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

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...

[The Legal Opinion Expert Group: Ademuni Odeke is a professor of international maritime law and policy and special advisor to the National Centre for the Sea and Maritime Law, at the Department of Maritime Law, University of Ankara (Türkiye). Alice Ollino is an assistant professor in international law and ricercatore at the University of Milano-Bicocca (Italy). Andrea Caligiuri is an associate professor of international law and director of CiRAM (Centro interdipartimentale di Ricerca sull’Adriatico e il Mediterraneo) at the University of Macerata (Italy). Andrea Pappalardo is an international lawyer and...

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...

true, this would undermine the third account of U.S. exceptionalism I am offering – that the United States is exceptional, by contrast with Europe, because the views of the latter have come to be law. More fundamentally, this account of international law, if accepted, nullifies the entire category of exceptionalist conduct – at least among great states. If international law consists of no more than what the great powers agree on, thus, no great power could ever be “exceptionalist” in its approach to international law. I might ultimately be convinced...

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...

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...

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....

To have your event or announcement featured in next week’s post, please send a link and a brief description (1-2 paragraphs) to ojeventsandannouncements@gmail.com. Calls for Papers ASIL International Criminal Law Interest Group Works-in-Progress Conference: The ASIL International Criminal Law Interest Group will be holding its annual Works-in-Progress Conference in person on May 30, 2025, at Boston University School of Law. Submissions at various stages of development on any topic related to international criminal law broadly construed (including transnational criminal law) are welcome. We also welcome indications of interest from those...

law exculpation of the use of force will be discussed below. Finally, every individual, regardless of whether they are members of the armed forces, may use necessary and proportional force in personal defence against an unlawful (imminent) attack, subject to a number of criteria and restrictions normally set forth in national statutes and case law. Such personal self-defence is normally based on, or regulated by, national criminal law rather than international law, notwithstanding its clear relationship with international human rights law. The basis of self-defence under Netherlands criminal law and...

[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...

briefly referenced Article 51 in a television interview, this appears to have been a passing remark that was not repeated elsewhere. In a Senate hearing on January 28, Secretary of State Marco Rubio again did not seek to justify the operation in international law terms and insisted on the “law enforcement” framing, which has no plausible basis in international law. This is in line with the administration’s broader rhetoric suggesting that it is unconstrained by international law. In the absence of any international law justification put forward by the Trump...