Search: Symposium on the Functional Approach to the Law of Occupation
29 Jul Is Messy Constitutionalism the Enemy of Effective Strategy?
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 Oct Fourth Annual Symposium on Pop Culture and International Law: Dune’s Great Convention – An Analogy for International Law
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”....15 Jan Thanks for the Conversation, OJ
...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...
30 Sep Symposium on Advisory Opinion AO-32/25 on the Climate Emergency and Human Rights: Finally Some Clarification on the Legal Effects of Advisory Opinions?
principle of international law called pacta sunt servanda that is generally accepted and, in any case, assumed. On the basis of this principle, valid treaties give rise to binding legal obligations. Similar rationales apply to customary international law and general principles of law. States and legal operators must apply them. Material sources, by contrast, supply the substance of law without themselves creating formal obligations, and therefore need not be followed. Most law textbooks refer to material sources as social, economic, political, moral, historical, and cultural influences shaping the law. They...16 Mar Events and Announcements: 15 March 2021
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...
17 May Symposium on Systemic Racism and Sexism in Legal Academia: Transparency, Diversity and Representation in Mainstream Academic Publishing – International Law Monograph Series
[Dr Talita de Souza Dias is the Shaw Foundation Junior Research Fellow in Law at Jesus College, University of Oxford.] 1. Introduction In this post, I discuss the findings of a short statistical survey into the gender and nationality/regional representation of authors published by two mainstream academic publishers in their main international law monograph series: Oxford University Press (OUP) and Cambridge University Press (CUP). These are OUP’s 1) Oxford Monographs in International Humanitarian & Criminal Law and 2) Oxford Monographs in International Law, as well as 3) CUP’s Cambridge Studies...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...