Search: Symposium on the Functional Approach to the Law of Occupation
30 Sep Tackling White Ignorance in International Law—“How Much Time Do You Have? It’s Not Enough”
...international law either. Just as philosophers exclude white supremacy from their syllabi—we should say their cognition—so do scholars of international law vanish it from the discipline. In a standard international law course, racism only merits cursory mention in reference to the International Convention for the Elimination of Racial Discrimination and as evidence of the normative supremacy of human rights (see common article 2). The substitution of racism with racial discrimination is consistent with liberal race theory, reinforcing portrayals of the individual as both assailant and victim and stripping the phenomenon...03 Dec Eric Posner’s Not Completely Wrong Critique of International Human Rights Law Clinics
[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...26 May Islamic Law and International Arbitration
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...15 Jan Guest Post: Dodge–Is Torture an “Official Act”? Reflections on Jones v. United Kingdom
[ 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...02 Jun Case of the Month: United States v. Juvenile Male 1
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...07 Sep When Will This Administration Acknowledge the Reality of International Law?
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...25 Apr Anchugov and Gladkov is not Enforceable: the Russian Constitutional Court Opines in its First ECtHR Implementation Case
...the notion of 'domestic law'. The dominant view prior to these developments was that international treaties are superior to all domestic law including the Constitution (and I agree with this view), but the new interpretation is different in that it distinguishes the Constitution and all other law for the purposes of hierarchy. Jordan, I believe the force of law lies in part in its discursive potential. Justinas After justifying Crimea's occupation and annexation within two nights (?) Russia's CC has nothing to do with the law nor its discursive potential....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...