Search: Symposium on the Functional Approach to the Law of Occupation
23 Jun Events and Announcements: June 23, 2019
Law and the International Economic Law Interest Group of the European Society of International Law will host at the University of Amsterdam a Conference on “International Economic Law and Security Interests”. Besides a roundtable on adjudicating the security exception, the Conference will deal with the main areas of the topic over three axes: International Law and Security, including the history and interpretation of the security exception; Security Interests and International Economic Law, addressing the relationship between security interests and the legal regimes governing trade and investment; and Emerging Security Issues, to...
22 Jun Business and Human Rights Symposium: Evolution of the Duty of Care Doctrine in Cases of Business-Related Human Rights Abuses
for justice in courts abroad. More welcoming to their pleas have been common law jurisdictions. However, what surprised was the dearth of legal precedents holding parent companies liable for subsidiary misconduct. Under common law, a duty of care (DoC) has to be found in precedents or be created by meeting the Caparo criteria. Furthermore, the corporate veil principle in corporate law and the tort law principle of non-liability for a third-party misconduct loomed large. As courts have had a ready-made legislative basis in tort-negligence law on which to hold MNEs...07 Sep Why Congress Can Override the Supreme Court’s Interpretation of International Law
eliminate any ambiguity, Congress passes Law B, making conduct X plainly unlawful, and further "declares" that the new prohibition should be applied retroactively because, in Congress's view, the preexisting Law A had already proscribed that same conduct. Would the Court have to agree with that interpretation of Law A? I don't think so. And the same should be true for Congress's interpretation of what the LOAC prohibited during the period when Hamdan acted. Marko Milanovic I completely agree with Marty. There is a subtantial difference between legal interpretation and legislation...05 Feb Yes, the Rule of Law Must Remain Central to the Debate on Trumpism
by law”: indeed there are advocates of this “thin” notion of the rule of law, epitomized by the writings of 19th century British jurist A.V. Dicey and the “Singapore model”. But this line of thinking ignores the now more dominant conception of the rule of law as not simply a value neutral construct addressed to forms and procedures, but a norm-laden overarching governance framework. (In fairness to O’Hehir, his point is ultimately that the rule of law is an elusive concept, not that it must mean rule by laws imposed...07 Jun Searching for State Practice
areas of customary international law — e.g., the law of treaties, the laws of war, or the law of the sea? This leads me to three questions. First, is my premise correct that most custom today is delineated in written instruments rather than the observed practice of states? Are there any areas where custom remains the product of state action (or inaction) in lieu of negotiated texts reflecting states’ visions of what the law is (or should be)? I’d be interested in specific examples if readers have any to offer....
31 Oct Fourth Annual Symposium on Pop Culture and International Law: “Equivalent Exchange” – Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law in Fullmetal Alchemist
for the Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law [BPGR]. These Principles, also known as the Van Boven/Bassiouni Principles, from the names of the two Special Rapporteurs who drafted them, are not legally binding. However, as stated in paragraph 7 of the Preamble, they “identify mechanisms, modalities, procedures and methods for the implementation of existing legal obligations under international human rights law and international humanitarian law” regarding reparations. Thus, in the words of one of their drafters, the BPGR “are meant...
05 May What Are the Limits on Lawfare?
[Craig Martin is a Professor of Law and the Co-Director of the International and Comparative Law Center at Washburn University School of Law.] Questions regarding the meaning, importance, and operation of “lawfare” were recently discussed at a great conference on Legal Resilience in an Era of Hybrid Threats at the University of Exeter. Several speakers explained how lawfare is being used by adversaries of Western states, and urgently argued that “we” must ourselves engage in lawfare as part of a comprehensive response to such hybrid threats. Yet I was left...16 Sep Introducing Interdisciplinary Perspectives on International Law and International Relations: The State of the Art
[Jeffrey L. Dunoff is the Laura H. Carnell Professor of Law at Temple University Beasley School of Law and Mark A. Pollack is professor of Political Science and Jean Monnet Chair ad personam at Temple University] We are very grateful to our friends at OJ for hosting this symposium, which we trust will continue the work begun in our recent edited volume, namely providing a critical assessment of the innovations and contributions, as well as the lacunae, biases and blind spots, of international law and international relations (IL/IR) scholarship. In...11 Apr Events and Announcements: 11 April 2021
Critical approaches to human rights; Critical approaches to the sources of international law; Critical approaches in the teaching of international law; The role of various actors in constructing narratives of international law, such as academics, judges, activists and/or institutions; and Critical approaches and the turn to history in international law. For more information, please contact either Sarah (Sally) Thin (she/her; sarah[dot]thin[at]maastrichtuniversity[dot]nl) or Wim Muller (he/him; wim[dot]muller[at]maastrichtuniversity[dot]nl). The full CfP can be found here. Call for Papers for 6th NLIU-Trilegal Summit on Corporate and Commercial Laws: The Centre for Business and...13 Sep Al-Bahlul, Conspiracy and the Subject Matter Jurisdiction of Military Commissions
War was an internal armed conflict. Thus, all such developments were, at best, domestic common law only. They were one state’s practice rather than customary international law. Such domestic common law doctrines and developments are fairly within the subject matter jurisdiction of military commissions from the perspective of U.S. law. However, their application to extraterritorial violations by non-nationals would implicate the legality principle and the constitutional prohibition of ex post facto laws, but only if not consistent with relevant international law. For me, then, the key question is whether the...