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

...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...

of what the law actually is." As to the relevance of UNCLOS, see also the Restatement of the Law, Third, Foreign Relations Law of the United States, on customary international law generally, and in partlicular, section 102: "International Agreements constitute the practice of states and as such contribute to the growth of customary law...Some multilateral agreements may become law for non-parties who do not actively dissent. That may be the effect where a multilateral agreement is designed for adherence by states generally, is widely accepted, and is not rejected by...

[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...

– 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....

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...

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...

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...

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...

...“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...

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...