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

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...

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...

[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...

[Mohsen al Attar is an Associate Dean (Education) and Reader in International Law at Xi’an Jiaotong-Liverpool University] International law is often on the ropes. Each time a state invades another, a security agent tortures a suspect, or a wanted war criminal hobnobs with other state leaders, we are reminded that what international law could be is always tempered by what it is. This ambivalence provides the contours for Emancipating International Law: Confronting the Violence of Racialized Boundaries (OUP, 2026), where the core argument is that international law has not fallen...

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...

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....

...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...

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...

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...

national law.’ The requirement for proportionality likely has unique aspects in in context of article 8 ECHR and/or European Union law, as opposed to public international law. But there seems no reason why an extreme disproportion in a state act of deprivation of citizenship could not come within the characterisation of arbitrariness by the International Court of Justice: Arbitrariness is not so much something opposed to a rule of law, as something opposed to the rule of law. This idea was expressed by the Court in the Asylum case, when...

[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...

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...