Search: Symposium on the Functional Approach to the Law of Occupation
15 Mar YLS Sale Symposium: Sale’s Legacy– “Creative Legal Thinking” and Dynamic Interpretation of Refugee Law
circumvent national tax laws, governments are thus themselves increasingly engaging in extraterritorialisation, international cooperation, and privatisation in order to distance the exercise of power from the state itself and their obligations under international refugee and human rights law. The response of refugee and human rights law In light of the above, more critical or pessimistic refugee lawyers may be tempted to conclude that international refugee law is either obsolete or so inherently fungible and open to contestation that states are able to justify and validate just about any policy in...
25 Feb The Nature and Implications of Israeli Occupation of the Palestinian Territory: Part I
which the occupation arose also ends the occupation itself. As discussed, Israeli belligerent occupation of the Palestinian territories arose in the context of its IACs with Egypt and Jordan, which came to an end through peace agreements concluded in 1979 and 1994, respectively. Under a traditional conception of belligerent occupation, therefore, Israel’s de jure occupation of the Palestinian territories should have terminated alongside those agreements. The critical implication is that if no events since 1967 changed the status of the Palestinian territories as subject to de jure Israeli occupation, the...
03 Sep Occupation and Self-Defence in the Case of Palestine
the authors cite the definition of aggression adopted in the UNGA Resolution 3314 which specifies that military occupation flowing from an armed invasion constitutes aggression. An oft-cited example is that of the Falklands War. The British response to Argentina’s occupation took 23 days but was widely deemed lawful. This only stands to reason if Argentina’s occupation was considered a continuous armed attack. The article argues that there is no length of time that transforms an illegal occupation into a peaceful dispute. The right to self-defence does not lapse with just...
16 Feb Symposium on Rewriting Histories of the Use of Force: What Narratives Do
force. The law is not the problem, its absence is. The solution: more law. With this framing, the narrative of indifference fulfills a series of important functions. It eases the cognitive dissonances between the war and lawyer’s identities. It legitimizes international law, absconds from its failures, and sustains promises of order and progress through law. III. Verdebout’s intervention partakes in a broader push within the international legal discipline to come to terms with international law’s track-record and its progressive potential. It does so in a way that is not overwhelmed...12 Aug Emerging Voices: Excuse in International Law
law exclude criminal responsibility and lead to acquittal. The elements of the Rome Statute's grounds for excluding criminal responsibility also seem quite similar to the elements of domestic criminal law excuses such as insanity, intoxication, and duress. In light of the similarities between the treatment of individuals in domestic criminal law and international criminal law, international law should consider recognizing excuses for states as well as to individuals. el roam Thanks Arthur for your comment . With all due respect , it is wrong to observe similarity between individual criminality...
19 Dec Place-Based Teaching of IHL: Field-Notes from Atlantic Canada
help future lawyers become more locally connected, making their work more socially relevant. In international law, context “feels particularly urgent”. As international lawyers confront “the fragility of the field’s claims to universality”, context situates where, and in what circumstances, international law originated and developed. By extension, teaching rooted in context concretizes questions of whether, despite these origins, international law is “capable of challenging the status quo”. Contextual approaches can also combat the alienation felt by students learning a law of far-away peoples and far-removed places. This insight from the TWAIL...