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

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...

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...

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...

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...

– 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....

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...

authority to adopt any interpretation that departs from other countries’ understanding of customary law. Indeed, some might even say that Congress cannot ever depart from customary law as well. But I seriously doubt this is correct as a matter of U.S. law. And I think it is fair to say that there is no academic consensus on this question, and that there is at least some jurisprudence pointing the other way. So I would be curious if John has any views on this domestic law debate? Is the executive branch...

Transnational Law 9 The American Journal of Comparative Law 10 Michigan Journal of International Law 11 Chicago Journal of International Law (2000-) 12 Columbia Journal of Transnational Law 13 European Journal of International Law (United Kingdom) 14 New York University Journal of International Law and Politics 15 Brooklyn Journal of International Law 16 The International Lawyer 17 University of Pennsylvania Journal of International Economic Law 18 Cornell International Law Journal 19 Texas International Law Journal 20 George Washington International Law Review 21 Berkeley Journal of International Law 21 Indiana Journal...

Mary Ellen O’Connell (whose recent book The Power and the Purpose of International Law was the subject of one of our book discussions) has a post at Balkinization called “Who’s Afraid of International Law?” that considers the fear-mongering by some in the media concerning international law. After briefly discussing the views of the Founders, she writes: So why does Glen Beck seem to fear international law? Why is he and decrying strong international lawyers in America’s top international law jobs? As with so many things we fear, the critics seem...

and instructed the government to apply the ruling retroactively, going back to 1929. International human rights groups strongly condemned the decision as racist and xenophobic and argued it would render hundreds of thousands of people stateless. The Caribbean Community (CARICOM), an international organization made up of 15 Caribbean states, also denounced the ruling and suspended the Dominican Republic’s application for membership. The new citizenship law, Law 169-14, was passed this spring in response to the international backlash against the Supreme Court decision. Law 169-14 establishes a regime to restore the...