duty lies in realizing the desires of their clients. To the extent that they are lawful. Lawyers are morally justified provided they are doing their duty and executing their given role. Dworkin’s ‘Hard Cases’ arise even in the law governing lawyering, but a divergence of opinions does not open the door to considerations of morality in executing the duty of a lawyer. Lawyers are bound by legal obligations as...
24.08.23 | |

12 Apr

bring to the surface is that political will and military technology permit states to test the outer limits of how international law allows states to use lethal force outside their borders. In some cases, this can lead to explicit breaches of the law. In other cases, it may lead to reinterpretations of the law. And in other instances, it may lead to a use of force that occurs clearly within the law’s intent. Depending on who you ask, the notion that international law permits a NIAC “cloud” to follow a...
12.04.13 | |

07 Feb

more likely to be found in China than the reverse (the power of diffusion), but Chinese international law academics are more likely to exhibit broad comprehension of Western perspectives on international law than the reverse (the power of knowledge). As China becomes an increasingly significant international player, it will want to disseminate its own approaches to international law more widely, whereas international lawyers in the West will need to deepen their knowledge of China’s interests, interpretations and approaches. Conclusion International law aspires to be universal; but it is also, and...
07.02.18 | |

02 Mar

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...
02.03.14 | |

11 Aug

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...
11.08.20 | |

18 Jan

that has passed. The event will feature Beth Van Schaack, former Ambassador-at-Large for Global Criminal Justice in the U.S. State Department; Marko Milanovic, Professor of Public International Law at the University of Reading School of Law; and Rachel López, Barrack Chair in Law at Temple Law. Join us to learn about the events that defined international criminal law in 2025. The event will be taking place by Zoom on 26 January 2026 at 12:30pm ET. Register here. Workshop – Inter-Judicial Dialogue on Climate Change and Human Rights: Climate change has...
18.01.26 | |

31 Mar

[Eva Kassoti is a senior researcher in EU and international law at T.M.C. Asser Institute, and academic co-ordinator of CLEER] By its order of 5 September 2025, the General Court (GC) of the Court of Justice of The European Union dismissed an action brought by the Association of Jurists for Respect for International Law (JURDI) against the Council and the Commission alleging that their inaction in response to violations of international law in the Occupied Palestinian Territory (OPT) constitutes an unlawful omission under EU law. This is the first time...
31.03.26 | |

02 May

in the technical sense is instigated by the duty proscribed by the vigilance law and not (international) human rights or environmental law. This reliance on domestic law (or “municipal law” as the International Court of Justice called it in Barcelona Traction) is perhaps unsurprising given the sustained inertia of international law in tackling political, social, ecological, economic and technological challenges that defy its traditional territory-based statist conceptions, particularly when it comes to rectifying power imbalances between states, as well as between states, individuals and non-state actors. How international law in...
02.05.24 | |

17 Mar

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...
17.03.15 | |

27 Sep

...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...
27.09.13 | |

18 May

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...
18.05.09 | |