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

[Jan H. Dalhuisen is Professor at King’s College in London, the Miranda Chair of Transnational Financial Law at the Catholic University in Lisbon, and is Visiting Professor at UC Berkeley] Professor Dalhuisen is guest-blogging with us this week on the transnationalization of private law. Links to his other posts can be found under “Related Posts” below. In my last post, I said that the modern transnational lex mercatoria is dynamic, does not depend on statutory or treaty law, is not statist and allows for immanent or informal law formation through...

investment law poses for domestic public law values by suggesting that international investment law and investment treaty arbitration should be conceptualized as public law disciplines. He argues that investment treaties should be interpreted, investor-state disputes resolved, and system-internal reform proposed by recourse to public law thinking. Anthea Roberts (Visiting Professor at Harvard Law School and Lecturer in Law, Department of Law, London School of Economics and Political Science) and Jürgen Kurtz (Associate Professor, Melbourne Law School) will respond. On Wednesday, Gregory Shaffer (University of Minnesota School of Law) and Joel...

Mapping the Field” from 21–23 June 2016, Exeter, United Kingdom. Proposals addressing the following topics are particularly welcome: the concept, meaning and scope of the international law of military operations;the place of the international law of military operations within the system of public international law as a potential lex specialis regime; the relevance and impact of particular branches of public international law—such as the law of the sea, air law, the law of international responsibility, international human rights law, the law of State jurisdiction and immunity—on the conduct of overseas...

and lawmaking precipitated by globalisation have forced legal academics to rethink the substance of what we teach. But how do we as educators account for the changes occasioned by similar forces to the way people learn? What does this learning revolution mean for the manner in which law schools practise education and facilitate the development of learners?  Law School: Where Progressive Pedagogy is Laid to Rest For many law professors and students, the preceding will sound fantastical, maybe even heretical. Law is not just an authoritarian instrument, but the authoritarian...

the innovations as violations of classical principles of international law. While the Third World wanted to use its sovereignty to revisit the contours of international law, Europe argued otherwise. In the words of Tony Blair, “ours are not European values, they are values of the human spirit” (a phrase he uttered as bombs rained over Baghdad). They predicated admission into the club on a blanket acceptance of existing rules. European International Law was the one law to rule them all. Asian, Chinese, Hindu, Indigenous, Islamic, and Japanese conceptions of international...

the Mission of Sierra Leone to the United Nations, Ambassador Shekou M. Touray; and Professor Joseph E. Schwartzberg of the University of Minnesota. The panel’s moderator will be Professor Jose Alvarez of Columbia University Law School. On Friday and Saturday, the conference’s venue shifts to Fordham University School of Law, 140 West 62nd Street in New York City. The conference schedule includes thirty-three panels, traversing a wide spectrum of contemporary international law, including international criminal law, human rights law, international environmental law, international economic law, commercial law, and trade law....

of the laws of war, domestic criminal law – namely war crimes law – is the place to go for accountability. Indeed, that’s what the “grave breach” provisions of the Geneva Conventions and similar requirements in the Convention against Torture require (rather than merely permit). Criminal law, far from disappearing in armed conflict, merely takes a second seat only where provisions of applicable IHL would cause a different result, for example, in application of the privilege of belligerency. Otherwise, criminal law remains in force. But this is about IHRL, not...

role of lawyers in the sense of sophisticated finance people who start in law but gradually take on interdisciplinary expertise; that describes a lot of the players in this world, including lots of law professors. I mean the role of lawyer and law in the questions of governance, structures of governance, the constitutional arrangements of the the EU, the eurozone, the law of the central banks, and down from the supranational to the national. The economists and most of the political types I speak with do not believe that law...

the Rome Statute and under the traditional canons of treaty interpretation lex posterior derogat legi priori? I am wary of these wide-ranging interpretations of SC powers precisely because this turns it into a legislature-cum-executive with boundless powers and makes a mockery of international law tout court. Forget treaty law, forget customary law, forget the 'traditional' rules and principles of international law developed over the centuries... in short, we are free to ignore what African states do and say because the P5, which is conveniently above the law, can do whatever...

...internal , non-international armed conflict, international law doesn't really provide "combatant immunity." The source of "immunity" for violence forming a part of such hostilities must necessarily come from domestic law, and is more likely to take the form of "public authority." In the unique U.S. "common law of war," it is probably properly considered combatant immunity, but because it is so considered in our domestic common law. That is not what international law would necessarily call it...though state practice isn't clear on this point either so far as I can...

bin Laden). The most troubling sentence in Charlie Savage’s new New York Times piece on the legal theory underlying the United States’ 2011 incursion into Pakistan to kill or capture Osama bin Laden is this: “While the lawyers believed that Mr. Obama was bound to obey domestic law, they also believed he could decide to violate international law when authorizing a ‘covert’ action, officials said.” The Times piece very helpfully links directly to the basis of its statement that administration lawyers believed the President could disregard international law in covert...

to the international community as far as the risk and humanitarian factor of the Ukraine-Russia conflict is concerned. Is There an Intertwinement or Dual Application of International Nuclear Legal Regime and International Humanitarian Law? With the principle of lex speclialis and lex generalis heavily contested in international law as far as the application and enforcement of international law is concerned. The concerted effort of two bodies of law to be applied in a particular situation is always a subject for complication. However, with the effectiveness of IHL constantly debated, the...