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

[Charlotte E. Blattner is senior researcher and lecturer at the Institute for Public Law, University of Berne. She specializes in public international law and climate law, and is the author of Protecting Animals Within and Across Jurisdiction (OUP).] Introduction For some time now, the European Court of Human Rights (ECtHR) has been widely accused of its “erratic and unprincipled” case law on extraterritorial jurisdiction, to the point that this would threaten its role as a human rights guarantor. The issue recently came to a head with a new wave of...

...at all. It is inherent because it flows from natural law, and article 51 simply refers to it. Modern lawyers are not accustomed to answering uncomfortable questions about where natural or inherent rights come from. They can’t come from the positive law, otherwise they wouldn’t be inherent. The whole point of being inherent is that even if the positive law denied them, they would still exist. That’s what inherent means. In other words, there’s an area of the law that endures after the positive law runs out. You might find...

of EU law represents a major element of the legal discourse concerning the affirmation and strengthening of the European integration process. It firstly influences the way in which that law interacts with the municipal law of the Member States. More and more, however, the relevance of the scope of EU law goes beyond the interplay with Member States’ legal orders, contributing thus to the global reach of EU law. In this respect, a crucial role is played by the extraterritorial application of EU law. Thanks to the growing web of...

a World of Divergent Possibilities There is just so much around us, which is structured in a manner to create dispossession, inflict injustice and perpetuate imperial violence that asking the question whether it could have been be different itself requires a willing suspension of reality. Recovering contingency in law, let alone in international law, is a difficult task, not least because law inherently demands a certain determinacy, predictability and finality, even if we know otherwise. Thus, Ingo Venzke and Kevin Jon Heller’s attempt at ‘recovering possibilities of the past’ so...

scholars from the Global South and elsewhere who are interested in critical international law scholarship on development aid, with the ultimate goal of finding reformative solutions that will ensure self-reliance of the Global South. Interested scholars can contribute to the Symposium within the deadline of 20th May 2021. The details regarding contributing to the blog can be found here. Reconceptualizing International Law Session 5 – Reconceptualizing International Economic Law: This series features leading academics and practitioners who will engage in critical thinking across the core topics of public international law...

If you are going to be in DC on Friday, April 23, there will be a terrific law of armed conflict program all day at Catholic University, Columbus Law School, including Harold Koh as lunchtime keynote speaker and a host of luminaries on the panels. Advance registration required. See program details below the fold. Controversy and Developments in the Law of Armed Conflict: Customary vs Treaty Law; Law of the Sea Manual; Manual on International Law Applicable to Air and Missile Warfare Friday, April 23, 2010 The Catholic University of...

– Online Workshop on Responding to Complex Relationships in International Law: The SLS International Law Section, in collaboration with the European Journal of Legal Studies, invites abstracts from PhD researchers in international law (public or private) for an online Workshop on Responding to Complex Relationships in International Law to be held on 13 May 2022. The theme intends to encourage new voices in international law to critically consider the complex relationships emerging in different areas of the international system and, where challenges arise, propose innovative methods for actors to respond....

now in its third year, presents an excellent opportunity to learn from a wide range of expert international teaching staff in one of the world’s capitals of international law. The course is structured around three themes, one for each of the three weeks of the program: international economic law, international law and civil society, and international law and politics. Each theme is explored through a week-long “Foundations Course” and three to five “Snapshot Courses” on topics such as the creation of states, WTO law and neoliberalism, internet law, law without...

realm of law, not all law imposes or proscribes specific behaviour or legally binding ‘rights and obligations’. The question of the distinction between ‘law’ and ‘non-law’ has kept legal theorists busy for ages, but it continues to pop up when lawyers feel the need to mark their territory. The main question raised (and answered) by Pauwelyn is whether ‘output informality’ implies that IN-LAW output is not international law. Dick Ruiter and Ramses Wessel (Chapter 7) go one step further and depart from the presumption that IN-LAW is law. What arguments...

...“should” or “ought” about it at all. If Kelsen’s essentialist view is accepted, then we have to go outside the law to see whether the law “should” be obeyed. Morality (at least as Kelsen sees it) is external to the law. Thus it is morality that provides the “should” factor. But morality, by its very nature, cannot apply to every law that is enacted without ending up contradicting itself. Thus morality must pick and choose among the legal rules. Some “ought” to be obeyed; others (like the law requiring apartheid...

from 1997-2018 was also considered only formally qualified apparently because he failed to demonstrate familiarity with the law and procedure of the ICC or indeed any ‘knowledge or experience of criminal law, international humanitarian law or human rights law’. Overall, the Committee’s report is marred with some level of contradiction and inconsistency. On the one hand, it appears that it ranks candidates who have a demonstrated understanding of international criminal law highly and yet on the other hand, for some candidates, it insisted on specifically seeing a clear understanding of...

teaching and scholarship on international law. Now, there’s already plenty of general advice written on the process for folks interested in law teaching (see here for one blog’s contributions to the genre). I’d suggest much of it holds true as well for those interested in teaching international law. What may be less apparent to international-oriented candidates, however, is the scope of the competition they face. In this year’s FAR there were 880 candidates, of whom 155 (or 17.6%) declared a primary interest in teaching international law, international organizations, international business...