In association with the International Commission of Jurists

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

29 Oct

Dune universe between the “cynical rule by law” of the old Imperium and the “earnest rule of law” among the Fremen – a distinction which Paul himself appears to notice, and which begins to blur as the Fremen, now liberated by the events of Dune Messiah, grow increasingly seduced by the formalism and cynicism which characterised the Imperium. The Great Convention is the most obvious example of the former rule by law, prioritising form over substance. Each Article of the Convention begins with the words “the forms must be obeyed”....
29.10.24 | |

29 Jul

and a group of institutions that responds to the conflict of our time. He begins by examining the “law of September 10,” that is, the overlapping techniques and regulations stemming from law enforcement, intelligence operations, and warfighting, that have defined our complex responses to terrorism in the past, ranging from Federal trials to cruise-missile attacks. This actually mirrors how many law schools teach the course “National Security Law”: we pull together a smorgasbord of constitutional law, criminal law, the law of armed conflict, international criminal law, foreign relations law, and...
29.07.08 | |

15 Jan

...ignorance of international law even among folks who should know better. International relations theorists who didn’t recognize a distinction between their criticisms of particular international institutions and the substance of international law. Law professors who had never contemplated any difference between comparative law and international law. A leading political scientist who, on hearing that I taught both constitutional law and international law, expressed amazement at teaching in such “opposite” fields – the one being hard core LAW-law, the other being (something like) a Hogwarts text on witchcraft and wizardry. And...
15.01.15 | |

11 Apr

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...
11.04.21 | |

16 Mar

to future lawyers in the Commonwealth Caribbean. As such, our mission and focus is distinctively regional, including the integrated study of the law from across the Caribbean. New colleagues are expected to adapt their teaching accordingly. While we are open to receiving applications from strong academics across all subject areas, those of notable interest in this hiring round include: Tax Law; Maritime Law; Climate Change, Renewable Energies, or the Blue Economy and the Law; Law and Development with emphasis on Small Islands; Health Law; Banking Law; Corporate Finance and Corporate...
16.03.21 | |

13 Sep

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...
13.09.11 | |

03 Oct

...the statute in accord with international law. In addition, reasonable respect for international comity has long been treated as within the discretion of US courts, and appropriate exhaustion could also be seen as a matter of comity. Jordan Doug: Charming Betsy can (and should) only be used to support extraterritoriality because, as you note, the ATS must be interpreted consistently with customary international law and it is customary international law that permits the U.S. to exercise universal jurisdiction over violations of customary international law. International "comity" (as a former Chief...
03.10.12 | |

12 Sep

the search for the general practice of states and opinio juris takes into account the variety of forms of states. In the considered wisdom of all the states including the United States in acceding to the Statute of the ICJ we recognize customary international law as law to be applied. Clearly in that bargain states consider that such law has some value to them. You take a far to United States centric view of international law. What about customary international law as a public good that all states are providing...
12.09.07 | |

21 May

[David Sloss is the Professor of Law and Director of the Center for Global Law and Policy at Santa Clara Law School] In Samantar v. Yousuf (2010), the Supreme Court directed lower courts to apply common law rules to resolve immunity defenses raised by individual foreign government officers, except in cases where a treaty provides the controlling rule. The Court remanded Samantar to the lower court to decide, in the first instance, the proper content of the common law rule. The Fourth Circuit heard oral argument on this issue last...
21.05.12 | |

23 Feb

The following is a guest-post — actually a short book-proposal — by my friend Mark Osiel, the Aliber Family Chair in Law at the University of Iowa. I have agreed to post it despite the inordinate jealousy I feel toward his remarkable productivity. Mark would greatly appreciate comments and criticisms, especially examples and counter-examples of what he is trying to get at. Rethinking the Law of War Crimes: “Collateral Damage”and “Distinction” Current law on war crimes is deeply disappointing to most people – public and legal professional — who pay...
23.02.10 | |

10 May

There is a friendly debate going on at Prawfsblawg about whether people who have PhDs or JSDs in law are entitled to refer to themselves as “Dr. so-and-so.” Skepticism seems to be the order of the day; here are quotes from Paul Horwitz and Jeff Yates, respectively: Although I think there’s a good deal to be said for obtaining JSDs or Ph.D’s in law, we might think about whether that trend represents a similar claim to authority and respect for law as an academic discipline; and if those folks start...
10.05.12 | |

21 Feb

...and only in a state of war could civilians/non-combatants be intentionally targeted. Chris "Volokh largely ignores Campos' argument that Reynolds is openly and enthusiastically endorsing assassinations that are illegal under U.S. and international law." Isn't it most sensible to construe Reynolds as implicitly advocating a change in the law? Kevin Heller Chris, No. I think a law professor is capable of advocating a change in policy instead of murder. Chris "I think a law professor is capable of advocating a change in policy instead of murder." But I don't understand...
21.02.07 | |