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

24 Sep

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...
24.09.19 | |

21 Nov

change in the law admitting qualified neutrality in the face of aggression. II. The Continuing Validity of the Law of Neutrality. The law of neutrality regulates the relations between the belligerents in an armed conflict and third non-participating States. Relations between belligerents and non-participants are not entirely ‘peaceful’ but heavily affected by the armed conflict in progress. The law of neutrality becomes operative at the outbreak of an international armed conflict and ceases to apply upon its termination. It entails two fundamental duties for neutral States: abstention from participating in...
21.11.23 | |

20 Sep

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...
20.09.18 | |

17 Feb

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...
17.02.21 | |

03 Dec

[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...
03.12.14 | |

20 Jul

English and Spanish on “Sovereign Debt Restructuring in relation to International Law”, by Mr. Mario J. A. Oyarzábal, Member of the International Law Commission; and two lectures in English and French on “International Law and Sustainability”, by Ms. Seline Trevisanut, Professor of International Law and Sustainability at Utrecht University. The Audiovisual Library of International Law is also available as an audio podcast on Apple and SoundCloud. Graham Turnbull Human Rights Essay Competition 2025: The 2025 Graham Turnbull Human Rights Essay Competition invites submissions from law students and early-career legal professionals on the topic: “Is the definition...
20.07.25 | |

05 Jan

[Péter D. Szigeti is a Collegium Fellow at the Turku Institute for Advanced Studies and the Faculty of Law at the University of Turku, Finland, and an Associate Professor at the Faculty of Law of the University of Alberta, Canada] There has been a lot of discussion about whether we are witnessing the “death of the liberal rules-based order”; international lawyers have even used terms such as “the graveyard of international law” or “dystopian international law.” Undoubtedly, refugee law is “[one of] the first collapsing regimes,” wherein violations and disregard...
05.01.26 | |

22 Dec

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...
22.12.21 | |

26 May

Later, on pg. 18, an acknowledgement of a distinction is made between Shari'ah and fiqh, but the operational employment of the former throughout betrays an inability to grasp the significance of the nature of the distinction, as he effectively conflates the meaning of divine law with positive law as derived from the methods and reasoning of the jurists. Hence it makes no sense whatsoever to state that 'the Shari'ah is a positive system of law and not merely religious law.' It is extremely important to recognize this, especially in a...
26.05.06 | |

15 Jan

[ William S. Dodge is The Honorable Roger J. Traynor Professor of Law and Associate Dean for Research at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on a variety of immunities matters. The views expressed here are his own and do not necessarily reflect the views of the State Department or of the United States.] In Jones v. United Kingdom, a chamber...
15.01.14 | |

07 Sep

as a bulwark against U.S. power. This means that THERE IS NO SUBSTANTIVE VALUE, really, in the effort to assert "international law." It's the rule of law, at best, for the sake of the rule of law, and at worst, to prevent the U.S. to win a just war. And sadly, it is a pathetic attempt by us, international law professors, to convince others that international law is still relevant. But if President Bush is right (as I think he is, regardless of blunders, etc.) that we are at war...
07.09.06 | |

02 Jun

law into the state's legal system. Instead, equipping indigenous peoples with powers of self-government that include the right to make new laws for themselves better accords with the fact that their cultures are dynamic and should not be frozen by attempts to restore customary law that no longer best serves their intereststs.' I would hope there are international law scholars out there who are sufficiently provoked by the above to read Buchanan's further elaboration of these four arguments in his Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (New...
02.06.06 | |